Can Talc Be Safe – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Can talc be safe. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!

J&J’s proposed talc settlement will pay 400 million dollars to US state AGs. Can Talc Be Safe .

Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its broad $8.9 billion deal to settle allegations that it’s Baby Powder as well as other talc items cause cancer. Can talc be safe.

J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company will pay various types of cancer sufferers in an arrangement for bankruptcy. Can talc be safe. J&J has declared that its talc products are safe and will not cause cancer. It’s trying for an additional time to conclude more than 38,000 cases in bankruptcy and prevent new cases from being filed in the future.
LTL’s bankruptcy plan will pay $400 million into a separate trust for lawsuits filed from state attorney generals alleging that J&J violated laws against unfair business practices in the State of New York as well as consumer protection laws through misleading consumers regarding the safety of its talc products.

A number of states had already initiated consumer protection lawsuits against J&J prior to the time that LTL’s bankruptcy filing stopped those investigations from moving forward in 2021. Can talc be safe. New Mexico and Mississippi had already initiated lawsuits with Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas, according to LTL’s court documents.

 

 

New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy along with cancer sufferers as well as The U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making company like J&J does not qualify for bankruptcy protections designed for the struggling debtors.
The first time LTL attempted to settle the bankruptcy cases was thrown out after similar arguments. The U.S. appeals court determined in favor of LTL wasn’t in “financial trouble” and ineligible to receive bankruptcy relief. Can talc be safe. LTL filed a second bankruptcy within two hours of the dismissal, saying that its second attempt was different as there was less money available and had a greater chance of securing the settlement.

New Mexico and Mississippi said in their motion to dismiss that LTL’s latest bankruptcy violation of the law enforcement powers of the state by trying to unilaterally cap the company’s liability for state consumer protection laws.

 

Can Talc Be Safe

LTL’s new filings also included more details on how the company would evaluate and settle cancer claims when the bankruptcy plan is approved.

The most significant payments under the settlement will be $500,000 for people diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for people diagnosed with advanced ovarian cancer before age 45.

From there, the proposed settlement applies discounts depending on the kind and severity of cancer, the individual’s years of age, their history of the use of talc, and other aspects. Can talc be safe. For instance, a woman who used talc products weekly, had the family history of ovarian cancer and was diagnosed an ovarian cancer stage II when she was 55 might qualify for a $21,125 payment under the settlement plan.

Judge gives order to J&J and talc opponents to engage in settlement talks.

After another round of hearings in Johnson & Johnson’s effort to employ a Texas Two Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the move to conduct settlement talks, Bloomberg reports.

With its second bankruptcy attempt for LTL management, a subsidiary founded by J&J to manage the claims company proposed a settlement of $8.9 billion. Can talc be safe. While one firm representing plaintiffs agree with the offer, another group is against the settlement.

Earlier this week, the opposition group, dubbed”the Official Committee of Talc Claimants, urged the bankruptcy court for dismissal of the matter by asserting that LTL cannot be regarded as financially distressed.

“The filing is an incredibly legal and ineffective attempt by a few of law firms to stop claimants from voting on the resolution plan – a plan the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Can talc be safe. “The law firms behind this filing have financial interests that are in conflict with, diverge from, and oppose the interests they represent. We’ll be submitting an answer before the court of appeals.”

Can talc be safe. Clay Thompson, a lawyer for MRHFM which boasts more than mesothelioma clients who have sued J&J, said that the second bankruptcy attempt of J&J will fail.

“J&J issues press releases describing how fantastic its plan is while simultaneously insisting that the plan’s details, including what individual sick people would actually receive — be kept private,” Thompson said in the statement. “What is J&J’s plan to hide?”

 

talcum powder lawsuit payout

 

Kaplan has instructed both sides to devise a second reorganization plan, under the oversight from two mediators.

The court in February of 2022 Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that will free the company from the hundreds of thousands of claims concerning its talcum products.

However, in the month of January, a federal appeals court ruled against the decision, 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 turned down at the end of April J&J was granted a second petition for bankruptcy roughly two hours after. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether or not to accept an additional bankruptcy.

J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.

Through Two Chapter 11 attempts, J&J has purchased 19 months of which cases were put held. Can talc be safe. The company is requesting that claimants decide whether they want to accept the settlement. J&J will require 75% approval for the settlement to be approved.

In addition to the team of talc attorneys who have panned LTL’s bankruptcy plan and the U.S. Trustee, an arm that is part of the U.S. Department of Justice is also submitting an appeal to dismiss LTL’s bankruptcy second case.

In a filing this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest but unfortunate debtors.” These doors “are not open to parties that do not have a legitimate reason or want to use bankruptcy to hinder or delay their creditors,” Vara continued.

On the other hand, J&J maintains there is no evidence conclusive that its products containing talc, such as its iconic baby powder, can cause cancer. J&J has adopted the products from the market and will first launch them on North America in 2020–and the rest of the world this year.

J&J seeks to avoid the costly business of going to trial. J&J has won most of the cases decided during trial, however, certain losses have been extremely severe.
A well-known trial in Missouri led to an $4.7 billion judgment against the drug manufacturer, which was later reduced to $2.1 billion after appeals.

Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine talc trials that are either being appealed or resolved. Of the 41 trials, 32 ended with an outcome for J&J either through a mistrial or plaintiff verdicts that were overturned after appeal. Can talc be safe. The company also in 2020 sought to settle more than 1,000 cases worth 100 million dollars, Bloomberg reported at the time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Can Talc Be Safe

Our lawyers handle baby powder cases in all 50 states. The talcum powder lawsuits for Johnson & Johnson have been ongoing for many years. Can talc be safe. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient found in products such as Baby Powder along with Shower to Shower which can cause ovarian cancer in certain women.

This page provides an J&J Talc Power litigation update and explains how the forthcoming bankruptcy ruling will impact the final settlement amounts of the ovarian cancer lawsuits.

Have you reached the deadline by which you to file a talcum powder 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 request a no-cost and quick review of your case online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Can Talc Be Safe

June 2 2023 Update: In the asbestos talc case in California yesterday, technical issues halted the opening statement by the defense lawyers. Can talc be safe. Jurors from their homes via Zoom however, heard Johnson & Johnson’s lawyer voice his skepticism about the 70s science claiming asbestos was present in their product, but the proceedings abruptly ended.

Meanwhile, the plaintiff was able to introduce their first witness, Arthur Langer. Langer explained that the existence of other minerals with the talc’s mineral content is inevitable. He also testified that his team advised J&J in the year 1971 of the presence of chrysotile asbestos within the company’s talc, albeit with just 0.1 percent. The asbestos was discovered by him in the year 1976.

June 1st, 2023 Update: Can talc be safe. This is the first court trial that has taken place since J&J took the decision to disband its talc division, and then declare bankrupt is a pivotal moment within the ongoing lawsuit story. The trial began on Tuesday in the heartbreaking case of a young, 24-year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma in the past year, an illness that lawyers on both sides believe is a tragic loss.

Opening statements revealed huge differences between the sides’ story. The attorney for the plaintiff took aim at Johnson & Johnson, alleging the use of deceptive methods in their research practices as well as throughout the litigation process. The attorney claims that, according to, the company attempted to manipulate asbestos’ definition, despite internal documents from the year 1978 and 1994 indicating that fibers discovered in the plaintiff’s tissue are included.

Johnson &J’s highly uncertain $8.9 billion settlement is hanging in the balance as we development of the trial. Despite the distinctive nature of this mesothelioma lawsuit and the unique issues it faces compared to other talcum powder lawsuits, a verdict favoring the plaintiff could inflict a serious setback to J&J’s hopes of broad acceptance of their proposed settlement with plaintiffs.

May 31, 2023 Update: Johnson and Johnson’s bankrupt talc business is defending its second Chapter 11 filing in the facing challenges from the talc injury plaintiffs. In an appeal to the New Jersey bankruptcy court, the company argued that the situation was vastly different from the prior filing. It also emphasized the unprecedented commitment to $8.9 billion in settlement from J&J which is the biggest settlement ever to be made in a mass tort bankruptcy case. Can talc be safe. There was no mention of how the magnitude of the settlement signifies that it’s an equitable settlement. J&J also claimed that it received support from several plaintiffs’ legal firms that represent over 600,00 claimants. This is not easy to confirm but likely incorrect.

May 24 2023 Update: Following Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial involving its cosmetic talc products allegedly that contain asbestos is scheduled to begin jury selection on Monday, May 24, California at Alameda County Superior Court, an historically reliable jurisdiction for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure resulting from J&J’s products and the company does not deny. The trial also involves six retailers who are accused of selling talc-based products.

May 22nd, 2023 Update Lawyers involved in the 2nd J&J Talc bankruptcy are in a dispute over who should be chosen to fill the role of a future claims representative, a role that is critically important to resolving the Talc claims. Can talc be safe. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation, was appointed as the claims representative during the first bankruptcy. J&J’s defense group wants Ellis to be named to the position again, but lawyers for the talc plaintiffs are objecting due to the fact that Ellis has a conflict of interest which would prohibit her from taking on that role in the future. This conflict is rooted in the fact that Ellis was reportedly involved in the creation of the hotly disputable second bankruptcy, which raises doubts about her ability to be neutral. The reality is this bankruptcy could be tossed out anyway.

May 17, 2023 Update The pretend company that J&J formed for the talc litigation bankruptcy disclosed to the New Jersey bankruptcy court that they have set aside $400 million to pay the claims of states that accuse the company of deceitful advertising for its talc product. Can talc be safe. So that makes it an $8.5 billion settlement to cancer victims. It’s difficult to envision an eventuality where J&J could push these baby powder settlements through given these numbers. While J&J’s proposed $8.5 billion offer sounds like a lot initially, it will not appear appealing after you calculate the figures. The proposed settlement based on our rough calculations would not provide victims with much more than $100,000 per instance. This isn’t enough.

May 15th 2023 Update: J&J could be facing lawsuit brought by an advocacy group that represents cancer patients. Can talc be safe. The group claims that J&J deliberately retracted a $61.5 billion contract for funding together with its parent company, LTL Management LLC, to simulate financial stress and confirm the unit’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of the rights of compensation for victims. They will investigate J&J’s actions after the announcement of the dismissal of LTL’s first bankruptcy suit.

May 10, 2023 Update: 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 that was filed by J&J subsidiary LTL Management. However, in the meantime it has approved an order calling for both parties to take part in a new settlement negotiation in the hope that it will be possible to reach a global settlement agreement come to fruition.

May 5, 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer through asbestos exposure. Can talc be safe. Over 2700 people have sued the company and it is paying $1 million per month to defend itself. The company’s recent $29 million settlement in South Carolina forced it to seek bankruptcy protection, arguing for a fair distribution of assets among talc claimants instead of being seized from the receiver. Other talc suppliers have also declared bankruptcy because of litigation.

May 4, 2023 Update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who rebuffed the company’s proposed $8.9 billion agreement. The court in Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps in their second bankruptcy matter and Judge Kaplan was pushing for more settlement discussions.

This is the best way to settle these claims with J&J. The baby powder settlement is likely to get done. Can talc be safe. But it’ll need more money – billions of dollars – of Johnson & Johnson.

Lawyers are divided on whether to accept the proposal and not all clients see the situation the same way their lawyer views it. Second bankruptcy cases are destined to fail, as Judge Kaplan has scheduled a hearing for June to determine if she will discharge the bankruptcy for the 2nd time.

May 3 2023 Update A group of cancer victims suing Johnson & Johnson (J&J) asked that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation involving talc products. The group of talc claimants filed a motion on Tuesday requesting for the Third Circuit to consider their appeal and return the case before a court of lower jurisdiction, with instructions to discharge the bankruptcy. Can talc be safe. The committee also requested that the lawsuit against the halted torts of J&J allow the litigation to continue.
LTL filed for Chapter 11 protection once again after its first bankruptcy filing was rejected by the Third Circuit earlier this year which offered the possibility of an $8.9 billion agreement. The committee says that the recent decision allowing LTL’s 2nd Chapter 11 to continue, and also stopping trials against J&J, warrants the 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 plans to file a statement in the appeals court calling the request a “desperate and legally flawed effort” by a handful of law firms that have conflicts of financial interests.
May 1 2023 Update: One most frequently asked question is how plaintiffs and their attorneys turn on $8.9 billion. That’s of course an immense amount of money. There are a lot of victims. Can talc be safe. These are actually a good arguments for plaintiffs. We were reminded of this recently with two talc trials have resulted in huge verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon led to the verdict worth $18.1 million. The following month, a second mesothelioma-related talc case went to hearing on the other side of South Carolina and resulted in a verdict of $29 million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. which is one of the largest manufacturers of talc in U.S.
April 30 2023 Update: When J&J first tried to bring the litigation over talcum powder into bankruptcy, it did so with an offer to reserve $2 billion to settle the case. The sum was ridiculously low. All of the talc plaintiffs agreed with it. This time, however, J&J has increased the offer to $8.9 If the talc plaintiffs accept a bankruptcy settlement and they have the support of a large segment of the talc plaintiffs as well as their lawyers. Can talc be safe. However, 75% of plaintiffs in the talc category, which is required for bankruptcy plan approval It’s a long and difficult process since there are so many lawyers with huge stocks of baby powder lawsuits opposed against the proposed settlement.

What can be done to end the impasse? More billions.
April 25 2023 update: Talc plaintiffs have requested a judge to reject their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, which claims that the business is not financially strained. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Can talc be safe. It was the 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not eligible for bankruptcy relief as it was unable to demonstrate financial trouble.

The plaintiffs argue that LTL’s 2nd Chapter 11 case is an fraud on the bankruptcy system and that it is being pursued in bad good faith. J&J states that the bankruptcy settlement is backed by “significant support” from companies representing around 60,000 claimants. It’s fair to say that plaintiffs’ lawyers and victims ‘ lawyers are not united over their disagreement over the $8.9 billion amount of settlement offered.

April 21st, 2023 Update A bankruptcy judge decided that Johnson & Johnson must face new lawsuits claiming 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 of 60 days and new lawsuits are able to be filed, and lawyers will begin preparing their cases. Can talc be safe. Judges expressed doubt about J&J’s ridiculous effort to revive its strategy with another bankruptcy case.

April 13, 2023 Update: The biggest update is about the $8.9 billion over the course of 25 years settlement offer. Lawyers representing cancer patients involved in the MDL group action pledged to fight the settlement along with talc claimants. Why? They argue that it’s not enough money for 70,000 victims who have cancer. Can talc be safe. The lawyers say that J&J should seek a bigger settlement or even litigate individual claims in the event that the latest bankruptcy is declared unconstitutional.

There is a different lawyer group that isn’t part of the leadership in group action. These lawyers have collectively amassed hundreds of thousands of cases. The group is seeking to settle the case now in what many believe to be far less than what these victims deserve. Their argument seems to be two-fold. The first is that they claim the settlement – which amounts to 100 million dollars on average per plaintiff – is fair.

That is a hard argument to argue. 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: Many are seeking out how J&J can go through bankruptcy again. The answer is complex and confusing. Let’s try to clarify it clearly.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future talc-related lawsuits definitively. Also, it believes that it will be less expensive if there is a bankruptcy element that creates pressure to settle. Can talc be safe. In a quest to cover more than 400 years in American history, the firm claims that bankruptcy benefits all parties as it distributes settlements more fairly and more efficiently than trial courts where litigants are awarded significant settlements while others get nothing.

The essence in this 3rd Circuit decision was this is not a matter of a profitable company making an affiliate to accept the legal risk and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. It also clarified the company was in financial trouble due to the fact that J&J assured it of unlimited funding.
Then J&J did not hesitate to take advantage of the unlimited funding portion of the agreement and didn’t make any promises to offer unlimited funding for litigation. The company says that its updated financing arrangements with its subsidiary address appeals court’s concerns, while offering claim payment funds. It’s as if giving victims less money would solve the problem at hand.

Lawyers representing cancer patients who oppose the agreement counter this argument by saying that it is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s decision. Hyperbole is not exempt attorneys representing the victims claim it the most significant “fraudulent move of assets in United States history.”

Despite the legal jargon, J&J does not really believe that this bankruptcy will last. But it’s a way of pushing this $8.9 billion settlement, and to keep the pressure on plaintiffs.

April 10 2023 Update Bloomberg has an interesting piece on a law that has been passed that has been passed in New Jersey that is shedding new light on litigation funding in the suit for class actions. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) over talc products in exchange for a share of any winnings. J&J is now offering the payment of $8.9 billion to settle all lawsuits.

The involvement of funders is public knowledge due to a New Jersey court rule requiring the release of certain details 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 take into account federal and state child powder-related lawsuits. Third-party funding in mass tort claims has its pros and cons. There is no doubt that we are witnessing how third-party funding could level the playing field for individuals as well as large corporations in the courtroom.

April 4 2023 Update: It is pleasing to see the worm turn in this legal battle. J&J was hit again this week, when it was found that the Third Circuit denied J&J’s request to extend the automatic stay during the time that J&J appeals an order granting bankruptcy in the U.S. Supreme Court. It has halted thousands of talcum powder cases and stopped new lawsuits from being filed ever since J&J initiated the controversial effort to spin talc-related liabilities off into a bankrupt subsidiary more than one year ago. Can talc be safe. After it was decided that the 3rd Circuit ruled that this bankruptcy was not valid only a few months back, the stay was revoked. J&J was hoping to have it stayed in place until an appeal to the SCOTUS appeal. But, no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The likelihood that for the Supreme Court is willing even to take up the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay having been officially lifted, the very first new cases have been filed and transferred into the Talcum Powder class action MDL within a year. Seven new talc cases were joined to the MDL in the last month, bringing the total number of cases pending to 37,522.

February 25 2023 Update This morning, a Congressmen from Tennessee is now demanding that be the U.S. Government Accountability Office (GAO) begin an investigation into the amount J&J talc products have cost the government over the decades.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the dangers of its talc-based products for long while tax dollars used to treat those who were injured through exposure to the product. This lawsuit comes a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.

Can talc be safe. J&J needs to start making reasonable settlement offers to victims to begin to put all of this behind. This is a disgrace to one of the greatest firms.

February 14 , 2023 Update: At a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.

 

You May be Entitled to Significant Compensation Can talc be safe. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!

 

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