You May be Entitled to Significant Compensation Is talc free 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 talc settlement would pay $400 million to US state AGs. Is Talc Free Powder Safe .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its larger $8.9 billion plan to settle allegations that its Baby Powder and other talc products cause cancer. Is talc free powder safe.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay different types of cancer patients in the bankruptcy settlement. Is talc free powder safe. J&J has claimed that its Talc products are safe and will not cause cancer. J&J is seeking the second time to end more than 38,000 lawsuits in bankruptcy, and to prevent any new cases from arising in the near future.
LTL’s bankruptcy plan will pay $400 million into a separate trust for claims made by state attorneys general claiming that J&J violated state unfair business practices as well as consumer protection laws, by deceiving consumers regarding the quality of its talc products.
Several states had begun consumer protection actions against J&J prior to the first bankruptcy filing prevented these investigations from progressing in 2021. Is talc free powder safe. New Mexico and Mississippi had already brought lawsuits against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas, according to LTL’s court filings.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL in a joint move with cancer victims as well as the U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making company like J&J cannot benefit from bankruptcy protections intended for those struggling with debt.
The company’s initial attempt to resolve the bankruptcy lawsuits was thrown out after similar arguments. The U.S. appellate court decided in favor of LTL wasn’t in “financial difficulty” and ineligible for bankruptcy protection. Is talc free powder safe. LTL filed a second bankruptcy in just two hours following that dismissal, arguing that its second attempt was different as it was able to borrow less 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 seeking to unilaterally limit the liability of the company for state consumer protection actions.
Is Talc Free Powder Safe
LTL’s filings for the new year also contained more information about the way in which the company will evaluate and pay for cancer claims when the bankruptcy plan is approved.
The maximum amount under the settlement would be $500,000 to those diagnosed with mesothelioma terminal prior to age 45. Is talc free powder safe. The second payment would be $260,000 for people diagnosed with ovarian cancer that is terminal before age 45.
From there, the proposed settlement provides discounts based on the type and severity of cancer, an individual’s age, the history of the use of talc, and other aspects. Is talc free powder safe. For instance an individual who was using talc products weekly, had an ancestral history of ovarian cancer and was diagnosed with the stage 2 ovarian cancer at age 55 might qualify to receive a payout of $21,125 under the program.
Judge ordains J&J and talc opponents participate in settlement talks.
Following another hearing in Johnson &Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing 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 established by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Is talc free powder safe. While one group of law firms representing plaintiffs support the deal, another group is opposed to the offer.
Earlier this week, the opposition group, which is known as the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case by argument that LTL cannot be regarded as in financial hardship.
“The filing is an unjust and legally flawed attempt by a handful of law firms to block claimants from voting on the resolution, which the vast and growing majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Is talc free powder safe. “The law firms involved in this filing have financial interests that conflict with, diverge from, and are in opposition to the interests they represent. We’ll soon submit a response an appeal to the appellate court.”
Is talc free powder safe. Clay Thompson, a lawyer for MRHFM which boasts more than patients with mesothelioma who have filed lawsuits against J&J claimed that the company’s second bankruptcy try failed.
“J&J issue press releases describing how fantastic its plan is, while requesting that details of the plan, such as what individuals with illnesses would receive — be kept private,” Thompson said in an email. “What is J&J’s plan to hide?”
Kaplan has instructed both sides to develop a new restructuring plan, with the oversight and supervision of mediators.
The court in February of 2022 Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that will free the company from the thousands of lawsuits concerning its talcum products.
In the month of January, an appeals court in the United States overturned the verdict, ruling that the business could not be considered in “financial financial distress.”
The J&J’s plan to contest the U.S. Supreme Court was turned down the same month, J&J was granted a second petition for bankruptcy about two hours after. In response, Kaplan froze the lawsuits for 60 days in order to determine whether or not to accept to file for bankruptcy again.
J&J’s unstoppable profit engine goes out of control after $6.9B talc litigation charge.
With Two Chapter 11 attempts, J&J has purchased 19 months of which cases were put on hold. Is talc free powder safe. The company is requesting that claimants accept their settlement. J&J would need 75% acceptance for the deal to pass.
Alongside the group of talc lawyers who criticised the company’s bankruptcy play as well, the U.S. Trustee which is a division that is part of the U.S. Department of Justice was also the one to file motions to dismiss LTL’s second bankruptcy.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest but unfortunate debtors.” These doors “are not open to any parties that lack a legitimate bankruptcy goal or who seek to use the bankruptcy process to delay or hinder their creditors,” Vara continued.
On the other hand, J&J maintains there is no conclusive evidence that its products containing talc, such as its iconic baby powder, cause cancer. J&J has been taking the products of the market first to be available in North America in 2020–and the remainder of the globe later this year.
J&J wants to avoid the cost of going to court. It has prevailed in the majority of cases that have been resolved during trial, however, certain losses have been extremely severe.
A well-known trial in Missouri resulted in an $4.7 billion verdict against the drugmaker, 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 in appeal or decided. In 41 trials 32 of them ended in winning for J&J, a mistrial or plaintiff verdict that was dismissed in appeal. Is talc free powder safe. Separately, the company in 2020 sought to settle nearly 1,000 cases for the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Free Powder Safe
Our lawyers handle baby powder cases in all 50 states. The lawsuits involving talcum powder for Johnson & Johnson have been in the process for several years. Is talc free powder safe. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in products such as baby Powder and Shower to Shower which can cause ovarian cancer in some women.
This page provides a J&J Talc Power litigation update and explains how the forthcoming bankruptcy ruling affects the final settlement amounts in the Ovarian Cancer lawsuits.
Is the deadline for you to file a talcum powder lawsuit? Many people who think the time limit has expired to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a no-cost, quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Free Powder Safe
June 2 2023 Update: At the asbestos talc trial that took place in California yesterday, a few technical issues interrupted the opening statements of the defense lawyers. Is talc free powder safe. Jurors who were watching from home on Zoom but did not hear Johnson & Johnson’s lawyer voice his skepticism about the 70s science asserting the presence of asbestos in their product prior to the session abruptly ended.
In the meantime, the plaintiff was able to introduce their first witness, Arthur Langer. Langer explained that the occurrence of additional minerals along with the talc’s mineral content is inevitable. He also testified that his team informed J&J in 1971 of the presence of chrysotile asbestos within the talc of the company, but in lesser than 0.1 percent. He also found more asbestos in 1976.
June 1, 2023 Update: Is talc free powder safe. This is the first court trial that has taken place since J&J took the decision to disband its talc section and declaring bankruptcy is an important point for the ongoing litigation drama. The trial started yesterday in the tragic case of a young 24-year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma last year. an illness that lawyers on both sides believe is a tragedy of a different kind.
Opening statements revealed sharp differences in the two sides’ story. The attorney representing the plaintiff aimed his ire against Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation procedure. As per the lawyer Johnson & Johnson tried to alter asbestos’ definition, despite internal documents from 1978 and 1994 showing that asbestos fibers found in tissue of the plaintiffs are included.
Johnson &J’s tangled $8.9 billion settlement deal hangs in the balance with the progression of this trial. Despite the particularity of this mesothelioma-related case and its distinct issues compared to other lawsuits involving talcum powder ruling in favor of the plaintiff could inflict a serious setback to J&J’s hopes for broad acceptance of their proposed settlement with plaintiffs.
May 31 2023: Update from Johnson & Johnson’s bankrupt talc unit is defending its Second 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 prior filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion from J&J as the biggest settlement ever to be made in an bankruptcy case involving mass torts. Is talc free powder safe. There was no mention of how the magnitude of the settlement indicates that it is a fair settlement. J&J also claimed support from a variety of plaintiffs’ law firms representing over 60,000 claimants. It is difficult to confirm but is probably incorrect.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the very first trial involving its cosmetic talc items allegedly comprised of asbestos is set to commence jury selection on Monday, May 24, California at Alameda County Superior Court, the most favored location for plaintiffs. The plaintiff asserts that his mesothelioma was triggered by asbestos exposure resulting from J&J’s products and that the company does not deny. 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 fighting over who should be appointed to the role of future claims representative, the role is crucially essential to the resolution of the talc claims. Is talc free 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 team wants Ellis to be named to the position again, but lawyers for the talc plaintiffs are protesting on the grounds that Ellis has a conflict of interest which should stop her from holding that position once more. The conflict stems from the fact that Ellis was involved in the drafting of the highly contesting second bankruptcy, raising doubts about her capability to remain neutral. It’s true that this bankruptcy could be dismissed in the end.
May 17, 2023 Update The pretend company that J&J put together to handle the bankruptcy of talc told a New Jersey bankruptcy court that they have allocated $400 million to settle the claims of states that accuse the company of misleading advertising for its talc-based products. Is talc free powder safe. So that makes it an $8.5 billion settlement for cancer victims. It’s hard to imagine the scenario in which J&J can push these baby powder settlements through at these numbers. While J&J’s proposed $8.5 billion offer may seem like a large sum initially, it does not look good when you do the math. This settlement proposal – by our rough calculations – would not be able to pay victims more than a median settlement of $100,000 per instance. This isn’t enough.
May 15 2023, Update J&J may be in the middle of a lawsuit by an advocacy group that represents cancer patients. Is talc free powder safe. The group contends that J&J intentionally withdrew an $61.5 billion fund-raising agreement that it had with its company subsidiary LTL Management LLC, to simulate financial stress and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action is equivalent to a fraudulent transfer of the rights of compensation for victims. They plan to explore J&J’s actions after the announcement of the denial of LTL’s first bankruptcy suit.
May 10 2023 Update: Next week in this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy application of J&J company LTL Management. In the meantime, however the bankruptcy has issued an Order that requires both parties to participate in a second settlement mediation to see if a global settlement deal can brokered.
May 5th 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer from asbestos exposure. Is talc free powder safe. More than 2700 people have filed lawsuits against the company, and it was paying $1 million per month to defend its legal position. The company’s most recent $29 million verdict in South Carolina forced it to pursue bankruptcy protection, and arguing for an equitable distribution of assets to talc claimants, rather than being seized through the receiver. Other suppliers of talc have declared bankruptcy because of lawsuits.
May 4 2023 Update: U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen talks on settlement with lawyers who have rejected the company’s proposed $8.9 billion deal. In Trenton, New Jersey yesterday, the parties appeared in court to discuss the next steps for the second bankruptcy case and Judge Kaplan has pushed for further settlement talks.
This is the way to settle these claims with J&J. A settlement for baby powder can be achieved. Is talc free powder safe. But it’ll need additional money – perhaps billions of dollars from Johnson & Johnson.
Lawyers are split on whether to take the proposal or not and not all clients view this issue the same way their lawyer sees it. This second case of bankruptcy is destined to fail as Judge Kaplan has scheduled a hearing for June to determine if she will discharge the bankruptcy for the 2nd time.
May 3, 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) demanded that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation surrounding talc-based products. The group representing claimants for talc submitted a motion on Tuesday, asking to the Third Circuit to consider their case and to send it back an earlier court, with instructions to dismiss the bankruptcy. Is talc free powder safe. The committee also requested that the stoppage of tort litigation against J&J should be permitted to continue.
LTL applied for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected by the Third Circuit earlier this year which offered a $8.9 billion agreement. The committee argues that the recent ruling, which allows LTL’s third Chapter 11 to continue, in addition to halting trials against J&J and J&J, requires an immediate Third Circuit review. The US Trustee also asked that 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 saying that J&J plans to file a formal response in the appeals court characterizing the filing as a “desperate and legally insufficient move” by a small number of law firms that have different financial interests.
May 1st, 2023 Update: One most frequently asked question is how plaintiffs and their attorneys turn around $8.9 billion. Of course, it’s a lot of money. But there are plenty of victims. Is talc free powder safe. These are an excellent cases for plaintiffs. We have been reminded of this recently by two talc-related trials that have resulted in huge verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon ended in the verdict that was $18.1 million. A month later, another mesothelioma trial involving talc was held for trials in South Carolina and resulted in the verdict of $29 million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. which is one of the top manufacturers of talc in U.S.
April 30 2023 Update: When J&J first attempted to drag the lawsuit over talcum powder into bankruptcy, they came with an offer to reserve $2 billion for settlements. This was an absurdly low amount. The talc plaintiffs had not supported the offer. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they accept a bankruptcy settlement and also has the support of a substantial segment of the talc plaintiffs and their lawyers. Is talc free powder safe. But 75% of the talc plaintiffs, which is required to approve bankruptcy plans is not an easy task due to the sheer number of lawyers with large inventory of baby powder lawsuits opposed to the settlement.
What can be done to end the impasse? More billions.
April 25 2023, Update Talc plaintiffs have demanded a judge disqualify their Chapter 11 case filed by LTL Management LLC, a ridiculously 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-powders caused cancer. Is talc free powder safe. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January, saying the company wasn’t eligible to receive bankruptcy relief because it did not show financial difficulties.
The claimants assert that LTL’s second Chapter 11 case is an abuse of the bankruptcy system and that the case is being handled in bad good faith. J&J says the bankruptcy settlement is backed by “significant backing” from companies representing around 60,000 claimants. It’s fair to say that plaintiffs’ lawyers and victims are divided over what they believe is an $8.9 billion offer for settlement.
April 21, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that the firm offered a baby powder with a contaminant that caused cancer. Although the trials for the lawsuits involving talc are delayed for a minimum period of 60 days however, new lawsuits may be filed, and lawyers can begin preparing their cases. Is talc free powder safe. Judges expressed doubt about J&J’s attempt to relaunch its strategy in a second bankruptcy case.
April 13, 2023: Update on the major update is about the $8.9 billion over 25 year period settlement offered. Lawyers representing cancer victims in the MDL collective action promised to fight the settlement with talc claimants. Why? They believe it’s not enough for those suffering from cancer who are 70,000. Is talc free powder safe. These lawyers argue that J&J should negotiate a bigger settlement or even litigate individual claims if the most recent bankruptcy is dismissed.
But there’s a separate group of lawyers outside of the top leadership in that class action. They have amassed tens of thousands of cases. They want to settle now for what many argue is far less than what these victims deserve. Their argument is two-fold. The first is that they claim the settlement of around the equivalent of $100,000 per plaintiff – is fair.
That is a hard argument to make. But their second argument has more teeth: victims can no longer wait and want the money immediately.
April 12, 2023 Update: People are seeking out how J&J can go through bankruptcy again. The answer is complicated and confusing. However, let’s attempt to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to settle both present and future talc-related lawsuits definitively. In other words, it believes it can pay less in the event of a bankruptcy element that creates pressure to negotiate a settlement. Is talc free powder safe. Driving past 400 years of American past, the company believes that bankruptcy is beneficial to all parties by distributing settlement payments more evenly and efficiently than trial courts, which are where litigants get significant settlements while others get nothing.
The basic tenet of the 3rd Circuit decision was this is not a case – an enterprise that is profitable, forming an entity to assume the legal responsibility and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. But it also said that the entity was financially crisis due to the fact that J&J offered unlimited financing.
Thus, J&J jumped on the unlimited funding aspect of the agreement but did not pledge to provide unlimited funding for the litigation. The company says that its new financing agreements with its subsidiary address concerns of the appeals court while offering claim payment funds. It’s as if giving victims less money would solve the problem at hand.
Attorneys representing cancer patients who are against the agreement argue the agreement with what is the legal argument. Is talc free powder safe. They counter with legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous ruling. The hyperbole wasn’t spared attorneys representing the victims claim it the most significant “fraudulent transaction that has occurred in United States history.”
Despite all the legal jargon, J&J does not really believe that this bankruptcy will last. But it is a way to push for this $8.9 billion settlement and keep pressure on plaintiffs.
April 10, 2023 update: Bloomberg offers an informative piece on a law that has been passed of New Jersey that is shedding new light on the funding of litigation in the baby powder suit for class actions. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) concerning talc products in exchange for a percentage of any settlements. J&J is now offering the payment of $8.9 billion in settlements for all lawsuits.
The involvement of the funders is made public because of the New Jersey court rule requiring the disclosure of certain information about funders outside the state. This rule is intended to respond to the increasing calls for the regulation of litigation funders. J&J has more than 60,000 claims when you combine state and federal baby powder lawsuits. Third-party financing in mass tort cases is not without its pros and pros and. There is no doubt that we are seeing how third-party funding can level the playing field between individual and large corporations in court.
April 4, 2023 Update: It is pleasing to see the worm turn in this litigation. J&J took another hit this week, when an appeals court in the Third Circuit denied J&J’s request to continue the automatic stay during the time that J&J appeals a bankruptcy decision at the U.S. Supreme Court. It has halted thousands of talcum cases and prevented the filing of new lawsuits ever since J&J started the controversial process to spin talc-related liabilities into a bankrupt subsidiary more than one year back. Is talc free powder safe. After it was decided that the 3rd Circuit ruled that this bankruptcy was invalid a few months ago, the stay was revoked. J&J had hoped to have it continued pending its SCOTUS appeal. However, 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 for the Supreme Court is willing even to take up the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay being officially lifted, the first new cases have been filed and transferred into the talcum powder class action MDL in the space of a year. Seven new talc lawsuits were included in the MDL in the last month and brought the total number of cases in the pending process up to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now requesting that be the U.S. Government Accountability Office (GAO) begin an investigation into the cost J&J talc products have cost the government in the many years.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the dangers of its talc products for years while tax dollars were utilized to treat people injured by exposure to the chemicals. This lawsuit comes a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Is talc free powder safe. J&J must begin making reasonable settlement offers to victims to begin in putting this behind it. This is a disgrace to one of the world’s greatest firms.
February 14 , 2023 Update: At an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc free 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!