You May be Entitled to Significant Compensation Talc mesothelioma verdicts. 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 will pay 400 million dollars to US state AGs. Talc Mesothelioma Verdicts .
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 plan to settle claims that its Baby Powder and other talc product causes cancer. Talc mesothelioma verdicts.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company will pay various types of cancer victims as part of an arrangement for bankruptcy. Talc mesothelioma verdicts. J&J has claimed that its products containing talc are safe and do not cause cancer. It’s trying for an additional time to conclude more than 38,000 lawsuits in bankruptcy and prevent new cases from arising in the future.
LTL’s bankruptcy plan will pay $400 million to an additional trust to settle claims filed by state attorneys general alleging that J&J was in violation of state unfair business practices and consumer protection laws through misleading consumers regarding the quality of its talc products.
A number of states had already initiated consumer protection cases against J&J prior to LTL’s bankruptcy filing prevented these investigations from taking place in 2021. Talc mesothelioma verdicts. New Mexico and Mississippi had already initiated suit against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas according to court papers.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL along with cancer sufferers as well as their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a profitable firm like J&J is not eligible for bankruptcy protections aimed at people with debt problems.
LTL’s first attempt at resolving the lawsuits in bankruptcy was rejected after the same arguments. In the end, a U.S. appellate court ruled the LTL had not been in “financial distress” and thus not eligible of bankruptcy protection. Talc mesothelioma verdicts. LTL filed a second bankruptcy less than two hours after that dismissal, arguing that the second bankruptcy was different because it had less money available and had a greater chance of securing the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss that LTL’s new bankruptcy violates state law enforcement authorities by trying to unilaterally cap LTL’s liability to state consumer protection actions.
Talc Mesothelioma Verdicts
LTL’s recent filings also provided additional details about how the company plans to evaluate and pay cancer claims when the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 for those diagnosed with mesothelioma that is terminal before age 45. Talc mesothelioma verdicts. The second payment would be $260,000 for those who have been diagnosed with ovarian cancer that is terminal prior to age 45.
The proposed settlement will offer discounts based on the severity and type of cancer, the individual’s age, the history of talc use and other factors. Talc mesothelioma verdicts. For example the case of a woman who 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 qualify for a $21,125 payout under the plan.
Judge ordains J&J and talc opponents to take part in settlement talks.
Following another round of hearings 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 firm and the people who opposed the strategy to engage in negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy bid for LTL Management–a subsidiary established by J&J to handle the claims company offered a settlement of $8.9 billion. Talc mesothelioma verdicts. While one group of law firms representing plaintiffs support the settlement, a different group is opposed to the offer.
This week, the opposition group, which is known as”The Official Committee of Talc Claimants and urging the bankruptcy court to dismiss this case by arguing that LTL is not a factor in financial hardship.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to stop claimants from voting on the resolution plan – a plan that the overwhelming majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Talc mesothelioma verdicts. “The law firms involved in these filings have interests in finance that do not align with, diverge from and are in opposition to the interests which their clientele. We will be submitting an appeal in the appeals court.”
Talc mesothelioma verdicts. Clay Thompson, a lawyer for MRHFM that includes more than patients with mesothelioma who have sued J&J for bankruptcy, told the company’s second bankruptcy try failed.
“J&J issues press releases about how wonderful the plan is but simultaneously requesting that details of the plan, such as what individual sick people would actually be treated to,” Thompson said in the statement. “What do J&J have to cover up?”
Kaplan has instructed the sides to come up with another restructuring plan, with the supervision of two mediators.
As of February 2022 Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would relieve the company from the hundreds of thousands of claims regarding its talcum products.
However, in January of this year an appeals court in the United States overturned the ruling, ruling that the firm could not be considered to be in “financial financial distress.”
The J&J’s plan to contest the U.S. Supreme Court was turned down in April, J&J filed for its second bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to approve the second bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.
With Two Chapter 11 attempts, J&J has purchased 19 months of which cases were placed held. Talc mesothelioma verdicts. The company wants claimants to take a vote to accept their settlement. J&J requires 75% acceptance for the settlement to be approved.
In addition to the team of talc lawyers who criticised the company’s bankruptcy play and the U.S. Trustee, a branch of the U.S. Department of Justice was also the one to file a motion to dismiss LTL’s bankruptcy second case.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest, but naive debtors.” Those doors “are not available to anyone that do not have a legitimate purpose or that seek to abuse the bankruptcy process to delay or hinder their creditors,” Vara continued.
In its own words, J&J maintains there is no conclusive evidence that its Talc-based products, such as its popular baby powder cause cancer. J&J has taken its products off of the market–first on North America in 2020–and the rest of the world later this year.
J&J wants to avoid the cost of going to trial. The company has won the majority of cases that have been decided in court, however certain losses have been extremely harsh.
A well-known trial in Missouri produced an $4.7 billion verdict against the drug maker 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 cases involving talc, which are in appeal or settled. Of the 41 trials, 32 have ended in winning for J&J as well as mistrials or plaintiff verdicts that were annulled after appeal. Talc mesothelioma verdicts. The company also in 2020 sought to settle nearly 1,000 cases worth 100 million dollars, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Mesothelioma Verdicts
Our lawyers are handling baby powder cases in all 50 states. The talcum powder lawsuits for Johnson & Johnson have been in the process for several years. Talc mesothelioma verdicts. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient found in products such as the Baby Powder as well as Shower to Shower as well as other products, may cause ovarian cancer among some women.
This page offers the J&J talc power litigation update and explains how the forthcoming bankruptcy ruling will affect the final settlement amount of these Ovarian Cancer lawsuits.
Has the deadline passed for you to make a claim for talcum powder? Many who believe the time limit has expired to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Mesothelioma Verdicts
June 2 2023 Update: In an asbestos talc court trial held in California yesterday, a couple of technical glitches interrupted the opening speech of defense lawyers. Talc mesothelioma verdicts. Jurors at home via Zoom however, heard Johnson & Johnson’s lawyer expressing doubts about the 70s research affirming the presence of asbestos in their product before the session abruptly ended.
The plaintiff could introduce the first of their witnesses, Arthur Langer. Langer explained that the existence of other minerals in the talc’s mineral content is inevitable. He testified that his team was notified by J&J in the year 1971 about the presence of chrysotile asbestos the talc produced by the company, although at lesser than 0.1 percent. He also discovered more asbestos in 1976.
June 1, 2023 Update: Talc mesothelioma verdicts. First trial after J&J took the decision to disband its talc segment and file for bankruptcy is an important moment of the ongoing litigation saga. The trial began on Tuesday in the poignant case of a young 24-year-old plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma last year, a diagnosis lawyers on both sides of the argument agree is a grave tragedy.
The opening statements exposed the sharp differences in the two sides’ story. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging the use of deceptive techniques in its research practices and throughout the litigation procedure. In the words of attorney, Johnson & Johnson tried to alter the definition of asbestos, despite internal documents dating back to 1998 and 1994 that show fibers discovered in the tissues of the plaintiff are part of.
Johnson &J’s tangled $8.9 billion settlement deal hangs in the balance as we progression of this trial. Despite the distinctive nature of this mesothelioma-related case and its distinct issues compared to other lawsuits involving talcum powder A verdict in favor of the plaintiff could result in an unintended setback to Johnson & J’s hopes for broad acceptance of their proposed settlement with plaintiffs.
May 31st 2023 Update: Johnson and Johnson’s bankrupt talc business is defending their second Chapter 11 filing in the face of challenges from talc injury claimants. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation was vastly different from the previous filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion to J&J, the biggest settlement ever to be made in any bankruptcy case that involves mass tort. Talc mesothelioma verdicts. The issue is not discussed: whether the amount of the settlement means it is an equitable settlement. J&J also claimed that it received support from numerous plaintiffs’ law companies representing over the 60,000 plaintiffs. This is not easy to confirm but likely incorrect.
May 24 2023 Update: As of Johnson & Johnson’s 2021 bankruptcy filing, the first trial involving its cosmetic talc items allegedly containing asbestos is set to start jury selection Monday, California within the Alameda County Superior Court, the most favored place for plaintiffs. The plaintiff claims his mesothelioma was caused by asbestos exposure in J&J’s product, an allegation that the company denies. The trial also includes six retailers who are accused of selling talc-containing products.
May 22, 2023 Update: Lawyers in the 2nd J&J Talc bankruptcy are battling over who should be appointed to the post of the claims representative in the future, an important role critical to resolving talc claims. Talc mesothelioma verdicts. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation, was appointed as the claims representative in the initial bankruptcy. J&J’s defense team wants Ellis to be named to the position and again, but attorneys for the talc plaintiffs are protesting on the grounds that Ellis has a conflict of interest which would prohibit her from being appointed to that post again. This conflict is rooted in the reality that Ellis was reportedly involved in the drafting of the highly disputable second bankruptcy, which raises concerns about her capacity to be neutral. In reality, the bankruptcy will be dismissed in the end.
May 17, 2023 Update The fake company J&J formed to handle the bankruptcy of talc has informed an New Jersey bankruptcy court that they have allocated $400 million to pay the allegations made by states who accuse the company of misleading advertising for its talc product. Talc mesothelioma verdicts. That’s an $8.5 billion settlement to cancer victims. It is hard to imagine an eventuality where J&J can get these baby powder settlements through with these numbers. Although J&J’s $8.5 billion offer seems like a lot of money at first, it does not look very appealing when you do the math. This settlement proposal – by our rough calculations – would not be able to pay victims more than a median settlement of $100,000 per case. That’s not enough.
May 15 2023 update: J&J could be facing suit from an advocacy group representing cancer victims. Talc mesothelioma verdicts. The group claims J&J intentionally withdrew a $61.5 billion funding agreement in conjunction with its affiliate, LTL Management LLC, to create the appearance of financial hardship and to validate the company’s Chapter 11 bankruptcy filing. The group claims this decision amounts to a fraudulent transfer of the rights of compensation for victims. They intend to investigate J&J’s actions after the announcement of the dismissal of the first bankruptcy case of LTL.
May 10 2023 Update: Next week in the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to reject the second bankruptcy filing of J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however this bankruptcy court has issued an Order calling for both parties to take part in a settlement mediation with the hopes of achieving an international settlement agreement can be come to fruition.
May 5, 2023 Update: The talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer from asbestos exposure. Talc mesothelioma verdicts. Over 2,700 individuals have sued the firm, and it was paying $1 million per month to defend its legal position. The company’s recent $29million verdict that was handed down in South Carolina forced it to seek bankruptcy protection, arguing for equitable distribution of assets among talc claimants instead of being taken over by the receiver. Other suppliers of talc have declared bankruptcy because of lawsuits.
May 4, 2023, Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who turned down Johnson & Johnson’s $8.9 billion agreement. The court in Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps for their second bankruptcy matter and Judge Kaplan pushed more settlement talks.
This is the solution to settle these claims with J&J. A baby powder settlement could be made. Talc mesothelioma verdicts. However, it will require more money – billions of dollars coming from Johnson & Johnson.
Lawyers are divided over whether to accept the proposal and not every client views the situation the same way their lawyer does. This second case of bankruptcy is bound to go nowhere the judge Kaplan has scheduled a hearing in June to decide if he will remove the bankruptcy after the second.
May 3 2023 Update: A group of cancer victims who are suing Johnson & Johnson (J&J) requested for the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation involving talc products. The group of talc claimants filed a motion on Tuesday requesting the Third Circuit to consider their case and then send it back an earlier court, with instructions to dismiss the bankruptcy. Talc mesothelioma verdicts. They also requested that the lawsuit against the halted torts of J&J should be permitted to continue.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied by the Third Circuit earlier this year with an $8.9 billion agreement. The committee argues that the recent ruling which allowed LTL’s third Chapter 11 to continue, as well as halting the trials against J&J should be subject to an immediate Third Circuit review. The US Trustee also requested that an 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 response to the appeals court declaring the filing an “desperate and legally deficient plan” by a small number of law firms who have competing financial interests.
May 1st 2023 Update: A most frequently asked question is how plaintiffs and their attorneys turn around $8.9 billion. Of course, that is quite a sum. There are a lot of victims. Talc mesothelioma verdicts. And these are really good case for plaintiffs. We were reminded of this recently with two talc trials ended in large verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon resulted in an award of $18.1 million. In the same month, a different mesothelioma-related talc case went to trial within South Carolina and resulted in a verdict of $29million in favor of plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. one of the largest suppliers of talc in the U.S.
April 30 2023 Update: J&J first attempted to drag the litigation over talcum powder into bankruptcy, it came with an offer to set aside $2 billion for settlements. It was a ridiculously small amount. None of the talc plaintiffs supported the proposal. This time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they are willing to accept bankruptcy settlements and they have the backing of a significant portion of the talc plaintiffs as well as their lawyers. Talc mesothelioma verdicts. But 75% of the plaintiffs of talc are necessary for bankruptcy plan approval is not an easy task since there are so many lawyers with large stocks of baby powder lawsuits opposed in favor of the deal.
What could solve the impasse? More billions.
April 25 2023 Update: Talc patients have demanded a judge dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, insisting that the company is not financially distressed. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc mesothelioma verdicts. It was the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not a candidate for bankruptcy relief because it failed to show financial distress.
The plaintiffs argue that the third Chapter 11 case is an abuse of the bankruptcy system and it’s being conducted in bad good faith. J&J says the bankruptcy settlement receives “significant backing” from companies representing approximately 60,000 plaintiffs. It’s safe to say that plaintiffs’ lawyers and victims are divided over their disagreement over the $8.9 billion settlement offer.
April 21st, 2023 Update: A bankruptcy judge has decided in favor of Johnson & Johnson must face new lawsuits alleging that it sold a baby powder that contained a chemical that causes cancer. Although trials for the lawsuits involving talc are delayed for a minimum of 60 days, new lawsuits can be filed, and lawyers can begin preparing their cases. Talc mesothelioma verdicts. Judges expressed doubt about J&J’s ridiculous effort to revive its strategy by filing a second bankruptcy trial.
April 13th 2023 update: the major story is that there’s an $8.9 billion over the next 25 years settlement offer. Lawyers representing cancer patients in the MDL collective action vowed to challenge the settlement those who claim talc. Why? They feel it’s not enough to pay for 70,000 victims who have cancer. Talc mesothelioma verdicts. They argue that J&J should negotiate a bigger settlement or pursue individual claims in the event that the latest bankruptcy is dismissed.
But there is another lawyer group that isn’t part of the top leadership in the class action. They have amassed tens of thousands of cases. This group wants to settle for what is believed to be lower than what the victims should be paid. Their argument seems to be twofold. They argue that the settlement, which is about 100,000 dollars per plaintiff is fair.
This argument isn’t easy to prove. But their second argument has more substance: the victims will be no longer patient and demand their money now.
April 12 2023 Update: Some people are looking for ways J&J can go through bankruptcy again. The answer is complicated and complicated. However, let’s attempt to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only option to settle both present and future talc-related lawsuits definitively. That is, it believes it can pay less when there is a bankruptcy component that applies pressure to negotiate a settlement. Talc mesothelioma verdicts. Going back to more than 400 years in American history, the company asserts that bankruptcy benefits all parties by distributing settlement payments more equitably and efficiently than trial courts, where some litigants receive significant awards while others receive nothing.
The main thrust in the 3rd Circuit decision was this is not a matter of an enterprise that is profitable, forming subsidiaries to meet the legal liability and declare bankruptcy – Congress thought of when drafting its Bankruptcy Code. However, it also stated it was not in financial distress because J&J promised unlimited funding.
So J&J did not hesitate to take advantage of the unlimited funding part of the contract and didn’t promise to provide unlimited funding for litigation. The company claims that its modified financing arrangements with its subsidiary addresses the concerns of the appeals court while offering funds to pay claims. It’s as if giving victims lower amounts of money would resolve the problem at hand.
Attorneys representing cancer patients who oppose the agreement counter this argument by saying that it is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier decision. Hyperbole is not exempt by the victims’ lawyers, who call it the most significant “fraudulent transaction that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. But it’s a way to try and push the $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10 2023, Update Bloomberg provides an insightful piece on a law that has been passed of New Jersey that is shedding new light on litigation funding in the class action lawsuit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) concerning talc products in exchange for a share of any winnings. J&J is now offering to pay $8.9 billion to settle all lawsuits.
The involvement of the funders is made public because of a New Jersey court rule requiring the disclosure of certain information about outside funding backers. The rules aim to tackle the growing demands for the regulation of lawsuit funders. J&J is facing more than 60,000 claims when you combine federal and state Baby Powder lawsuits. Third-party funding in mass tort claims is not without its pros and cons. There is no doubt that we are witnessing how third-party financing can help level the playing field between individuals as well as large corporations in court.
April 4 2023 Update: It’s fun to watch the worm turning in this case. J&J has taken another blow this week, when the Third Circuit denied J&J’s request to maintain the automatic stay while J&J appeals an appeal to the U.S. Supreme Court. The automatic stay has frozen thousands of talcum powder cases and stopped any new lawsuits from arising ever since J&J launched the controversial attempt to spin the talc liability off into a bankrupt subsidiary more than one year ago. Talc mesothelioma verdicts. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was removed. J&J was hoping to have it continue in the meantime of hearing the SCOTUS appeal. But, 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 likelihood that for the Supreme Court is willing even to consider the appeal? Low.
March 16 2023 Update: with the bankruptcy stay officially lifted, the very first new cases have been filed and transferred into the class action for talcum powder MDL in just over a year. Seven new talc lawsuits were added to the MDL in the past month, bringing the total number of pending cases up to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) launch an investigation to determine how much J&J Talc products have cost the government in the many years.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of ignoring the dangers of its talc-based products for decades while tax dollars were used to treat those who were injured through exposure to the product. The lawsuit comes just a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc mesothelioma verdicts. J&J must begin making reasonable settlement offers to victims, in order getting this behind it. This is a blemish on one of the most prestigious firms.
February 14 2023 Update: During the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc mesothelioma verdicts. 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!