Bates White experts testify in talc bankruptcy case
In September 2024, Red River Talc LLC (RRT) filed for Chapter 11 bankruptcy to resolve claims of ovarian and other gynecological cancers linked to Johnson & Johnson (RRT’s parent firm) talcum powder. In such cases, claimants vote on whether to accept or reject the Chapter 11 plan of reorganization.
A Bates White team was engaged to evaluate whether the proposed Trust would compensate qualifying ovarian and gynecological cancer claims at or above historical tort system settlement values and ensure “pay-in-full” treatment. The team also conducted scenario analyses around the voting results, including analyzing the vote across certain sub-populations of claimants
After a two-week trial, Judge Christopher M. Lopez dismissed the case.
Partners Drew Evans and Charlie Mullin submitted reports and provided deposition and trial testimony. Mr. Evans testified on various voting-related scenarios, including whether they meet the bankruptcy code’s threshold for confirmation; Dr. Mullin testified regarding his assessment of whether the Trust would provide similar treatment to pending and future talc claims.
Mr. Evans and Dr. Mullin were supported by a team including Peter Cumbo, Taylor Duncan, Scott Lobel, Katie Luker, Alex Moon, Mariana Odio-Zuñiga, Sarah Peters, Samantha Stewart, and Jinwen Wang.