You May be Entitled to Significant Compensation 844-bad-talc. 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. 844-Bad-Talc .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its broader $8.9 billion settlement of allegations that its Baby Powder as well as other talc ingredients cause cancer. 844-bad-talc.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company plans to pay different kinds of cancer sufferers in an arrangement for bankruptcy. 844-bad-talc. J&J has said that its products containing talc are safe and will not cause cancer. The company is trying for another time to settle more than 38,000 cases in bankruptcy and stop new cases from coming forward in the future.
LTL’s bankruptcy plans would deposit $400 million to a separate trust for claims brought from state attorney generals alleging that J&J did not comply with the state’s unfair commercial practices as well as consumer protection laws by misinforming consumers about the quality of its talc products.
Several states had begun consumer protection actions against J&J before LTL’s first bankruptcy filing stopped those investigations from progressing in 2021. 844-bad-talc. New Mexico and Mississippi had already brought suit with Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas, according to LTL’s court papers.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished in a joint move with cancer victims and The U.S. Justice Department’s bankruptcy watchdog. They have claimed that a lucrative firm like J&J does not qualify for bankruptcy protections intended for struggling debtors.
The first time LTL attempted to settle the bankruptcy-related lawsuits was rejected after the same arguments. In the end, a U.S. appeals court decided that LTL wasn’t in “financial difficulty” and therefore not eligible of bankruptcy protection. 844-bad-talc. LTL filed a second bankruptcy in just two hours following the dismissal, saying that the second bankruptcy was different due to the fact that it was able to borrow less and more support for the settlement.
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 the liability of the company for state consumer protection measures.
844-Bad-Talc
LTL’s recent filings also provided more information about the way in which the company will evaluate and pay for cancer claims should the bankruptcy plan be approved.
The maximum amount under the settlement will be $500,000 to those diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for people diagnosed with terminal ovarian cancer before age 45.
The proposed settlement applies discounts depending on the severity and type of cancer, the patient’s age, the history of usage of talc and other variables. 844-bad-talc. For instance someone who regularly used the talc product on a regular basis, had the family history of ovarian cancer and was diagnosed with stage II ovarian cancer at age 55 might qualify to receive a payment of $21,125 according to the plan.
Judge gives order to J&J and talc opponents engage in settlement talks.
Following another hearing in Johnson &Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the plan to hold settlement talks, Bloomberg reports.
With its second bankruptcy bid for LTL management, a subsidiary founded by J&J to hold the claims–the company made a settlement offer of $8.9 billion. 844-bad-talc. While one firm representing plaintiffs supports the settlement, a different group is against the settlement.
This week, the opposition group, called the Official Committee of Talc Claimants requested the bankruptcy court to disqualify the petition by arguing that LTL cannot be regarded as to be in financial trouble.
“The filing is an unjust and legally flawed attempt by a tiny number of law firms to stop claimants from deciding on the resolution, which the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. 844-bad-talc. “The law firms that are behind this filing have financial interests that clash with, diverge from and contravene those that their customers. We’ll soon submit an appeal an appeal to the appellate court.”
844-bad-talc. Clay Thompson, a lawyer for MRHFM who boasts more than mesothelioma patients who have sued J&J, said that J&J’s second bankruptcy effort failed.
“J&J sends out press releases about how wonderful its plan is while simultaneously requesting that details of the plan, such as what each sick person will receive — be kept private,” Thompson said in an announcement. “What do they have to hide?”
Kaplan has commanded the parties to create a restructuring plan, with the supervision by two mediators.
As of February 2022 Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would free the company from the hundreds of thousands of claims over its talcum products.
In January of this year a federal appeals court overturned the decision, deciding that the company was not able to be considered in “financial distress.”
In the event that J&J’s request to appeal to the U.S. Supreme Court was rejected the same month, J&J applied for its first bankruptcy just two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to grant an additional bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B talc litigation charge.
Through Two Chapter 11 attempts, J&J has purchased 19 months of which the cases were in limbo. 844-bad-talc. The company would like claimants to vote on accepting their settlement. J&J would need 75% of the vote in order for the agreement to be accepted.
Alongside the group of talc lawyers that criticized the company’s bankruptcy and the U.S. Trustee, an arm that is part of the U.S. Department of Justice has also filed motions to dismiss the second bankruptcy case of LTL.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest, but naive debtors.” Those doors “are not open to any parties who do not have a legitimate bankruptcy objective or seek to use bankruptcy to hinder or delay their creditors,” Vara continued.
For its part, J&J maintains there is no definitive evidence to suggest that its talc products, including its iconic baby powder, can cause cancer. J&J has adopted the products of the market, first for North America in 2020–and the remainder of the globe later this year.
J&J is determined to stay clear of the expense of going to trial. J&J has won the majority of the cases that have been decided during trial, however, some losses have been very harsh.
A highly publicized trial in Missouri resulted in an $4.7 billion verdict against the drug maker, which 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 cases involving talc, which are being appealed or concluded. Of the 41 trials, 32 have resulted in a win by J&J as well as mistrials or verdict for a plaintiff that was overturned on appeal. 844-bad-talc. Additionally, the company in 2020 moved to settle over 1000 cases for $110 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – 844-Bad-Talc
Our lawyers handle baby powder cases in all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been in the process for several years. 844-bad-talc. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in many products, including Baby Powder or Shower to Shower and Shower to Shower, could cause ovarian cancer in certain women.
This page gives a J&J Talc Power litigation update and examines how the coming bankruptcy ruling affects the final settlement amounts of the ovarian cancer lawsuits.
Did the deadline expire for you to file a talcum powder lawsuit? Many who assume the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – 844-Bad-Talc
June 2, 2023 Update: During the trial for asbestos-containing talc at the trial in California yesterday, some technical issues disrupted the opening statements made by defense lawyers. 844-bad-talc. Jurors who were watching at home via Zoom but did not hear Johnson & Johnson’s lawyer voice his doubts about the 70s research claiming asbestos was present in their product, but the opening was abruptly ended.
The plaintiff could introduce its first expert witness Arthur Langer. Langer explained that the occurrence of other minerals in the talc mineral is a given. He said that his team was notified by J&J in 1971 about the presence of chrysotile asbestos in the company’s talc, albeit at lower than 0.1 percent. He also discovered more asbestos in 1976.
June 1, 2023 Update: 844-bad-talc. A trial for the first time since J&J took the decision to disband its Talc division and declare bankruptcy marks an important point within the ongoing litigation drama. Trial began yesterday in the harrowing case of a young 24-year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma in the past year, a diagnosis lawyers on both sides acknowledge is a tragedy of a different kind.
The opening statements exposed the huge differences between the sides’ narrative. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging the use of deceptive methods in their research practices as well as throughout the litigation procedure. As per the lawyer, the company attempted to manipulate the definition of asbestos in spite of internal documents from 1978 and 1994 showing that asbestos fibers found in tissue of the plaintiff are included.
Johnson & Johnson’s precarious $8.9 billion settlement offer hangs in the balance as we course of this trial. Despite the distinctive nature of the mesothelioma trial and its unique challenges compared to other lawsuits involving talcum powder ruling in favor of the plaintiff could cause the company with a major setback in its hopes of broad acceptance of their settlement proposal among plaintiffs.
May 31st 2023: Update from Johnson & Johnson’s bankrupted talc unit has was able to defend its 2nd Chapter 11 filing in the face of challenges from victims of talc injuries. In a written objection to the New Jersey bankruptcy court, the company argued that the case differed fundamentally from the earlier filing. It also emphasized the unprecedented commitment to $8.9 billion in settlement from J&J as the largest ever settlement in a mass tort bankruptcy case. 844-bad-talc. Not mentioned: how the amount of the settlement signifies that it’s an equitable settlement. J&J also claimed support from a variety of plaintiffs’ law firms representing over the 60,000 plaintiffs. It is difficult to confirm but it’s likely to be false.
May 24 2023 Update: In the wake of Johnson & Johnson’s bankruptcy in 2021 filing, the first trial regarding its cosmetic talc products that are believed to comprised of asbestos is set to start jury selection on Monday in California at Alameda County Superior Court, a historically good court for plaintiffs. The plaintiff asserts that his mesothelioma resulted from asbestos exposure in J&J’s product, an allegation that the company 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 currently fighting over who should be appointed to the role of a the future claims representative, an important role essential to the resolution of the talc claims. 844-bad-talc. Randi Ellis, a lawyer who frequently appears in MDLs across the country was appointed the claims representative in the initial bankruptcy. J&J’s defense team wants Ellis to be named to the position yet again, but the lawyers for the talc plaintiffs are objecting to the claim that Ellis has an interest conflict that should prevent her from being appointed to that post in the future. The dispute stems from issue that Ellis was reportedly involved in drafting the hotly contested 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 fake company J&J created for the talc bankruptcy disclosed to a New Jersey bankruptcy court that they have allocated $400 million to settle claims brought by states accusing the company of deceptive advertising regarding its talc products. 844-bad-talc. This amounts to an $8.5 billion settlement to cancer victims. It is hard to imagine any scenario in which J&J can push these settlements for babies at these numbers. While J&J’s proposed $8.5 billion offer might seem like a lot of money initially, it may not look great when you look at the numbers. This settlement offer based on our rough calculations would not offer victims anything more than a median settlement of $100,000 per instance. This isn’t enough.
May 15th 2023 Update: J&J may be in the middle of a lawsuit by an advocacy group representing cancer patients. 844-bad-talc. The group claims J&J intentionally canceled a $61.5 billion contract for funding that it had with its company subsidiary LTL Management LLC, to create the appearance of financial hardship and verify the unit’s Chapter 11 bankruptcy filing. The group claims this decision could be interpreted as a fraudulent transfer of the right to compensation for victims. They are planning to study J&J’s actions in the wake of the denial of the first bankruptcy case of LTL.
May 10 2023 Update: Next week in this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy filing of J&J subsidiaries LTL Management. In the meantime, however the bankruptcy has issued an order which requires both sides to participate in a new settlement mediation in the hope that an international settlement agreement can be reached.
May 5 2023 Update: The talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. 844-bad-talc. Over 2,700 people have sued the company and it has been paying $1 million per month for legal defense. The company’s recent $29million settlement that was handed down in South Carolina forced it to seek bankruptcy protection, arguing for an equitable distribution of assets between talc claimants rather than being confiscated through the receiver. Other suppliers of talc have declared bankruptcy because of the litigation.
May 4 2023 Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to resume negotiations with lawyers who rebuffed the company’s $8.9 billion settlement offer. At Trenton, New Jersey yesterday the parties appeared in court to discuss next steps in the second bankruptcy case and Judge Kaplan encouraged further settlement talks.
This is the best way to settle these claims with J&J. A baby powder settlement can be completed. 844-bad-talc. However, it will require more money, more billions of dollars – from Johnson & Johnson.
Lawyers are divided over whether or not to accept the plan and not all clients see the issue the same way their attorney does. This second case of bankruptcy is likely to fail as Judge Kaplan has scheduled a hearing for June to determine if she will close the case for the third time.
May 3, 2023 Update: A group of cancer patients suing Johnson & Johnson (J&J) demanded for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation surrounding talc-based products. The group representing the claimants submitted a motion on Tuesday, asking to the Third Circuit to consider their case and then send it back the lower court, with instructions to dismiss the bankruptcy. 844-bad-talc. The committee also requested that the halted tort litigation against J&J allow the litigation to proceed.
LTL requested Chapter 11 protection once again after its first bankruptcy filing was rejected in the Third Circuit earlier this year, offering a $8.9 billion agreement. The committee says that the recent decision allowing the second Chapter 11 to continue, as well as halting the trials against J&J and J&J, requires immediate Third Circuit review. The US Trustee has also requested the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a statement to the appeals court characterizing the filing as an “desperate and legally insufficient effort” by a handful of law firms with conflicts of financial interests.
May 1 2023 Update: A common question that people ask is how could the plaintiffs’ lawyers and their clients turn down $8.9 billion. Of course, it’s an enormous amount of money. But there are plenty of victims. 844-bad-talc. These are actually a good arguments for plaintiffs. We were reminded of this last week with two talc trials ended in large verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon led to the verdict in the amount of $18.1 million. In the same month, a different talc mesothelioma case went to hearing in South Carolina and resulted in a verdict of $29million in favor of plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc., one of the leading suppliers of talc within the U.S.
April 30th, 2023 Update: When J&J first attempted to drag the litigation over talcum powder into bankruptcy, it was met with an offer to set aside $2 billion to settle the case. This was an absurdly low amount. None of the talc plaintiffs supported the proposal. This time, however, J&J has increased the offer to $8.9 if the talc plaintiffs accept a bankruptcy settlement and they also have the backing of a significant part of the talc-related plaintiffs as well as their lawyers. 844-bad-talc. But 75% of the plaintiffs of talc are required to approve bankruptcy plans is not an easy task with so many lawyers with vast inventories of baby powder litigations opposed to the settlement.
What can be done to end the impasse? More billions.
April 25, 2023 Update Talc cancer claimants have asked a judge to reject their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, declaring that the company isn’t financially strained. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. 844-bad-talc. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not a candidate for bankruptcy relief as it had not demonstrated financial trouble.
The claimants assert that LTL’s third Chapter 11 case is an abuse of the bankruptcy system and it is being pursued in bad good faith. J&J states that the bankruptcy settlement receives “significant support” from firms representing approximately 60,000 people who are claiming. It’s safe to say that the plaintiffs’ attorneys and the victims are split over this $8.9 billion deal.
April 21, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that it sold tainted baby powder causing cancer. Although trials for the lawsuits involving talc are delayed for a minimum of 60 days and new lawsuits are able to be filed and lawyers can begin preparing their cases. 844-bad-talc. The judge expressed his doubts about J&J’s attempt to revive its strategy by filing the second bankruptcy case.
April 13 2023 update: the most important update is about the $8.9 billion over 25 years offer for settlement. Lawyers representing cancer victims within MDL class action MDL collective action promised to fight the settlement alongside the talc claimants. Why? They argue that it’s not enough to pay for those suffering from cancer who are 70,000. 844-bad-talc. These lawyers believe that J&J should negotiate a larger settlement or pursue individual claims if the most recent bankruptcy is thrown out.
However, there is a second lawyer group that isn’t part of the leadership group in that class action. These lawyers have collectively amassed many thousands of cases. This group wants to settle today for what is believed to be less than the victims deserve. The argument they make is twofold. The first is that they claim the settlement of around an average of $100,000 per plaintiff is fair.
That is a hard argument to prove. But their second argument has more teeth: victims can no longer wait and want to get their money right now.
April 12 2023 Update: Many are seeking out how J&J can go through bankruptcy again. The answer is complex and complex. However, let’s attempt to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future lawsuits involving talc conclusively. In other words, it thinks it will pay less should there be a bankruptcy element that creates pressure to negotiate a settlement. 844-bad-talc. In a quest to cover 400 years of American history, the company asserts that bankruptcy benefits all parties by distributing settlement payments more equitably and effectively than trial courts, where litigants are awarded significant payouts, while others are left with nothing.
The main thrust 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, which is what Congress considered when it was drafting the Bankruptcy Code. However, the court also ruled it was not in financial crisis due to the fact that J&J promises unlimited funding.
So J&J did not hesitate to take advantage of the funding unlimited part of the contract and did not promise that it would provide unlimited funds for cases. The company says that its updated financing arrangements with its subsidiary addresses the concerns of the appellate court, while supplying funds for claim payments. It’s as if giving victims less money will solve the overarching problem.
Lawyers representing cancer victims who do not agree with the agreement counter this argument by saying that it is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s earlier decision. Hyperbole was not spared: victims’ lawyers call it the largest “fraudulent deal in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe that this bankruptcy will last. But it’s a way to push for this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10 2023 Update: Bloomberg has an interesting piece on a law that has been passed of New Jersey that is shedding new light on litigation funding in the baby powder class action lawsuit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) regarding talc products, in exchange for a share of any profits. J&J is now offering that it will pay $8.9 billion to settle lawsuits.
The funders’ involvement is made public because of the New Jersey court rule requiring the disclosure of certain information about funders outside the state. This rule is intended to respond to the increasing calls for regulation of the litigation funders. J&J is facing more than 60,000 claims when you take into account state and federal child powder-related lawsuits. Third-party funding for mass tort lawsuits has pros and cons. There is no doubt that we are seeing how third-party financing can help level the playing field between people and big corporations in court.
April 4 2023 Update: It is fun to watch the worm turning in this lawsuit. J&J has taken another blow this week, when the Third Circuit denied J&J’s request to continue the automatic stay during the time that J&J appeals an order granting bankruptcy in the U.S. Supreme Court. It has stopped thousands of talcum powder cases and stopped any the filing of new lawsuits ever since J&J initiated the controversial effort to spin talc-related liabilities off into a bankrupt company over one year back. 844-bad-talc. After the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was lifted. J&J wanted to see it stayed in place until an appeal to 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. The likelihood that 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 were filed and incorporated into the class action for talcum powder MDL within a year. Seven new talc-related lawsuits were brought into the MDL during the month of March which brings the total number of cases in the pending process up to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee has now demanded that authorities from the U.S. Government Accountability Office (GAO) initiate an investigation into the amount J&J product containing talc has cost the government over the many years.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of failing to recognize the dangers of its talc products over long while tax dollars spent treating those injured by exposure to the chemicals. The demand comes just weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
844-bad-talc. J&J must begin making reasonable settlement offers for victims in order getting this behind. This is a blemish on one of the most prestigious firms.
February 14 2023 Update: At an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation 844-bad-talc. 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!
>>> 844-Bad-Talc