You May be Entitled to Significant Compensation Can i use talc free baby powder on my baby. 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 make payments of the sum of $400 million US state AGs. Can I Use Talc Free Baby Powder On My Baby .
Johnson & Johnson (JNJ.N) has put aside $400 million to resolve U.S. state consumer protection actions as part of its broad $8.9 billion plan to settle claims that its Baby Powder and other talc ingredients cause cancer. Can i use talc free baby powder on my baby.
J&J subsidiary 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 a bankruptcy settlement. Can i use talc free baby powder on my baby. J&J has said that its products containing talc are safe and won’t cause cancer. The company is trying for the second time to end more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from being filed in the near future.
The bankruptcy plan of LTL would pay $400 million to an additional trust to settle lawsuits filed by state attorneys general alleging that J&J had violated laws against unfair business practices in the State of New York and consumer protection laws by misleading consumers about the quality of its talc products.
Some states had started consumer protection lawsuits against J&J before LTL’s first bankruptcy filing prevented those investigations from moving forward in 2021. Can i use talc free baby powder on my baby. New Mexico and Mississippi had already filed suits with 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 LTL’s court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy along with cancer sufferers as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. They have argued that a successful business like J&J is not eligible for bankruptcy protections meant for the struggling debtors.
The company’s initial attempt to resolve the lawsuits in bankruptcy was thrown out after similar arguments. A U.S. appellate court determined that LTL did not have “financial difficulty” and thus not eligible of bankruptcy protection. Can i use talc free baby powder on my baby. LTL declared bankruptcy a second time in just two hours following that dismissal, arguing that its second attempt was different in that it had less money and had a greater chance of securing a settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement powers by trying to unilaterally cap the liability of the company for state consumer protection measures.
Can I Use Talc Free Baby Powder On My Baby
The filings of LTL’s latest bankruptcy proceedings also include additional details about the way in which the company will evaluate and pay for cancer claims if the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 for 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 offers discounts based on the type and severity of cancer, an individual’s years of age, their history of talc use and other factors. Can i use talc free baby powder on my baby. For instance an individual who was using talc products on a weekly basis, who had an ancestral history of ovarian cancer and was diagnosed with stage II ovarian cancer at age 55 might qualify for a $21,125 payout under the settlement plan.
Judge decides J&J and talc opponents to engage in settlement talks.
Following another hearing in Johnson and Johnson’s efforts to employ a Texas Two Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the plan to hold talks to reach a settlement, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary created by J&J to hold the claims–the company offered a settlement of $8.9 billion. Can i use talc free baby powder on my baby. While one group of law firms representing plaintiffs agree with the deal, another group is against the settlement.
Earlier this week, the opposition group, known as the Official Committee of Talc Claimants and urging the bankruptcy court for dismissal of the matter argument that LTL can not be considered in financial distress.
“The filing is a desperate and legally deficient attempt by a few of law firms to try to prevent claimants from voting on the resolution plan–a plan that the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Can i use talc free baby powder on my baby. “The law firms behind this filing have financial interests that conflict with, diverge from and are in opposition to the interests which their clientele. We will be submitting an appeal to the appellate court.”
Can i use talc free baby powder on my baby. Clay Thompson, a lawyer for MRHFM that boasts more than mesothelioma victims who have sued J&J and J&J, has said that J&J’s second bankruptcy attempt is likely to fail.
“J&J publishes press release describing how fantastic its plan is, while insisting that the details of its plan–including the treatment each sick person will receive,” Thompson said in an announcement. “What is J&J’s plan to hide?”
Kaplan has commanded the parties to devise a second arrangement plan under the supervision of two mediators.
On February 20, 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that will free J&J from the hundreds of thousands of claims concerning its talcum products.
In January of this year an appeals court in the United States overturned the decision, ruling that the company could not be considered to be in “financial trouble.”
After J&J’s appeal to the U.S. Supreme Court was denied at the end of April J&J was granted a second petition for bankruptcy about two hours later. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow to file for bankruptcy again.
J&J’s unstoppable profit machine sputters after $6.9B the talc litigation cost.
In the 2 Chapter 11 attempts, J&J has been able to buy 19 months in which cases were placed on hold. Can i use talc free baby powder on my baby. The company would like claimants to accept their settlement. J&J would need 75% support for the deal to go through.
Alongside the group of talc lawyers who panned LTL’s bankruptcy plan as well, the U.S. Trustee is an arm of the U.S. Department of Justice, also filed a motion to dismiss LTL’s bankruptcy second case.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest, but naive debtors.” Those doors “are not open to parties that do not have a legitimate purpose or that seek to abuse the bankruptcy process to hinder or delay their creditors.” Vara continued.
For its part, J&J maintains there is no conclusive evidence that its talc products, including its famous baby powder, can cause cancer. J&J has taken the products of the market–first to be available in North America in 2020–and the rest of the world this year.
J&J wants to avoid the expense of going to court. The company has won the majority of cases decided during trial, however, some losses have been very punitive.
A highly-publicized trial in Missouri produced an $4.7 billion verdict against the drug company, 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 trial cases in talc which are being appealed or settled. In 41 trials 32 have ended in an outcome for J&J either through a mistrial or plaintiff verdict that was annulled on appeal. Can i use talc free baby powder on my baby. Separately, the company in 2020 moved to settle nearly 1,000 cases for the sum of $100 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Can I Use Talc Free Baby Powder On My Baby
Our lawyers are handling the baby powder litigation in every state. The talcum powder lawsuits for Johnson & Johnson have been ongoing for many years. Can i use talc free baby powder on my baby. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in products such as Shower to Shower Powder or Shower to Shower which can cause ovarian cancer in some women.
This page gives a J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling will affect the final settlement amounts in these ovarian cancer lawsuits.
Has the deadline passed for you to bring a talcum lawsuit? Many people who think the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Can I Use Talc Free Baby Powder On My Baby
June 2 2023 Update: In the asbestos talc case which took place in California yesterday, a few technical issues halted the opening statements of the defense lawyers. Can i use talc free baby powder on my baby. Jurors watching from their homes via Zoom, did hear Johnson & Johnson’s lawyer voice his doubt about the science of the 70s that claimed asbestos was present in their product before the trial was abruptly closed.
In the meantime, the plaintiff could present the first of their witnesses, Arthur Langer. Langer said that the presence of additional minerals along with talc is inevitable. He testified that his team informed J&J in the year 1971 about the presence of chrysotile asbestos within the talc of the company, but with lesser than 0.1 percent. He also uncovered more asbestos in 1976.
June 1, 2023 Update: Can i use talc free baby powder on my baby. This is the first court trial that has taken place since J&J has decided to separate its Talc section and declaring bankruptcy marks an important moment of the ongoing litigation drama. Trial began yesterday in the tragic trial of a young plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma last year, a diagnosis lawyers on both sides of the argument agree is a harrowing tragedy.
Opening statements revealed the stark differences in each side’s narrative. The plaintiff’s attorney took aim on Johnson & Johnson, alleging the use of deceitful tactics in research practices and throughout the litigation process. The attorney claims that, according to, Johnson & Johnson tried to alter asbestos’ definition, despite internal documents from 1978 and 1994 showing that asbestos fibers in the tissues of the plaintiff are part of.
Johnson &J’s highly uncertain $8.9 billion settlement is hanging in the balance with the progression of this trial. Despite the distinct nature of this mesothelioma lawsuit and the unique issues it faces compared to most talcum powder lawsuits and a decision in favor of the plaintiff could inflict the company with a major setback in its hopes of broad acceptance of the settlement they have proposed among plaintiffs.
May 31st 2023: Update from Johnson & Johnson’s bankrupt talc unit was able to defend its Second Chapter 11 filing in the in the face of challenges from injured talc claimants. In a written objection to the New Jersey bankruptcy court, the company argued that the filing was vastly different from the previous filing. It emphasized the unprecedented commitment to $8.9 billion to J&J as the largest ever settlement in the history of a mass tort bankruptcy. Can i use talc free baby powder on my baby. The issue is not discussed: whether the size of the settlement means it is an equitable settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms that represent over 600,00 claimants. This is hard to verify however it is likely to be incorrect.
May 24 2023 Update: In the wake of Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial on its cosmetic talc items allegedly comprised of asbestos is set to start jury selection on Monday, May 24, California within the Alameda County Superior Court, which is a well-known place for plaintiffs. The plaintiff claims that his mesothelioma resulted from asbestos exposure through J&J’s products and that the company does not deny. The trial also involves six retailers accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers in the 2nd J&J talc bankruptcy are in a dispute over who should be chosen to fill the position of the future claims representative, an important role important to resolving the talc claims. Can i use talc free baby powder on my baby. Randi Ellis, a lawyer who regularly appears in MDLs throughout the United States was appointed as the claims representative in the previous bankruptcy. J&J’s defense attorneys want Ellis to be appointed to that role yet again, but the lawyers for the talc plaintiffs are objecting to the claim that Ellis has an unrelated conflict of interest that should prevent her from taking on that role again. The conflict stems from the possibility that Ellis was believed to have been involved in drafting the hotly contested second bankruptcy, which raises doubts about her capacity to be neutral. It’s true that this bankruptcy could be dismissed in the end.
May 17th, 2023 Update: The pretend company J&J made up to handle the bankruptcy of talc told the New Jersey bankruptcy court that they had allocated $400 million to settle the claims made by states accusing the company of deceptive advertising for its talc-based products. Can i use talc free baby powder on my baby. It’s a $8.5 billion settlement for cancer victims. It’s hard to imagine any scenario in which J&J can push these settlements for babies with these numbers. While J&J’s proposed $8.5 billion offer seems like a lot of money initially, it will not look great when you do the math. The settlement plan based on our rough calculations, would not provide victims with much more than $100,000 per instance. That’s not enough.
May 15 2023 update: J&J may be in the middle of a lawsuit brought by an advocacy group that represents cancer patients. Can i use talc free baby powder on my baby. The group claims that J&J deliberately withdrew an $61.5 billion funding agreement together with its parent company, LTL Management LLC, to simulate financial stress and verify the unit’s Chapter 11 bankruptcy filing. The group claims this decision is a fraud transfer of the rights of victims’ compensation. They will investigate J&J’s actions after the announcement of the decision to dismiss the LTL’s bankruptcy case in its first instance.
May 10, 2023 Update: Next week this week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy petition filed from J&J subsidiary LTL Management. In the meantime, however the bankruptcy has issued an order that requires both parties to take part in a second settlement mediation to see if a global settlement deal can brokered.
May 5th 2023 Update: The talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer from asbestos exposure. Can i use talc free baby powder on my baby. More than 2700 people have filed lawsuits against the company and it is paying $1 million per month to defend itself. The company’s recent $29million settlement that was handed down in South Carolina forced it to pursue bankruptcy protection, and arguing for an equitable distribution of assets to talc claimants, rather than being confiscated from the receiver. Other suppliers of talc have declared bankruptcy because of lawsuits.
May 4 2023, Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to restart settlement discussions with lawyers who rejected the company’s proposed $8.9 billion deal. At Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps in their second bankruptcy matter and Judge Kaplan was pushing for more settlement discussions.
This is the solution to resolve the claims of J&J. A settlement for baby powder can be completed. Can i use talc free baby powder on my baby. But it will require more money, more billions of dollars – coming from Johnson & Johnson.
Lawyers are divided on whether or not to agree with the proposal and not every client sees the situation the same way their lawyer sees it. A second bankruptcy proceeding is likely to fail, with Judge Kaplan has set a date for a hearing in June to determine if she will close the case for the third time.
May 3, 2023 Update The group of cancer patients who have sued Johnson & Johnson (J&J) demanded for they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation surrounding talc-based products. The committee representing talc claimants submitted 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. Can i use talc free baby powder on my baby. The committee also requested that the halted tort litigation against J&J allow the litigation to continue.
LTL filed for Chapter 11 protection once again after its bankruptcy filing was rejected in the Third Circuit earlier this year and offered a $8.9 billion payment. The committee argues that the recent ruling, which allows the second Chapter 11 to continue, as well as halting the trials against J&J, warrants an immediate Third Circuit review. The US Trustee 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 declaring that J&J plans to file a reply in the appeals court, calling the request a “desperate and legally flawed plan” by a handful of law firms who have conflicts of financial interests.
May 1 2023 Update: One common question that people ask is how could plaintiffs and their attorneys turn around $8.9 billion. Of course, it’s quite a sum. But there are a lot of victims. Can i use talc free baby powder on my baby. And these are really good case for plaintiffs. We were reminded recently in two talc trials which resulted in big verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon led to the verdict in the amount of $18.1 million. The following month, a second mesothelioma trial involving talc was held for hearing on the other side of South Carolina and resulted in the verdict of $29 million to the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the most prominent manufacturers of talc in U.S.
April 30, 2023 Update: When J&J initially tried to take the lawsuit over talcum powder into bankruptcy, it was met with an offer to put aside $2 billion to settle the case. It was a ridiculously small amount. All of the talc plaintiffs supported the offer. This time around, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they agree to a bankruptcy settlement and also has the support of a substantial segment of the talc plaintiffs as well as their lawyers. Can i use talc free baby powder on my baby. But 75% of the talc plaintiffs, which is necessary for bankruptcy plan approval is not an easy task because of the number of lawyers who have large collections of baby powder litigations opposed in favor of the deal.
What can be done to end the impasse? More billions.
April 25, 2023 update: Talc patients have demanded a judge dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, which claims that the business is not financially troubled. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Can i use talc free baby powder on my baby. The 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not a candidate for bankruptcy relief because it was unable to demonstrate financial difficulties.
The claimants contend that LTL’s 2nd Chapter 11 case is an misuse of the bankruptcy system and it is being pursued in bad faith. J&J states that the bankruptcy settlement receives “significant support” from companies representing about 60,000 potential people who are claiming. It is fair to say that lawyers representing plaintiffs and victims ‘ lawyers are divided on this $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge has ruled in favor of Johnson & Johnson must face new lawsuits alleging that the company sold a baby powder that contained a chemical that causes cancer. Although the trials for the lawsuits involving talc are delayed for a minimum period of 60 days however, new lawsuits may be filed and lawyers can begin preparing their cases. Can i use talc free baby powder on my baby. Judges expressed doubt about J&J’s attempt to relaunch its strategy in a second bankruptcy trial.
April 13 2023 Update: The most important update is about the $8.9 billion over the course of 25 years of settlement. Lawyers representing cancer patients who are part of MDL class action MDL collective action promised to fight the settlement with talc claimants. Why? They think it is not enough for those suffering from cancer who are 70,000. Can i use talc free baby powder on my baby. The lawyers say that J&J should negotiate a bigger settlement or settle individual claims if the latest bankruptcy is thrown out.
There is a different group of lawyers that is not part of the top leadership in this class action. They have amassed the equivalent of tens of thousands of lawsuits. The group is seeking to settle with what they believe is less than these victims deserve. Their argument is two-fold. They argue that the settlement, which is about an average of $100,000 per plaintiff – is fair.
It’s a difficult argument to prove. However, their second argument has more force: the victims can be no longer patient and demand to get their money right now.
April 12 2023 Update: Some people are asking how J&J is able to file for bankruptcy again. The answer is complex and convoluted. But let’s try to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future lawsuits involving talc conclusively. That is, it believes it can pay less in the event of a bankruptcy component that applies pressure to settle. Can i use talc free baby powder on my baby. Going back to hundreds of years of American history, the company asserts that bankruptcy benefits all parties as it distributes settlement payments more equitably and effectively than trial courts which are where litigants get significant payouts, while others are left with nothing.
The essence in this 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 – something Congress considered when it was drafting the Bankruptcy Code. But it also said it was not in financial difficulty due to the fact that J&J offered unlimited financing.
Thus, J&J decided to go with the unlimited funding part of the agreement and didn’t promise to provide unlimited funding for litigation. The company claims that new financing agreements with its subsidiary will address concerns of the appellate court, while offering funds to pay claims. As if providing victims with less money would solve the problem at hand.
Attorneys representing cancer patients who are against the agreement argue this argument by saying that it is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s ruling. Hyperbole was not spared attorneys representing the victims claim it the largest “fraudulent transaction in United States history.”
Notwithstanding the legal mumbo jumbo, 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 article about a new law in New Jersey that is shedding new light on litigation funding 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) on behalf of talc products. They exchanged for a portion of any settlements. J&J has now offered an offer of $8.9 billion to settle any lawsuits.
The involvement of the funders is public knowledge because of an New Jersey court rule requiring the disclosure of certain information about outside funding backers. This rule is intended to tackle the growing demands for the regulation of litigation funders. J&J faces over 60,000 claims when you combine state and federal child powder-related lawsuits. Third-party financing in mass tort cases has its pros and pros and. However, there is no doubt that we are seeing how third-party funding could level the playing field between individuals and big companies in court.
April 4 2023 Update: It’s fun to watch the worm turning in this legal battle. J&J suffered another setback this week, when they were denied by the Third Circuit denied J&J’s request to keep the automatic stay in place as J&J appeals a bankruptcy ruling to the U.S. Supreme Court. Automatic stays have frozen hundreds of cases involving talcum powder and stopped any the filing of new lawsuits ever since J&J started the controversial process to spin the talc liability into a bankrupt subsidiary over one year ago. Can i use talc free baby powder on my baby. When it was decided that the 3rd Circuit ruled that this bankruptcy was not valid some months ago, the stay was removed. J&J had hoped to have it remain in effect 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 chance is that the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay having been fully lifted, the first new cases were filed and incorporated into the class action for talcum powder MDL in over one year. Seven new talc cases were joined to the MDL over the last month increasing the number of cases that are pending to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee is now calling for authorities from the U.S. Government Accountability Office (GAO) begin an investigation into how much J&J products containing talc have cost the government in the decades.
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 risks of its talc-based products for years while tax dollars were spent treating those injured by exposure to the chemicals. This lawsuit comes a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Can i use talc free baby powder on my baby. J&J has to begin making reasonable settlements to victims to begin getting this behind it. This is a blemish on one of the most prestigious businesses.
February 14 , 2023 Update: At a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Can i use talc free baby powder on my baby. 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!