You May be Entitled to Significant Compensation Talc powder lawsuits. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed settlement with talc would pay the sum of $400 million US state AGs. Talc Powder Lawsuits .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of its broader $8.9 billion effort to settle allegations that it’s Baby Powder and other talc-based products cause cancer. Talc powder lawsuits.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay different types of cancer patients in a bankruptcy settlement. Talc powder lawsuits. J&J has stated that its products containing talc are safe and do not cause cancer. The company is trying for a second time to resolve more than 38,000 cases in bankruptcy, as well as prevent new lawsuits from arising in the future.
LTL’s bankruptcy plan will pay $400 million to a separate trust for lawsuits filed in state courts by attorneys general alleging that J&J was in violation of laws against unfair business practices in the State of New York and consumer protection laws by misinforming consumers about the dangers of its talc products.
Some states had started consumer protection actions against J&J prior to the first bankruptcy filing prevented these investigations from moving forward in 2021. Talc powder lawsuits. New Mexico and Mississippi had already initiated lawsuits against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands in LTL’s court filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy along with cancer sufferers and the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a successful firm like J&J does not qualify for bankruptcy protections designed for struggling debtors.
The first time LTL attempted to settle the lawsuits in bankruptcy was dismissed following similar arguments, when a U.S. appellate court decided in favor of LTL was not in “financial difficulty” and was not eligible of bankruptcy protection. Talc powder lawsuits. LTL declared bankruptcy a second time within two hours of the dismissal, arguing the second bankruptcy was different due to the fact that it had less money and had a greater chance of securing the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of state law enforcement authorities by attempting unilaterally to cap the liability of the company in state consumer protection actions.
Talc Powder Lawsuits
LTL’s filings for the new year also contained more information on how the company plans to evaluate and pay claims for cancer in the event that the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 to those diagnosed with cancer of the mesothelioma ovary before age 45, and $260,000 for those who have been diagnosed with ovarian cancer that is terminal prior to age 45.
From there, the proposed settlement applies discounts depending on the nature and severity of cancer, the individual’s age, the history of the use of talc, and other aspects. Talc powder lawsuits. For instance someone who regularly used talc products on a weekly basis, who had an ovarian cancer family history, cancer, and was diagnosed with the stage 2 ovarian cancer when she was 55 may be eligible for a $21,125 payment under the plan.
Judge decides J&J and talc opponents to engage in settlement talks.
Following another hearing in Johnson & Johnson’s effort to utilize a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the plan to hold settlement talks, Bloomberg reports.
With its second bankruptcy bid for LTL Management–a subsidiary established by J&J to manage the claims company offered a settlement of $8.9 billion. Talc powder lawsuits. While a group of law firms representing plaintiffs is in favor of the settlement, a different group is opposed to the offer.
In the last week, an opposition group, called the Official Committee of Talc Claimants in the bankruptcy court, demanded to disqualify the petition saying that LTL cannot be regarded as financially distressed.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to try to stop claimants from voting on the resolution, which that the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Talc powder lawsuits. “The law firms that are behind this filing have financial interests that conflict with, diverge from and infringe on the rights that their customers. We’ll be submitting an answer an appeal to the appellate court.”
Talc powder lawsuits. Clay Thompson, a lawyer for MRHFM, which is home to more than mesothelioma victims who have sued J&J claimed that the second bankruptcy attempt of J&J will fail.
“J&J publishes press release that boast about how amazing its plan is, while requesting that details of the plan, such as what individuals with illnesses would receive–be kept secret,” Thompson said in an email. “What does the company have to hide?”
Kaplan has directed the parties to develop a new strategy for reorganization, under supervision from two mediators.
As of February 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would free J&J from the hundreds of thousands of claims related to its talcum-based products.
However, in January of this year, a federal appeals court ruled against the decision, ruling that the business could not be considered to be in “financial distress.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was dismissed at the end of April J&J was granted a second petition for bankruptcy just two hours later. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether or not to approve the second bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B talc litigation charge.
With the 2 Chapter 11 attempts, J&J has purchased 19 months of which the cases were suspended. Talc powder lawsuits. The company would like claimants to decide whether they want to accept the settlement. J&J would need 75% support for the deal to pass.
In addition to the group of talc attorneys who have panned LTL’s bankruptcy plan, the U.S. Trustee is an arm of the U.S. Department of Justice, also filed an application to dismiss LTL’s bankruptcy second case.
In a letter filed this week, U.S. trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest, but naive debtors.” The doors “are not open to parties that don’t have a legitimate bankruptcy purpose or that seek to take advantage of the bankruptcy process to hinder or delay their creditors,” Vara continued.
On the other hand, J&J maintains there is no definitive evidence to suggest that its Talc products, which includes its iconic baby powder, can cause cancer. J&J has taken the products from the market and will first launch them for North America in 2020–and the rest of the world this year.
J&J wants to avoid the cost of going to court. J&J has won most of the cases that have been resolved in court, however some losses have been very punishing.
A highly publicized trial in Missouri produced a $4.7 billion verdict against the drug maker and was later lowered to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine talc trials that are either appealing or decided. Out of 41 trials 32 ended with the favor of J&J either through a mistrial or verdict of a plaintiff dismissed in appeal. Talc powder lawsuits. Additionally, the company in 2020 sought to settle around 1,000 cases worth the sum of $100 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Powder Lawsuits
Our lawyers are handling baby powder lawsuits in every state. The talcum powder lawsuits in the case of Johnson & Johnson have been in the process for several years. Talc powder lawsuits. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient found in products such as Shower to Shower Powder or Shower to Shower as well as other products, may cause cancer of the ovary in certain women.
This page provides an J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling affects the final settlement amounts in the ovarian cancer lawsuits.
Have you reached the deadline by which you to start a lawsuit against talcum powder? Many who believe the statute of limitations has passed to sue Johnson & Johnson are wrong. Call us at 800-553-882 or get a no-cost, quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Powder Lawsuits
June 2 2023 Update: At the asbestos talc case which took place in California yesterday, a couple of technical issues disrupted the opening statement by the defense attorneys. Talc powder lawsuits. Jurors who were watching from their homes via Zoom and hearing the Johnson & Johnson’s lawyer expressing doubts about the 70s research asserting the presence of asbestos in their product before the opening was abruptly ended.
In the meantime, the plaintiff could present an initial witness Arthur Langer. Langer said that the presence of other minerals alongside talc is expected. He claimed that his group advised J&J in the year 1971 about the presence of asbestos chrysotile in the talc manufactured by the company, though at just 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update Talc powder lawsuits. The first trial since J&J made the decision to split its Talc section and declaring bankruptcy marks an important moment within the ongoing lawsuit controversy. Trial started on Monday in the heartbreaking case of a young 24-year-old plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma in the past year, which lawyers on both sides of the argument agree is a tragic loss.
Opening statements laid bare stark differences in each side’s story. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging the use of misleading methods in their research practices as well as throughout the litigation procedure. In the words of attorney Johnson & Johnson tried to alter asbestos’ definition, despite internal documents from the year 1978 and 1994 indicating that fibers discovered in the tissue of the plaintiff are included.
Johnson & Johnson’s precarious $8.9 billion settlement proposal hangs in the balance with the development of the trial. Despite the distinct nature of the mesothelioma trial and its unique challenges compared to other lawsuits involving talcum powder, a verdict favoring the plaintiff could be an enormous setback for J&J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31st 2023: Update from Johnson and Johnson’s bankrupt talc business vigorously defended the second Chapter 11 filing in the face of challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, the company argued that the case was fundamentally different from the prior filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion from J&J the largest ever settlement in the history of a mass tort bankruptcy. Talc powder lawsuits. There was no mention of how the size of the settlement implies that it is a fair settlement. J&J also claimed that it received support from a variety of plaintiffs’ law firms representing over sixty thousand claimants. This is difficult to verify however it is likely to be incorrect.
May 24 2023 Update: As of Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial involving its cosmetic talc items allegedly comprised of asbestos is set to start jury selection Monday in California within the Alameda County Superior Court, a historically good jurisdiction for plaintiffs. The plaintiff claims that his mesothelioma was triggered by asbestos exposure resulting from J&J’s products, an allegation J&J is denying. The trial also includes six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update: Lawyers in the 2nd J&J Talc bankruptcy are currently disputing who should be appointed to the role of a the claims representative in the future, an important role essential to the resolution of the claims involving talc. Talc powder lawsuits. Randi Ellis, a lawyer who regularly appears in MDLs throughout the country was appointed the claims representative in the first bankruptcy. J&J’s defense team would like Ellis to be appointed in that position in the future, however lawyers representing the plaintiffs in talc are arguing to the claim that Ellis has an interest conflict which should stop her from holding that position for the second time. The conflict stems from the fact that Ellis was reportedly involved in the creation of the hotly contesting second bankruptcy, which raises questions regarding her capacity to remain neutral. In reality, this bankruptcy is likely to be tossed out anyway.
May 17, 2023 Update: The pretend company that J&J made up to handle the bankruptcy of talc informed the New Jersey bankruptcy court that they have allocated $400 million to pay the claims made by states accusing the company of deceitful advertising for its talc-based products. Talc powder lawsuits. This amounts to an $8.5 billion settlement for cancer patients. It’s difficult to imagine the scenario in which J&J will be able to push the settlements of baby powder through in these figures. While J&J’s $8.5 billion offer might seem like a lot of money at first, it does not appear appealing when you do the math. The settlement plan based on our rough calculations – would not offer victims anything more than an average settlement $100,000 per instance. It’s not enough.
May 15 2023 update: J&J could be facing suit from an advocacy group that represents cancer victims. Talc powder lawsuits. The group argues that J&J intentionally withdrew a $61.5 billion funding agreement that it had with its company subsidiary LTL Management LLC, to create the appearance of financial hardship and to validate the company’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of rights of compensation for victims. They plan to explore J&J’s actions in the wake of the decision to dismiss LTL’s first bankruptcy case.
May 10, 2023 Update: Next week this week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy petition filed that was filed by J&J subsidiary LTL Management. In the meantime, however, the bankruptcy has issued an order which requires both sides to take part in a new settlement mediation to see if it will be possible to reach a global settlement agreement come to fruition.
May 5 2023 Update: The talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer due to asbestos exposure. Talc powder lawsuits. Over 2,700 individuals have sued the firm and the company was spending $1 million a month on legal defense. The company’s recent $29 million settlement on the state of South Carolina forced it to pursue bankruptcy protection, and arguing for equitable distribution of assets among talc claimants instead of being taken over through the receiver. Other talc suppliers have also filed for bankruptcy due to lawsuits.
May 4, 2023 Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume talks on settlement with lawyers who turned down the proposed $8.9 billion agreement. In Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps in this second case of bankruptcy. Judge Kaplan has pushed for further settlement talks.
This is the answer to settle these claims with J&J. The baby powder settlement is likely to get done. Talc powder lawsuits. But it’ll need more money – more billions of dollars – by Johnson & Johnson.
Lawyers are divided on whether to accept the proposal and not all clients see this issue the same way their attorney does. Second bankruptcy cases are likely to go nowhere with Judge Kaplan has set a date for a hearing in June to determine whether to remove the bankruptcy after the second.
May 3 2023 Update: A group representing cancer patients suing Johnson & Johnson (J&J) requested that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation regarding talc-related products. The committee representing talc claimants filed a motion on Tuesday, asking to the Third Circuit to consider their case and then send it back the lower court with instructions for dismissing the bankruptcy. Talc powder lawsuits. They also asked that the halted tort litigation against J&J allow the litigation to continue.
LTL requested Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected by the Third Circuit earlier this year with an $8.9 billion deal. The committee believes that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, in addition to halting trials against J&J should be subject to an immediate Third Circuit review. The US Trustee also requested that it be requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J intends to file a formal response in the appeals court calling the request an “desperate and legally deficient attempt” by a few of law firms that have competing financial interests.
May 1st 2023 Update: One frequently asked question is how could plaintiffs and their lawyers turn off $8.9 billion. That’s of course quite a sum. But there are a lot of victims. Talc powder lawsuits. These are actually a good cases for plaintiffs. We have been reminded of this recently by two talc-related trials that have resulted in huge verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon resulted in the verdict of $18.1 million. A month later, another mesothelioma-related talc case went to trials at South Carolina and resulted in the verdict of $29 million to the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc., one of the most prominent suppliers of talc within the U.S.
April 30th 2023 Update: In the year 2023, when J&J first tried to bring the litigation over talcum powder into bankruptcy, it did so with an offer to reserve $2 billion to settle the case. This was an absurdly low amount. All of the talc plaintiffs supported it. However, this time, J&J has increased the offer to $8.9 in the event that the talc victims agree to a bankruptcy settlement and they also have the support of a substantial section of the talc victims and their attorneys. Talc powder lawsuits. But 75% of the plaintiffs who are a talc, which is required to approve bankruptcy plans, it a tough road with so many lawyers with massive stocks of baby powder-related lawsuits, opposed to the settlement.
What is the solution to this impasse? More billions.
April 25 2023 Update Talc cancer claimants have demanded a judge disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, which claims that the business is not financially distressed. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc powder lawsuits. It was the 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not eligible to receive bankruptcy relief because it did not show financial trouble.
The claimants contend that LTL’s Second Chapter 11 case is an misuse of the bankruptcy system and that it’s being conducted in bad faith. J&J claims the bankruptcy settlement is backed by “significant backing” from firms representing around 60,000 plaintiffs. It’s fair to say plaintiffs’ lawyers and victims are divided over what they believe is an $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge has ruled that Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. Although trials for the lawsuits involving talc are delayed for at least 60 calendar days, new lawsuits can be filed and lawyers may begin to prepare their cases. Talc powder lawsuits. The judge expressed skepticism over J&J’s attempt to revive its plan with another bankruptcy case.
April 13 2023 Update: The most important news is the $8.9 billion over the course of 25 years of settlement. Lawyers representing cancer patients who are part of the MDL Class Action have promised to fight the settlement along with those who claim talc. Why? They think it is not enough money for those suffering from cancer who are 70,000. Talc powder lawsuits. These lawyers believe that J&J could negotiate a greater settlement or even litigate individuals’ claims if the current bankruptcy is thrown out.
However, there is a second set of lawyers who are not part of the leadership in that class action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. This group wants to settle the case now in what many believe to be lower than what the victims should be paid. Their argument appears to be twofold. First, they argue the settlement – which amounts to 100,000 dollars per plaintiff – is fair.
That is a hard argument to prove. But their second argument has more force: victims should now not wait and they want their money today.
April 12 2023 Update: People are wondering if J&J is able to file for bankruptcy again. The answer is complicated and convoluted. Let’s try to simplify it simply.
Johnson & Johnson asserts that bankruptcy is the only method to settle both present and future talc-related lawsuits definitively. It believes that it will be less expensive in the event of the bankruptcy element which applies pressure to negotiate a settlement. Talc powder lawsuits. Driving past the 400-year span of American history, the firm argues that bankruptcy benefits all parties as it distributes settlement payments more evenly and effectively than trial courts where litigants are awarded significant settlements while others get nothing.
The gist of the 3rd Circuit decision was this is not a case – one that makes a profit, but an affiliate to accept the legal burden and declare bankruptcy, which is what Congress contemplated when drafting the Bankruptcy Code. But it also said that the entity was in financial crisis due to the fact that J&J assured it of unlimited funding.
Thus, J&J took advantage of the funding unlimited part of the holding and didn’t promise to fund unlimited the litigation. The company claims that modified financing arrangements with its subsidiary address appeals court’s concerns while still offering funds to pay claims. As if providing victims with lower amounts of money would resolve the overall issue.
Lawyers representing cancer victims who are against the agreement argue this by arguing that the plaintiff is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s decision. Hyperbole was not spared: victims’ lawyers call it the most significant “fraudulent move of assets in United States history.”
Despite the legal jargon, J&J does not really believe this bankruptcy will be able to last. It is however a method to push for this $8.9 billion settlement and keep pressure on plaintiffs.
April 10, 2023 Update Bloomberg offers an informative article about a new law of New Jersey that is shedding new light on the funding of litigation in the baby powder class action lawsuit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any settlements. J&J has now offered that it will pay $8.9 billion in settlements for all lawsuits.
The funders’ involvement is public knowledge due to an New Jersey court rule requiring the release of certain details about funders outside the state. The rule aims to address the growing calls for the regulation of litigation funders. J&J is facing more than 60,000 claims when you take into account federal and state infant powder litigation. Third-party funding for mass tort lawsuits has both pros and pros and. However, there is no doubt that we are witnessing how third-party financing can help level the playing field for individuals and big companies in the courtroom.
April 4, 2023 Update: It’s fun to watch the worm turn in this lawsuit. J&J suffered another setback this week when it was found that the Third Circuit denied J&J’s request to extend the automatic stay during the time that J&J appeals an appeal at the U.S. Supreme Court. The automatic stay has stopped hundreds of cases involving talcum powder and prevented new lawsuits from arising ever since J&J launched the controversial attempt to spin the talc debts off into a bankrupt company over one year back. Talc powder lawsuits. When the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was revoked. J&J was hoping to have it continue in the meantime of an appeal to the SCOTUS appeal. The answer was no.
April 1st, 2023 Update Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. There is a chance that the Supreme Court is willing even to accept the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay being fully lifted, the first new cases have been filed and transferred into the class action involving talcum powder MDL in over one year. Seven new talc lawsuits were brought into the MDL over the last month, bringing the total number of cases pending to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now calling for The U.S. Government Accountability Office (GAO) launch an investigation into the amount J&J products containing talc have cost the government in the decades.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of failing to recognize the dangers of its talc products for years while tax dollars were spent treating those injured by exposure to the product. This lawsuit comes a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc powder lawsuits. J&J needs to start making reasonable settlement offers for victims in order getting this behind. It’s a mark on one of the world’s greatest firms.
February 14 , 2023 Update: At the hearing held today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc powder lawsuits. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!