You May be Entitled to Significant Compensation Baby powder 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 for talc would pay $440 million US state AGs. Baby Powder 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 ingredients cause cancer. Baby powder lawsuits.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay different types of cancer victims in an arrangement for bankruptcy. Baby powder lawsuits. J&J has said that its talc products are safe and do not cause cancer. J&J is seeking an additional time to conclude more than 38,000 lawsuits filed in bankruptcy and prevent new cases from coming forward in the future.
LTL’s bankruptcy plans would deposit $400 million into an additional trust to settle claims brought with state attorneys general claiming that J&J had violated the state’s unfair commercial practices as well as consumer protection laws by misinforming consumers regarding the quality of its talc products.
Several states had begun consumer protection actions against J&J before LTL’s first bankruptcy filing prevented those investigations from proceeding in 2021. Baby powder lawsuits. New Mexico and Mississippi had already launched lawsuits for damages against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court papers.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy, joining cancer victims and The U.S. Justice Department’s bankruptcy watchdog, who have argued that a successful company like J&J can’t benefit from bankruptcy protections aimed at people with debt problems.
LTL’s first attempt at resolving the bankruptcy cases was dismissed following similar arguments, when a U.S. appellate court ruled that LTL did not have “financial distress” and therefore not eligible for bankruptcy protection. Baby powder lawsuits. LTL had filed for bankruptcy again within two hours of that dismissal, arguing that its second attempt was different as it had less money available and had a greater chance of securing the settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s new bankruptcy violates state law enforcement powers in attempting to unilaterally limit the liability of the company in state consumer protection laws.
Baby Powder Lawsuits
LTL’s new filings also included additional details about how the company would evaluate and pay for cancer claims when the bankruptcy plan is approved.
The maximum amount under the settlement will be $500,000 to those diagnosed with mesothelioma that is terminal before age 45 and $260,000 for patients diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement offers discounts based on the type and severity of the cancer, the person’s age, history of using talc and other factors. Baby powder lawsuits. For example someone who regularly used the talc product on a regular basis, had an ovarian cancer family history, cancer, and was diagnosed with Stage II cancer of the ovary when she was 55 might qualify for a $21,125 payout under the settlement plan.
Judge gives order to J&J, talc opponents to take part in settlement talks.
Following another round of hearings in Johnson & Johnson’s effort to implement a Texas Two-Step bankruptcy strategy for 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 bid for LTL Management–a subsidiary established by J&J to handle the claims company made a settlement offer of $8.9 billion. Baby powder lawsuits. While a group of law firms representing plaintiffs is in favor of the offer, another group is against the settlement.
Earlier this week, the opposition group, which is known as”the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case asserting that LTL is not considered to be financially distressed.
“The filing is an unjust and legally flawed attempt by a tiny number of law firms to stop claimants from deciding on the resolution plan, a plan the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Baby powder lawsuits. “The law firms involved in this filing have financial interests that are in conflict with, differ from and oppose the interests of their clients. We’ll be submitting an appeal to the appellate court.”
Baby powder lawsuits. Clay Thompson, a lawyer for MRHFM which includes more than patients with mesothelioma who have filed lawsuits against J&J for bankruptcy, told the second bankruptcy attempt of J&J failed.
“J&J issues press releases about how great the plan is but simultaneously requesting that details of the plan, such as what individual sick people would actually receive — be kept private,” Thompson said in the statement. “What is J&J’s plan to keep secret?”
Kaplan has commanded the parties to come up with another reorganization plan, under the oversight from two mediators.
As of February 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would free the company from the thousands of lawsuits regarding its talcum products.
In the month of January, an appeals court in the United States overturned the verdict, ruling that the business could not be considered in “financial difficulty.”
The J&J’s plan to make an appeal before the U.S. Supreme Court was rejected the same month, J&J was granted a second petition for bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to accept an additional bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B talc litigation charge.
With two Chapter 11 attempts, J&J has purchased 19 months of which cases were put held. Baby powder lawsuits. The company would like claimants to take a vote to accept their settlement. J&J needs 75% acceptance for the deal to pass.
In addition to the group of talc lawyers who panned the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee which is a division from the U.S. Department of Justice has also filed motions to dismiss LTL’s bankruptcy second case.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest but unfortunate debtors.” The doors “are not available to anyone who do not have a legitimate bankruptcy reason or want to use the bankruptcy process to delay or hinder their creditors.” Vara continued.
In its own words, J&J maintains there is no definitive evidence to suggest that its Talc-based products, such as its iconic baby powder, can cause cancer. J&J has taken the products of the market, first for North America in 2020–and the remainder of the globe later this year.
J&J intends to steer clear of the costly business of going to court. The company has won the majority of the cases decided during trial, however, certain losses have been extremely severe.
A highly-publicized trial in Missouri ended in a $4.7 billion verdict against the drug maker and was later lowered to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine cases involving talc, which are on appeal or have been decided. Of the 41 trials, 32 have ended in the favor of J&J as well as mistrials or verdict of a plaintiff overturned after appeal. Baby powder lawsuits. In addition, J&J has announced plans to settle more than 1000 cases for $100 million, Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Baby Powder Lawsuits
Our lawyers handle baby powder lawsuits across all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been going on for a long time. Baby powder lawsuits. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient found in products such as the Baby Powder and Shower to Shower which can cause ovarian cancer among some women.
This page provides an J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling affects the final settlement amount of the cases of ovarian cancer.
Did the deadline expire for you to start a lawsuit against talcum powder? Many who assume the statute of limitations has passed 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 – Baby Powder Lawsuits
June 2 2023 Update: At the trial for asbestos-containing talc at the trial in California yesterday, a couple of technical issues halted the opening speech of defense attorneys. Baby powder lawsuits. The jurors, attending from home via Zoom, did hear Johnson and Johnson’s lawyer express skepticism about the 70s science affirming the presence of asbestos in their product prior to the proceedings abruptly ended.
Meanwhile, the plaintiff was able to present their first witness, Arthur Langer. Langer explained that the occurrence of other minerals in talc is inevitable. He testified that his team had notified J&J in the year 1971 about the presence of chrysotile asbestos in the talc manufactured by the company, though in just 0.1 percent. He also found more asbestos in the year 1976.
June 1, 2023 Update: Baby powder lawsuits. This is the first court trial that has taken place since J&J made the decision to split its Talc section and declaring bankruptcy is an important moment in the ongoing talc litigation story. Trial started on Monday in the tragic case of a young 24 year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma last year, which both sides believe is a tragic loss.
The opening statements exposed the huge differences between the sides’ story. The plaintiff’s attorney took aim at Johnson & Johnson, alleging the use of misleading strategies in its research practices as well as throughout the litigation process. According to the attorney Johnson & Johnson tried to alter asbestos’ definition, despite internal documents dating back to 1978 and 1994 showing that fibers discovered in the tissue of the plaintiffs are included.
Johnson & Johnson’s uncertain $8.9 billion settlement deal hangs in the balance with the development of the trial. Despite the distinctive nature of this mesothelioma-related case and its distinctive issues in comparison to other lawsuits involving talcum powder, a verdict favoring the plaintiff could cause the company with a major setback in its hope of gaining broad acceptance for their proposed settlement among plaintiffs.
May 31st 2023 Update: Johnson & Johnson’s bankrupt talc unit is defending their two-time Chapter 11 filing in the in the face of challenges from victims of talc injuries. In an objection submitted to the New Jersey bankruptcy court, the company argued that the filing differed fundamentally from the earlier filing. It highlighted the extraordinary commitment to $8.9 billion from J&J the biggest settlement ever to be made in any bankruptcy case that involves mass tort. Baby powder lawsuits. It was not mentioned how the amount of the settlement signifies that it’s a fair settlement. J&J also claimed support from several plaintiffs’ legal companies representing over 60,000 claimants. This is hard to verify but likely incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial regarding its cosmetic talc items allegedly containing asbestos is set to start jury selection Monday in California with Alameda County Superior Court, which is a well-known jurisdiction for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure through J&J’s products which J&J does not deny. The trial also involves six retailers accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers involved in the second J&J talc bankruptcy are now disputing who should be appointed to the position of future claims representative. This is an important role essential to the resolution of the talc claims. Baby powder lawsuits. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed the claims representative in the initial bankruptcy. J&J’s defense team wants Ellis to be appointed to this position and again, but attorneys for the talc plaintiffs have raised objections on the grounds that Ellis has conflicts of interest that should prevent her from being appointed to that post for the second time. The conflict stems from the reality that Ellis was apparently involved in the drafting of the highly litigated second bankruptcy, which raises concerns about her capability to remain neutral. The reality is the bankruptcy will be tossed out anyway.
May 17, 2023 Update: The pretend company that J&J put together to settle the talc litigation bankruptcy informed a New Jersey bankruptcy court that they have designated $400 million to settle claims of states that accuse the company of deceptive advertising for its talc-based products. Baby powder lawsuits. It’s a $8.5 billion settlement for cancer victims. It’s difficult to imagine any scenario in which J&J can get these settlements for babies at these numbers. Although J&J’s $8.5 billion offer seems like a large sum initially, it will not look great when you do the math. This settlement proposal – by our rough calculations would not provide victims with much more than $100,000 per case. It’s not enough.
May 15th 2023 Update J&J may be in the middle of a lawsuit by an advocacy group representing cancer victims. Baby powder lawsuits. The group argues that J&J deliberately withdrew an $61.5 billion financing agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial stress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims this decision could be interpreted as a fraudulent transfer of rights of compensation for victims. They plan to explore J&J’s actions as a result of the decision to dismiss the first bankruptcy case of LTL.
May 10 2023 Update: Next week next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy petition filed that was filed by J&J company LTL Management. In the meantime it has approved an Order which requires both sides to participate in a settlement mediation in the hope that an international settlement agreement can be reached.
May 5, 2023: Update on Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Baby powder lawsuits. Over 2,700 people have sued the firm, and it was paying $1 million per month on legal defense. The company’s recent $29 million verdict in South Carolina forced it to seek bankruptcy protection, arguing for a fair distribution of assets to talc claimants, rather than being confiscated from the receiver. Other talc suppliers have also declared bankruptcy because of lawsuits.
May 4 2023 Update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to relaunch negotiations with lawyers who rejected the proposed $8.9 billion settlement offer. It was in Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps to take in this second case of bankruptcy. Judge Kaplan pushed more settlement talks.
This is the best way to resolve the claims of J&J. The baby powder settlement is likely to be made. Baby powder lawsuits. But it will require more money – billions of dollars – from Johnson & Johnson.
Lawyers are divided over whether to accept the proposal and not every client views this issue the same way their lawyer does. Second bankruptcy cases are likely to fail, with Judge Kaplan has scheduled a hearing for June to decide whether to discharge the bankruptcy for the 2nd time.
May 3 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) requested that J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation over talc products. The group representing the claimants made a motion Tuesday, asking the Third Circuit to consider their case and send it back to a lower court with instructions to dismiss the bankruptcy. Baby powder lawsuits. They also requested that the lawsuit against the halted torts of J&J be allowed to proceed.
LTL requested Chapter 11 protection once again after its bankruptcy filing was denied in the Third Circuit earlier this year and offered a $8.9 billion deal. The committee says that the recent ruling allowing LTL’s second Chapter 11 to continue, as well as halting the trials against J&J is a reason for an immediate Third Circuit review. The US Trustee has also requested an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a response to the appeals court saying that the filing is an “desperate and legally deficient move” by a few of law firms who have different financial interests.
May 1st 2023 Update: One frequently asked question is how could plaintiffs and their lawyers be able to turn around $8.9 billion. That’s of course an enormous amount of money. But there are plenty of victims. Baby powder lawsuits. These are an excellent cases for plaintiffs. We were reminded of this recently in two talc trials which led to huge verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon led to the verdict in the amount of $18.1 million. The following month, a second talc mesothelioma case went to the court on the other side of South Carolina and resulted in a verdict of $29million on behalf of the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc., one of the top producers of talc in the U.S.
April 30 2023 Update: When J&J initially tried to take the lawsuit over talcum powder into bankruptcy, it came with an offer to set aside $2 billion for settlements. It was a ridiculously small amount. There was no one among the talc victims who supported the offer. This time, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they accept a bankruptcy settlement and they also have the support of a large section of the talc victims as well as their lawyers. Baby powder lawsuits. But with 75% of talc plaintiffs, which is required for bankruptcy plan approval is not an easy task due to the sheer number of lawyers with large inventories of baby powder lawsuits that are opposed towards the agreement.
What are the solutions to the impasse? More billions.
April 25 2023 update: Talc plaintiffs have requested a judge to reject the Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, insisting that the company is not financially distressed. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Baby powder lawsuits. The 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not a candidate for bankruptcy relief because it failed to show financial trouble.
The plaintiffs argue that the Second Chapter 11 case is an misuse of the bankruptcy system and it’s being pursued in bad good faith. J&J asserts that the bankruptcy settlement has “significant backing” from the firms that represent approximately 60,000 claimants. It’s fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are divided on what they believe is an $8.9 billion deal.
April 21st, 2023 Update: A bankruptcy judge has decided 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 a minimum period of 60 days however, new lawsuits may be filed, and lawyers are able to begin preparing their cases. Baby powder lawsuits. The judge expressed his doubts about J&J’s ridiculous effort to revive its strategy with a second bankruptcy case.
April 13 2023 update: the most important announcement is an $8.9 billion over 25 years settlement offer. Lawyers representing cancer victims in MDL class action MDL collective action promised to challenge the settlement Talc claimants. Why? They argue that it’s not enough money for more than 70,000 cancer victims. Baby powder lawsuits. These lawyers believe that J&J should negotiate a bigger settlement or settle individual claims in the event that the latest bankruptcy is dismissed.
There is a different lawyer group that isn’t part of the top leadership in the class action. They have amassed the equivalent of tens of thousands of lawsuits. They want to settle with what they believe is far less than what these victims deserve. Their argument is two-fold. They argue that the settlement of around the equivalent of $100,000 per plaintiff is fair.
This is an argument that is difficult to make. However, their second argument has more force: victims should not afford to wait any longer and need their money now.
April 12, 2023 Update: People are asking how J&J can file for bankruptcy again. The answer is complex and complicated. Let’s try to simplify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to address both present and future talc litigations in a definitive manner. That is, it thinks it can get a lower rate when there is a bankruptcy component that applies pressure to negotiate a settlement. Baby powder lawsuits. Going back to hundreds of years of American history, the firm asserts that bankruptcy benefits all parties as it distributes settlement payments more evenly and efficiently than trial courts, which are where litigants get significant award while others do not.
The basic tenet of the 3rd Circuit decision was this is not a case of one that makes a profit, but an entity to assume the legal risk and declare bankruptcy, which is what Congress considered when it was drafting the Bankruptcy Code. However, the court also ruled that the subsidiary was not financially crisis because J&J offered unlimited financing.
This is why J&J did not hesitate to take advantage of the funding unlimited part of the agreement and didn’t make any promises to offer unlimited funding for the litigation. J&J claims that its new financing agreements with its subsidiary address appeals court’s concerns, while offering claim payment funds. As if offering victims lower amounts of money would resolve the overarching problem.
Lawyers representing cancer patients who do not agree with the agreement counter this by arguing that the plaintiff is the legal argument. Baby powder lawsuits. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s ruling. Hyperbole was not spared: victims’ lawyers call it the most significant “fraudulent move of assets 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 to keep the pressure on plaintiffs.
April 10, 2023 update: Bloomberg offers an informative report on a brand new law of New Jersey that is shedding new light on litigation funding in the baby powder Class action suit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) regarding talc products, in exchange for a share of any settlements. J&J is now willing the payment of $8.9 billion in settlements for all lawsuits.
The involvement of the funders is publicly available because of a New Jersey court rule requiring the disclosure of certain information about funding sources outside of the. The law is designed to tackle the growing demands for the regulation of lawsuit funders. J&J faces over 60,000 claims when you combine federal and state infant powder litigation. Third-party funding of mass tort cases has its pros and cons. However, there is no doubt that we are seeing how third-party funding can level the playing field between people as well as large corporations in court.
April 4 2023 Update: It’s interesting to watch the worm turn in this case. J&J took another hit this week, when they were denied by the Third Circuit denied J&J’s request to continue the automatic stay as J&J appeals a bankruptcy ruling at the U.S. Supreme Court. Automatic stays have halted the cases of talcum powder in a number of years and prevented new lawsuits from getting filed ever since J&J launched the controversial attempt to spin the talc liabilities off into a bankrupt company over a year earlier. Baby powder lawsuits. When the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was lifted. J&J had hoped to have it stayed in place until an appeal to the SCOTUS appeal. However, 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 odds that of 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 have been filed and transferred into the Talcum Powder class action MDL in just over a year. Seven new talc lawsuits have been brought into the MDL in the last month increasing the 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) launch an investigation into the amount J&J Talc products have cost the government over the years.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the risks of its talc products for decades while tax dollars were used to treat those who were injured through exposure to the product. The suit comes just a few days after J&J’s major loss in the 3rd Circuit Court of Appeals.
Baby powder lawsuits. J&J has to begin making reasonable settlements for victims in order getting this behind it. It’s a mark on one of the world’s greatest businesses.
February 14 2023 Update: During a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Baby powder 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!