| > Is a class action somehow impossible if they don't declare bankruptcy? Or they can't distribute money as easily as in a class action? The issue is that there might be multiple actions, and compensation might be used up byt the first one (eg, if the company was sent into bankruptcy by the first class action, then subsequent cases would be useless). This is a pretty reasonable argument IMHO. > Further, if your company produces products that kill or injure people, then why should we show any interest in maintaining that companies existence with odd legal hacks like this? This seems fairly debatable. J&J produces a lot of things that aren't talc, and it isn't like they are a cigarette company that knew the health risks. The risks from talc weren't known are are still debated, and it is a thing that has been used for thousands of years without known issues. Separately there's a good argument that keeping the company alive is better for those affected because it can fun ongoing liabilities. |
The talc itself is not believed to be the carcinagen, but the talc is contaminated with asbestos. Interal documents show that J&J knew about the contamination since 1971. Asbestos was known to be carcinegic at this point and the first bans of asbestos use in construction began rolling out in 1972.
They knew and hid the health risks, just like a cigarette company.