You May be Entitled to Significant Compensation Is talc powder dangerous. 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 talc settlement would pay $440 million US state AGs. Is Talc Powder Dangerous .
Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of its broader $8.9 billion plan to settle allegations that it’s Baby Powder and other talc-based ingredients cause cancer. Is talc powder dangerous.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company plans to pay different kinds of cancer sufferers in an arrangement for bankruptcy. Is talc powder dangerous. J&J has claimed that its Talc products are safe, and won’t cause cancer. It’s trying for another time to settle more than 38,000 cases in bankruptcy, and to prevent any new cases from being filed in the near future.
LTL’s bankruptcy plan will pay $400 million to a separate trust for claims brought by state attorneys general claiming that J&J violated laws against unfair business practices in the State of New York and consumer protection laws, by deceiving consumers regarding the security of its talc-based products.
Many states had initiated consumer protection cases against J&J prior to the first bankruptcy filing prevented those investigations from progressing in 2021. Is talc powder dangerous. New Mexico and Mississippi had already filed suit in the past against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands in LTL’s court papers.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy as well as cancer patients and their counterparts from the U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making company such as J&J cannot benefit from bankruptcy protections aimed at the struggling debtors.
The first time LTL attempted to settle the lawsuits in bankruptcy was dismissed following similar arguments, when a U.S. appellate court determined that LTL did not have “financial financial distress” and ineligible to receive bankruptcy relief. Is talc powder dangerous. LTL made a new bankruptcy application less than two hours after the decision to dismiss, arguing that its second attempt was different due to the fact that it had less money available and more backing for a settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s new bankruptcy violates state law enforcement powers in attempting to unilaterally limit the liability of the company for state consumer protection actions.
Is Talc Powder Dangerous
LTL’s recent filings also provided additional details about how the company would evaluate and settle cancer claims if the bankruptcy plan is approved.
The most significant payments under the settlement would be $500,000 to those diagnosed with terminal mesothelioma before the age of 45, and $260,000 for those diagnosed with terminal ovarian cancer prior to age 45.
From there, the proposed settlement provides discounts based on the nature and severity of cancer, an individual’s years of age, their history of usage of talc and other variables. Is talc powder dangerous. For example, a woman who used talc products weekly, had a family history of ovarian cancer and was diagnosed with the stage 2 ovarian cancer when she was 55 could be in line to receive a payout of $21,125 under the program.
Judge gives order to J&J and talc opponents to discuss settlement negotiations.
Following another round of hearings in Johnson & Johnson’s effort to implement a Texas Two-Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the strategy to engage in negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy bid for LTL management, a subsidiary founded by J&J to handle the claims company offered a settlement of $8.9 billion. Is talc powder dangerous. While a firm representing plaintiffs is in favor of the settlement, a different group opposes the move.
In the last week, an opposition group, dubbed the Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition by asserting that LTL is not considered to be to be in financial trouble.
“The filing is an incredibly legal and ineffective attempt by a handful of law firms to stop claimants from deciding on the resolution plan – a plan the vast and growing majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Is talc powder dangerous. “The law firms involved in the filing are pursuing financial interests which are in conflict with, diverge from, and are in opposition to the interests that their customers. We will be submitting a response in the appeals court.”
Is talc powder dangerous. Clay Thompson, a lawyer for MRHFM, which is home to more than mesothelioma clients who have sued J&J, said that J&J’s second bankruptcy attempt failed.
“J&J issue press releases describing how fantastic the plan is but simultaneously demanding that plan details–including what individual sick people would actually receive — be kept private,” Thompson said in an announcement. “What is J&J’s plan to cover up?”
Kaplan has instructed both sides to devise a second strategy for reorganization, under supervision from two mediators.
In February 2022, Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that would free J&J from the thousands of lawsuits regarding its talcum products.
But in January of this year an appeals court in the United States overturned the decision, ruling that the firm could not be considered to be in “financial financial distress.”
The J&J’s plan to challenge the U.S. Supreme Court was turned down in April, J&J declared bankruptcy roughly two hours later. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to approve another bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B cost of litigation involving talc.
With the Two Chapter 11 attempts, J&J has gotten 19 months of which the cases were suspended. Is talc powder dangerous. The company is requesting that claimants decide whether they want to accept the settlement. J&J requires 75% support for the settlement to be approved.
In addition to the team of talc attorneys who have panned the company’s bankruptcy in the U.S. Trustee, the U.S. Trustee is an arm of the U.S. Department of Justice was also the one to file motions to dismiss LTL’s second bankruptcy.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest but unfortunate debtors.” The doors “are not open to any parties that do not have a legitimate goal or who seek to abuse the bankruptcy process to delay or hinder their creditors,” Vara continued.
To its credit, J&J maintains there is no definitive evidence to suggest that its products containing talc, such as its famous baby powder, cause cancer. J&J has taken its products off of the market first in North America in 2020–and the rest of the world this year.
J&J wants to avoid the costly business of going to court. The company has won most of the cases that have been decided during trial, however, some losses have been punishing.
A highly publicized trial in Missouri resulted in a $4.7 billion verdict against the drug company but was later reduced to $2.1 billion after 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 in appeal or decided. In 41 trials 32 have ended in the favor of J&J or a mistrial, or verdict of a plaintiff reversed on appeal. Is talc powder dangerous. In addition, J&J in 2020 negotiated to settle more than 1,000 cases for $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Powder Dangerous
Our lawyers handle baby powder lawsuits across every state. The lawsuits involving talcum powder against Johnson & Johnson have been going on for a long time. Is talc powder dangerous. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products like baby Powder or Shower to Shower as well as other products, may cause ovarian cancer among some women.
This article provides an J&J Talc Power Update and explains how the forthcoming bankruptcy ruling will impact the final settlement amounts of these Ovarian Cancer lawsuits.
Have you reached the deadline by which you to file a talcum powder lawsuit? Many people who think the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a no-cost, quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Powder Dangerous
June 2, 2023 Update: During the trial for asbestos-containing talc in California yesterday, technical issues disrupted the opening statement by the defense lawyers. Is talc powder dangerous. Jurors who were watching from home on Zoom, did hear Johnson & Johnson’s lawyer expressing doubt about the 70s research that claimed asbestos was present in their product, but the proceedings abruptly ended.
Meanwhile, the plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer stated that the presence of other minerals with the talc’s mineral content is inevitable. He said that his team informed J&J in the year 1971 about the presence of chrysotile asbestos in the talc manufactured by the company, though at just 0.1 percent. He also found more asbestos in 1976.
June 1, 2023 Update: Is talc powder dangerous. A trial for the first time since J&J decided to spin off its Talc division, and then declare bankrupt marks an important moment in the ongoing talc lawsuit drama. Trial began yesterday in the tragic trial of a young plaintiff who was diagnosed with a rare and aggressive form of mesothelioma in the past year, an illness that lawyers on both sides acknowledge is a tragedy of a different kind.
Opening statements laid bare sharp differences in the two sides’ narrative. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging the use of deceitful strategies in its research practices as well as throughout the litigation process. In the words of attorney the company tried to manipulate asbestos’ definition, in spite of internal documents dating from 1998 and 1994 that show asbestos fibers found in tissues of the plaintiff are part of.
Johnson &J’s highly uncertain $8.9 billion settlement is hanging in the balance with the course of this trial. Despite the particularity of this mesothelioma lawsuit and its unique challenges compared to other talcum powder lawsuits and a decision in favor of the plaintiff could be a serious setback to J&J’s hopes for broad acceptance of the settlement they have proposed among plaintiffs.
May 31, 2023: Update from Johnson & Johnson’s bankrupt talc unit was able to defend the 2nd Chapter 11 filing in the opposition of the talc injury plaintiffs. In an opposition filed with the New Jersey bankruptcy court, it argued that the filing differed fundamentally from the first filing. It emphasized the unprecedented commitment to $8.9 billion in settlement from J&J which is the largest settlement ever in the history of a mass tort bankruptcy. Is talc powder dangerous. The issue is not discussed: whether this amount indicates that it is a fair settlement. J&J also claimed that it received support from a variety of plaintiffs’ law companies representing over 600,00 claimants. It is difficult to confirm however it is likely to be incorrect.
May 24 2023 Update: As of Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial concerning its cosmetic talc products that are believed to comprised of asbestos is set to start jury selection on Monday, May 24, California in Alameda County Superior Court, a historically good place for plaintiffs. The plaintiff claims his mesothelioma was caused by asbestos exposure in J&J’s product and J&J is denying. The trial also involves six retailers accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are in a dispute over who should be appointed to the role of future claims representative. This is a role that is critically important to resolving the claims involving talc. Is talc powder dangerous. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation was appointed the claims representative in the previous bankruptcy. J&J’s defense team wants Ellis to be appointed in that position in the future, however lawyers representing the talc plaintiffs are objecting due to the fact that Ellis has an unrelated conflict of interest which would prohibit her from holding that position in the future. The conflict stems from the issue that Ellis was believed to have been involved in drafting the controversially contesting second bankruptcy, which raises concerns about her capacity to be neutral. However, the reality is that this bankruptcy could be tossed out anyway.
May 17th, 2023 Update: The pretend company that J&J formed for the talc bankruptcy has informed a New Jersey bankruptcy court that they have designated $400 million as a settlement for claims brought by states accusing the company of misleading advertising for its talc product. Is talc powder dangerous. It’s a $8.5 billion settlement to cancer victims. It’s difficult to envision a scenario where J&J can get these settlements for babies with these numbers. While J&J’s proposed $8.5 billion offer sounds like a large sum initially, it does not look great when you look at the numbers. The settlement plan based on our rough calculations – would not offer victims anything more than a median settlement of $100,000 per instance. This isn’t enough.
May 15th, 2023 update: J&J might be facing lawsuit from an advocacy group representing cancer victims. Is talc powder dangerous. The group argues that J&J intentionally canceled a $61.5 billion fund-raising agreement with its subsidiary, LTL Management LLC, to simulate financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of the right to compensation for victims. They plan to explore J&J’s actions after the announcement of the decision to dismiss the first bankruptcy case of LTL.
May 10 2023 Update: During the next week next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy application that was filed by J&J company LTL Management. In the meantime, it has approved an order requiring both sides to participate in a new settlement negotiation hoping that an international settlement agreement can be been reached.
May 5 2023 Update: Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer due to asbestos exposure. Is talc powder dangerous. Over 2,700 individuals have sued the company and the company was paying $1 million per month on legal defense. The company’s recent $29million settlement at the Supreme Court of South Carolina forced it to pursue bankruptcy protection, and arguing for a fair distribution of assets between talc claimants rather than being taken over in the hands of the receiver. Other suppliers of talc have filed for bankruptcy due to litigation.
May 4, 2023 Update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to restart settlement discussions with lawyers who rejected the proposed $8.9 billion settlement offer. In Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps in another bankruptcy proceeding. Judge Kaplan encouraged further settlement talks.
This is the answer to settle these claims with J&J. A baby powder settlement could be achieved. Is talc powder dangerous. However, it’ll require additional money – perhaps billions of dollars – of Johnson & Johnson.
Lawyers are divided over whether or not to accept the plan and not all clients view the issue the same way their attorney does. A second bankruptcy proceeding is bound to fail, as Judge Kaplan has set a date for a hearing in June to decide whether to remove the bankruptcy after the second.
May 3, 2023 Update A group of cancer victims suing Johnson & Johnson (J&J) requested to have J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation involving talc products. The group representing the claimants has filed a motion this week, asking the Third Circuit to consider their case and send it back before a court of lower jurisdiction with instructions for dismissing the bankruptcy. Is talc powder dangerous. The committee also requested that the stopped tort litigation against J&J should be permitted to continue.
LTL has filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year which offered a $8.9 billion deal. The committee argues that the recent ruling which allowed LTL’s third Chapter 11 to continue, and also stopping trials against J&J and J&J, requires urgent Third Circuit review. The US Trustee also 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 saying that J&J intends to file a response in the appeals court characterizing the filing as an “desperate and legally inadequate effort” by a small number of law firms that have conflicts of financial interests.
May 1 2023 Update: A common question that people ask is how could plaintiffs and their lawyers be able to turn down $8.9 billion. That’s of course quite a sum. But there are plenty of victims. Is talc powder dangerous. And these are really good case for plaintiffs. We were reminded recently with two talc trials resulted in big verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon resulted in the verdict of $18.1 million. A month later, another mesothelioma talc case was brought to the court on the other side of South Carolina and resulted in an award of $29 million for the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc., one of the most prominent manufacturers of talc in U.S.
April 30, 2023 Update: When J&J initially attempted to pull the lawsuit over talcum powder into bankruptcy, it came with the option of putting aside $2 billion to settle the case. The sum was ridiculously low. None of the talc plaintiffs were in favor of the offer. This time around, however, J&J has increased the offer to $8.9 if the talc plaintiffs are willing to accept bankruptcy settlements and they also have the backing of a significant part of the talc-related plaintiffs and their lawyers. Is talc powder dangerous. But with 75% of plaintiffs who are a talc, which is needed for approval of the bankruptcy plan, it a tough road because of the number of lawyers who have massive inventory of baby powder lawsuits opposed against the proposed settlement.
What are the solutions to the impasse? More billions.
April 25 2023, Update Talc plaintiffs have requested a judge to disqualify the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Is talc powder dangerous. The 3rd Circuit dismissed its first Chapter 11 case in January, saying the company wasn’t eligible to receive bankruptcy relief because it had not demonstrated financial difficulties.
The claimants assert that LTL’s 2nd Chapter 11 case is an fraud on the bankruptcy system and that the case is being handled in bad faith. J&J states that the bankruptcy settlement has “significant support” from firms representing around 60,000 plaintiffs. It’s fair to say plaintiffs’ lawyers and victims ‘ lawyers are divided on the $8.9 billion deal.
April 21st, 2023 Update A bankruptcy judge ruled the company Johnson & Johnson must face new lawsuits alleging that it sold tainted baby powder causing cancer. While trials in the lawsuits involving talc are delayed for at least 60 calendar days however, new lawsuits may be filed, and lawyers may begin to prepare their cases. Is talc powder dangerous. Judges expressed skepticism about J&J’s pathetic attempt to relaunch its strategy in the second bankruptcy case.
April 13th, 2023 update: the most important story is that there’s an $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer victims within the MDL collective action pledged to challenge the settlement talc claimants. Why? They argue that it’s not enough money for 70,000 victims who have cancer. Is talc powder dangerous. They argue that J&J should seek a bigger settlement or even litigate individual claims if the latest bankruptcy is dismissed.
But there is another set of lawyers who are not part of the leadership in this class action. The lawyers collectively have accumulated hundreds of thousands of cases. They want to settle the case now with what they believe is far less than what these victims deserve. The argument they make is twofold. They argue that the settlement – which amounts to an average of $100,000 per plaintiff – is fair.
That is a hard argument to make. However, their second argument has more force: victims should now not wait and they want their money now.
April 12 2023 Update: Many are wondering if J&J could file for bankruptcy again. The answer is complex and complex. However, let’s attempt to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only method to deal with both present and future talc litigations in a definitive manner. It thinks it can get a lower rate when there is a bankruptcy element that creates pressure to settle. Is talc powder dangerous. In a quest to cover 400 years of American past, the company argues that bankruptcy benefits everyone by dispersing settlement payments more equitably and effectively than trial courts in which some litigants receive substantial awards while others receive nothing.
The essence in the 3rd Circuit decision was this is not a matter of the profit-making company that has an entity to assume the legal burden and declare bankruptcy – something Congress had in mind when it came to drafting the Bankruptcy Code. But it also said it was not in financial difficulty due to the fact that J&J assured it of unlimited funding.
So J&J did not hesitate to take advantage of the unlimited funding portion of the deal and did not promise to provide unlimited funding for the litigation. The company claims that revised financing arrangements with its subsidiary addresses the concerns of the appeals court while supplying funds for claim payments. As if providing victims with lesser money could solve the problem at hand.
Lawyers representing cancer patients who do not agree with the agreement counter this argument by saying that it is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous decision. Hyperbole is not exempt by the victims’ lawyers, who call it the largest “fraudulent transaction ever in United States history.”
Despite all the legal jargon, J&J does not really believe this bankruptcy will be able to last. However, it’s a means of trying to push this $8.9 billion settlement and keep the pressure on plaintiffs.
April 10 2023, Update Bloomberg provides an insightful article on a new law in New Jersey that is shedding new light on litigation funding in the class action lawsuit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) over talc products in exchange for a percentage of any settlements. J&J is now willing to pay $8.9 billion to settle any lawsuits.
The funders’ involvement is made public due to a New Jersey court rule requiring the release of certain details regarding outside funding backers. The rules aim to respond to the increasing calls for the regulation of lawsuit funders. J&J faces over 60,000 claims when you take into account state and federal baby powder lawsuits. Third-party financing in mass tort cases is not without its pros and cons. However, there is no doubt that we are witnessing how third-party funding could level the playing field for individuals and big companies in the courtroom.
April 4, 2023 Update: It’s interesting to watch the worm turning in this case. J&J was hit again this week, when it was found that the Third Circuit denied J&J’s request to extend the automatic stay in the meantime that J&J appeals an appeal before the U.S. Supreme Court. The automatic stay has halted hundreds of cases involving talcum powder and stopped any the filing of new lawsuits ever since J&J began the controversial plan to spin talc-related liabilities off into a bankrupt entity over a year back. Is talc powder dangerous. When the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was lifted. J&J was hoping to have it stayed in place until hearing the SCOTUS appeal. However, 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. The chance is that the Supreme Court is willing even to consider the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay being officially lifted, the first new cases have been filed and transferred into the class action for talcum powder MDL in just over a year. Seven new talc-related lawsuits were added to the MDL over the last month and brought the total number of cases that are pending to 37,522.
February 25, 2023 Update 2023 Update: A Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) begin an investigation into how much J&J product containing talc has cost the government in the many years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of failing to recognize the dangers of its talc products for many years, while tax dollars were used to treat those who were injured through exposure to the products. The suit comes just a few days after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Is talc powder dangerous. J&J needs to start making reasonable settlements to victims to begin the process of putting all this behind it. It’s a mark on one of the world’s greatest businesses.
February 14 2023 Update: In a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc powder dangerous. 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!