You May be Entitled to Significant Compensation Is talc free body 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 pay $440 million US state AGs. Is Talc Free Body Powder Safe .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of a larger $8.9 billion settlement of claims that its Baby Powder and other talc items cause cancer. Is talc free body powder 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 patients in an arrangement for bankruptcy. Is talc free body powder safe. J&J has said that its talc products are safe and won’t cause cancer. It’s trying for another time to settle more than 38,000 lawsuits in bankruptcy and stop new cases from arising in the near future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for claims filed with state attorneys general claiming that J&J did not comply with the state’s unfair commercial practices and consumer protection laws through misleading consumers regarding the dangers of its talc products.
Some states had started consumer protection lawsuits against J&J prior to the first bankruptcy filing prevented those investigations from proceeding in 2021. Is talc free body powder safe. New Mexico and Mississippi had already filed suits for damages against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court papers.
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 have argued that a successful company like 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, when a U.S. appellate court decided in favor of LTL did not have “financial difficulty” and was not eligible to receive bankruptcy relief. Is talc free body powder safe. LTL made a new bankruptcy application just over two hours after that dismissal, arguing that the second bankruptcy was different because it had less money and more backing for the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates the state’s law enforcement authority by trying to unilaterally cap the company’s liability for state consumer protection measures.
Is Talc Free Body Powder Safe
LTL’s filings for the new year also contained additional details about how the company would evaluate and pay claims for cancer when the bankruptcy plan is approved.
The highest payments under the settlement will be $500,000 for people diagnosed with cancer of the mesothelioma ovary before age 45. Is talc free body powder safe. The second payment would be $260,000 for those who have been diagnosed with advanced ovarian cancer prior to age 45.
From there, the proposed settlement provides discounts based on the kind and severity of cancer, the individual’s age, previous the use of talc, and other aspects. Is talc free body powder safe. For example an individual who was using daily talc products, had an ovarian cancer family history, cancer and was diagnosed with stage II ovarian cancer when she was 55 might qualify for a $21,125 payout under the program.
Judge orders J&J, talc opponents to engage in settlement talks.
After another round of hearings in Johnson & Johnson’s effort to implement a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the plan to enter into talks to reach a settlement, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary set up by J&J to settle claims – the company offered a settlement of $8.9 billion. Is talc free body powder safe. While one group of law firms representing plaintiffs supports the offer, another group is opposed to the offer.
This week, the opposition group, dubbed”The Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition argument that LTL is not considered to be in financial distress.
“The filing is an incredibly legal and ineffective attempt by a handful 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 a statement. Is talc free body powder safe. “The law firms behind these filings have interests in finance that do not align with, contradict and oppose the interests of their clients. We’ll submit a response an appeal to the appellate court.”
Is talc free body powder safe. Clay Thompson, a lawyer for MRHFM, which boasts more than mesothelioma clients who have filed lawsuits against J&J claimed that the second bankruptcy attempt of J&J will fail.
“J&J sends out press releases about how wonderful its plan is, while demanding that plan details–including what individual sick people would actually receive–be kept secret,” Thompson said in an email. “What does the company have to hide?”
Kaplan has directed the parties to come up with another reorganization plan, under the supervision by two mediators.
The court in February of 2022 Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would relieve the company from the tens of thousands of claims concerning its talcum products.
But in the month of January, a federal appeals court ruled against the verdict, ruling that the company was not able to be considered to be in “financial financial distress.”
In the event that J&J’s request to make an appeal before the U.S. Supreme Court was dismissed at the end of April J&J was granted a second petition for bankruptcy two hours later. In response, Kaplan froze the lawsuits for 60 days to decide whether to grant to file for bankruptcy again.
J&J’s omnipotent profit engine fails after $6.9B talc litigation charge.
In the Two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put suspended. Is talc free body powder safe. The company is requesting that claimants take a vote to accept their settlement. J&J would need 75% approval for the deal to go through.
In addition to the gang of talc lawyers that criticized the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee, an arm of the U.S. Department of Justice is also submitting a motion to dismiss LTL’s second bankruptcy.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest but unfortunate debtors.” The doors “are not open to any parties who do not have a legitimate bankruptcy reason or want to use bankruptcy to hinder or delay their creditors.” Vara continued.
To its credit, J&J maintains there is no evidence conclusive that its talc products, including its iconic baby powder, cause cancer. J&J has adopted the products of the market–first to be available in North America in 2020–and the rest of the world later this year.
J&J seeks to avoid the expense of going to trial. It has prevailed in the majority of cases that were decided during trial, however, some losses have been very punishing.
A highly publicized trial in Missouri resulted in a $4.7 billion verdict against the drug maker but 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 cases involving talc, which are appealing or resolved. Out of 41 trials, 32 have resulted in winning for J&J or a mistrial, or verdict of a plaintiff dismissed upon appeal. Is talc free body powder safe. Separately, the company has announced plans to settle nearly 1000 cases at a cost of 100 million dollars, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Free Body Powder Safe
Our lawyers handle the baby powder litigation in all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been going on for a long time. Is talc free body powder safe. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in many products, including the Baby Powder or Shower to Shower, can cause ovarian cancer among some women.
This page gives the J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling will impact the final settlement amount in the Ovarian Cancer lawsuits.
Is the deadline for you to bring a talcum lawsuit? Many who believe the statute of limitations has passed to sue Johnson & Johnson are wrong. Call us at 800-553-882 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Free Body Powder Safe
June 2, 2023 Update: During the trial for asbestos-containing talc at the trial in California yesterday, a couple of technical issues halted the opening statement by the defense lawyers. Is talc free body powder safe. Jurors who were watching at home via Zoom but did not hear Johnson & Johnson’s lawyer expressing skepticism about the 70s science affirming the presence of asbestos in their product before the trial was abruptly closed.
Meanwhile, the plaintiff had the opportunity to present their first witness, Arthur Langer. Langer explained that the existence of other minerals alongside talc is inevitable. He also testified that his team informed J&J in 1971 about the presence of chrysotile asbestos within the talc of the company, but with just 0.1 percent. He also discovered more asbestos in the year 1976.
June 1, 2023 Update: Is talc free body powder safe. First trial after J&J decided to spin off its talc division, and then declare bankrupt marks an important turning point of the ongoing lawsuit drama. The trial started yesterday in the poignant trial of a young plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma last year, which lawyers on both sides of the argument agree is a harrowing tragedy.
The opening statements exposed the stark differences in each side’s story. The attorney for the plaintiff took aim at Johnson & Johnson, alleging the use of deceptive tactics in research practices and throughout the litigation procedure. As per the lawyer, Johnson & Johnson attempted to alter asbestos’ definition, despite internal documents from between 1978 and 1994 that showed fibers discovered in the tissue of the plaintiffs are included.
Johnson &J’s highly uncertain $8.9 billion settlement offer hangs in the balance with the course of this trial. Despite the unique nature of this mesothelioma-related case and its distinct issues compared to other lawsuits involving talcum powder, a verdict favoring the plaintiff could be an enormous setback for J&J’s hope of gaining broad acceptance for their settlement proposal among plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupted talc unit has vigorously defended their two-time Chapter 11 filing in the face of challenges from talc injury claimants. In an opposition filed with the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing differed fundamentally from the previous filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion to J&J which is the largest ever settlement in a mass tort bankruptcy case. Is talc free body powder safe. There was no mention of how the size of the settlement signifies that it’s a fair settlement. J&J also claimed support from numerous plaintiffs’ law firms representing over 600,00 claimants. This is difficult to verify but it’s likely to be false.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the very first trial regarding its cosmetic talc products that are believed to comprised of asbestos is set to begin jury selection on Monday, California within the Alameda County Superior Court, the most favored court for plaintiffs. Plaintiff claims that mesothelioma is the result of asbestos exposure resulting from J&J’s products, an allegation J&J has denied. The trial also includes six retailers accused of selling talc products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are currently disputing who should be appointed to the role of future claims representative, a role that is critically essential in resolving the talc claims. Is talc free body powder safe. Randi Ellis, a lawyer who regularly appears in MDLs throughout the country, was appointed as the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be named to the position again, but lawyers for the talc plaintiffs are protesting on the grounds that Ellis has an unrelated conflict of interest which would prohibit her from assuming that position once more. This conflict is rooted in the reality that Ellis was believed to have been involved in the drafting of the highly contesting second bankruptcy, which raises concerns about her capability to remain neutral. It’s true that this bankruptcy is likely to be dismissed in the end.
May 17, 2023 Update: The pretend company J&J created to handle the bankruptcy of talc told a New Jersey bankruptcy court that they had allocated $400 million to settle the claims brought by states accusing the company of deceptive advertising regarding its talc products. Is talc free body powder safe. This amounts to an $8.5 billion settlement for cancer sufferers. It is hard to imagine an eventuality where J&J can get the baby powder settlements in these figures. Although J&J’s $8.5 billion offer sounds like a large sum initially, it does not look great when you consider the math. This settlement proposal – by our rough calculations would not provide victims with much more than an average settlement $100,000 per instance. This isn’t enough.
May 15 2023, Update J&J is potentially facing a suit from an advocacy group that represents cancer victims. Is talc free body powder safe. The group claims that J&J deliberately retracted an $61.5 billion funding agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims this decision could be interpreted as a fraudulent transfer of the rights of victims’ compensation. They intend to investigate J&J’s actions as a result of the denial of 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 regarding a motion to reject the second bankruptcy filing by J&J company LTL Management. In the meantime it has approved an order calling for both parties to participate in a second settlement mediation with the hopes of achieving the global settlement can be brokered.
May 5th, 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer due to asbestos exposure. Is talc free body powder safe. Over 2,700 people have sued the company, and it was paying $1 million per month on legal defense. The company’s latest $29 million settlement at the Supreme Court of South Carolina forced it to pursue bankruptcy protection, and arguing that assets should be distributed in an equitable manner among talc claimants instead of being taken from the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of the litigation.
May 4 2023 Update: U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume talks on settlement with lawyers who have rejected the company’s proposed $8.9 billion deal. In Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps in this second case of bankruptcy and Judge Kaplan has pushed for further settlement talks.
This is the answer to resolve these claims for J&J. The baby powder settlement is likely to be achieved. Is talc free body powder safe. But it’ll need more money, more billions of dollars – from Johnson & Johnson.
Lawyers are divided over whether or not to agree with the proposal and not all clients see the situation the same way their attorney does. Second bankruptcy cases are expected to be a failure with Judge Kaplan has scheduled a hearing for June to determine if she will remove the bankruptcy after the second.
May 3 2023 Update: A group of cancer victims suing Johnson & Johnson (J&J) asked for they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation regarding talc-related products. The group of talc claimants made a motion Tuesday requesting that the Third Circuit to consider their appeal and return the case the lower court with instructions for dismissing the bankruptcy. Is talc free body powder safe. They also asked that the stoppage of tort litigation against J&J be allowed to continue.
LTL applied for Chapter 11 protection once again after its bankruptcy filing was rejected by the Third Circuit earlier this year and offered an $8.9 billion agreement. The committee believes that the recent ruling, which allows LTL’s 2nd Chapter 11 to continue, while also halting trials against J&J and J&J, requires urgent Third Circuit review. The US Trustee requested be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a response in the appeals court saying that the filing is a “desperate and legally deficient plan” by a small number of law firms that have conflicts of financial interests.
May 1st 2023 Update: One common question that people ask is how could plaintiffs and their attorneys turn on $8.9 billion. That’s of course an immense amount of money. There are a lot of victims. Is talc free body powder safe. They are a great case for plaintiffs. We were reminded of this last week by two talc-related trials that led to huge verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon led to a verdict that was $18.1 million. The following month, a second mesothelioma talc case was brought to trial in South Carolina and resulted in the verdict of $29 million in favor of plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the leading suppliers of talc in the U.S.
April 30 2023 Update: J&J initially tried to take the talcum powder lawsuit into bankruptcy, they came with an offer to put aside $2 billion for settlements. This was an absurdly low amount. None of the talc plaintiffs supported the proposal. 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 segment of the talc plaintiffs as well as their lawyers. Is talc free body powder safe. However, 75% of plaintiffs who are a talc, which is required to approve bankruptcy plans is not an easy task with so many lawyers with large inventories of baby powder litigations opposed against the proposed settlement.
What are the solutions to the impasse? More billions.
April 25 2023 update: Talc patients have sought a court order to disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, saying the company is not financially distressed. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Is talc free body 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 had not demonstrated financial trouble.
The claimants assert that LTL’s third Chapter 11 case is an abuse of the bankruptcy system and that it’s being pursued in bad faith. J&J says the bankruptcy settlement is backed by “significant backing” from the firms that represent about 60,000 potential people who are claiming. It’s fair to say plaintiffs’ lawyers and victims ‘ lawyers are divided on their disagreement over the $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 baby powder that was contaminated and causing cancer. Although trials for Talc lawsuits are suspended for a minimum of 60 days however, new lawsuits may be filed and lawyers will begin preparing their cases. Is talc free body powder safe. Judges expressed doubt about J&J’s pathetic attempt to revive its plan with a second bankruptcy case.
April 13th 2023 Update: The most important news is the $8.9 billion over 25 years settlement offer. Lawyers representing cancer victims who are part of MDL class action MDL group action vowed to fight the settlement alongside the talc claimants. Why? They argue that it’s not enough to pay for more than 70,000 cancer victims. Is talc free body powder safe. They argue that J&J could negotiate a greater settlement or litigate individual claims if the most recent bankruptcy is thrown out.
However, there is a second set of lawyers who are not part of the leadership in the class action. These lawyers have collectively amassed the equivalent of tens of thousands of lawsuits. This group wants to settle the case now for what many argue is less than these victims deserve. Their argument appears to be twofold. The first is that they claim the settlement – which amounts to 100,000 dollars per plaintiff – is fair.
That is a hard argument to prove. But their second argument has more force: victims should not afford to wait any longer and need to get their money right now.
April 12 2023 Update: Many are seeking out how J&J can file for bankruptcy again. The answer is complex and complex. Let’s try to simplify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only means to deal with both present and future talc lawsuits conclusively. Also, it believes it can pay less when there is a bankruptcy element that creates pressure to settle. Is talc free body powder safe. Driving past the 400-year span of American time, the business argues that bankruptcy benefits everyone by dispersing settlement payments more equitably and effectively than trial courts, in which some litigants receive substantial awards while others receive nothing.
The gist of this 3rd Circuit decision was this is not a case of the profit-making company that has an entity to assume the legal risk and declare bankruptcy – something Congress thought of when drafting its Bankruptcy Code. It also clarified that the entity was in financial crisis due to the fact that J&J promised unlimited funding.
Then J&J did not hesitate to take advantage of the funding unlimited part of the contract and didn’t make any promises that it would provide unlimited funds for lawsuits. The company claims that revised financing arrangements with its subsidiary address the concerns of the appeals court while offering funds to pay claims. As if offering victims lower amounts of money would resolve the overall issue.
Attorneys representing cancer victims who do not agree with the agreement counter this by arguing that the plaintiff is the legal argument. Is talc free body powder safe. They counter with legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s decision. Hyperbole did not go unnoticed: victims’ lawyers call it the biggest “fraudulent transaction of assets in United States history.”
In spite of the legal jargon, J&J does not really think this bankruptcy will survive. But it is a way to try and push the $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 of New Jersey that is shedding new light on the funding of litigation in the Class action suit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) on behalf of talc products. They exchanged in exchange for a portion of profits. J&J has now offered to pay $8.9 billion in settlements for all lawsuits.
The involvement of funders is publicly available because of the New Jersey court rule requiring the disclosure of certain information about outside funding backers. The rules aim to address the rising calls for the regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you add up state and federal baby powder lawsuits. Third-party financing in mass tort cases has its pros and cons. There is no doubt that we are seeing how third-party funding could level the playing field between individuals and big corporations in the courtroom.
April 4 2023 Update: It is pleasing to see the worm turning in this lawsuit. J&J suffered another setback this week, when the Third Circuit denied J&J’s request to continue the automatic stay as J&J appeals an appeal before the U.S. Supreme Court. It has halted the cases of talcum powder in a number of years and prevented the filing of new lawsuits ever since J&J launched the controversial attempt to spin talc-related liabilities off into a bankrupt company over one year ago. Is talc free body powder safe. When it was decided that the 3rd Circuit ruled that this bankruptcy was not legal only a few months back, the stay was removed. J&J had hoped to have it continue in the meantime of hearing the SCOTUS appeal. But the answer was no.
April 1st, 2023 Update Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The chance 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 first new cases were filed and incorporated into the class action for talcum powder MDL in the space of a year. Seven new talc lawsuits were added to the MDL in the past month increasing the number of cases that are pending to 37,522.
February 25 2023 Update: A Congressmen from Tennessee has now demanded that authorities from the U.S. Government Accountability Office (GAO) launch an investigation into the cost J&J products containing talc have cost the government in the years.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of failing to recognize the dangers of its talc-based products for long while tax dollars utilized to treat people injured by exposure to the product. This lawsuit comes a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Is talc free body powder safe. J&J needs to start making reasonable settlements to victims to the process of putting all this behind it. This is a disgrace to one of the top companies.
February 14 2023 Update: At an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc free body 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!