You May be Entitled to Significant Compensation Is talc in over the counter medications bad. 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 will pay $400 million to US state AGs. Is Talc In Over The Counter Medications Bad .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of a wider $8.9 billion deal to settle allegations that its Baby Powder and other talc products cause cancer. Is talc in over the counter medications bad.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company intends to pay for different types of cancer victims in an arrangement for bankruptcy. Is talc in over the counter medications bad. J&J has stated that its Talc products are safe and will not cause cancer. The company is trying for an additional time to conclude more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from being filed in the future.
LTL’s bankruptcy plan would pay $400 million into a separate trust for lawsuits filed with state attorneys general claiming that J&J had violated laws against unfair business practices in the State of New York and consumer protection laws, by deceiving consumers regarding the safety of its talc products.
A number of states had already initiated consumer protection measures against J&J before LTL’s first bankruptcy filing prevented those investigations from proceeding in 2021. Is talc in over the counter medications bad. New Mexico and Mississippi had already brought suit with Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas in LTL’s court filings.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL along with cancer sufferers as well as the U.S. Justice Department’s bankruptcy watchdog. They have argued that a profitable firm like J&J cannot benefit from bankruptcy protections intended for those struggling with debt.
The first attempt by LTL to resolve the bankruptcy cases was thrown out after similar arguments. A U.S. appellate court decided it was not LTL did not have “financial trouble” and was not eligible for bankruptcy protection. Is talc in over the counter medications bad. LTL had filed for bankruptcy again less than two hours after the dismissal, saying that the second bankruptcy was different as there was less money available and more support for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss LTL’s new bankruptcy violates state law enforcement authorities by trying to unilaterally cap the company’s liability for state consumer protection actions.
Is Talc In Over The Counter Medications Bad
LTL’s recent filings also provided more information on the way in which the company will evaluate and pay claims for cancer should the bankruptcy plan be approved.
The largest amount of money under the settlement would be $500,000 for those diagnosed with mesothelioma terminal prior to age 45, and $260,000 for those diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement provides discounts based on the nature and severity of cancer, the patient’s age, history of the use of talc, and other aspects. Is talc in over the counter medications bad. For instance, a woman who used talc products on a weekly basis, who had a family history of ovarian cancer and was diagnosed with the stage 2 ovarian cancer when she was 55 could be in line for a $21,125 payment under the settlement plan.
Judge orders J&J and talc oppositionists to participate in settlement talks.
After another round of hearings in Johnson and Johnson’s efforts to utilize a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the strategy to engage in talks to reach a settlement, Bloomberg reports.
With its second bankruptcy bid for LTL Management, a subsidiary created by J&J to manage the claims company offered a settlement amounting to $8.9 billion. Is talc in over the counter medications bad. While one firm representing plaintiffs agree with the offer, another group is against the settlement.
This week, the opposition group, called”The Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case saying that LTL cannot be regarded as in financial hardship.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to try to stop claimants from deciding on the resolution plan, a plan that the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Is talc in over the counter medications bad. “The law firms involved in the filing are pursuing financial interests which are in conflict with, differ from and are in opposition to the interests of their clients. We will be submitting an answer an appeal to the appellate court.”
Is talc in over the counter medications bad. Clay Thompson, a lawyer for MRHFM, which boasts more than mesothelioma victims who have filed lawsuits against J&J for bankruptcy, told J&J’s second bankruptcy effort failed.
“J&J sends out press releases describing how fantastic the plan is but simultaneously insisting that the plan’s details, including what individuals with illnesses would be treated to,” Thompson said in an announcement. “What do J&J have to conceal?”
Kaplan has instructed the sides to come up with another arrangement plan under the oversight by two mediators.
The court in February of 2022 Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that will free J&J from the thousands of lawsuits over its talcum products.
But in January of this year, an appeals court in the United States overturned the decision, deciding that the business could not be considered in “financial difficulty.”
In the event that J&J’s request to appeal to the U.S. Supreme Court was denied the same month, J&J declared bankruptcy two hours later. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow an additional bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B the talc litigation cost.
With 2 Chapter 11 attempts, J&J has purchased 19 months of which cases were placed suspended. Is talc in over the counter medications bad. J&J wants the claimants to vote on accepting their settlement. J&J needs 75% approval for the deal to pass.
In addition to the group of talc lawyers who criticised LTL’s bankruptcy plan as well, the U.S. Trustee, a branch of the U.S. Department of Justice has also filed an application to dismiss LTL’s second bankruptcy.
In a letter filed 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 accessible to those that don’t have a legitimate bankruptcy purpose or that seek to use bankruptcy to hinder or delay 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, can cause cancer. J&J has taken its products off of the market–first in North America in 2020–and the rest of the world this year.
J&J seeks to avoid the costly business of going to trial. J&J has won most of the cases that have been decided in court, however certain losses have been punitive.
A well-known trial in Missouri led to 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 talc trials that are either on appeal or have been concluded. Of the 41 trials, 32 of them ended in winning for J&J either through a mistrial or plaintiff verdicts that were reversed on appeal. Is talc in over the counter medications bad. In addition, J&J in 2020 negotiated to settle over 1,000 cases for $100 million, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc In Over The Counter Medications Bad
Our lawyers are handling baby powder lawsuits across all 50 states. The talcum powder lawsuits for Johnson & Johnson have been going on for a long time. Is talc in over the counter medications bad. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in many products, including baby Powder or Shower to Shower, can cause cancer of the ovary in certain women.
This page offers the J&J Talc Power litigation update and explains how the forthcoming bankruptcy ruling will impact the final settlement amounts of the ovarian cancer lawsuits.
Have you reached the deadline by which you to start a lawsuit against talcum powder? Many people who think the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us at 800-553-882 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc In Over The Counter Medications Bad
June 2 2023 Update: During an asbestos talc court trial held at the trial in California yesterday, a couple of technical issues disrupted the opening statements of the defense lawyers. Is talc in over the counter medications bad. Jurors from their homes via Zoom however, heard Johnson & Johnson’s lawyer expressing skepticism about the 70s science that claimed asbestos was present in their product, but the proceedings abruptly ended.
In the meantime, the plaintiff could introduce its first expert witness Arthur Langer. Langer explained that the occurrence of other minerals with the talc mineral is a given. He also testified that his team informed J&J in 1971 of the presence of chrysotile asbestos in the talc produced by the company, although in just 0.1 percent. The asbestos was discovered by him in the year 1976.
June 1st, 2023 Update: Is talc in over the counter medications bad. This is the first court trial that has taken place since J&J has decided to separate its Talc section and declaring bankruptcy marks an important turning point of the ongoing lawsuit saga. The trial began on Tuesday in the harrowing case of a young 24 year-old plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma last year. which both sides agree is a grave tragedy.
The opening statements exposed the huge differences between the sides’ story. The attorney for the plaintiff took aim against Johnson & Johnson, alleging the use of deceitful strategies in its research practices as well as throughout the litigation procedure. The attorney claims that, according to, Johnson & Johnson tried to alter the definition of asbestos, in spite of internal documents dating from 1978 and 1994 showing that asbestos fibers that were found in the plaintiff’s tissue are included.
Johnson &J’s highly uncertain $8.9 billion settlement offer hangs in the balance as we development of the trial. Despite the particularity of this mesothelioma lawsuit and its distinct issues compared to most talcum powder lawsuits, a verdict favoring the plaintiff could cause a serious setback to J&J’s expectations of widespread acceptance of the settlement they have proposed among plaintiffs.
May 31st, 2023 Update: Johnson & Johnson’s bankrupted talc unit has was able to defend it’s two-time Chapter 11 filing in the in the face of challenges from injured talc claimants. In an objection submitted to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the case differed fundamentally from the previous filing. It emphasized the unprecedented commitment to $8.9 billion from J&J which is the largest ever settlement in any bankruptcy case that involves mass tort. Is talc in over the counter medications bad. It was not mentioned how the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed support from various plaintiffs’ law firms representing more than sixty thousand claimants. This is not easy to confirm however it is likely to be incorrect.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the very first trial concerning its cosmetic talc products allegedly that contain asbestos is scheduled to commence jury selection on Monday in California in Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff claims his mesothelioma is the result of asbestos exposure through J&J’s products and J&J does not deny. The trial also involves six retailers accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now in a dispute over who should be appointed to the role of a the claims representative in the future, a role that is critically critical to resolving claim for talc. Is talc in over the counter medications bad. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed the claims representative during the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed to that role again, but lawyers for the talc plaintiffs have raised objections because Ellis has an unrelated conflict of interest which would prohibit her from being appointed to that post for the second time. This conflict is rooted in the possibility that Ellis was apparently involved in the creation of the hotly contesting second bankruptcy, raising doubts about her ability to be neutral. However, the reality is that this bankruptcy will likely to get dismissed anyway.
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 set aside $400 million as a settlement for claims of states that accuse J&J of misleading marketing for its talc-based products. Is talc in over the counter medications bad. So that makes it an $8.5 billion settlement for cancer patients. It’s hard to imagine an eventuality where J&J can push the settlements of baby powder through at these numbers. Although J&J’s $8.5 billion offer may seem like a lot at first, it does not appear appealing after you calculate the figures. The settlement plan based on our rough calculations, would not pay victims much more than a median settlement of $100,000 per case. This isn’t enough.
May 15th 2023, Update J&J might be facing lawsuit from an advocacy group representing cancer victims. Is talc in over the counter medications bad. The group claims that J&J deliberately retracted a $61.5 billion fund-raising agreement in conjunction with its affiliate, LTL Management LLC, in order to create a false sense of financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group claims that this move is a fraud transfer of the victims’ compensation rights. They intend to investigate J&J’s actions following of the denial of the first bankruptcy case of LTL.
May 10, 2023 Update: 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 application that was filed by J&J subsidiaries LTL Management. In the meantime the bankruptcy has issued an Order that requires both parties to take part in a second settlement mediation hoping that an international settlement agreement can be come to fruition.
May 5th 2023 Update: The talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer through asbestos exposure. Is talc in over the counter medications bad. Over 2,700 individuals have sued the firm, and it was paying $1 million per month to defend its legal position. The company’s most recent $29 million verdict at the Supreme Court of South Carolina forced it to pursue bankruptcy protection, and arguing that assets should be distributed in an equitable manner between the claimants of talc instead of being seized through the receiver. Other suppliers of talc have declared bankruptcy because of the litigation.
May 4 2023, Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume negotiations with lawyers who rejected Johnson & Johnson’s $8.9 billion deal. At Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps for the second bankruptcy case. Judge Kaplan encouraged further settlement talks.
This is the way to settle these claims with J&J. A baby powder settlement can get done. Is talc in over the counter medications bad. But it will require more money – billions of dollars – by Johnson & Johnson.
Lawyers are divided on whether or not to agree with the proposal and not all clients view the situation the same way their lawyer does. The second bankruptcy case is bound to fail as Judge Kaplan has set a date for a hearing in June to determine if she will dismiss the bankruptcy for the second time.
May 3, 2023 Update A group of cancer patients suing Johnson & Johnson (J&J) requested for they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation regarding talc-related products. The group of talc claimants made a motion Tuesday, asking for the Third Circuit to consider their case and then send it back to a lower court, with instructions for dismissing the bankruptcy. Is talc in over the counter medications bad. They also requested that the halted tort litigation against J&J should be permitted to proceed.
LTL filed for Chapter 11 protection once again after its bankruptcy filing was rejected in the Third Circuit earlier this year and offered a $8.9 billion agreement. 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 the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a response in the appeals court, declaring the filing a “desperate and legally insufficient attempt” by a select group of law firms with competing financial interests.
May 1st 2023 Update: One common question that people ask is how could plaintiffs and their attorneys turn down $8.9 billion. That’s of course quite a sum. However, there are lots of victims. Is talc in over the counter medications bad. These are an excellent cases for plaintiffs. We have been reminded of this recently in two talc trials which ended in large verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon resulted in an award of $18.1 million. A month later, another talc mesothelioma case went to the court on the other side of South Carolina and resulted in a verdict of $29million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. One of the top manufacturers of talc in U.S.
April 30 2023 Update: In the year 2023, when J&J first attempted to drag the lawsuit over talcum powder into bankruptcy, it was met with an offer to put aside $2 billion for settlements. This was an absurdly low amount. All of the talc plaintiffs agreed with 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 portion of the talc plaintiffs as well as their lawyers. Is talc in over the counter medications bad. But 75% of the plaintiffs who are a talc, which is needed for approval of the bankruptcy plan It’s a long and difficult process because of the number of lawyers who have huge inventories of baby powder litigations opposed to the settlement.
What can be done to end 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 ridiculously made-up Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Is talc in over the counter medications bad. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not a candidate for bankruptcy relief since it did not show financial distress.
The claimants contend that LTL’s Second Chapter 11 case is an abuse of the bankruptcy system, and that the case is being handled in bad faith. J&J claims the bankruptcy settlement is backed by “significant backing” from firms representing approximately 60,000 people who are claiming. It is fair to say that plaintiffs’ lawyers and victims ‘ lawyers are divided on this $8.9 billion deal.
April 21st, 2023 Update A bankruptcy judge has ruled that Johnson & Johnson must face new lawsuits alleging that the firm sold baby powder that was contaminated and causing cancer. While trials in the talc lawsuits have been suspended for at least 60 calendar days but new lawsuits can be filed and lawyers are able to begin preparing their cases. Is talc in over the counter medications bad. The judge expressed his doubts about J&J’s attempt to revive its strategy with a second bankruptcy case.
April 13 2023 update: the big story is that there’s an $8.9 billion over the next 25 years of settlement. Lawyers representing cancer patients within MDL class action MDL Class Action have vowed to fight the settlement with Talc claimants. Why? They feel it’s not enough money for those suffering from cancer who are 70,000. Is talc in over the counter medications bad. These lawyers believe that J&J should negotiate a larger settlement or settle individuals’ claims if the current bankruptcy is dismissed.
But there’s a separate group of lawyers that is not part of the leadership group in this class action. These lawyers have collectively amassed tens of thousands of cases. This group wants to settle today in what many believe to be lower than what the victims should be paid. Their argument is two-fold. The first is that they claim the settlement, which is about the equivalent of $100,000 per plaintiff is fair.
This is an argument that is difficult to make. The second argument is more force: the victims can not afford to wait any longer and need the money immediately.
April 12 2023 Update: People are wondering if J&J is able to file for bankruptcy once more. The answer is complex and convoluted. But let’s try to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only method to address both present and future talc lawsuits conclusively. In other words, it thinks it will pay less in the event of the bankruptcy element which applies pressure for a settlement. Is talc in over the counter medications bad. In a quest to cover more than 400 years in American history, the firm argues that bankruptcy benefits everyone by dispersing settlement payments more evenly and more efficiently than trial courts which are where litigants get significant settlements while others get nothing.
The main thrust of the 3rd Circuit decision was this is not a case – an enterprise that is profitable, forming a subsidiary to take the legal risk and declare bankruptcy – Congress considered when it was drafting the Bankruptcy Code. It also clarified the company was financially trouble because J&J assured it of unlimited funding.
Thus, J&J did not hesitate to take advantage of the funding unlimited part of the holding and did not promise to provide unlimited funding for cases. J&J claims that its revised financing arrangements with its subsidiary address the concerns of the appeals court while offering claim payment funds. As if providing victims with less money will solve the problem at hand.
Lawyers representing cancer victims who are against the agreement argue this argument by saying that it is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole is not exempt the lawyers representing victims call it the most significant “fraudulent transfer in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think that the bankruptcy will endure. It is however a method of pushing this $8.9 billion settlement and keep pressure on plaintiffs.
April 10, 2023, Update Bloomberg provides an insightful report on a brand new law 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 lawsuits in the case of Johnson & Johnson (J&J) over talc products in exchange for a percentage of any wins. J&J has now offered that it will pay $8.9 billion to settle any lawsuits.
The involvement of the funders is made public due to an New Jersey court rule requiring the disclosure of certain information about funders outside the state. The rules aim to tackle the growing demands for regulation of the litigation funders. J&J has more than 60,000 claims when you add up federal and state baby powder lawsuits. Third-party funding in mass tort claims has pros and cons. There is no doubt that we are seeing how third-party financing can help level the playing field between individuals and big corporations in court.
April 4, 2023 Update: It’s enjoyable to see the worm turn in this lawsuit. J&J suffered another setback this week when they were denied by the Third Circuit denied J&J’s request to continue the automatic stay during the time that J&J appeals a bankruptcy ruling in the U.S. Supreme Court. Automatic stays have stopped thousands of talcum cases and prevented the filing of new lawsuits ever since J&J initiated the controversial effort to spin the talc debts off into a bankrupt subsidiary over one year in the past. Is talc in over the counter medications bad. After the 3rd Circuit ruled that this bankruptcy was insufficient a few months ago, the stay was lifted. J&J had hoped to have it remain in effect until hearing the SCOTUS appeal. But, 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 the Supreme Court is willing even to accept the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay having been in effect, the first new cases have been filed and transferred into the Talcum Powder class action MDL within a year. Seven new talc cases were added to the MDL in the past month increasing the number of cases pending to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee has now demanded that the U.S. Government Accountability Office (GAO) start an investigation into the amount J&J product containing talc has cost the government in the many years.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the dangers of its talc products for decades while tax dollars were spent treating those injured by exposure to the product. The demand comes just weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Is talc in over the counter medications bad. J&J has to begin making reasonable settlement offers for victims in order in putting this behind. This is a disgrace to one of the world’s greatest companies.
February 14 2023 Update: At a hearing today 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 talc in over the counter medications bad. 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!