You May be Entitled to Significant Compensation Story on talcum powder lawsuit. 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 400 million dollars to US state AGs. Story On Talcum Powder Lawsuit .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle 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-based ingredients cause cancer. Story on talcum powder lawsuit.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company will pay various types of cancer patients in the bankruptcy settlement. Story on talcum powder lawsuit. J&J has stated that its talc products are safe and do not cause cancer. The company is trying for a second time to resolve more than 38,000 lawsuits filed in bankruptcy, and to prevent any new cases from being filed in the near future.
LTL’s bankruptcy plans would deposit $400 million to an additional trust to settle claims filed by state attorneys general alleging that J&J did not comply with states’ unfair practices as well as consumer protection laws by misinforming 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 those investigations from progressing in 2021. Story on talcum powder lawsuit. New Mexico and Mississippi had already initiated 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 documents.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished in a joint move with cancer victims and those affected by cancer and the U.S. Justice Department’s watchdog on bankruptcy, who have claimed that a lucrative firm like J&J is not eligible for bankruptcy protections aimed at the struggling debtors.
LTL’s first attempt at resolving the bankruptcy lawsuits was dismissed following similar arguments. A U.S. appeals court ruled in favor of LTL wasn’t in “financial difficulty” and therefore not eligible of bankruptcy protection. Story on talcum powder lawsuit. LTL had filed for bankruptcy again less than two hours after the decision to dismiss, arguing that the second bankruptcy was different as it had less money and more support for the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s latest bankruptcy violation of the law enforcement powers of the state by seeking to unilaterally limit LTL’s liability to state consumer protection laws.
Story On Talcum Powder Lawsuit
The filings of LTL’s latest bankruptcy proceedings also include additional details about how the company plans to evaluate and pay claims for cancer should the bankruptcy plan be approved.
The largest amount of money under the settlement will be $500,000 for people diagnosed with mesothelioma terminal prior to the age of 45, and $260,000 for patients diagnosed with cancer of the ovary before age 45.
The proposed settlement offers discounts based on the nature and severity of cancer, the patient’s age, the history of using talc and other factors. Story on talcum powder lawsuit. For example an individual who was using talc products on a weekly basis, who had an ovarian cancer family history, cancer, and was diagnosed with stage II ovarian cancer at the age of 55 may qualify for a $21,125 payout under the plan.
Judge orders J&J and talc oppositionists to engage in settlement talks.
Following another hearing in Johnson and Johnson’s efforts to use a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the plan to enter into settlement talks, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary created by J&J to handle the claims company proposed a settlement of $8.9 billion. Story on talcum powder lawsuit. While a group of law firms representing plaintiffs supports the settlement, a different group is against the settlement.
In the last week, an opposition group, known as”The Official Committee of Talc Claimants, urged the bankruptcy court for dismissal of the matter by asserting that LTL is not considered to be in financial distress.
“The filing is a desperate and legally ineffective attempt by a handful of law firms to stop claimants from voting on the resolution, which the vast and growing majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Story on talcum powder lawsuit. “The law firms who filed the filing are pursuing financial interests which are in conflict with, differ from and oppose the interests which their clientele. We’ll soon submit a response in the appeals court.”
Story on talcum powder lawsuit. Clay Thompson, a lawyer for MRHFM who is home to more than mesothelioma patients who have sued J&J, said that the second bankruptcy attempt of J&J will fail.
“J&J issues press releases about how wonderful the plan is but simultaneously requesting that details of the plan, such as what each sick person will receive,” Thompson said in the statement. “What does the company have to keep secret?”
Kaplan has commanded the parties to create a strategy for reorganization, under the oversight by two mediators.
On February 20, 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the tens of thousands of claims related to its talcum-based products.
However, in January of this year, a federal appeals court ruled against the verdict, ruling that the company was not able to be considered in “financial distress.”
After J&J’s make an appeal before the U.S. Supreme Court was dismissed at the end of April J&J applied for its first bankruptcy about two hours after. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to accept the second bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B talc litigation charge.
Through two Chapter 11 attempts, J&J has gotten 19 months of which cases were placed suspended. Story on talcum powder lawsuit. The company is requesting that claimants take a vote to accept their settlement. J&J would need 75% support for the settlement to be approved.
In addition to the team of talc attorneys who have panned the company’s bankruptcy and the U.S. Trustee which is a division that is part of the U.S. Department of Justice was also the one to file a motion to dismiss LTL’s bankruptcy second case.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest, but naive debtors.” Those doors “are not available to anyone that lack a legitimate bankruptcy goal or who seek to abuse the bankruptcy process to delay or hinder their creditors,” Vara continued.
On the other hand, J&J maintains there is no conclusive evidence that its Talc-based products, such as its famous baby powder, 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 wants to avoid the expense of going to court. The company has won the majority of cases that have been decided in court, however certain losses have been extremely punishing.
A well-known trial in Missouri led to 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 trial involving talc that are appealing or decided. Out of 41 trials 32 ended with an outcome for J&J or a mistrial, or verdict for a plaintiff that was dismissed upon appeal. Story on talcum powder lawsuit. The company also in 2020 moved to settle more than 1000 cases for 100 million dollars, Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Story On Talcum Powder Lawsuit
Our lawyers handle baby powder cases in every state. The talcum powder lawsuits for Johnson & Johnson have been in the process for several years. Story on talcum powder lawsuit. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient found in products such as Baby Powder or Shower to Shower and Shower to Shower, could cause cancer of the ovary in certain women.
This page provides a J&J Talc Power litigation update and discusses how the upcoming bankruptcy ruling will impact the final settlement amount of the ovarian cancer lawsuits.
Has the deadline passed for you to bring a talcum lawsuit? Many who believe the statute of limitations has run out to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or get a no-cost, quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Story On Talcum Powder Lawsuit
June 2 2023 Update: In an asbestos talc court trial held which took place in California yesterday, technical issues halted the opening statement by the defense lawyers. Story on talcum powder lawsuit. Jurors watching from home via Zoom but did not hear Johnson and Johnson’s lawyer express doubts about the 70s research affirming the presence of asbestos in their product, but the trial was abruptly closed.
In the meantime, the plaintiff had the opportunity to introduce an initial witness Arthur Langer. Langer explained that the existence of other minerals in the talc mineral is a given. He also testified that his team advised J&J in the year 1971 of the presence of chrysotile asbestos in the talc produced by the company, although in lower than 0.1 percent. The asbestos was discovered by him in the year 1976.
June 1st, 2023 Update Story on talcum powder lawsuit. First trial after J&J decided to spin off its Talc section and declaring bankruptcy marks an important turning point for the ongoing lawsuit story. Trial began yesterday in the heartbreaking case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma last year, which lawyers on both sides believe is a grave tragedy.
Opening statements revealed sharp differences in the two sides’ narrative. The attorney for the plaintiff took aim on Johnson & Johnson, alleging the use of deceitful methods in their research practices as well as throughout the litigation process. As per the lawyer the company attempted to manipulate 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 with the course of this trial. Despite the unique nature of the mesothelioma trial and its distinct issues compared to other talcum powder lawsuits ruling in favor of the plaintiff could cause a serious setback to J&J’s hopes of broad acceptance of the settlement they have proposed among plaintiffs.
May 31 2023 Update: Johnson and Johnson’s bankrupt talc division strongly defended its 2nd Chapter 11 filing in the opposition of the talc injury plaintiffs. In an objection submitted to the New Jersey bankruptcy court, it argued that the filing was distinct from the previous filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion by J&J as the largest settlement ever made in the history of a mass tort bankruptcy. Story on talcum powder lawsuit. There was no mention of how the size of the settlement implies that it is a fair settlement. J&J also claimed support from several plaintiffs’ legal firms that represent over 60,000 claimants. This is not easy to confirm but is probably incorrect.
May 24, 2023 Update: Since Johnson &J Johnson’s bankruptcy filing, the first trial involving its cosmetic talc items allegedly containing asbestos is set to start jury selection on Monday, May 24, California with Alameda County Superior Court, a historically good place for plaintiffs. The plaintiff asserts that his mesothelioma is the result of asbestos exposure from J&J’s products which J&J is denying. The trial also includes six retailers accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are fighting over who should be appointed to the position of future claims representative, which is vitally essential in resolving the Talc claims. Story on talcum powder lawsuit. Randi Ellis, a lawyer who regularly appears in MDLs all over the nation, was appointed as the claims representative in the initial bankruptcy. J&J’s defense attorneys want Ellis to be named to the position in the future, however lawyers representing the talc plaintiffs have raised objections because Ellis has an interest conflict which should stop her from assuming that position for the second time. This conflict is rooted in the possibility that Ellis was apparently involved in the drafting of the highly contested second bankruptcy, raising doubts about her capacity to be neutral. The reality is the bankruptcy will be tossed out anyway.
May 17th, 2023 Update: The pretend company J&J put together for the talc litigation bankruptcy told the New Jersey bankruptcy court that they have allocated $400 million as a settlement for claims made by states accusing J&J of misleading marketing for its talc products. Story on talcum powder lawsuit. So that makes it an $8.5 billion settlement for cancer victims. It’s difficult to envision the scenario in which J&J can get the settlements of baby powder through with these numbers. Although J&J’s $8.5 billion offer might seem like a huge sum at first, it does not appear appealing after you calculate the figures. This settlement proposal – by our rough calculations, would not provide victims with much more than $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. Story on talcum powder lawsuit. The group claims that J&J deliberately withdrew a $61.5 billion financing agreement that it had with its company subsidiary LTL Management LLC, to create the appearance of financial hardship and to validate the company’s Chapter 11 bankruptcy filing. The group argues that this act is equivalent to a fraudulent transfer of right to compensation for victims. They will investigate J&J’s actions as a result of the decision to dismiss the first bankruptcy case of LTL.
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 motion to reject the second bankruptcy filing of J&J subsidiary LTL Management. In the meantime, however, LTL Management has filed an Order that requires both parties to participate in a new settlement mediation hoping that an international settlement agreement can be come to fruition.
May 5 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer from asbestos exposure. Story on talcum powder lawsuit. More than 2700 people have filed lawsuits against the company, and it was spending $1 million a month to defend itself. The company’s recent $29million verdict that was handed down in South Carolina forced it to pursue bankruptcy protection, and arguing for equitable distribution of assets to talc claimants, rather than being taken in the hands of the receiver. Other suppliers of talc have declared bankruptcy because of litigation.
May 4, 2023, Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen settlement discussions with lawyers who rejected the company’s $8.9 billion deal. The court in Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps in the second bankruptcy case. Judge Kaplan was pushing for more settlement discussions.
This is the way to settle these claims for J&J. The baby powder settlement is likely to be made. Story on talcum powder lawsuit. However, it will require more money – more billions of dollars from Johnson & Johnson.
Lawyers are divided over whether to accept the proposal and not every client sees the issue the same way their attorney does. Second bankruptcy cases are destined 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 The group of cancer victims who are suing Johnson & Johnson (J&J) demanded to have 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 involving talc products. The group representing claimants for talc filed a motion on Tuesday, asking the Third Circuit to consider their case and send it back the lower court with instructions to dismiss the bankruptcy. Story on talcum powder lawsuit. They also requested that the stopped tort litigation against J&J allow the litigation to continue.
LTL applied for Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year and offered the possibility of an $8.9 billion settlement. The committee believes that the recent ruling, which allows LTL’s third Chapter 11 to continue, in addition to halting trials against J&J should be subject to 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 saying that J&J intends to file a statement to the appeals court characterizing the filing as an “desperate and legally inadequate attempt” by a select group of law firms who have competing financial interests.
May 1 2023 Update: One frequently asked question is how plaintiffs and their attorneys turn off $8.9 billion. Of course, it’s an enormous amount of money. But there are a lot of victims. Story on talcum powder lawsuit. These are actually a good claims for plaintiffs. We were reminded of this last week in two talc trials which led to huge verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon was settled with the verdict that was $18.1 million. In the same month, a different mesothelioma trial involving talc was held for trials at South Carolina and resulted in an award of $29 million for the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. which is one of the most prominent manufacturers of talc in U.S.
April 30, 2023 Update: When J&J first attempted to drag the talcum powder litigation into bankruptcy, it came with an offer to put aside $2 billion for settlements. It was a ridiculously small amount. There was no one among the talc victims who agreed with it. This time, however, 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 backing of a significant portion of the talc plaintiffs and their lawyers. Story on talcum powder lawsuit. But 75% of the plaintiffs in the talc category, which is required to approve bankruptcy plans is not an easy task since there are so many lawyers with huge collections of baby powder lawsuits opposed to the settlement.
What could solve the impasse? More billions.
April 25 2023 Update Talc Cancer victims have demanded a judge disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, insisting that the company is not financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Story on talcum powder lawsuit. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not eligible for bankruptcy relief as it had not demonstrated financial distress.
The claimants contend that the Second Chapter 11 case is an fraud on the bankruptcy system and that it is being pursued in bad faith. J&J states that the bankruptcy settlement is backed by “significant backing” from firms representing approximately 60,000 plaintiffs. It is fair to say that lawyers representing plaintiffs and victims are divided over this $8.9 billion settlement offer.
April 21, 2023 Update: A bankruptcy judge ruled the company Johnson & Johnson must face new lawsuits alleging that the company offered a baby powder with a contaminant that caused cancer. Even though trials for talc lawsuits are paused for at least 60 calendar days and new lawsuits are able to be filed, and lawyers will begin preparing their cases. Story on talcum powder lawsuit. The judge expressed his doubts about J&J’s ridiculous effort to revive its plan with a second bankruptcy trial.
April 13th 2023: Update on the most important news is the $8.9 billion over the next 25 years of settlement. Lawyers representing cancer patients within MDL class action MDL collective action promised to challenge the settlement Talc claimants. Why? They believe it’s too little money for the 70 000 cancer patients. Story on talcum powder lawsuit. These lawyers believe that J&J should negotiate a bigger settlement or even litigate individuals’ claims if the current bankruptcy is dismissed.
However, there is a second group of lawyers that is not part of the leadership in this class action. These lawyers have amassed tens of thousands of cases. The group is seeking to settle now for what is believed to be far less than what these victims deserve. Their argument appears to be twofold. The first is that they claim the settlement, which is about 100 million dollars on average per plaintiff is fair.
This argument isn’t easy to prove. But their second argument has more force: the victims can no longer wait and want their money now.
April 12 2023 Update: Many are asking how J&J can go through bankruptcy again. The answer is complicated and confusing. 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 lawsuits involving talc conclusively. It thinks it can get a lower rate in the event of the bankruptcy element which applies pressure for a settlement. Story on talcum powder lawsuit. Going back to more than 400 years in American past, the company asserts that bankruptcy benefits all parties by distributing settlement payments more evenly and efficiently than trial courts, in which some litigants receive substantial award while others do not.
The basic tenet in the 3rd Circuit decision was this is not a case of an enterprise that is profitable, forming subsidiaries to meet the legal risk and declare bankruptcy – Congress considered when it was drafting the Bankruptcy Code. It also clarified that the subsidiary was not in financial difficulty because J&J promises unlimited funding.
So J&J took advantage of the unlimited funding portion of the holding and didn’t promise to provide unlimited funding for cases. The company claims that modified financing arrangements with its subsidiary will address concerns of the appellate court, while supplying funds for claim payments. As if providing victims with less money would solve the overarching problem.
Lawyers representing cancer patients who do not agree with the agreement counter this with what you conclude is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous decision. Hyperbole is not exempt: victims’ lawyers call it the biggest “fraudulent transaction that has occurred in United States history.”
In spite of the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it’s a way of trying to push this $8.9 billion settlement and keep pressure on plaintiffs.
April 10, 2023, Update Bloomberg provides an insightful report on a brand new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the class action lawsuit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any settlements. J&J is now willing the payment of $8.9 billion to settle lawsuits.
The funders’ involvement is publicly available due to an New Jersey court rule requiring the disclosure of certain information about funders outside the state. The rule aims to tackle the growing demands for regulation of litigation funders. J&J faces over 60,000 claims when you add up state and federal Baby Powder lawsuits. Third-party financing in mass tort cases has its pros and pros and. However, there is no doubt that we are witnessing how third-party funding could level the playing field between individuals as well as large corporations in court.
April 4 2023 Update: It’s interesting to watch the worm turn in this litigation. J&J suffered another setback this week when it was found that the Third Circuit denied J&J’s request to keep the automatic stay in place in the meantime that J&J appeals a bankruptcy decision at the U.S. Supreme Court. Automatic stays have froze thousands of talcum cases and stopped any new lawsuits from arising ever since J&J initiated the controversial effort to spin talc-related liabilities into a bankrupt company over a year in the past. Story on talcum powder lawsuit. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid some months ago, the stay was revoked. J&J wanted to see it remain in effect until an appeal to the SCOTUS appeal. But 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 of the Supreme Court is willing even to take up the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay having been in effect, the first new cases were filed and incorporated into the talcum powder class action MDL in just over a year. Seven new talc cases were joined to the MDL in the past month and brought the total number of cases pending to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now calling for be the U.S. Government Accountability Office (GAO) launch an investigation into the amount J&J products containing talc have cost the government over the decades.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of not recognizing the risks of its talc product for long while tax dollars used to treat those who were injured through exposure to the chemicals. The suit comes just a few days after J&J’s loss to the 3rd Circuit Court of Appeals.
Story on talcum powder lawsuit. J&J must begin making reasonable settlement offers for victims in order getting this behind it. It’s a mark on one of the top firms.
February 14 , 2023 Update: At an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Story on talcum powder lawsuit. 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!