You May be Entitled to Significant Compensation Why talc is not safe. 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 be worth the sum of $400 million US state AGs. Why Talc Is Not Safe .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of a wider $8.9 billion deal to settle allegations that it’s Baby Powder and other talc products cause cancer. Why talc is not safe.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company will pay various types of cancer patients in an arrangement for bankruptcy. Why talc is not safe. J&J has stated that its talc products are safe and do not cause cancer. It’s trying for a second time to resolve more than 38,000 lawsuits brought in bankruptcy and stop new cases from being filed in the near future.
The bankruptcy plan of LTL would pay $400 million to an additional trust to settle claims filed in state courts by attorneys general alleging that J&J did not comply with the state’s unfair commercial practices and consumer protection laws by misleading consumers about the safety of its talc products.
Many states had initiated consumer protection lawsuits against J&J prior to LTL’s bankruptcy filing stopped those investigations from progressing in 2021. Why talc is not safe. New Mexico and Mississippi had already launched suits for damages against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas according to court documents.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy, joining cancer victims as well as those affected by cancer and the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a successful business like J&J cannot benefit from bankruptcy protections designed for struggling debtors.
LTL’s first attempt at resolving the lawsuits in bankruptcy was thrown out after similar arguments. The U.S. appeals court determined that LTL wasn’t in “financial trouble” and thus not eligible of bankruptcy protection. Why talc is not safe. LTL had filed for bankruptcy again within two hours of the decision to dismiss, arguing that the second bankruptcy was different because it had less money and more support for an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates state law enforcement authorities by seeking to unilaterally limit LTL’s liability to state consumer protection actions.
Why Talc Is Not Safe
LTL’s new filings also included additional details about the way in which the company will evaluate and pay for 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. Why talc is not safe. 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 provides discounts based on the kind and severity of the cancer, the person’s years of age, their history of talc use and other factors. Why talc is not safe. For example someone who regularly used daily talc products, had an ancestral history of ovarian cancer and was diagnosed the stage 2 ovarian cancer when she was 55 may be eligible for a $21,125 payment according to the plan.
Judge ordains J&J and talc opponents to engage in settlement talks.
After 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 move to conduct negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary created by J&J to handle the claims company offered a settlement of $8.9 billion. Why talc is not safe. While a group of law firms representing plaintiffs agree with the deal, another group is against the settlement.
In the last week, an opposition group, known as”The Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss this case by saying that LTL is not a factor in financial distress.
“The filing is an unjust and legally flawed attempt by a small number of law firms to try to stop claimants from deciding on the resolution plan–a plan the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Why talc is not safe. “The law firms that are behind these filings have interests in finance that do not align with, diverge from and are in opposition to the interests of their clients. We will be submitting an answer an appeal to the appellate court.”
Why talc is not safe. Clay Thompson, a lawyer for MRHFM which boasts more than patients with mesothelioma who have filed lawsuits against J&J for bankruptcy, told J&J’s second bankruptcy effort is likely to fail.
“J&J issue press releases that boast about how amazing its plan is while simultaneously requesting that details of the plan, such as what each sick person will receive,” Thompson said in the statement. “What do J&J have to hide?”
Kaplan has instructed the sides to devise a second arrangement plan under the supervision by two mediators.
In February 2022, Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would free the company from the tens of thousands of claims concerning its talcum products.
In January of this year, a federal appeals court ruled against the decision, ruling that the business could not be considered in “financial trouble.”
In the event that J&J’s request to make an appeal before the U.S. Supreme Court was turned down in April, J&J was granted a second petition for bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 days to decide whether to grant the second bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B settlement charge for talc.
Through Two Chapter 11 attempts, J&J has bought 19 months during which the cases were in limbo. Why talc is not safe. The company is requesting that claimants accept their settlement. J&J requires 75% of the vote for the settlement to be approved.
In addition to the gang of talc lawyers who panned the company’s bankruptcy as well, the U.S. Trustee is an arm belonging to the U.S. Department of Justice has also filed a motion to dismiss the second bankruptcy case of LTL.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest but unfortunate debtors.” The doors “are not available to anyone that don’t have a legitimate bankruptcy goal or who seek to use bankruptcy to hinder or delay their creditors,” Vara continued.
For its part, J&J maintains there is no conclusive evidence that its Talc-based products, such as its iconic baby powder, can cause cancer. J&J has been taking the products of the market first to be available in North America in 2020–and the rest of the world next year.
J&J is determined to stay clear of the expense of going to court. It has prevailed in the majority of the cases that have been resolved through trial, though certain losses have been punitive.
A well-known trial in Missouri ended in an $4.7 billion verdict against the drug maker that was later reduced 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 trial involving talc that are being appealed or settled. In 41 trials 32 have resulted in a win by J&J either through a mistrial or plaintiff verdicts that were annulled after appeal. Why talc is not safe. Additionally, the company in 2020 moved to settle around 1,000 cases worth $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Why Talc Is Not Safe
Our lawyers handle baby powder cases in all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been in the process for several years. Why talc is not safe. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in many products, including baby Powder along with Shower to Shower as well as other products, may cause cancer of the ovary in certain women.
This page provides the J&J talc power litigation update and explains how the forthcoming bankruptcy ruling impacts the ultimate settlement amounts in these Ovarian Cancer lawsuits.
Have you reached the deadline by which you to start a lawsuit against talcum powder? Many who assume the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Why Talc Is Not Safe
June 2 2023 Update: At the asbestos talc trial at the trial in California yesterday, some technical issues halted the opening statement by the defense attorneys. Why talc is not safe. Jurors from home via Zoom, did hear Johnson & Johnson’s lawyer expressing skepticism about the 70s science asserting the presence of asbestos in their product prior to the opening was abruptly ended.
The plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer explained that the existence of additional minerals along with talc is inevitable. He testified that his team informed J&J in 1971 of the presence of chrysotile asbestos in the talc produced by the company, although with less than 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update Why talc is not safe. The first trial since J&J made the decision to split its talc section and declaring bankruptcy marks a pivotal moment in the ongoing talc litigation story. Trial started on Monday in the harrowing trial of a young plaintiff who was diagnosed with an aggressive and rare form of mesothelioma in the past year, which lawyers on both sides acknowledge is a harrowing tragedy.
Opening statements revealed the sharp differences in the two sides’ story. The plaintiff’s attorney took aim on Johnson & Johnson, alleging the use of deceptive tactics in research practices and throughout the litigation procedure. According to the attorney the company tried to manipulate the definition of asbestos, in spite of internal documents dating from the year 1978 and 1994 indicating that fibers discovered in the tissues of the plaintiff are part of.
Johnson & Johnson’s uncertain $8.9 billion settlement offer hangs in the balance as we course of this trial. Despite the unique nature of this mesothelioma case and its unique challenges compared to other talcum powder lawsuits, a verdict favoring the plaintiff could inflict an unintended setback to Johnson & J’s hopes for broad acceptance of their proposed settlement among plaintiffs.
May 31 2023: Update from Johnson & Johnson’s bankrupt talc division strongly defended it’s second Chapter 11 filing in the face of challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation was vastly different from the earlier filing. It also emphasized the unprecedented commitment of $8.9 billion by J&J which is the largest settlement ever in any bankruptcy case that involves mass tort. Why talc is not safe. The issue is not discussed: whether the size of the settlement signifies that it’s a fair settlement. J&J also claimed support from various plaintiffs’ law firms representing over sixty thousand claimants. This is difficult to verify but it’s likely to be false.
May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the first trial on its cosmetic talc products allegedly with asbestos content is scheduled to commence jury selection on Monday in California at Alameda County Superior Court, the most favored court for plaintiffs. The plaintiff asserts that his mesothelioma is the result of asbestos exposure in J&J’s product and that the company is denying. The trial also includes six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update Lawyers involved in the second J&J talc bankruptcy are now disputing who should be chosen to fill the position of future claims representative, which is vitally essential to the resolution of the talc claims. Why talc is not safe. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country was appointed as the claims representative in the previous bankruptcy. J&J’s defense team would like Ellis to be appointed to this position again, but lawyers for the talc plaintiffs are protesting on the grounds that Ellis has an unrelated conflict of interest that should prevent her from taking on that role once more. This conflict is rooted in the possibility that Ellis was believed to have been involved in drafting the controversially disputable second bankruptcy, which raises concerns about her ability to be neutral. In reality, this bankruptcy will likely to be dismissed in the end.
May 17, 2023 Update: The fake company J&J put together to handle the bankruptcy of talc has informed a New Jersey bankruptcy court that they have designated $400 million to pay the claims made by states accusing the company of deceitful advertising for its talc products. Why talc is not safe. So that makes it an $8.5 billion settlement for cancer patients. It is hard to imagine a scenario where J&J can push these baby powder settlements through in these figures. Although J&J’s $8.5 billion offer may seem like a lot initially, it may not look very appealing when you consider the math. This settlement offer based on our estimates – will not be able to pay victims more than a median settlement of $100,000 per case. That’s not enough.
May 15th 2023, Update J&J might be facing lawsuit by an advocacy group representing cancer victims. Why talc is not safe. The group contends that J&J intentionally withdrew an $61.5 billion financing agreement together with its parent company, LTL Management LLC, to create the appearance of financial hardship and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of the rights of victims’ compensation. They will investigate J&J’s actions following of the dismissal of LTL’s first bankruptcy suit.
May 10 2023 Update: During the 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 filing that was filed by J&J subsidiary LTL Management. However, in the meantime, this bankruptcy court has issued an order that requires both parties to take part in a new settlement negotiation in the hope that a global settlement deal can come to fruition.
May 5, 2023 Update: Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer from asbestos exposure. Why talc is not safe. More than 2700 people have filed lawsuits against the company, and it was paying $1 million per month to defend itself. The company’s recent $29million verdict at the Supreme Court of South Carolina forced it to pursue bankruptcy protection, and arguing that assets should be distributed in an equitable manner between talc claimants rather than being taken over in the hands of the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of lawsuits.
May 4, 2023 Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart talks on settlement with lawyers who turned down the company’s proposed $8.9 billion offer for settlement. At Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps to take in the second bankruptcy case. Judge Kaplan has pushed for further settlement talks.
This is the answer to resolve the claims of J&J. A baby powder settlement can be achieved. Why talc is not safe. But it’ll need more money, more billions of dollars of Johnson & Johnson.
Lawyers are divided over whether to accept the proposal and not every client views the issue the same way their attorney does. Second bankruptcy cases are bound to be a failure as Judge Kaplan has scheduled a hearing in June to determine if she will remove the bankruptcy after the second.
May 3 2023 Update: A group of cancer patients who have sued 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 a bid to stop the litigation surrounding talc-based products. The group of talc claimants has filed a motion this week requesting the Third Circuit to consider their case and then send it back the lower court, with instructions for dismissing the bankruptcy. Why talc is not safe. They also requested that the lawsuit against the halted torts of J&J should be permitted to proceed.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year, offering a $8.9 billion payment. The committee argues that the recent ruling, which allows LTL’s third Chapter 11 to continue, and also stopping trials against J&J should be subject to the immediate Third Circuit review. The US Trustee also requested that be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation Erik Haas, was quoted by Bloomberg saying that J&J intends to file a reply to the appeals court declaring the filing an “desperate and legally inadequate attempt” by a handful of law firms that have conflicting financial interests.
May 1 2023 Update: One frequently asked question is how could plaintiffs and their lawyers be able to turn around $8.9 billion. Of course, that is an immense amount of money. However, there are lots of victims. Why talc is not safe. And these are really good case for plaintiffs. We were reminded of this last week by two talc-related trials that ended in large verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon led to a verdict worth $18.1 million. A month later, another talc mesothelioma case went to the court at South Carolina and resulted in a verdict of $29 million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc., one of the top suppliers of talc within the U.S.
April 30th 2023 Update: In the year 2023, when J&J first attempted to drag the litigation over talcum powder into bankruptcy, it did so with an offer to reserve $2 billion to settle the case. The sum was ridiculously low. None of the talc plaintiffs were in favor of the proposal. This time, J&J has increased the offer to $8.9 in the event that the talc victims are willing to accept bankruptcy settlements and they have the support of a large portion of the talc plaintiffs as well as their lawyers. Why talc is not safe. But with 75% of plaintiffs in the talc category, which is needed for approval of the bankruptcy plan, it a tough road with so many lawyers with massive stocks of baby powder lawsuits opposed in favor of the deal.
What is the solution to this impasse? More billions.
April 25, 2023, Update Talc patients have asked a judge to reject their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, saying the company is not financially strained. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Why talc is not safe. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company was not eligible for bankruptcy relief since it did not show financial trouble.
The claimants argue that the third Chapter 11 case is an misuse of the bankruptcy system and the case is being handled in bad good faith. J&J says the bankruptcy settlement has “significant support” from companies representing approximately 60,000 people who are claiming. It is fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are not united over this $8.9 billion offer for settlement.
April 21st, 2023 Update: A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits claiming that the company offered a baby powder with a contaminant that caused cancer. Although the trials for talc lawsuits are paused for a minimum period of 60 days and new lawsuits are able to be filed, and lawyers will begin preparing their cases. Why talc is not safe. The judge expressed his doubts about J&J’s ridiculous effort to revive its strategy by filing a second bankruptcy trial.
April 13 2023 Update: major story is that there’s an $8.9 billion over the next 25 years of settlement. Lawyers representing cancer patients who are part of the MDL collective action promised to fight the settlement with those who claim talc. Why? They feel it’s not enough money for those suffering from cancer who are 70,000. Why talc is not safe. These lawyers believe that J&J should negotiate a larger settlement or even litigate individuals’ claims if the current bankruptcy is dismissed.
But there’s a separate lawyer group that isn’t part of the leadership group in that class action. The lawyers collectively have accumulated tens of thousands of cases. This group wants to settle the case now for what many argue is far less than what these victims deserve. Their argument is twofold. First, they argue that the settlement – about 100 million dollars on average per plaintiff – is fair.
This argument isn’t easy to present. However, their second argument has more teeth: victims can be no longer patient and demand to get their money right now.
April 12, 2023 Update: People are looking for ways J&J can go through bankruptcy once more. The answer is complicated and complicated. But let’s try to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future lawsuits involving talc conclusively. It believes that it will be less expensive if there is an element of bankruptcy that puts pressure to settle. Why talc is not safe. Going back to 400 years of American history, the firm argues that bankruptcy benefits everyone by dispersing settlement payments more evenly and effectively than trial courts where some litigants receive significant award while others do not.
The main thrust in the 3rd Circuit decision was this is not a case of a profitable company making subsidiaries to meet the legal risk and declare bankruptcy Congress considered when it was drafting the Bankruptcy Code. But it also said the company was in financial difficulty because J&J promised unlimited funding.
So J&J took advantage of the unlimited funding aspect of the holding and didn’t make any promises to offer unlimited funding for lawsuits. J&J claims that its modified financing arrangements with its subsidiary address the concerns of the appeals court while providing funds for claims. In the hope that offering victims lesser money could solve the overarching problem.
Attorneys representing cancer patients who oppose the deal counter this by arguing that the plaintiff is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s ruling. The hyperbole wasn’t spared by the victims’ lawyers, who call it the biggest “fraudulent transfer in United States history.”
In spite of the legal jargon, J&J does not really believe that this bankruptcy will last. However, it’s a means of pushing this $8.9 billion settlement and keep pressure on plaintiffs.
April 10 2023 Update: Bloomberg offers an informative article on a new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the suit for class actions. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) over talc products in exchange for a percentage of any winnings. J&J is now offering the payment of $8.9 billion to settle lawsuits.
The involvement of the funders is public information because of a New Jersey court rule requiring the release of certain details about outside funding backers. The law is designed to respond to the increasing calls for regulation of the litigation funders. J&J has more than 60,000 claims when you include federal and state child powder-related lawsuits. Third-party funding in mass tort claims has pros and pros and. However, there is no doubt that we are seeing how third-party funding could level the playing field between people and large corporations in court.
April 4, 2023 Update: It is pleasing to see the worm turn in this case. J&J suffered another setback this week when it was found that the Third Circuit denied J&J’s request to maintain the automatic stay in the meantime that J&J appeals a bankruptcy ruling in the U.S. Supreme Court. The automatic stay has stopped the cases of talcum powder in a number of years and stopped the filing of new lawsuits ever since J&J initiated the controversial effort to spin talc-related liabilities off into a bankrupt subsidiary over one year earlier. Why talc is not safe. When the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was lifted. J&J had hoped to have it continued pending its 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 the Supreme Court is willing even to hear the appeal? Low.
March 16 2023 Update: With the bankruptcy stay in effect, the first new cases have been filed and transferred into the class action for talcum powder MDL in the space of a year. Seven new talc cases were added to the MDL in the past month which brings the total number of pending cases up to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now requesting that the U.S. Government Accountability Office (GAO) start an investigation into how much J&J product containing talc has cost the government in the years.
A recent email 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 long while tax dollars spent treating those injured by exposure to the products. The suit comes just a few days after J&J’s major loss in the 3rd Circuit Court of Appeals.
Why talc is not safe. J&J needs to start making reasonable settlements to victims to begin getting this behind it. This is a disgrace to one of the greatest businesses.
February 14 , 2023 Update: At an earlier hearing 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 Why talc is not safe. 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!