You May be Entitled to Significant Compensation Is old spice talc powder 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 the sum of $400 million US state AGs. Is Old Spice Talc Powder Safe .
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 plan to settle allegations that its Baby Powder as well as other talc items cause cancer. Is old spice talc powder safe.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay different types of cancer patients in the bankruptcy settlement. Is old spice talc powder safe. J&J has claimed that its talc products are safe and don’t cause cancer. The company is trying for a second time to resolve more than 38,000 lawsuits brought in bankruptcy, and to prevent any new cases from being filed in the future.
LTL’s bankruptcy plan will pay $400 million into a separate trust for claims filed with state attorneys general alleging that J&J violated laws against unfair business practices in the State of New York and consumer protection laws through misleading consumers regarding the safety of its talc products.
Some states had started consumer protection cases against J&J prior to LTL’s bankruptcy filing prevented those investigations from moving forward in 2021. Is old spice talc powder safe. New Mexico and Mississippi had already initiated actions with Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court filings.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished in a joint move with cancer victims as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. They have claimed that a lucrative company such as J&J cannot benefit from bankruptcy protections aimed at people with debt problems.
LTL’s first attempt at resolving the bankruptcy-related lawsuits was dismissed following similar arguments. The U.S. appellate court decided in favor of LTL wasn’t in “financial difficulty” and therefore not eligible of bankruptcy protection. Is old spice talc powder safe. LTL made a new bankruptcy application less than two hours after the decision to dismiss, arguing that its second attempt was different as it was able to borrow less and had more support for the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates the law enforcement powers of the state in attempting to unilaterally limit the liability of the company in state consumer protection actions.
Is Old Spice Talc Powder Safe
LTL’s recent filings also provided additional details about how the company would assess and pay for cancer claims should the bankruptcy plan be approved.
The most significant payments under the settlement will be $500,000 for those diagnosed with mesothelioma that is terminal before age 45. Is old spice talc powder safe. The second payment would be $260,000 for those diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement offers discounts based on the nature and severity of cancer, the patient’s age, history of using talc and other factors. Is old spice talc powder safe. For instance an individual who was using daily talc products, had a family history of ovarian cancer, and was diagnosed with stage II ovarian cancer at age 55 may qualify to receive a payout of $21,125 under the settlement plan.
Judge orders J&J and talc opponents to participate in settlement talks.
Following another hearing in Johnson & Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the strategy to engage in talks to reach a settlement, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary set up by J&J to handle the claims company proposed a settlement of $8.9 billion. Is old spice talc powder safe. While a firm representing plaintiffs support the offer, another group opposes the deal.
Earlier this week, the opposition group, which is known as”The Official Committee of Talc Claimants, urged the bankruptcy court to dismiss this case by saying that LTL is not a factor financially distressed.
“The filing is a desperate and legally deficient attempt by a tiny number of law firms to block claimants from voting on the resolution plan – a plan the vast and growing majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Is old spice talc powder safe. “The law firms behind the filing are pursuing financial interests which conflict with, diverge from and oppose the interests that their customers. We’ll be submitting an answer in the appeals court.”
Is old spice talc powder safe. Clay Thompson, a lawyer for MRHFM that includes more than patients with mesothelioma who have sued J&J for bankruptcy, told J&J’s second bankruptcy effort is likely to fail.
“J&J issues press releases about how great its plans are, but is demanding that plan details–including what individuals with illnesses would receive–be kept secret,” Thompson said in an email. “What does the company have to cover up?”
Kaplan has commanded the parties to come up with another arrangement plan under supervision of two mediators.
As of February 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that will free the company from the tens of thousands of claims over its talcum products.
However, in January of this year, an appeals court of the federal government overturned the verdict, ruling that the company was not able to be considered in “financial financial distress.”
After J&J’s challenge the U.S. Supreme Court was rejected the same month, J&J was granted a second petition for bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to accept another bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B talc litigation charge.
With 2 Chapter 11 attempts, J&J has bought 19 months during which cases were put suspended. Is old spice talc powder safe. The company wants claimants to vote on accepting their settlement. J&J needs 75% acceptance for the deal to go through.
Alongside the group of talc attorneys who have panned the company’s bankruptcy as well, the U.S. Trustee, a branch of the U.S. Department of Justice has also filed motions to dismiss LTL’s second bankruptcy case.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest, but naive debtors.” The doors “are not available to anyone that don’t have a legitimate bankruptcy reason or want to use bankruptcy to delay or hinder their creditors.” Vara continued.
For its part, J&J maintains there is no definitive evidence to suggest that its Talc products, which includes its iconic baby powder, can cause cancer. J&J has been taking the products from the market and will first launch them in North America in 2020–and the rest of the world later this year.
J&J seeks to avoid the expense of going to court. It has prevailed in the majority of cases that have been resolved in court, however certain losses have been severe.
A highly-publicized trial in Missouri resulted in a $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
Overall, J&J has lost nine trial involving talc that are on appeal or have been decided. In 41 trials 32 ended with winning for J&J either through a mistrial or plaintiff verdict that was overturned on appeal. Is old spice talc powder safe. The company also in 2020 moved to settle more than 1,000 cases worth the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Old Spice Talc Powder Safe
Our lawyers handle baby powder cases in all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been ongoing for many years. Is old spice talc powder safe. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient in products such as Shower to Shower Powder along with Shower to Shower as well as other products, may cause ovarian cancer in some women.
This page offers an J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amounts in these cases of ovarian cancer.
Did the deadline expire for you to file a talcum powder lawsuit? Many who believe that the deadline has passed to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Old Spice Talc Powder Safe
June 2 2023 Update: During the asbestos talc case which took place in California yesterday, a few technical issues interrupted the opening speech of defense attorneys. Is old spice talc powder safe. Jurors watching from their homes via Zoom and hearing the Johnson & Johnson’s lawyer voice his doubts about the 70s research asserting the presence of asbestos in their product before the trial was abruptly closed.
In the meantime, the plaintiff was able to introduce its first expert witness Arthur Langer. Langer stated that the presence of additional minerals along with talc is expected. He testified that his team advised J&J in 1971 of the presence of asbestos chrysotile in the talc manufactured by the company, though at lesser than 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update: Is old spice talc powder safe. The first trial since J&J made the decision to split its Talc division, and then declare bankrupt is an important moment in the ongoing talc lawsuit story. Trial began yesterday in the heartbreaking case of a young, 24-year-old plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma in the past year, a diagnosis lawyers on both sides believe is a tragic loss.
The opening statements exposed the stark differences in each side’s story. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging the use of deceptive strategies in its research practices as well as throughout the litigation procedure. In the words of attorney the company tried to manipulate asbestos’ definition, despite internal documents dating back to between 1978 and 1994 that showed fibers discovered in the plaintiff’s tissue are included.
Johnson &J’s highly uncertain $8.9 billion settlement proposal hangs in the balance as we progression of this trial. Despite the distinct nature of this mesothelioma case and its unique challenges compared to other talcum powder lawsuits A verdict in favor of the plaintiff could be an enormous setback for J&J’s hope of gaining broad acceptance for the settlement they have proposed among plaintiffs.
May 31st, 2023 Update: Johnson and Johnson’s bankrupted talc unit has is defending the second Chapter 11 filing in the facing challenges from the talc injury plaintiffs. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the situation differed fundamentally from the first filing. It also emphasized the unprecedented commitment to $8.9 billion to J&J, the largest settlement ever made in any bankruptcy case that involves mass tort. Is old spice talc powder safe. Not mentioned: how the magnitude of the settlement implies that it is a fair settlement. J&J also claimed support from a variety of plaintiffs’ law firms representing over 600,00 claimants. It is difficult to confirm but it’s likely to be false.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the very first trial on its cosmetic talc products that are believed to containing asbestos is set to start jury selection on Monday, May 24, California with Alameda County Superior Court, the most favored location for plaintiffs. The plaintiff claims that his mesothelioma resulted from asbestos exposure through J&J’s products which that the company does not deny. The trial also includes six retailers accused of selling talc 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 post of future claims representative. This is which is vitally important to resolving the claims involving talc. Is old spice talc powder safe. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the United States was appointed as the claims representative in the previous bankruptcy. J&J’s defense team wants Ellis to be named to the position and again, but attorneys for the talc plaintiffs have raised objections on the grounds that Ellis has an unrelated conflict of interest which should stop her from taking on that role once more. This conflict is rooted in the fact that Ellis was reportedly involved in the drafting of the highly disputable second bankruptcy, which raises doubts about her ability to be neutral. However, the reality is that the bankruptcy will get dismissed anyway.
May 17, 2023 Update: The fake company J&J created for the talc bankruptcy has informed a New Jersey bankruptcy court that they have allocated $400 million to settle claims made by states accusing the company of deceptive advertising for its talc product. Is old spice talc powder safe. It’s a $8.5 billion settlement for cancer sufferers. It’s hard to imagine the scenario in which J&J will be able to push the settlements of baby powder through with these numbers. While J&J’s $8.5 billion offer seems like a huge sum initially, it does not look great when you look at the numbers. The settlement plan based on our rough calculations, would not be able to pay victims more than a median settlement of $100,000 per case. This isn’t enough.
May 15, 2023, Update J&J could be facing lawsuit by an advocacy group that represents cancer victims. Is old spice talc powder safe. The group claims J&J deliberately withdrew a $61.5 billion fund-raising agreement in conjunction with its affiliate, LTL Management LLC, to create the appearance of financial hardship and confirm the unit’s Chapter 11 bankruptcy filing. The group claims this decision amounts to a fraudulent transfer of rights of compensation for victims. They will 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 next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy petition filed from J&J subsidiary LTL Management. However, in the meantime the bankruptcy has issued 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: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer through asbestos exposure. Is old spice talc powder safe. More than 2700 people have filed lawsuits against the company and it has been paying $1 million per month to defend its legal position. The company’s latest $29 million verdict on the state of South Carolina forced it to file for bankruptcy protection, arguing for a fair distribution of assets between the claimants of talc instead of being seized by the receiver. Other talc suppliers have also declared bankruptcy because of 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 proposed $8.9 billion deal. In Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps in their second bankruptcy matter and Judge Kaplan encouraged further settlement talks.
This is the solution to resolve the claims of J&J. The baby powder settlement is likely to be made. Is old spice talc powder safe. But it will require additional money – perhaps billions of dollars of Johnson & Johnson.
Lawyers are divided over whether to accept the proposal and not all clients view this issue the same way their lawyer does. The second bankruptcy case is bound to fail, with Judge Kaplan has set a date for a hearing in June to determine whether to close the case for the third time.
May 3 2023 Update The group of cancer victims suing Johnson & Johnson (J&J) requested an order from J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation over talc products. The group representing the claimants submitted a motion on Tuesday requesting the Third Circuit to consider their case and to send it back before a court of lower jurisdiction with instructions for dismissing the bankruptcy. Is old spice talc powder safe. They also requested that the stopped tort litigation against J&J should be permitted to proceed.
LTL applied for Chapter 11 protection once again after its bankruptcy filing was rejected in the Third Circuit earlier this year which offered an $8.9 billion agreement. The committee believes that the recent ruling allowing LTL’s 2nd Chapter 11 to continue, as well as halting the trials against J&J should be subject to immediate Third Circuit review. The US Trustee also asked that an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation, Erik Haas, was quoted by Bloomberg saying that J&J plans to file a formal response in the appeals court, saying that the filing is a “desperate and legally deficient attempt” by a small number of law firms with conflicting financial interests.
May 1st, 2023 Update: One frequently asked question is how plaintiffs and their lawyers be able to turn off $8.9 billion. Of course, that’s quite a sum. However, there are lots of victims. Is old spice talc powder safe. These are actually a good arguments for plaintiffs. We have been reminded of this recently with two talc trials ended in large verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon ended in a verdict that was $18.1 million. In the same month, a different mesothelioma talc case was brought to trial at South Carolina and resulted in a verdict of $29 million on behalf of the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. One of the most prominent suppliers of talc within the U.S.
April 30th 2023 Update: J&J first attempted to drag the litigation over talcum powder into bankruptcy, it was met with an offer to reserve $2 billion for settlements. This was an absurdly low amount. None of the talc plaintiffs supported the proposal. However, this time, J&J has increased the offer to $8.9 If the talc plaintiffs are willing to accept bankruptcy settlements and they also have the support of a large segment of the talc plaintiffs and their attorneys. Is old spice talc powder safe. But with 75% of plaintiffs in the talc category, which is required for bankruptcy plan approval is a difficult road with so many lawyers with massive inventories of baby powder litigations opposed in favor of the deal.
What could solve the impasse? More billions.
April 25 2023 Update: Talc cancer claimants have demanded a judge reject the 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 powders cause cancer. Is old spice talc powder safe. The 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not a candidate for bankruptcy relief since it was unable to demonstrate financial stress.
The claimants contend that LTL’s Second Chapter 11 case is an misuse of the bankruptcy system, and that it is being pursued in bad good faith. J&J asserts that the bankruptcy settlement is backed by “significant support” from the firms that represent around 60,000 claimants. It’s safe to say that lawyers representing plaintiffs and victims ‘ lawyers are not united over their disagreement over the $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge has decided in favor of Johnson & Johnson must face new lawsuits claiming that the company sold a baby powder that contained a chemical that causes cancer. Even though trials for talc lawsuits are paused for a minimum period of 60 days and new lawsuits are able to be filed and lawyers will begin preparing their cases. Is old spice talc powder safe. The judge expressed skepticism over J&J’s absurd attempt to revive its strategy by filing a second bankruptcy case.
April 13 2023 Update: biggest update is about the $8.9 billion over the next 25 years of settlement. Lawyers representing cancer patients within MDL class action MDL collective action vowed to fight the settlement along with those who claim talc. Why? They argue that it’s not enough money for more than 70,000 cancer victims. Is old spice talc powder safe. These lawyers believe that J&J could negotiate a greater settlement or even litigate individual claims if the most recent bankruptcy is declared unconstitutional.
There is a different lawyer group that isn’t part of the top leadership in this class action. These lawyers have collectively amassed tens of thousands of cases. The group is seeking to settle now in what many believe to be lower than what the victims should be paid. Their argument seems to be two-fold. They argue that the settlement – about 100 million dollars on average per plaintiff is fair.
This argument isn’t easy to prove. The second argument is more force: the victims can not afford to wait any longer and need to get their money right now.
April 12 2023 Update: People are wondering if J&J can go through bankruptcy again. The answer is complex and convoluted. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to deal with both present and future lawsuits involving talc conclusively. That is, it thinks it will pay less in the event of a bankruptcy element that creates pressure to negotiate a settlement. Is old spice talc powder safe. Moving past more than 400 years in American history, the firm believes that bankruptcy is beneficial to all parties by distributing settlement payments more evenly and effectively than trial courts in which some litigants receive substantial payouts, while others are left with nothing.
The basic tenet in this 3rd Circuit decision was this isn’t a case that involves one that makes a profit, but an entity to assume the legal risk and declare bankruptcy – Congress considered when it was drafting the Bankruptcy Code. But it also said that the subsidiary was not financially crisis because J&J assured it of unlimited funding.
So J&J did not hesitate to take advantage of the unlimited funding aspect of the contract but did not pledge to fund unlimited litigation. The company says that its revised financing arrangements with its subsidiary will address concerns of the appeals court while offering claim payment funds. In the hope that offering victims less money would solve the problem at hand.
Lawyers representing cancer patients who oppose the deal 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 earlier ruling. Hyperbole did not go unnoticed attorneys representing the victims claim it the most significant “fraudulent deal ever in United States history.”
Despite all the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it is a way of pushing this $8.9 billion settlement to keep pressure on plaintiffs.
April 10 2023 Update Bloomberg has an interesting article on a new law within New Jersey that is shedding new light on the funding of litigation in the plaintiffs in the class action. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) over talc products in exchange for a percentage of any profits. J&J has now offered the payment of $8.9 billion to settle any lawsuits.
The involvement of the funders is public knowledge because of the New Jersey court rule requiring the disclosure of certain information 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 include state and federal baby powder lawsuits. Third-party funding of mass tort cases has both pros and cons. However, there is no doubt that we are seeing how third-party funding could level the playing field between individual and big corporations in court.
April 4 2023 Update: It is fun to watch the worm turning in this case. J&J took another hit this week when an appeals court in the Third Circuit denied J&J’s request to maintain the automatic stay as J&J appeals an order granting bankruptcy to the U.S. Supreme Court. Automatic stays have froze the cases of talcum powder in a number of years and stopped any new lawsuits from getting filed ever since J&J started the controversial process to spin the talc debts into a bankrupt company over a year in the past. Is old spice talc powder 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 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 odds that of the Supreme Court is willing even to take up the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay being officially lifted, the very first new cases were filed and incorporated into the talcum powder class action MDL in just over a year. Seven new talc cases were joined to the MDL in the last month and brought the total number of cases pending to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee is now requesting that The U.S. Government Accountability Office (GAO) launch an investigation into how much J&J Talc products have cost the government in the years.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of failing to recognize the dangers of its talc products over years while tax dollars were spent on treating people who suffered injuries from exposure to the chemicals. The demand comes just weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is old spice talc powder safe. J&J must begin making reasonable settlement proposals to victims, in order in putting this behind it. It is a stain on one of the greatest companies.
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 Is old spice talc powder 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!