In a significant development in the Johnson & Johnson talc litigation, the representative for future talc injury claimants has asked a Texas bankruptcy court to reconsider its decision to dismiss Red River Talc LLC's Chapter 11 case, arguing that dismissal effectively eliminates any chance of compensation for tens of thousands of people who may develop talc-related illnesses in the future.
Randi S. Ellis, the court-appointed Legal Representative for Future Talc Claimants (FCR), filed a joinder on April 14, 2025, supporting Rhonda McKey's motion to reconsider the dismissal of Red River Talc's bankruptcy case. The filing in the U.S. Bankruptcy Court for the Southern District of Texas (Case No. 24-90505) argues that the deficiencies in the rejected reorganization plan can be remedied through amendments, and that the court should allow parties to vote on a revised plan rather than terminating the bankruptcy proceedings entirely.
"Resolution through bankruptcy is far more likely to lead to recovery for the future claimants than pursuit of future claims in the tort system," Ellis stated in the filing. "Dismissal of the case likely eliminates the avenue to monetary recovery for and resolution of the vast majority of future claimants' claims."
The FCR represents an estimated 50,000 or more women who may develop talc-related illnesses in the future but have not yet filed claims. According to expert testimony cited in the filing, the number could potentially reach as high as 200,000 future claimants.
Ellis's filing notes that while the court expressed hope that some parties would achieve resolutions through private settlements, such an option is not viable for future claimants as a group. The document quotes trial testimony stating that "futures... are not addressed by the traditional tort system."
The FCR argues that future claims will become increasingly difficult to prove in the tort system over time. As Johnson & Johnson's talcum powder products were pulled from the market in May 2020, future claims will tend to involve older cases with shorter durations of product use and longer periods between diagnosis and last product use—factors that attorneys testified negatively impact causation arguments in court.
In its earlier decision dismissing the case, the court had identified several issues with the proposed plan, including "improper nonconsensual third-party releases that violate Fifth Circuit precedent," concerns about the scope of the channeling injunction related to Kenvue and retailers, funding questions, and issues with prepetition solicitation and voting.
Ellis's filing states that on information and belief, Red River and Johnson & Johnson would be willing to address these concerns by amending the plan to:
- Remove the proposed non-consensual third-party releases entirely
- Clarify that independent liability of retailers or Kenvue would not be subject to the channeling injunction
- Conduct a court-supervised re-solicitation and voting process
"The FCR respectfully asks the Court to permit that process to proceed, allowing the voices of the claimants to be heard and counted fairly," the filing concludes.
The Red River Talc bankruptcy is part of Johnson & Johnson's broader strategy to resolve thousands of claims alleging its talcum powder products caused ovarian cancer and other diseases. This latest filing underscores the complex balancing of interests between current and future claimants in mass tort bankruptcies.
Bracewell LLP attorneys William A. (Trey) Wood III, Jason G. Cohen, and Nancy McEvily Davis are representing Ellis in her capacity as the Legal Representative for Future Talc Claimants.
This article was prepared using Stretto Conductor, our new AI-powered assistant that's here to help. Stretto Conductor was able to create this summary of a 6 page court filing in less than a minute. Always review the underlying docket filings for accurate information. The information and responses generated by Stretto Conductor may contain errors or inaccuracies and should not be relied upon as a substitute for professional or legal advice.