From the effective date forward, the sole recourse of any opioid claimant based upon Mallinckrodt’s pre-effective date conduct will be to make a claim to the opioid trusts.
Disarray amongst the circuits in these high-profile, multibillion-dollar restructurings could prompt the U.S. Supreme Court to finally decide this longstanding issue.
As of April, there were approximately 29,000 pending lawsuits in the U.S. linking Johnson & Johnson’s talc-containing powders to ovarian cancer and mesothelioma. In recent years, J&J has taken some talc injury cases to trial and, in some of these cases, juries have sided with the company. As recently discussed by Law360′s Cara Salvatore in an article entitled “J&J May Court Trouble With ‘Texas Two-Step’ Talc Gambit,” J&J has threatened the plaintiffs with a bankruptcy maneuver known as the “Texas Two-Step.”
