You May be Entitled to Significant Compensation Cosmetic grade talc 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 settlement for talc would make payments of 400 million dollars to US state AGs. Cosmetic Grade Talc Safe .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of its larger $8.9 billion settlement of allegations that its Baby Powder and other talc items cause cancer. Cosmetic grade talc safe.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company plans to pay different kinds of cancer patients in the bankruptcy settlement. Cosmetic grade talc safe. J&J has declared that its Talc products are safe, and will not cause cancer. The company is trying for an additional time to conclude more than 38,000 lawsuits in bankruptcy and prevent new cases from arising in the future.
The bankruptcy plan of LTL would pay $400 million to a separate trust for claims made by state attorneys general claiming that J&J was in violation of state unfair business practices and consumer protection laws by misinforming consumers regarding the security of its talc-based products.
Several states had begun consumer protection cases against J&J prior to LTL’s bankruptcy filing prevented those investigations from moving forward in 2021. Cosmetic grade talc safe. New Mexico and Mississippi had already filed suits against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy as well as cancer patients and the U.S. Justice Department’s bankruptcy watchdog. They have claimed that a lucrative company such as J&J does not qualify for bankruptcy protections aimed at those struggling with debt.
The company’s initial attempt to resolve the bankruptcy cases was thrown out after similar arguments, when a U.S. appeals court determined in favor of LTL did not have “financial financial distress” and ineligible to receive bankruptcy relief. Cosmetic grade talc safe. LTL declared bankruptcy a second time in just two hours following that dismissal, arguing that the second bankruptcy was different because it was able to borrow less and more backing for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss that LTL’s latest bankruptcy violation of the law enforcement powers of the state in attempting to unilaterally limit the liability of the company in state consumer protection measures.
Cosmetic Grade Talc Safe
LTL’s filings for the new year also contained more details on how the company would assess and pay claims for cancer in the event that the bankruptcy plan is approved.
The maximum amount under the settlement would be $500,000 for those diagnosed with mesothelioma that is terminal before age 45, and $260,000 for those diagnosed with ovarian cancer that is terminal prior to age 45.
The proposed settlement will offer discounts based on the kind and severity of cancer, an individual’s years of age, their history of usage of talc and other variables. Cosmetic grade talc safe. For instance the case of a woman who used the talc product on a regular basis, had a family history of ovarian cancer and was diagnosed with an ovarian cancer stage II at age 55 could be in line to receive a payment of $21,125 under the plan.
Judge orders J&J, talc opponents to participate in settlement talks.
Following another round of hearings in Johnson & Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the plan to enter into settlement talks, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary created by J&J to manage the claims company offered a settlement amounting to $8.9 billion. Cosmetic grade talc safe. While one firm representing plaintiffs supports the settlement, a different group opposes the move.
This week, the opposition group, called”The Official Committee of Talc Claimants and urging the bankruptcy court for dismissal of the matter by arguing that LTL is not a factor to be in financial trouble.
“The filing is a desperate and legally deficient attempt by a small number of law firms to block claimants from voting on the resolution, which that the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Cosmetic grade talc safe. “The law firms behind the filing are pursuing financial interests which are in conflict with, differ from and oppose the interests that their customers. We will be submitting an answer to the appellate court.”
Cosmetic grade talc safe. Clay Thompson, a lawyer for MRHFM that includes more than mesothelioma patients who have sued J&J claimed that J&J’s second bankruptcy effort failed.
“J&J publishes press release describing how fantastic the plan is but simultaneously requesting that details of the plan, such as what each sick person will receive,” Thompson said in an email. “What is J&J’s plan to hide?”
Kaplan has instructed both sides to come up with another strategy for reorganization, under supervision from two mediators.
In February 2022, Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the thousands of lawsuits concerning its talcum products.
But in January of this year an appeals court in the United States overturned the verdict, ruling that the company was not able to be considered to be in “financial financial distress.”
When J&J’s attempt to appeal to the U.S. Supreme Court was turned down on April 1, J&J filed for its second bankruptcy roughly two hours later. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to accept another bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B cost of litigation involving talc.
In the 2 Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put suspended. Cosmetic grade talc safe. J&J wants the claimants to accept their settlement. J&J needs 75% support for the deal to pass.
In addition to the group of talc lawyers that criticized LTL’s bankruptcy plan in the U.S. Trustee, the U.S. Trustee which is a division belonging to the U.S. Department of Justice was also the one to file a motion to dismiss the second bankruptcy case of LTL.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest but unfortunate debtors.” Those doors “are not open to any parties who do not have a legitimate bankruptcy goal or who seek to use the bankruptcy process to delay or hinder their creditors.” Vara continued.
For its part, J&J maintains there is no definitive evidence to suggest that its Talc-based products, such as its famous baby powder, can cause cancer. J&J has been taking the products from the market and will first launch them to be available in North America in 2020–and the rest of the world next year.
J&J seeks to avoid the costly business of going to trial. The company has won most of the cases that have been decided during trial, however, certain losses have been extremely harsh.
A high-profile trial in Missouri led to an $4.7 billion verdict against the drug company and was later lowered 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 talc trials that are either in appeal or settled. Out of 41 trials, 32 ended with an outcome for J&J either through a mistrial or plaintiff verdicts that were dismissed after appeal. Cosmetic grade talc safe. Additionally, the company in 2020 moved to settle nearly 1,000 cases worth 100 million dollars, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Cosmetic Grade Talc Safe
Our lawyers handle the baby powder litigation in all 50 states. The talcum powder lawsuits for Johnson & Johnson have been ongoing for years. Cosmetic grade talc safe. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in products such as the Baby Powder as well as Shower to Shower, can cause ovarian cancer in some women.
This page provides a J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling will impact the final settlement amounts in these Ovarian Cancer lawsuits.
Is the deadline for you to bring a talcum lawsuit? Many who believe the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Call us at 800-553-882 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Cosmetic Grade Talc Safe
June 2 2023 Update: At an asbestos talc court trial held which took place in California yesterday, some technical issues interrupted the opening speech of defense attorneys. Cosmetic grade talc safe. Jurors from home via Zoom but did not hear Johnson & Johnson’s lawyer expressing doubt about the science of the 70s claiming asbestos was present in their product, but the opening was abruptly ended.
The plaintiff was able to introduce its first expert witness Arthur Langer. Langer stated that the presence of other minerals in talc is expected. He also testified that his team advised J&J in 1971 about the presence of chrysotile asbestos in the talc manufactured by the company, though with less than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update: Cosmetic grade talc safe. A trial for the first time since J&J took the decision to disband its talc division and declare bankruptcy is an important moment for the ongoing lawsuit drama. Trial started on Monday in the heartbreaking trial of a young plaintiff, diagnosed with a rare and aggressive form of mesothelioma in the past year, a diagnosis lawyers on both sides acknowledge is a grave tragedy.
Opening statements revealed distinct differences between each side’s story. The plaintiff’s attorney took aim against Johnson & Johnson, alleging the use of misleading strategies in its research practices as well as throughout the litigation procedure. According to the attorney the company tried to manipulate the definition of asbestos, in spite of internal documents from 1998 and 1994 that show fibers discovered in the tissue of the plaintiff are included.
Johnson &J’s highly uncertain $8.9 billion settlement proposal hangs in the balance with the progress of this trial. Despite the distinctive nature of this mesothelioma-related case and its distinct issues compared to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could be an unintended setback to Johnson & J’s hopes of broad acceptance of their proposed settlement with plaintiffs.
May 31st, 2023: Update from Johnson & Johnson’s bankrupt talc unit was able to defend it’s two-time Chapter 11 filing in the opposition of injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, it argued that the filing was fundamentally different from the previous filing. It highlighted the extraordinary commitment to $8.9 billion to J&J, the biggest settlement ever to be made in an bankruptcy case involving mass torts. Cosmetic grade talc safe. It was not mentioned how the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed that it received support from a variety of plaintiffs’ law companies representing over 60,000 claimants. This is hard to verify but it’s likely to be false.
May 24, 2023 Update: Since Johnson &J Johnson’s bankruptcy filing, the very first trial regarding the cosmetic talc products it claims to comprised of asbestos is set to begin jury selection on Monday in California in Alameda County Superior Court, a historically good court for plaintiffs. The plaintiff claims his mesothelioma was caused by asbestos exposure from J&J’s products which J&J is denying. The trial also involves six retailers accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are currently fighting over who should be appointed to the post of the claims representative in the future, an important role essential in resolving the claim for talc. Cosmetic grade talc safe. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed as the claims representative in the initial bankruptcy. J&J’s defense attorneys want Ellis to be appointed to this position and again, but attorneys for the plaintiffs in talc are arguing on the grounds that Ellis has conflicts of interest that would prevent her from holding that position for the second time. The issue stems from the reality that Ellis was believed to have been involved in drafting the controversially contesting second bankruptcy, which raises questions about her capability to remain neutral. The reality is this bankruptcy could get dismissed anyway.
May 17th, 2023 Update: The pretend company J&J created to settle the talc litigation bankruptcy informed a New Jersey bankruptcy court that they have designated $400 million to pay the claims made by states accusing the company of deceitful advertising for its talc product. Cosmetic grade talc safe. It’s a $8.5 billion settlement for cancer victims. It’s difficult to envision any scenario in which J&J could push these baby powder settlements through at these numbers. Although J&J’s $8.5 billion offer might seem like a huge sum initially, it will not look good after you calculate the figures. The proposed settlement based on our rough calculations would not be able to pay victims more than $100,000 per instance. That’s not enough.
May 15th 2023 Update J&J might be facing lawsuit by an advocacy group representing cancer patients. Cosmetic grade talc safe. The group claims J&J intentionally canceled the $61.5 billion financing agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group claims this decision could be interpreted as a fraudulent transfer of right to compensation for victims. They intend to investigate J&J’s actions following of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: During the next week this week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy application by J&J subsidiaries LTL Management. However, in the meantime it has approved an order that requires both parties to take part in a new settlement mediation hoping that a global settlement deal can come to fruition.
May 5th 2023 Update: The talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer from asbestos exposure. Cosmetic grade talc safe. More than 2700 people have filed lawsuits against the company and the company was paying $1 million per month on legal defense. The company’s latest $29 million verdict that was handed down in South Carolina forced it to pursue bankruptcy protection, and arguing for a fair distribution of assets among talc claimants instead of being taken over through the receiver. Other suppliers of talc have declared bankruptcy because of legal proceedings.
May 4, 2023 Update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch talks on settlement with lawyers who rebuffed the proposed $8.9 billion deal. It was in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss the next steps for another bankruptcy proceeding and Judge Kaplan was pushing for more settlement discussions.
This is the way to settle these claims with J&J. A settlement for baby powder can be made. Cosmetic grade talc safe. But it’ll need more money – billions of dollars of Johnson & Johnson.
Lawyers have a split opinion on whether to take the proposal or not and not all clients view this issue the same way their lawyer does. This second case of bankruptcy is bound to go nowhere with Judge Kaplan has scheduled a hearing for June to determine if she will remove the bankruptcy after the second.
May 3, 2023 Update The group of cancer patients who have sued Johnson & Johnson (J&J) requested an order from 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 group representing the claimants made a motion Tuesday, asking for the Third Circuit to consider their case and send it back an earlier court with instructions to discharge the bankruptcy. Cosmetic grade talc safe. They also requested that the lawsuit against the halted torts of J&J should be permitted to proceed.
LTL has filed for Chapter 11 protection once again after its first bankruptcy filing was denied by the Third Circuit earlier this year with an $8.9 billion deal. The committee believes that the recent decision allowing LTL’s third Chapter 11 to continue, and also stopping trials against J&J and J&J, requires the immediate Third Circuit review. The US Trustee also requested that it be requested that the 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 formal response in the appeals court declaring the filing an “desperate and legally flawed plan” by a few of law firms who have competing financial interests.
May 1 2023 Update: A question people keep asking is how plaintiffs and their lawyers turn on $8.9 billion. Of course, that’s an immense amount of money. But there are plenty of victims. Cosmetic grade talc safe. And these are really good arguments for plaintiffs. We were reminded of this last week by two talc-related trials that resulted in big verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon was settled with an award worth $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 the verdict of $29 million in favor of plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. one of the top manufacturers of talc in U.S.
April 30 2023 Update: In the year 2023, when J&J initially attempted to pull the talcum powder litigation into bankruptcy, it did so with an offer to set aside $2 billion for settlements. The amount was absurdly low. There was no one among the talc victims who supported it. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs accept a bankruptcy settlement and also has the support of a substantial portion of the talc plaintiffs and their lawyers. Cosmetic grade talc safe. But with 75% of plaintiffs who are a talc, which is required for bankruptcy plan approval is not an easy task since there are so many lawyers with huge inventory of baby powder-related lawsuits, opposed towards the agreement.
What is the solution to this impasse? More billions.
April 25 2023, Update Talc Cancer victims have requested a judge to dismiss the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Cosmetic grade talc safe. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company wasn’t eligible for bankruptcy relief since it failed to show financial trouble.
The claimants contend that LTL’s 2nd Chapter 11 case is an abuse of the bankruptcy system and the case is being handled in bad good faith. J&J claims the bankruptcy settlement receives “significant support” from companies representing around 60,000 people who are claiming. It’s safe to say that lawyers representing plaintiffs and victims are divided over what they believe is an $8.9 billion amount of settlement offered.
April 21st, 2023 Update: A bankruptcy judge has ruled that 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 Talc lawsuits are suspended for a minimum period of 60 days, new lawsuits can be filed and lawyers are able to begin preparing their cases. Cosmetic grade talc safe. The judge expressed his doubts about J&J’s attempt to revive its plan with the second bankruptcy case.
April 13th 2023 Update: The most important update is about the $8.9 billion over 25 years of settlement. Lawyers representing cancer victims involved in MDL class action MDL class action have vowed to fight the settlement with the talc claimants. Why? They feel it’s not enough money for those suffering from cancer who are 70,000. Cosmetic grade talc safe. These lawyers argue that J&J should negotiate a larger settlement or settle individuals’ claims if the current bankruptcy is dismissed.
However, there is a second lawyer group that isn’t part of the leadership of the class action. They have amassed tens of thousands of cases. They want to settle now in what many believe to be less than the victims deserve. The argument they make is twofold. They argue that the settlement – which amounts to an average of $100,000 per plaintiff is fair.
It’s a difficult argument to present. The second argument is more teeth: victims can not afford to wait any longer and need to get their money right now.
April 12 2023 Update: Many are asking how J&J can file for bankruptcy again. The answer is complicated and complex. But let’s try to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only means to resolve both current and future talc-related lawsuits definitively. Also, it believes that it will be less expensive when there is an element of bankruptcy that puts pressure for a settlement. Cosmetic grade talc safe. Driving past the 400-year span of American time, the business argues that bankruptcy benefits all parties because it distributes settlements more equally and more efficiently than trial courts which are where litigants get significant payouts, while others are left with nothing.
The essence of this 3rd Circuit decision was this is not a matter of a profitable company making an entity to assume the legal responsibility and declare bankruptcy – something Congress considered when it was drafting the Bankruptcy Code. But it also said that the entity was financially difficulty because J&J offered unlimited financing.
Then J&J jumped on the funding unlimited part of the deal and didn’t promise to provide unlimited funding for the litigation. The company claims that its revised financing arrangements with its subsidiary will address appeals court’s concerns while still offering claim payment funds. As if offering victims less money will solve the overarching problem.
Attorneys representing cancer victims who do not agree with the agreement counter this by arguing that the plaintiff is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s decision. The hyperbole wasn’t spared the lawyers representing victims call it the largest “fraudulent move in United States history.”
In spite of the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it’s a way of pushing this $8.9 billion settlement and keep pressure on plaintiffs.
April 10, 2023 update: Bloomberg is running an intriguing article about a new law within New Jersey that is shedding new light on litigation funding in the plaintiffs in the class action. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any profits. J&J is now offering to pay $8.9 billion to settle lawsuits.
The funders’ involvement is publicly available because of a New Jersey court rule requiring the release of certain details about funders outside the state. The rule aims to address the rising calls for the regulation of litigation funders. J&J is facing more than 60,000 claims when you add up federal and state Baby Powder lawsuits. Third-party funding for mass tort lawsuits has pros and pros and. But there is no question that we are witnessing how third-party funding can level the playing field between individual and big companies in court.
April 4 2023 Update: It is pleasing to see the worm turning in this litigation. J&J was hit again this week when an appeals court in the Third Circuit denied J&J’s request to continue the automatic stay as J&J appeals an order granting bankruptcy at the U.S. Supreme Court. The automatic stay has frozen the cases of talcum powder in a number of years and prevented new lawsuits from being filed ever since J&J began the controversial plan to spin talc-related liabilities off into a bankrupt company over a year ago. Cosmetic grade talc safe. After it was decided that the 3rd Circuit ruled that this bankruptcy was not valid just a few months ago the stay was removed. J&J had hoped to have it remain in effect until 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 the Supreme Court is willing even to consider the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay now fully lifted, the first new cases have been filed and transferred into the class action for talcum powder MDL in over one year. Seven new talc-related lawsuits were brought into the MDL over the last month, bringing the total number of pending cases up to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee is now requesting that authorities from the U.S. Government Accountability Office (GAO) start an investigation into the amount J&J product containing talc has cost the government in the many years.
In a recent letter 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 dangers of its talc-based products for long while tax dollars used to treat those who were injured through exposure to the products. The demand comes just weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Cosmetic grade talc safe. J&J must begin making reasonable settlement offers for victims in order getting this behind it. This is a disgrace to one of the greatest firms.
February 14 , 2023 Update: At an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Cosmetic grade talc 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!