You May be Entitled to Significant Compensation Talc-cancer 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 make payments of $440 million US state AGs. Talc-Cancer Lawsuits .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of a larger $8.9 billion deal to settle allegations that it’s Baby Powder and other talc-based items cause cancer. Talc-cancer lawsuits.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company plans to pay different kinds of cancer patients in bankruptcy settlement. Talc-cancer lawsuits. J&J has stated that its Talc products are safe, and will not cause cancer. It’s trying for another time to settle more than 38,000 lawsuits brought in bankruptcy, as well as prevent new lawsuits from being filed in the near future.
LTL’s bankruptcy plan will pay $400 million into an additional trust to settle 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 deceiving consumers about the dangers of its talc products.
Several states had begun consumer protection measures against J&J before LTL’s first bankruptcy filing prevented these investigations from taking place in 2021. Talc-cancer lawsuits. New Mexico and Mississippi had already filed actions for damages against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands, according to LTL’s court papers.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy as well as cancer patients and those affected by cancer and the U.S. Justice Department’s watchdog on bankruptcy, who have claimed that a lucrative company such as J&J cannot benefit from bankruptcy protections designed for struggling debtors.
LTL’s first attempt at resolving the bankruptcy cases was dismissed following similar arguments. The U.S. appeals court ruled the LTL wasn’t in “financial financial distress” and was not eligible under bankruptcy law. Talc-cancer lawsuits. LTL declared bankruptcy a second time less than two hours after the dismissal, saying that its second attempt was different in that there was less money available and more support for an agreement.
New Mexico and Mississippi said in their motion to dismiss LTL’s new bankruptcy violates state law enforcement authorities by trying to unilaterally cap the company’s liability for state consumer protection laws.
Talc-Cancer Lawsuits
LTL’s new filings also included more details on how the company would assess and pay for cancer claims when the bankruptcy plan is approved.
The largest amount of money under the settlement will be $500,000 for patients diagnosed with mesothelioma that is terminal before age 45. Talc-cancer lawsuits. The second payment would be $260,000 for those diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement provides discounts based on the type and severity of cancer, an individual’s age, the history of usage of talc and other variables. Talc-cancer lawsuits. For instance someone who regularly used talc products weekly, had the family history of ovarian cancer and was diagnosed stage II ovarian cancer at age 55 might qualify to receive a payout of $21,125 according to the plan.
Judge gives order to J&J, talc opponents to engage in settlement talks.
After another round of hearings in Johnson & Johnson’s attempt to use a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the firm and the people who opposed the plan to hold negotiations to settle the matter, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary set up by J&J to manage the claims company offered a settlement amounting to $8.9 billion. Talc-cancer lawsuits. While one firm representing plaintiffs is in favor of the settlement, a different group opposes the deal.
Earlier this week, the opposition group, known as”The Official Committee of Talc Claimants requested the bankruptcy court for dismissal of the matter argument that LTL cannot be regarded as financially distressed.
“The filing is a desperate and legally ineffective attempt by a small number of law firms to try 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 an announcement. Talc-cancer lawsuits. “The law firms behind the filing are pursuing financial interests which are in conflict with, contradict and oppose the interests of their clients. We’ll submit a response an appeal to the appellate court.”
Talc-cancer lawsuits. Clay Thompson, a lawyer for MRHFM which boasts more than patients with mesothelioma who have sued J&J, said that the second bankruptcy attempt of J&J will fail.
“J&J issue press releases describing how fantastic its plan is while simultaneously requesting that details of the plan, such as what the individual sick individuals would receive — be kept private,” Thompson said in an email. “What do J&J have to cover up?”
Kaplan has instructed both sides to create a restructuring plan, with supervision and supervision of mediators.
As of February 2022 Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that would relieve J&J from the thousands of lawsuits concerning its talcum products.
However, in January of this year, a federal appeals court ruled against the decision, deciding that the company could not be considered in “financial financial distress.”
In the event that J&J’s request to make an appeal before the U.S. Supreme Court was rejected the same month, J&J filed for its second bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 days in order to determine whether or not to accept the second bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B settlement charge for talc.
Through Two Chapter 11 attempts, J&J has bought 19 months during which cases have been suspended. Talc-cancer lawsuits. The company would like claimants to vote on accepting their settlement. J&J would need 75% of the vote for the settlement to be approved.
In addition to the group of talc attorneys who have panned the company’s bankruptcy, the U.S. Trustee which is a division belonging to the U.S. Department of Justice was also the one to file motions to dismiss LTL’s second bankruptcy case.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the bankruptcy are “open to honest, but naive debtors.” Those doors “are not accessible to those that lack a legitimate bankruptcy objective or seek to take advantage of the bankruptcy process to delay or hinder their creditors,” Vara continued.
To its credit, J&J maintains there is no proof conclusive that their products containing talc, such as its famous baby powder, can cause cancer. J&J has been taking the products of the market, first in North America in 2020–and the rest of the world later this year.
J&J is determined to stay clear of the cost of going to trial. It has won most of the cases decided at trial, but some losses have been very severe.
A highly publicized trial in Missouri ended in a $4.7 billion verdict against the drug company 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 cases involving talc, which are on appeal or have been resolved. In 41 trials 32 ended with an outcome for J&J or a mistrial, or plaintiff verdict that was annulled in appeal. Talc-cancer lawsuits. The company also in 2020 negotiated to settle more than 1000 cases at a cost of the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc-Cancer Lawsuits
Our lawyers are handling the baby powder litigation in all 50 states. The talcum powder lawsuits for Johnson & Johnson have been ongoing for many years. Talc-cancer lawsuits. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in many products, including baby Powder and Shower to Shower and Shower to Shower, could cause ovarian cancer in some women.
This article provides an J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling affects 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 deadline has passed to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a no-cost, quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc-Cancer Lawsuits
June 2 2023 Update: In the trial for asbestos-containing talc at the trial in California yesterday, technical issues disrupted the opening statements of the defense lawyers. Talc-cancer lawsuits. The jurors, attending from home via Zoom however, heard Johnson and Johnson’s lawyer express doubts about the 70s research that claimed asbestos was present in their product, but the trial was abruptly closed.
In the meantime, the plaintiff was able to present an initial witness Arthur Langer. Langer explained that the occurrence of other minerals with the talc mineral is a given. He testified that his team had notified J&J in the year 1971 about the presence of chrysotile asbestos in the talc of the company, but with less than 0.1 percent. He also uncovered more asbestos in 1976.
June 1, 2023 Update: Talc-cancer lawsuits. The first trial since J&J made the decision to split its talc section and declaring bankruptcy marks an important turning point in the ongoing talc lawsuit saga. Trial began yesterday in the heartbreaking trial of a young plaintiff, diagnosed with a rare and aggressive form of mesothelioma earlier this year. a diagnosis lawyers on both sides agree is a grave tragedy.
Opening statements revealed sharp differences in the two sides’ story. The attorney representing the plaintiff aimed his ire towards Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation procedure. In the words of attorney Johnson & Johnson attempted to alter asbestos’ definition, in spite of internal documents dating from the year 1978 and 1994 indicating that asbestos fibers found in tissue of the plaintiffs are included.
Johnson & Johnson’s precarious $8.9 billion settlement proposal hangs in the balance with the progression of this trial. Despite the unique nature of the mesothelioma trial and the unique issues it faces compared to other talcum powder lawsuits ruling in favor of the plaintiff could result in an enormous setback for J&J’s hope of gaining broad acceptance for their proposed settlement among plaintiffs.
May 31st, 2023 Update: Johnson and Johnson’s bankrupt talc business vigorously defended its Second Chapter 11 filing in the opposition of talc injury claimants. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the situation was distinct from the prior filing. It emphasized the unprecedented commitment to $8.9 billion by J&J as the biggest settlement ever to be made in the history of a mass tort bankruptcy. Talc-cancer lawsuits. Not mentioned: how the size of the settlement means it is a fair settlement. J&J also claimed support from various plaintiffs’ law firms that represent over 600,00 claimants. This is hard to verify but it’s likely to be false.
May 24 2023 Update: Following Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial involving its cosmetic talc products allegedly with asbestos content is scheduled to commence jury selection on Monday, May 24, California within the Alameda County Superior Court, the most favored location for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure through J&J’s products which that the company denies. The trial also includes six retailers accused of selling talc products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now in a dispute over who should be chosen to fill the position of future claims representative. This is a role that is critically important to resolving the talc claims. Talc-cancer lawsuits. Randi Ellis, a lawyer who regularly appears in MDLs across the country, was appointed as the claims representative in the initial bankruptcy. J&J’s defense group wants Ellis to be appointed in that position and again, but attorneys for the talc plaintiffs have raised objections to the claim that Ellis has an interest conflict that should prevent her from assuming that position for the second time. The issue stems from the possibility that Ellis was apparently involved in the creation of the hotly disputable second bankruptcy, raising doubts about her ability to be neutral. However, the reality is that the bankruptcy will be dismissed in the end.
May 17, 2023 Update: The pretend company J&J formed for the talc bankruptcy has informed an New Jersey bankruptcy court that they have set aside $400 million as a settlement for allegations made by states who accuse the company of deceitful advertising for its talc product. Talc-cancer lawsuits. That’s an $8.5 billion settlement for cancer victims. It’s difficult to envision a scenario where J&J can push the baby powder settlements at these numbers. While J&J’s proposed $8.5 billion offer seems like a lot initially, it will not look great when you consider the math. This settlement proposal – by our rough calculations would not provide victims with much more than an average settlement $100,000 per case. That’s not enough.
May 15 2023 Update: J&J could be facing lawsuit brought by an advocacy group that represents cancer patients. Talc-cancer lawsuits. The group argues that J&J intentionally withdrew a $61.5 billion financing agreement with its subsidiary, LTL Management LLC, to simulate financial stress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move is equivalent to a fraudulent transfer of the 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 suit.
May 10, 2023 Update: Next week next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy application of J&J company LTL Management. In the meantime, however it has approved an Order which requires both sides to take part in a settlement mediation to see if an international settlement agreement can be brokered.
May 5 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. Talc-cancer lawsuits. More than 2700 people have filed lawsuits against the firm and it has been spending $1 million a month for legal defense. The company’s recent $29million verdict at the Supreme Court of South Carolina forced it to apply for bankruptcy protection and argue for equitable distribution of assets between talc claimants rather than being confiscated in the hands of the receiver. Other suppliers of talc have declared bankruptcy because of legal proceedings.
May 4, 2023 update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to reopen settlement discussions with lawyers who rebuffed the proposed $8.9 billion agreement. In Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps for another bankruptcy proceeding and Judge Kaplan was pushing for more settlement discussions.
This is the solution to resolve these claims for J&J. A baby powder settlement can get done. Talc-cancer lawsuits. However, it will require more money – more billions of dollars – from Johnson & Johnson.
Lawyers have a split opinion on whether or not to accept the plan and not every client views the situation the same way their lawyer does. A second bankruptcy proceeding is bound to go nowhere with 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 representing cancer victims who are suing Johnson & Johnson (J&J) asked to have the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation regarding talc-related products. The group representing the claimants has filed a motion this week, asking to the Third Circuit to consider their case and to send it back before a court of lower jurisdiction with instructions to dismiss the bankruptcy. Talc-cancer lawsuits. They also asked that halted tort litigation against J&J allow the litigation to proceed.
LTL has filed for Chapter 11 protection once again after its first bankruptcy filing was rejected in the Third Circuit earlier this year with an $8.9 billion agreement. The committee believes that the recent ruling allowing LTL’s 2nd Chapter 11 to continue, as well as halting the trials against J&J is a reason for the immediate Third Circuit review. The US Trustee has also requested 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 saying that J&J plans to file a statement in the appeals court calling the request a “desperate and legally flawed plan” by a small number of law firms who have competing financial interests.
May 1 2023 Update: One common question that people ask is how plaintiffs and their lawyers be able to turn down $8.9 billion. Of course, it’s an enormous amount of money. There are a lot of victims. Talc-cancer lawsuits. These are an excellent claims for plaintiffs. We were reminded of this recently by two talc-related trials that led to huge verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon ended in an award that was $18.1 million. In the same month, a different talc mesothelioma case went to trial at South Carolina and resulted in a verdict of $29 million to the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. one of the largest suppliers of talc within the U.S.
April 30th 2023 Update: In the year 2023, when J&J initially tried to take the talcum powder lawsuit into bankruptcy, they came with an offer to reserve $2 billion to settle the case. The sum was ridiculously low. All of the talc plaintiffs supported it. This time, J&J has increased the offer to $8.9 in the event that the talc victims accept a bankruptcy settlement and also has the backing of a significant section of the talc victims as well as their lawyers. Talc-cancer lawsuits. But 75% of the plaintiffs in the talc category, which is required for bankruptcy plan approval, it a tough road because of the number of lawyers who have huge inventories of baby powder lawsuits that are opposed to the settlement.
What is the solution to this impasse? More billions.
April 25, 2023, Update Talc Cancer victims have sought a court order to reject the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, insisting that the company is not financially troubled. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc-cancer lawsuits. It was the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not a candidate for bankruptcy relief since it was unable to demonstrate financial difficulties.
The plaintiffs argue that LTL’s second Chapter 11 case is an overreach of the bankruptcy system and it’s being conducted in bad faith. J&J says the bankruptcy settlement has “significant support” from the firms that represent approximately 60,000 claimants. It’s fair to say that plaintiffs’ lawyers and victims ‘ lawyers are not united over this $8.9 billion deal.
April 21st, 2023 Update A bankruptcy judge decided that Johnson & Johnson must face new lawsuits alleging that the firm offered a baby powder with a contaminant that caused cancer. Although trials for Talc lawsuits are suspended for at least 60 days however, new lawsuits may be filed, and lawyers can begin preparing their cases. Talc-cancer lawsuits. Judges expressed doubt about J&J’s attempt to revive its strategy by filing a second bankruptcy case.
April 13th, 2023 Update: most important announcement is an $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer victims within MDL class action MDL group action pledged to fight the settlement with the talc claimants. Why? They argue that it’s too little money for the 70,000 victims who have cancer. Talc-cancer lawsuits. These lawyers believe that J&J should negotiate a larger settlement or litigate individual claims if the most recent bankruptcy is dismissed.
There is a different group of lawyers that is not part of the leadership group in that class action. The lawyers collectively have accumulated the equivalent of tens of thousands of lawsuits. They want to settle today for what is believed to be lower than what the victims should be paid. Their argument is two-fold. They argue that the settlement of around 100 million dollars on average per plaintiff – is fair.
This is an argument that is difficult to prove. The second argument is more force: victims should be no longer patient and demand their money now.
April 12 2023 Update: People are asking how J&J is able to file for bankruptcy again. The answer is complex and complicated. However, let’s attempt to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only method to address both present and future talc litigations in a definitive manner. Also, it believes that it will be less expensive if there is an element of bankruptcy that puts pressure to settle. Talc-cancer lawsuits. Going back to 400 years of American history, the company claims that bankruptcy benefits all parties as it distributes settlement payments more equitably and effectively than trial courts, which are where litigants get significant settlements while others get nothing.
The essence of this 3rd Circuit decision was this isn’t a case that involves one that makes a profit, but an entity to assume the legal responsibility and declare bankruptcy Congress had in mind when it came to drafting the Bankruptcy Code. However, the court also ruled it was not in financial trouble due to the fact that J&J promises unlimited funding.
Thus, J&J decided to go with the unlimited funding part of the deal and didn’t make any promises that it would provide unlimited funds for the litigation. The company claims that modified financing arrangements with its subsidiary addresses the concerns of the appellate court, while offering funds to pay claims. As if providing victims with lesser money could solve the overarching problem.
Attorneys representing cancer patients who are against the agreement argue this argument by saying that it is the legal argument. Talc-cancer lawsuits. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier decision. Hyperbole is not exempt attorneys representing the victims claim it the biggest “fraudulent transfer that has occurred in United States history.”
In spite of the legal jargon, J&J does not really think this bankruptcy will survive. It is however a method to push for this $8.9 billion settlement and keep the pressure on plaintiffs.
April 10, 2023 Update Bloomberg offers an informative report on a brand new law that has been passed in New Jersey that is shedding new light on litigation funding in the baby powder class action lawsuit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) regarding talc products, in exchange for a percentage of any winnings. J&J has now offered an offer of $8.9 billion to settle any lawsuits.
The involvement of the funders is public knowledge because of a New Jersey court rule requiring the disclosure of certain information about outside funding backers. This rule is intended to respond to the increasing calls for the regulation of litigation funders. J&J faces over 60,000 claims when you combine federal and state infant powder litigation. Third-party financing in mass tort cases 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 large corporations in court.
April 4, 2023 Update: It is pleasing to see the worm turn in this legal battle. J&J suffered another setback this week, when the Third Circuit denied J&J’s request to maintain the automatic stay during the time that J&J appeals a bankruptcy decision before the U.S. Supreme Court. Automatic stays have stopped thousands of talcum cases and stopped any new lawsuits from getting filed ever since J&J started the controversial process to spin the talc liability off into a bankrupt subsidiary over one year earlier. Talc-cancer lawsuits. After the 3rd Circuit ruled that this bankruptcy was invalid some months ago, the stay was removed. J&J was hoping to have it stayed in place until hearing 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 for the Supreme Court is willing even to hear the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay now officially lifted, the very first new cases were filed and incorporated into the class action involving talcum powder MDL in just over a year. Seven new talc-related lawsuits were brought into the MDL in the past 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 calling for the U.S. Government Accountability Office (GAO) begin an investigation into the cost 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 ignoring the dangers of its talc-based products for decades while tax dollars were utilized to treat people injured by exposure to the chemicals. The demand comes just weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc-cancer lawsuits. J&J should begin to make fair settlement offers to victims, in order the process of putting all this behind. It’s a mark on one of the top companies.
February 14 2023 Update: In an earlier hearing at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc-cancer 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!