You May be Entitled to Significant Compensation Is talc linked to cancer. 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 provide 400 million dollars to US state AGs. Is Talc Linked To Cancer .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of its larger $8.9 billion effort to settle allegations that its Baby Powder and other talc-based ingredients cause cancer. Is talc linked to cancer.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company plans to pay different kinds of cancer victims in an arrangement for bankruptcy. Is talc linked to cancer. J&J has said that its Talc products are safe and will not cause cancer. It’s trying for the second time to end more than 38,000 lawsuits in bankruptcy, as well as prevent new lawsuits from coming forward in the near future.
LTL’s bankruptcy plan would pay $400 million into a separate trust for lawsuits filed from state attorney generals claiming that J&J violated laws against unfair business practices in the State of New York and consumer protection laws, by deceiving consumers about the safety of its talc products.
Some states had started consumer protection actions against J&J prior to the first bankruptcy filing stopped these investigations from proceeding in 2021. Is talc linked to cancer. New Mexico and Mississippi had already filed suit in the past against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims as well as The U.S. Justice Department’s bankruptcy watchdog. They have argued that a profitable firm like J&J can’t benefit from bankruptcy protections aimed at struggling debtors.
The first attempt by LTL to resolve the lawsuits in bankruptcy was rejected after the same arguments, when a U.S. appeals court ruled the LTL was not in “financial distress” and was not eligible to receive bankruptcy relief. Is talc linked to cancer. LTL had filed for bankruptcy again in just two hours following the dismissal, saying that the second bankruptcy was different due to the fact that it had less money available and had more support for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement authorities in attempting to unilaterally limit LTL’s liability to state consumer protection actions.
Is Talc Linked To Cancer
LTL’s filings for the new year also contained more information on the way in which the company will evaluate and pay for cancer claims in the event that the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 for patients diagnosed with mesothelioma terminal prior to age 45. Is talc linked to cancer. The second payment would be $260,000 for those diagnosed with ovarian cancer that is terminal before age 45.
The proposed settlement provides discounts based on the kind and severity of cancer, the individual’s age, history of talc use and other factors. Is talc linked to cancer. For example the case of a woman who used talc products weekly, had an ovarian cancer family history, cancer and was diagnosed with an ovarian cancer stage II at the age of 55 could be in line to receive a payout of $21,125 under the plan.
Judge gives order to J&J and talc opponents to engage in settlement talks.
After another round of hearings in Johnson & Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the strategy to engage in talks to reach a settlement, Bloomberg reports.
With its second bankruptcy attempt for LTL Management–a subsidiary established by J&J to hold the claims–the company offered a settlement of $8.9 billion. Is talc linked to cancer. While one group of law firms representing plaintiffs support the proposal, another group opposes the move.
This week, the opposition group, known as”The Official Committee of Talc Claimants, urged the bankruptcy court for dismissal of the matter asserting that LTL can not be considered to be in financial trouble.
“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 majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Is talc linked to cancer. “The law firms behind these filings have interests in finance that conflict with, contradict and contravene those that their customers. We’ll soon submit an answer to the appellate court.”
Is talc linked to cancer. Clay Thompson, a lawyer for MRHFM who is home to more than mesothelioma clients who have sued J&J, said that J&J’s second bankruptcy effort will fail.
“J&J issues press releases describing how fantastic its plan is while simultaneously demanding that plan details–including what individuals with illnesses would receive,” Thompson said in an announcement. “What do they have to conceal?”
Kaplan has commanded the parties to devise a second strategy for reorganization, under the oversight from two mediators.
On February 20, 2022 Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that would 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 ruling, ruling that the firm could not be considered in “financial difficulty.”
After J&J’s contest the U.S. Supreme Court was dismissed in April, J&J was granted a second petition for bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to approve to file for bankruptcy again.
J&J’s unstoppable profit machine sputters 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 linked to cancer. The company wants claimants to decide whether they want to accept the settlement. J&J will require 75% of the vote for the deal to go through.
Alongside the group of talc lawyers that criticized the bankruptcy of the company, the U.S. Trustee, an arm from the U.S. Department of Justice was also the one to file an application to dismiss LTL’s second bankruptcy case.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest but unfortunate debtors.” The doors “are not accessible to those that don’t have a legitimate bankruptcy objective or seek to abuse the bankruptcy process to hinder or delay their creditors,” Vara continued.
To its credit, J&J maintains there is no evidence conclusive that its Talc products, which includes its iconic baby powder, can cause cancer. J&J has taken the products of the market, first for North America in 2020–and the rest of the world later this year.
J&J seeks to avoid the costly business of going to trial. It has prevailed in the majority of the cases that were decided during trial, however, some losses have been very punitive.
A high-profile trial in Missouri resulted in a $4.7 billion verdict against the drug company and was later lowered 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 talc trials that are either appealing or decided. Out of 41 trials, 32 have resulted in a win by J&J, a mistrial or plaintiff verdicts that were dismissed on appeal. Is talc linked to cancer. The company also in 2020 moved to settle nearly 1,000 cases worth the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Linked To Cancer
Our lawyers are handling baby powder lawsuits in every state. The talcum powder lawsuits on behalf of Johnson & Johnson have been going on for a long time. Is talc linked to cancer. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in products such as the Baby Powder along with Shower to Shower which can cause ovarian cancer in some women.
This page provides a J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling affects the final settlement amount of the ovarian cancer lawsuits.
Have you reached the deadline by which you to start a lawsuit against talcum powder? Many who believe that 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 Linked To Cancer
June 2, 2023 Update: During the trial for asbestos-containing talc at the trial in California yesterday, technical issues halted the opening statements of the defense attorneys. Is talc linked to cancer. Jurors who were watching at home via Zoom and hearing the Johnson & Johnson’s lawyer voice his doubt about the science of the 70s that claimed asbestos was present in their product before the trial was abruptly closed.
The plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer explained that the occurrence of other minerals with the talc mineral is a given. He said that his team advised J&J in 1971 of the presence of chrysotile asbestos in the talc of the company, but with less than 0.1 percent. He also found more asbestos in 1976.
June 1, 2023 Update: Is talc linked to cancer. This is the first court trial that has taken place since J&J made the decision to split its Talc division and declare bankruptcy marks an important point of the ongoing lawsuit drama. The trial started yesterday in the heartbreaking case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive form of mesothelioma earlier this year. which lawyers on both sides of the argument agree is a tragedy of a different kind.
Opening statements revealed stark differences in each side’s narrative. The attorney for the plaintiff took aim against Johnson & Johnson, alleging the use of misleading tactics in research practices and throughout the litigation procedure. The attorney claims that, according to, the company tried to manipulate the definition of asbestos despite internal documents from between 1978 and 1994 that showed fibers discovered in the tissue of the plaintiff are included.
Johnson & Johnson’s precarious $8.9 billion settlement proposal hangs in the balance with the progression of this trial. Despite the unique nature of this mesothelioma-related case and its distinctive issues in comparison to most talcum powder lawsuits, a verdict favoring the plaintiff could be an unintended setback to Johnson & J’s hope of gaining broad acceptance for their proposed settlement with plaintiffs.
May 31 2023 Update: Johnson and Johnson’s bankrupt talc business is defending it’s two-time Chapter 11 filing in the opposition of the talc injury plaintiffs. In an appeal to the New Jersey bankruptcy court, it argued that the case was distinct from the first filing. It also emphasized the unprecedented commitment of $8.9 billion to J&J as the biggest settlement ever to be made in an bankruptcy case involving mass torts. Is talc linked to cancer. There was no mention of how the size of the settlement indicates that it is an equitable settlement. J&J also claimed support from various plaintiffs’ law firms representing over 60,000 claimants. This is not easy to confirm but likely incorrect.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the very first trial concerning its cosmetic talc products that are believed to containing asbestos is set to start jury selection Monday, California in Alameda County Superior Court, the most favored jurisdiction for plaintiffs. Plaintiff claims that mesothelioma is the result of asbestos exposure resulting from J&J’s products and the company is denying. The trial also includes six retailers accused of selling talc products.
May 22nd, 2023 Update Lawyers involved in the second J&J talc bankruptcy are battling over who should be appointed to the role of the claims representative in the future, the role is crucially important to resolving the talc claims. Is talc linked to cancer. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country was appointed as the claims representative in the initial bankruptcy. J&J’s defense group wants Ellis to be appointed in that position again, but lawyers for the plaintiffs in talc are arguing because Ellis has an interest conflict that would prevent her from taking on that role again. The issue stems from the reality that Ellis was involved in drafting the hotly contested second bankruptcy, raising doubts about her ability to be neutral. It’s true that this bankruptcy could be dismissed in the end.
May 17, 2023 Update: The pretend company J&J formed to handle the bankruptcy of talc disclosed to an New Jersey bankruptcy court that they have set aside $400 million to settle claims brought by states accusing the company of deceitful advertising for its talc-based products. Is talc linked to cancer. That’s an $8.5 billion settlement for cancer victims. It’s hard to imagine the scenario in which J&J could push these baby powder settlements through in these figures. While J&J’s proposed $8.5 billion offer seems like a lot of money initially, it will not appear appealing after you calculate the figures. This settlement proposal – by our rough calculations, would not offer victims anything more than an average settlement $100,000 per instance. That is not enough.
May 15th 2023 Update: J&J is potentially facing a suit from an advocacy group that represents cancer victims. Is talc linked to cancer. The group claims J&J intentionally withdrew the $61.5 billion funding agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial stress and verify the unit’s Chapter 11 bankruptcy filing. The group claims this decision is equivalent to a fraudulent transfer of rights of victims’ compensation. They are planning to study J&J’s actions after the announcement of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: During the next week next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to reject the second bankruptcy filing of J&J subsidiaries LTL Management. In the meantime, however, this bankruptcy court has issued an Order requiring both sides to participate in a new settlement mediation with the hopes of achieving the global settlement can be brokered.
May 5th, 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer from asbestos exposure. Is talc linked to cancer. Over 2700 people have sued the company and the company was paying $1 million per month to defend itself. The company’s most recent $29 million settlement that was handed down in South Carolina forced it to apply for bankruptcy protection and argue for a fair distribution of assets among talc claimants instead of being taken over by the receiver. Other suppliers of talc have declared bankruptcy because of lawsuits.
May 4 2023 Update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to relaunch talks on settlement with lawyers who have rejected Johnson & Johnson’s $8.9 billion deal. The court in Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps for this second case of bankruptcy and Judge Kaplan has pushed for further settlement talks.
This is the way to resolve these claims for J&J. The baby powder settlement is likely to get done. Is talc linked to cancer. But it’ll need more money, more billions of dollars by Johnson & Johnson.
Lawyers are split on whether or not to agree with the proposal and not all clients see the issue the same way their lawyer does. Second bankruptcy cases are bound to fail, as Judge Kaplan has scheduled a hearing in June to decide if he will dismiss the bankruptcy for the second time.
May 3 2023 Update A group of cancer patients who have sued 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 filed a motion on Tuesday requesting the Third Circuit to consider their case and then send it back an earlier court, with instructions for dismissing the bankruptcy. Is talc linked to cancer. They also asked that lawsuit against the halted torts of J&J allow the litigation to proceed.
LTL requested Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year with a $8.9 billion agreement. The committee argues that the recent ruling, which allows LTL’s second Chapter 11 to continue, while also halting trials against J&J and J&J, requires the immediate Third Circuit review. The US Trustee has also requested it be requested that 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 response to the appeals court calling the request a “desperate and legally insufficient effort” by a select group of law firms who have different financial interests.
May 1 2023 Update: One most frequently asked question is how could plaintiffs and their lawyers be able to turn down $8.9 billion. Of course, that is quite a sum. But there are plenty of victims. Is talc linked to cancer. They are a great claims for plaintiffs. We were reminded of this last week in two talc trials which led to huge verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon ended in the verdict in the amount of $18.1 million. The following month, a second mesothelioma talc case was brought to hearing at South Carolina and resulted in a verdict of $29million to the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. One of the largest suppliers of talc within the U.S.
April 30th 2023 Update: When J&J first attempted to drag the talcum powder litigation into bankruptcy, it came with an offer to reserve $2 billion to settle the case. The amount was absurdly low. The talc plaintiffs had not agreed with it. However, 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 part of the talc-related plaintiffs as well as their lawyers. Is talc linked to cancer. But with 75% of 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 massive inventories of baby powder litigations opposed in favor of the deal.
What are the solutions to the impasse? More billions.
April 25, 2023, Update Talc plaintiffs have sought a court order to reject their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Is talc linked to cancer. It was the 3rd Circuit dismissed its first Chapter 11 case in January and said that the company wasn’t eligible for bankruptcy relief since it was unable to demonstrate financial distress.
The claimants argue that the Second Chapter 11 case is an overreach of the bankruptcy system, and that it is being pursued in bad faith. J&J claims the bankruptcy settlement is backed by “significant backing” from the firms that represent an estimated 60,000 people who are claiming. It’s safe to say that the plaintiffs’ attorneys and victims ‘ lawyers are divided on the $8.9 billion offer for settlement.
April 21st, 2023 Update: A bankruptcy judge decided that Johnson & Johnson must face new lawsuits alleging that the firm sold a baby powder that contained a chemical that causes cancer. Although trials for Talc lawsuits are suspended for at least 60 calendar days but new lawsuits can be filed, and lawyers are able to begin preparing their cases. Is talc linked to cancer. The judge expressed skepticism over J&J’s ridiculous effort to revive its plan with the second bankruptcy case.
April 13th, 2023 update: the big update is about the $8.9 billion over the next 25 years of settlement. Lawyers representing cancer victims who are part of the MDL Class Action have pledged to fight the settlement along with the talc claimants. Why? They think it is not enough to pay for more than 70,000 cancer victims. Is talc linked to cancer. They argue that J&J should seek a bigger settlement or pursue individual claims if the most recent bankruptcy is thrown out.
But there is another group of lawyers outside of the leadership of this class action. They have amassed the equivalent of tens of thousands of lawsuits. The group is seeking to settle today in what many believe to be less than these victims deserve. Their argument appears to be twofold. They argue that the settlement of around 100,000 dollars per plaintiff – is fair.
That is a hard argument to argue. But their second argument has more teeth: victims can not afford to wait any longer and need their money now.
April 12 2023 Update: Many are asking how J&J is able to file for bankruptcy again. The answer is complicated and confusing. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to resolve both current and future talc litigations in a definitive manner. It thinks it will pay less if there is an element of bankruptcy that puts pressure for a settlement. Is talc linked to cancer. Going back to 400 years of American past, the company argues that bankruptcy benefits all parties by distributing settlements more equally and effectively than trial courts where some litigants receive significant payouts, while others are left with nothing.
The gist of this 3rd Circuit decision was this is not a case of an enterprise that is profitable, forming an entity to assume the legal burden and declare bankruptcy – something Congress had in mind when it came to drafting the Bankruptcy Code. But it also said it was not 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 agreement but did not pledge that it would provide unlimited funds for litigation. J&J claims that its modified financing arrangements with its subsidiary addresses the appeals court’s concerns while still providing funds for claims. In the hope that offering victims 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 with legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s ruling. Hyperbole is not exempt attorneys representing the victims claim it the most significant “fraudulent transaction ever in United States history.”
Despite the legal jargon, J&J does not really believe this bankruptcy will be able to last. It is however a method to push for this $8.9 billion settlement to keep the pressure on plaintiffs.
April 10, 2023 Update: Bloomberg provides an insightful article on a new law that has been passed in New Jersey that is shedding new light on litigation funding in the baby powder suit for class actions. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) over talc products in exchange for a percentage of any wins. J&J is now offering that it will pay $8.9 billion to settle any lawsuits.
The involvement of the funders is publicly available due to an New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rule aims to respond to the increasing calls for regulation of litigation funders. J&J is facing more than 60,000 claims when you combine state and federal baby powder lawsuits. Third-party financing in mass tort cases has pros and cons. There is no doubt that we are seeing how third-party funding can level the playing field between individual and big corporations in the courtroom.
April 4, 2023 Update: It’s enjoyable to see the worm turn in this case. J&J suffered another setback this week when it was found that the Third Circuit denied J&J’s request to extend the automatic stay while J&J appeals an order granting bankruptcy at the U.S. Supreme Court. It has stopped thousands of talcum cases and stopped any new lawsuits from being filed ever since J&J began the controversial plan to spin the talc liability off into a bankrupt company over a year ago. Is talc linked to cancer. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was removed. J&J had hoped to have it stayed in place until the SCOTUS appeal. 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. There is a chance that of the Supreme Court is willing even to take up the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay now officially lifted, the very first new cases were filed and incorporated into the talcum powder class action MDL in over one year. Seven new talc lawsuits were brought into the MDL in the last month and brought the total number of pending cases up to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now requesting that The U.S. Government Accountability Office (GAO) begin an investigation into how much J&J products containing talc have cost the government over the many years.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of not recognizing the risks of its talc products over long while tax dollars used to treat those who were injured through exposure to the product. This lawsuit comes a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is talc linked to cancer. J&J needs to start making reasonable settlements to victims to in putting this behind. This is a disgrace to one of the top businesses.
February 14 2023 Update: During an earlier hearing at the hearing 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 linked to cancer. 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!