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J&J Talc Unit Second Bankruptcy Must Be Dismissed, Cancer Victims' Lawyers Say

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Johnson & Johnson’s second attempt to resolve talc lawsuits in bankruptcy should be dismissed as an unprecedented fraud designed to deny plaintiffs just compensation, lawyers representing cancer victims argued in a Monday court filing, Reuters reported. The attorneys contend J&J defied a January appeals court rejection of its first attempt to settle the litigation, noting that a J&J subsidiary refiled for chapter 11 about two hours after a court dismissed its first bankruptcy. The lawyers blasted the move as the "largest intentional fraudulent transfer in United States history." Johnson & Johnson is offering to settle all claims for $8.9 billion, up from its original offer of $2 billion. Monday's legal broadside challenged the company’s latest gambit as an unlawful abuse of the chapter 11 system, echoing earlier objections to its first effort to resolve the lawsuits. In October 2021, J&J executed a controversial legal maneuver known as a Texas two-step. The tactic involved dividing its consumer business in two and then offloading tens of thousands of talc lawsuits onto a newly created subsidiary, which almost immediately filed for chapter 11. The goal: to halt the avalanche of lawsuits and force plaintiffs into a global settlement in bankruptcy court. The plaintiffs allege J&J's talc-based Baby Powder and similar cosmetic products caused ovarian cancer and mesothelioma. The company maintains its talc products are safe.

Pfizer to Buy COVID-Flu Test Developer Lucira Health Out of Bankruptcy Court

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Pfizer Inc., the world's largest drug maker, will buy the assets of at-home COVID-flu test developer Lucira Health Inc. following an auction Thursday in U.S. Bankruptcy Court in Delaware, the San Francisco Business Times reported. After meeting with the unsecured creditors' committee, Emeryville-based Lucira declared Pfizer, the manufacturer of a critical COVID-19 vaccine and drug, as the successful bidder. The next highest bidder was Pearsanta Inc., a recently formed subsidiary of Richmond, Virginia-based Aditxt Inc., according to a bankruptcy court filing. Court filings did not disclose how much the companies bid for Lucira, which was the first company to win Food and Drug Administration emergency use authorization in late 2020 for an at-home, do-it-yourself molecular diagnostic test for COVID. Lucira filed for chapter 11 bankruptcy protection in February as it awaited FDA approval of a combined COVID-flu test for which it had been trying to take to market for months. Two days after the bankruptcy filing, FDA officials granted emergency use authorization, or EUA, for the combined test. Pfizer's purchase of Lucira's assets is scheduled to be heard April 13 before Bankruptcy Court Judge Mary F. Walrath.

Bausch Health Creditor Lawsuit to Proceed, Jeopardizing Eye-Care Spinoff

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A New Jersey state court allowed a lawsuit brought by shareholders of Bausch Health Cos. to proceed, opening a path to stop a planned spinoff of the company’s vision-care business, WSJPro Bankruptcy reported. The investors said divesting the division would deplete the company of valuable assets and leave it unable to pay a potential multibillion judgment in separate pending lawsuits in a federal court. The Canadian pharmaceutical company in 2020 said it planned to spin off the fast-growing eye-care business from its core pharmaceutical operations as it faced challenges including competition from bigger rivals and generic drugmakers. Last year, the company also lost a major patent dispute that threatens to end its exclusive rights over one of its key drugs. Bausch Health had asked Superior Judge Margaret Goodzeit to dismiss the shareholder lawsuits, which seek to stop the spinoff of the vision-care assets and allege that it would be a fraudulent transfer because the transaction would leave the company in a dire financial condition. In her ruling on Monday, Judge Goodzeit said the lawsuit about a potential fraudulent transfer can move forward, saying that any injunctive relief for the shareholders would depend on the outcome of their lawsuits in federal court and that a decision “enjoining” the distribution of the company’s remaining shares in the vision-care unit “could be appropriate because it would preserve the status quo between the parties.”
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Judge Blocks Bankruptcy Filing by Clinic Hit with $75 Million Malpractice Verdict

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A federal judge has blocked an eastern Iowa medical clinic’s efforts to declare bankruptcy in the wake of a record-setting $75 million malpractice judgment, Iowa Capital Dispatch reported. Bankruptcy Judge Anita L. Shodeen has dismissed the bankruptcy case filed late last year by Obstetric and Gynecologic Associates of Iowa City and Coralville, ruling that there is evidence that the filing was intended to shield the clinic’s insurer from a $12 million policy payout. In March 2022, a Johnson County jury awarded more than $97.4 million to the family of a boy who sustained serious brain damage during his birth at an Iowa City hospital. The award was later reduced to $75.6 million. Kathleen and Andrew Kromphardt sued Obstetric and Gynecologic Associates, along with Dr. Jill Goodman. The Kromphardts contended that their son’s brain damage was caused by medical workers’ failure to properly respond to signs the baby was deprived of oxygen in the hours leading up to his birth in August 2018. The boy is unable to walk by himself and is largely unable to speak. At trial, the family’s lawyer argued that the child will likely need 24-hour care for the rest of his life. Last October, with the Kromphardts attempting to collect the $75.6 million award in the case, the clinic filed for bankruptcy. The Kromphardts’ attorneys challenged the bankruptcy filing, arguing that it was filed in bad faith to avoid payment of the award.
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KKR’s Envision Healthcare in Talks With Lenders as It Misses Earnings Deadline

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KKR & Co.’s Envision Healthcare Corp. is in negotiations with some of its creditors after missing a March deadline to report its quarterly financials, WSJPro Bankruptcy reported. The Nashville, Tenn.-based physician-staffing company missed the March 31 deadline to report its fourth-quarter financials, triggering a technical default under the company’s loans that it has 10 business days to cure. Envision, a physician-staffing firm and one of KKR’s biggest health care investments, has signed nondisclosure agreements with a subset of its first-lien lenders represented by law firm Gibson Dunn & Crutcher LLP. Envision contracts with hospitals to provide them with an array of medical professionals and has struggled since the COVID-19 pandemic started as more patients tried to avoid going to the hospital for nonemergency care. The company’s most recent earnings report for the quarter ended Sept. 30 showed revenue dropped 13% year-over-year to $1.6 billion. Some of the company’s bonds and loans are currently trading as low as 15 cents on the dollar, according to market data provider Solve, a sign that investors aren’t expecting to get paid back in full.
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3M’s Bid to Shield Itself from Earplug Lawsuits Faces Skeptical Judges

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Federal appeals court judges appeared skeptical of 3M’s bid to use the bankruptcy of its subsidiary Aearo Technologies to shield itself from nearly 260,000 lawsuits over allegedly defective military-issue earplugs, Reuters reported. Paul Clement, a lawyer for Aearo, urged a three-judge panel of the Seventh Circuit Court of Appeals to reverse a bankruptcy court order allowing the lawsuits to move forward against 3M, even though Aearo is bankrupt. Clement argued that bankruptcy’s so-called automatic stay should apply to 3M as well, because there is “complete overlap” between the facts and legal defenses in earplug lawsuits against the two companies. Aearo, which made the combat arms earplugs, filed for bankruptcy last July, with 3M pledging $1 billion to fund Aearo’s liabilities stemming from the lawsuits that accuse both Aearo and 3M of misrepresenting the earplugs’ effectiveness, leading to hearing damage. Aearo and 3M said the bankruptcy process would facilitate a fair and comprehensive settlement with the plaintiffs. 3M has lost 10 of the 16 cases that have gone to trial so far, with about $265 million being awarded in total to 13 plaintiffs.

Health Plans No Longer Have to Cover All Preventive Care at No Cost. Here’s What to Know

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A federal judge in Texas has struck down a crucial Affordable Care Act policy: the mandate that private health insurers fully cover preventive care services at no cost to patients, the New York Times reported. The ruling took effect immediately last week and applies nationwide. It affects dozens of potentially lifesaving preventive health care services that the federal government recommends, including drugs that prevent H.I.V. transmission and screenings for adolescent depression. Health policy experts describe free preventive care as one of Obamacare’s most transformative policies because it took away a financial barrier to needed care for tens of millions of Americans. It is also one of the law’s more popular provisions, with 62 percent of the public recently saying it is “very important” that it stay in place. The new court ruling has already brought the Affordable Care Act back into the political fray, as Democrats quickly vowed to protect the law. The Biden administration plans to appeal the ruling, setting up the possibility of yet another presidential election cycle with a potential Supreme Court challenge to Obamacare looming. For now, even though the ruling has wide reach, most people aren’t likely to see their health benefits change overnight. (Subscription required to view article.)
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Bankrupt Medical Packaging Startup on Track for Sale to Oaktree

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Bankrupt startup SiO2 Medical Products Inc. on Thursday received court approval for a $120 million loan, which includes $60 million of new capital, on its way to a planned handover of the business to Oaktree Capital Management LP, WSJ Pro Bankruptcy reported. The Auburn, Ala.-based medical device company filed for chapter 11 bankruptcy protection on Wednesday, facing a liquidity crisis after its unsuccessful capital raise efforts in the past few weeks, SiO2’s lawyer Brian Schartz said at a hearing in the U.S. Bankruptcy Court in Wilmington, Del. Bankruptcy Judge John Dorsey approved the $120 million bankruptcy loan sponsored by top lender Oaktree that will provide the business with $60 million of new capital, with the remaining $60 million to be used to pay back a portion of the debt held by Oaktree before the bankruptcy. Founded in 2012, SiO2 rapidly expanded in the medical device sector by manufacturing vials, syringes and tubes, using its patented materials. The company said it was running out of cash partly because of an ill-fated government contract signed during the pandemic to develop a vial for a COVID-19 vaccine. The 2020 contract granted SiO2 $143 million in funding to build necessary manufacturing facilities, while requiring as much as $128 million in expenditures under a cost-sharing agreement.

Cash-Strapped Biotech Firm Codiak Files for Bankruptcy Protection

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Codiak BioSciences Inc. said yesterday that it has filed for chapter 11 protection in the latest blow to the struggling drug developer's ambitions of making a COVID-19 vaccine, Reuters reported. The chapter 11 filing ends months of investor uncertainty after the company, which has been facing a cash crunch, raised going concern doubts and cut its workforce by 37% last year. The company said yesterday that it will cut an additional 34 jobs, bringing its total number of employees to 19, and expects to incur severance-related costs of about $1.1 million. Codiak previously said it would prioritize its COVID-19 vaccine development program that was funded by a global vaccine coalition, while halting development of two cancer drug candidates which were ready for mid-stage study. The company will also wind down a clinical trial of its drug for a type of bone marrow cancer, according to a filing yesterday. The $2.5-million funding by the Coalition for Epidemic Preparedness Innovations in July was aimed at an experimental vaccine that would target COVID-19 as well as other coronaviruses.