You May be Entitled to Significant Compensation Is liquid talc safe for babies. 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 provide $440 million US state AGs. Is Liquid Talc Safe For Babies .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of a larger $8.9 billion settlement of allegations that it’s Baby Powder and other talc products cause cancer. Is liquid talc safe for babies.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company plans to pay different kinds of cancer victims as part of an arrangement for bankruptcy. Is liquid talc safe for babies. J&J has declared that its products containing talc are safe and don’t cause cancer. It is attempting for another time to settle more than 38,000 lawsuits in bankruptcy, and to prevent any new cases from coming forward in the future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for claims filed from state attorney generals claiming that J&J did not comply with states’ unfair practices and consumer protection laws, by deceiving consumers regarding the security of its talc-based products.
Some states had started consumer protection cases against J&J prior to LTL’s bankruptcy filing prevented these investigations from moving forward in 2021. Is liquid talc safe for babies. New Mexico and Mississippi had already filed actions against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands according to court papers.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL in a joint move with cancer victims as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog, who have argued that a profitable business like J&J can’t benefit from bankruptcy protections meant for the struggling debtors.
The first attempt by LTL to resolve the lawsuits in bankruptcy was rejected after the same arguments. A U.S. appellate court decided the LTL did not have “financial financial distress” and ineligible for bankruptcy protection. Is liquid talc safe for babies. LTL had filed for bankruptcy again in just two hours following the dismissal, arguing the second bankruptcy was different due to the fact that it had less money and had a greater chance of securing an agreement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement authorities by attempting unilaterally to cap the liability of the company for state consumer protection measures.
Is Liquid Talc Safe For Babies
LTL’s new filings also included more details on how the company would evaluate and settle cancer claims should the bankruptcy plan be approved.
The maximum amount under the settlement would be $500,000 for patients diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for those who have been diagnosed with advanced ovarian cancer before age 45.
The proposed settlement applies discounts depending on the severity and type of cancer, an individual’s age, previous using talc and other factors. Is liquid talc safe for babies. For instance, a woman who used the talc product on a regular basis, had an ancestral history of ovarian cancer and was diagnosed with the stage 2 ovarian cancer by age 55 may be eligible for a $21,125 payment under the plan.
Judge decides J&J and talc opponents to take part in settlement talks.
Following another hearing in Johnson and Johnson’s efforts to employ a Texas Two Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the firm and the people who opposed the plan to enter into negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy bid for LTL management, a subsidiary founded by J&J to handle the claims company made a settlement offer of $8.9 billion. Is liquid talc safe for babies. While one group of law firms representing plaintiffs supports the deal, another group opposes the move.
Earlier this week, the opposition group, known as the Official Committee of Talc Claimants requested the bankruptcy court for dismissal of the matter by arguing that LTL is not a factor to be in financial trouble.
“The filing is an incredibly legal and ineffective attempt by a few of law firms to prevent claimants from voting on the resolution plan–a plan the vast and growing majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Is liquid talc safe for babies. “The law firms behind this filing have financial interests that do not align with, differ from and are in opposition to the interests which their clientele. We’ll submit an answer before the court of appeals.”
Is liquid talc safe for babies. Clay Thompson, a lawyer for MRHFM which has more than 80 mesothelioma patients who have filed lawsuits against J&J claimed that J&J’s second bankruptcy attempt will fail.
“J&J publishes press release that boast about how amazing its plans are, but is requesting that details of the plan, such as what each sick person will receive–be kept secret,” Thompson said in the statement. “What does the company have to keep secret?”
Kaplan has directed the parties to devise a second strategy for reorganization, under the supervision from two mediators.
The court in February of 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the tens of thousands of claims regarding its talcum products.
However, in the month of January, a federal appeals court ruled against the verdict, ruling that the company was not able to be considered in “financial trouble.”
The J&J’s plan to challenge the U.S. Supreme Court was denied on April 1, J&J declared bankruptcy two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to grant the second bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B cost of litigation involving talc.
Through 2 Chapter 11 attempts, J&J has bought 19 months during which the cases were held. Is liquid talc safe for babies. The company would like claimants to take a vote to accept their settlement. J&J needs 75% of the vote in order for the agreement to be accepted.
In addition to the group of talc lawyers who panned the company’s bankruptcy play and the U.S. Trustee, an arm that is part of the U.S. Department of Justice is also submitting a motion to dismiss the second bankruptcy case of LTL.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest, but naive debtors.” The doors “are not open to parties that lack a legitimate bankruptcy purpose or that seek to abuse the bankruptcy process to delay or hinder their creditors,” Vara continued.
On the other hand, J&J maintains there is no proof conclusive that their Talc-based products, such as the famous baby powder, can cause cancer. J&J has adopted the products of the market–first in North America in 2020–and the rest of the world later this year.
J&J is determined to stay clear of the expense of going to trial. It has won the majority of cases that were decided at trial, but some losses have been very harsh.
A highly publicized trial in Missouri led to an $4.7 billion verdict against the drugmaker 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 trial involving talc that are being appealed or resolved. Out of 41 trials, 32 have resulted in a win by J&J as well as mistrials or plaintiff verdicts that were reversed upon appeal. Is liquid talc safe for babies. Additionally, the company in 2020 negotiated to settle nearly 1,000 cases for $100 million, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Liquid Talc Safe For Babies
Our lawyers handle the baby powder litigation in all 50 states. The talcum powder lawsuits in the case of Johnson & Johnson have been ongoing for years. Is liquid talc safe for babies. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient found in products such as the Baby Powder and Shower to Shower as well as other products, may cause ovarian cancer in some women.
This page gives the J&J talc power litigation update and discusses how the upcoming bankruptcy ruling impacts the ultimate settlement amounts of these Ovarian Cancer lawsuits.
Did the deadline expire for you to make a claim for talcum powder? Many who believe the deadline has passed to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Liquid Talc Safe For Babies
June 2 2023 Update: At the asbestos talc trial which took place in California yesterday, technical glitches interrupted the opening statements made by defense lawyers. Is liquid talc safe for babies. Jurors who were watching at home via Zoom and hearing the Johnson &Johnson’s lawyer express skepticism about the 70s science asserting the presence of asbestos in their product, but the opening was abruptly ended.
The plaintiff was able to introduce their first witness, Arthur Langer. Langer explained that the existence of other minerals in talc is expected. He claimed that his group had notified J&J in 1971 of the presence of asbestos chrysotile in the talc produced by the company, although in less than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update: Is liquid talc safe for babies. This is the first court trial that has taken place since J&J made the decision to split its talc division and declare bankruptcy is an important moment for the ongoing litigation saga. The trial began on Tuesday in the tragic trial of a young plaintiff who was diagnosed with a rare and aggressive type of mesothelioma last year. a diagnosis lawyers on both sides believe is a harrowing tragedy.
Opening statements laid bare huge differences between the sides’ narrative. The attorney for the plaintiff took aim against Johnson & Johnson, alleging the use of deceptive methods in their 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 1998 and 1994 that show asbestos fibers in the tissues of the plaintiff are part of.
Johnson &J’s tangled $8.9 billion settlement offer hangs in the balance with the progress of this trial. Despite the distinctive nature of this mesothelioma lawsuit and its distinct issues compared to most talcum powder lawsuits and a decision in favor of the plaintiff could be the company with a major setback in its hopes for broad acceptance of the settlement they have proposed among plaintiffs.
May 31 2023: Update from Johnson and Johnson’s bankrupt talc unit is defending their Second Chapter 11 filing in the opposition of talc injury claimants. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the situation was vastly different from the first filing. It highlighted the extraordinary commitment to $8.9 billion in settlement from J&J as the largest settlement ever made in an bankruptcy case involving mass torts. Is liquid talc safe for babies. There was no mention of how the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed that it received support from several plaintiffs’ legal companies representing over sixty thousand claimants. This is difficult to verify however it is likely to be incorrect.
May 24 2023 Update: In the wake of Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial on the cosmetic talc products it claims to that contain asbestos is scheduled to commence jury selection on Monday in California at Alameda County Superior Court, an historically reliable jurisdiction for plaintiffs. Plaintiff claims that mesothelioma resulted from asbestos exposure in J&J’s product which J&J denies. The trial also includes six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J talc bankruptcy are now in a dispute over who should be chosen to fill the role of a future claims representative. This is which is vitally critical to resolving claim for talc. Is liquid talc safe for babies. Randi Ellis, a lawyer who frequently appears in MDLs across the country, was appointed as the claims representative in the initial bankruptcy. J&J’s defense attorneys want Ellis to be named to the position in the future, however lawyers representing the plaintiffs in talc are arguing to the claim that Ellis has conflicts of interest that should prevent her from assuming that position in the future. The conflict stems from the issue that Ellis was reportedly involved in the drafting of the highly disputable second bankruptcy, which raises concerns regarding her capacity to remain neutral. The reality is this bankruptcy will likely to be dismissed regardless.
May 17, 2023 Update The pretend company J&J made up to handle the bankruptcy of talc has informed a New Jersey bankruptcy court that they have set aside $400 million to settle the allegations made by states who accuse the company of deceitful advertising regarding its talc products. Is liquid talc safe for babies. This amounts to an $8.5 billion settlement for cancer sufferers. It’s difficult to envision an eventuality where J&J can get the baby powder settlements at these numbers. Although J&J’s $8.5 billion offer sounds like a lot initially, it will not look very appealing when you look at the numbers. The settlement plan based on our rough calculations, would not offer victims anything more than a median settlement of $100,000 per case. That is not enough.
May 15 2023 Update: J&J might be facing lawsuit from an advocacy group representing cancer patients. Is liquid talc safe for babies. The group claims J&J intentionally withdrew the $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, in order to create a false sense of financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group asserts this action could be interpreted as a fraudulent transfer of victims’ compensation rights. They intend to investigate J&J’s actions after the announcement of the denial of LTL’s first bankruptcy case.
May 10 2023 Update: During the next week in next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy filing that was filed by J&J subsidiary LTL Management. However, in the meantime, this bankruptcy court has issued an Order requiring both sides to take part in a settlement mediation to see if an international settlement agreement can be brokered.
May 5, 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. Is liquid talc safe for babies. Over 2700 people have sued the company and it has been spending $1 million a month for legal defense. The company’s recent $29 million verdict at the Supreme Court of South Carolina forced it to apply for bankruptcy protection and argue for equitable distribution of assets among talc claimants instead of being seized through the receiver. Other suppliers of talc have filed for bankruptcy due to litigation.
May 4 2023 Update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch talks on settlement with lawyers who have rejected the company’s $8.9 billion agreement. In Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps in their second bankruptcy matter. Judge Kaplan was pushing for more settlement discussions.
This is the best way to settle these claims with J&J. A baby powder settlement can be achieved. Is liquid talc safe for babies. But it will require additional money – perhaps billions of dollars – from Johnson & Johnson.
Lawyers have a split opinion on whether to accept the proposal and not all clients see the issue in the same manner their lawyer does. The second bankruptcy case is bound to fail, and Judge Kaplan has scheduled a hearing for June to decide if he will discharge the bankruptcy for the 2nd time.
May 3 2023 Update: A group of cancer patients suing Johnson & Johnson (J&J) asked that J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation regarding talc-related products. The group representing claimants for talc has filed a motion this week, asking to the Third Circuit to consider their case and then send it back an earlier court, with instructions to dismiss the bankruptcy. Is liquid talc safe for babies. They also requested that the lawsuit against the halted torts of J&J continue to continue.
LTL requested Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year which offered a $8.9 billion deal. The committee argues that the recent ruling, which allows LTL’s second Chapter 11 to continue, in addition to halting trials against J&J and J&J, requires an immediate Third Circuit review. The US Trustee has also requested be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J intends to file a statement to the appeals court calling the request an “desperate and legally flawed move” by a handful of law firms who have conflicting financial interests.
May 1 2023 Update: A frequently asked question is how could plaintiffs and their lawyers turn around $8.9 billion. Of course, it’s an immense amount of money. There are a lot of victims. Is liquid talc safe for babies. They are a great claims for plaintiffs. We were reminded of this last week in two talc trials which ended in large verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon was settled with a verdict worth $18.1 million. In the same month, a different mesothelioma talc case was brought to hearing on the other side of South Carolina and resulted in an award of $29 million for the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc., one of the leading manufacturers of talc in U.S.
April 30th 2023 Update: In the year 2023, when J&J initially attempted to pull the litigation over talcum powder into bankruptcy, it was met with the option of putting aside $2 billion for settlements. It was a ridiculously small amount. None of the talc plaintiffs were in favor of the offer. This time, J&J has increased the offer to $8.9 If the talc plaintiffs are willing to accept bankruptcy settlements and also has the support of a large section of the talc victims and their attorneys. Is liquid talc safe for babies. But with 75% of plaintiffs in the talc category, which is required to approve bankruptcy plans is not an easy task with so many lawyers with massive collections of baby powder-related lawsuits, opposed towards the agreement.
What can be done to end the impasse? More billions.
April 25 2023, Update Talc plaintiffs have demanded a judge dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Is liquid talc safe for babies. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company was not eligible for bankruptcy relief since it was unable to demonstrate financial difficulties.
The plaintiffs argue that the Second Chapter 11 case is an overreach of the bankruptcy system, and that it’s being pursued in bad good faith. J&J states that the bankruptcy settlement is backed by “significant backing” from firms representing about 60,000 potential people who are claiming. It is fair to say that the plaintiffs’ attorneys and victims are divided over what they believe is an $8.9 billion deal.
April 21st, 2023 Update A bankruptcy judge ruled in favor of Johnson & Johnson must face new lawsuits claiming that the company sold baby powder that was contaminated and causing cancer. Even though trials for talc lawsuits are paused for at least 60 days and new lawsuits are able to be filed and lawyers are able to begin preparing their cases. Is liquid talc safe for babies. Judges expressed skepticism about J&J’s ridiculous effort to revive its strategy with a second bankruptcy case.
April 13th 2023: Update on the biggest update is about the $8.9 billion over the next 25 years settlement offer. Lawyers representing cancer patients in MDL class action MDL group action promised to fight the settlement with those who claim talc. Why? They believe it’s not enough money for 70 000 cancer patients. Is liquid talc safe for babies. They argue that J&J should seek a bigger settlement or litigate individuals’ claims if the current bankruptcy is declared unconstitutional.
But there’s a separate set of lawyers who are not part of the leadership of the class action. These lawyers have collectively amassed tens of thousands of cases. They want to settle for what is believed to be far less than what these victims deserve. Their argument appears to be two-fold. The first is that they claim the settlement – which amounts to 100 million dollars on average per plaintiff is fair.
It’s a difficult argument to present. But their second argument has more force: victims should not afford to wait any longer and need the money immediately.
April 12, 2023 Update: People are wondering if J&J can go through bankruptcy once more. The answer is complicated and convoluted. Let’s try to simplify it simply.
Johnson & Johnson asserts that bankruptcy is the only way to address both present and future lawsuits involving talc conclusively. It believes that it will be less expensive in the event of the bankruptcy element which applies pressure to negotiate a settlement. Is liquid talc safe for babies. Driving past the 400-year span of American time, the business argues that bankruptcy benefits all parties by distributing settlement payments more evenly and more efficiently than trial courts where some litigants receive significant settlements while others get nothing.
The main thrust in the 3rd Circuit decision was this is not a case – a profitable company making a subsidiary to take the legal risk and declare bankruptcy – something Congress contemplated when drafting the Bankruptcy Code. But it also said that the entity was in financial difficulty due to the fact that J&J offered unlimited financing.
This is why J&J did not hesitate to take advantage of the unlimited funding part of the contract but did not pledge to offer unlimited funding for the litigation. The company claims that its new financing agreements with its subsidiary address appeals court’s concerns, while offering funds to pay claims. It’s as if giving victims less money would solve the problem at hand.
Attorneys representing cancer patients who oppose the agreement counter this with what you conclude is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole was not spared: victims’ lawyers call this the biggest “fraudulent deal in United States history.”
Despite the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it’s a way to try and push the $8.9 billion settlement and keep the pressure on plaintiffs.
April 10 2023 update: Bloomberg is running an intriguing report on a brand new law of New Jersey that is shedding new light on the funding of litigation in the suit for class actions. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) over talc products in exchange in exchange for a portion of wins. J&J is now offering to pay $8.9 billion to settle lawsuits.
The funders’ involvement is public information due to an New Jersey court rule requiring the disclosure of certain information about funders outside the state. The law is designed to address the growing calls for the regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you add up federal and state baby powder lawsuits. Third-party funding for mass tort lawsuits has pros and cons. But there is no question that we are witnessing the ways that third-party funding can even the playing field between individuals and large corporations in court.
April 4, 2023 Update: It is enjoyable to see the worm turn in this case. J&J has taken another blow this week when the Third Circuit denied J&J’s request to continue the automatic stay during the time that J&J appeals a bankruptcy decision before the U.S. Supreme Court. It has stopped thousands of talcum powder cases and stopped new lawsuits from getting filed ever since J&J started the controversial process to spin the talc liabilities into a bankrupt entity over a year ago. Is liquid talc safe for babies. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was lifted. J&J was hoping to have it remain in effect until the SCOTUS appeal. But the answer was 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 hear the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay officially lifted, the first new cases have been filed and transferred into the class action for talcum powder MDL in just over a year. Seven new talc lawsuits have been joined to the MDL in the past month, bringing the total 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 the U.S. Government Accountability Office (GAO) launch an investigation into how much J&J product containing talc has cost the government in the many years.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the risks of its talc products over many years, while tax dollars were spent on treating people who suffered injuries from exposure to the product. The demand comes just weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is liquid talc safe for babies. J&J should begin to make reasonable settlement proposals for victims in order in putting this behind it. This is a disgrace to one of the world’s greatest companies.
February 14 2023 Update: At an appearance today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is liquid talc safe for babies. 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!