You May be Entitled to Significant Compensation Is talc 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 400 million dollars to US state AGs. Is Talc Safe .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of a broader $8.9 billion settlement of allegations that it’s Baby Powder as well as other talc ingredients cause cancer. Is talc safe.
J&J affiliate 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 as part of a bankruptcy settlement. Is talc safe. J&J has stated that its Talc products are safe and won’t cause cancer. J&J is seeking another time to settle more than 38,000 lawsuits brought in bankruptcy, and to prevent any new cases from coming forward in the near future.
LTL’s bankruptcy plan would pay $400 million into an additional trust to settle claims made from state attorney generals alleging 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 dangers of its talc products.
Many states had initiated consumer protection lawsuits against J&J prior to the first bankruptcy filing prevented those investigations from moving forward in 2021. Is talc safe. New Mexico and Mississippi had already brought lawsuits with Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands according to court documents.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished as well as cancer patients and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. They have argued that a successful company like J&J does not qualify for bankruptcy protections intended for struggling debtors.
The first attempt by LTL to resolve the lawsuits in bankruptcy was dismissed after similar arguments. A U.S. appeals court decided the LTL did not have “financial difficulty” and thus not eligible for bankruptcy protection. Is talc safe. LTL declared bankruptcy a second time in just two hours following the dismissal, saying that its second attempt was different due to the fact that it had less money and had more support for an agreement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates state law enforcement authorities by seeking to unilaterally limit the liability of the company for state consumer protection laws.
Is Talc Safe
LTL’s new filings also included more details on how the company would 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 people diagnosed with terminal mesothelioma before age 45. Is talc safe. The second payment would be $260,000 for patients diagnosed with cancer of the ovary prior to age 45.
The proposed settlement applies discounts depending on the type and severity of cancer, the patient’s years of age, their history of usage of talc and other variables. Is talc safe. For example the case of a woman who used talc products weekly, had the family history of ovarian cancer and was diagnosed with an ovarian cancer stage II when she was 55 may qualify for a $21,125 payout under the program.
Judge decides J&J and talc opponents take part in settlement talks.
After another round of hearings in Johnson and Johnson’s efforts to implement a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the strategy to engage in negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy bid for LTL Management, a subsidiary set up by J&J to manage the claims company offered a settlement amounting to $8.9 billion. Is talc safe. While a group of law firms representing plaintiffs is in favor of the offer, another group opposes the move.
Earlier this week, the opposition group, which is known as the Official Committee of Talc Claimants and urging the bankruptcy court to disqualify the petition argument that LTL is not a factor to be in financial trouble.
“The filing is a desperate and legally deficient attempt by a few of law firms to stop claimants from voting on the resolution, which the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Is talc safe. “The law firms who filed these filings have interests in finance that do not align with, diverge from and infringe on the rights of their clients. We will be submitting a response to the appellate court.”
Is talc safe. Clay Thompson, a lawyer for MRHFM that has more than 80 patients with mesothelioma who have sued J&J, said that J&J’s second bankruptcy attempt failed.
“J&J publishes press release that boast about how amazing its plan is, while insisting that the details of its plan–including the treatment individuals with illnesses would be treated to,” Thompson said in an announcement. “What does the company have to hide?”
Kaplan has directed the parties to devise a second restructuring plan, with supervision of two mediators.
On February 20, 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that will free the company from the thousands of lawsuits regarding its talcum products.
However, in January of this year a federal appeals court overturned the verdict, ruling that the business could not be considered to be in “financial distress.”
When J&J’s attempt to appeal to the U.S. Supreme Court was turned down at the end of April J&J applied for its first bankruptcy about two hours after. In response, Kaplan froze the lawsuits for 60 days in order to determine whether or not to approve the second bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B cost of litigation involving talc.
In the two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put in limbo. Is talc safe. The company wants claimants to decide whether they want to accept the settlement. J&J would need 75% of the vote for the deal to pass.
In addition to the gang of talc lawyers that criticized LTL’s bankruptcy plan and the U.S. Trustee, an arm that is part of the U.S. Department of Justice, also filed an application to dismiss the second bankruptcy case of LTL.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest but unfortunate debtors.” Those doors “are not open to parties that do not have a legitimate purpose or that seek to use bankruptcy to delay or hinder their creditors,” Vara continued.
To its credit, J&J maintains there is no evidence conclusive that its Talc-based products, such as its iconic baby powder, can cause cancer. J&J has been taking the products of the market–first in North America in 2020–and the rest of the world this year.
J&J seeks to avoid the expense of going to court. It has prevailed in the majority of cases that have been decided in court, however certain losses have been punishing.
A highly-publicized trial in Missouri ended in an $4.7 billion verdict against the drug company but was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine trial cases in talc which are appealing or decided. Out of 41 trials, 32 of them ended in winning for J&J or a mistrial, or verdict of a plaintiff annulled in appeal. Is talc safe. In addition, J&J in 2020 moved to settle more than 1000 cases at a cost of the sum of $100 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Safe
Our lawyers handle baby powder lawsuits in every state. The lawsuits involving talcum powder against Johnson & Johnson have been in the process for several years. Is talc safe. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient in products like the Baby Powder or Shower to Shower which can cause ovarian cancer in some women.
This page gives the J&J Talc Power litigation update and provides an overview of how the upcoming bankruptcy ruling affects the final settlement amount of the Ovarian Cancer lawsuits.
Is the deadline for you to make a claim for talcum powder? Many who believe that the deadline has passed to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Safe
June 2 2023 Update: During the trial for asbestos-containing talc which took place in California yesterday, technical issues disrupted the opening speech of defense lawyers. Is talc safe. Jurors who were watching from their homes via Zoom but did not hear Johnson &Johnson’s lawyer express doubts about the 70s research that claimed asbestos was present 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 existence of other minerals with talc is inevitable. He said that his team had notified J&J in 1971 about the presence of asbestos chrysotile in the talc manufactured by the company, though at lower than 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update: Is talc safe. First trial after J&J decided to spin off its talc section and declaring bankruptcy is a pivotal moment of the ongoing litigation controversy. Trial started on Monday in the harrowing case of a young, 24-year-old plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma in the past year, which both sides acknowledge is a tragic loss.
The opening statements exposed the huge differences between the sides’ narrative. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging that the company employed deceitful tactics in research practices and throughout the litigation procedure. According to the attorney, the company attempted to manipulate the definition of asbestos, in spite of internal documents from the year 1978 and 1994 indicating that asbestos fibers in the tissues of the plaintiff are part of.
Johnson &J’s tangled $8.9 billion settlement deal hangs in the balance as we course of this trial. Despite the distinct nature of this mesothelioma case and its unique challenges compared to other talcum powder lawsuits ruling in favor of the plaintiff could cause an unintended setback to Johnson & J’s hope of gaining broad acceptance for their proposed settlement with plaintiffs.
May 31st 2023: Update from Johnson and Johnson’s bankrupt talc business strongly defended the Second Chapter 11 filing in the in the face of challenges from victims of talc injuries. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the case was distinct from the previous filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion by J&J, the largest ever settlement in an bankruptcy case involving mass torts. Is talc safe. It was not mentioned how this amount signifies that it’s a fair settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms representing over the 60,000 plaintiffs. This is hard to verify however it is likely to be incorrect.
May 24, 2023 Update: Since Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial involving the cosmetic talc products it claims to that contain asbestos is scheduled to begin jury selection on Monday, May 24, California with Alameda County Superior Court, which is a well-known jurisdiction for plaintiffs. The plaintiff claims his mesothelioma was caused by asbestos exposure in J&J’s product which the company is denying. The trial also involves six retailers accused of selling talc products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now battling over who should be chosen to fill the role of a the claims representative in the future, the role is crucially essential to the resolution of the claims involving talc. Is talc safe. Randi Ellis, a lawyer who regularly appears in MDLs throughout the United States was appointed as the claims representative in the previous bankruptcy. J&J’s defense group wants Ellis to be appointed to this position and again, but attorneys for the plaintiffs in talc are arguing on the grounds that Ellis has a conflict of interest that would prevent her from assuming that position for the second time. This conflict is rooted in the possibility that Ellis was apparently involved in the drafting of the highly contested second bankruptcy, which raises questions about her capability to remain neutral. However, the reality is that the bankruptcy will be tossed out anyway.
May 17th, 2023 Update: The pretend company that J&J made up to settle the talc litigation bankruptcy informed a New Jersey bankruptcy court that they had allocated $400 million to pay the claims brought by states accusing the company of deceitful advertising for its talc products. Is talc safe. So that makes it an $8.5 billion settlement for cancer victims. It’s hard to imagine a scenario where J&J could push the settlements of baby powder through in these figures. While J&J’s proposed $8.5 billion offer seems like a lot of money at first, it does not appear appealing when you do the math. The settlement plan based on our rough calculations, would not be able to pay victims more than $100,000 per instance. It’s not enough.
May 15th 2023 Update: J&J could be facing lawsuit by an advocacy group that represents cancer patients. Is talc safe. The group contends that J&J intentionally withdrew a $61.5 billion funding agreement together with its parent company, LTL Management LLC, to simulate financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of right to compensation for victims. They will investigate J&J’s actions in the wake of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: The following week next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to reject the second bankruptcy filing that was filed by J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, it has approved an Order requiring both sides to take part in a new settlement negotiation with the hopes of achieving a global settlement deal can been reached.
May 5, 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer from asbestos exposure. Is talc safe. Over 2700 people have sued the firm and it is paying $1 million per month to defend itself. The company’s recent $29million verdict on the state of South Carolina forced it to apply for bankruptcy protection and argue for equitable distribution of assets to talc claimants, rather than being taken through the receiver. Other talc suppliers have also filed for bankruptcy due to lawsuits.
May 4, 2023 Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume talks with lawyers who rebuffed the company’s $8.9 billion deal. It was in Trenton, New Jersey yesterday the parties gathered in court to discuss the next steps to take in this second case of bankruptcy. Judge Kaplan was pushing for more settlement discussions.
This is the way to settle these claims with J&J. A baby powder settlement could be achieved. Is talc safe. However, it will require additional money – perhaps billions of dollars – of Johnson & Johnson.
Lawyers have a split opinion on whether to take the proposal or not and not all clients see the issue the same way their attorney does. Second bankruptcy cases are expected to go nowhere the judge Kaplan has scheduled a hearing in June to determine whether to close the case for the third time.
May 3, 2023 Update: A group representing cancer patients suing Johnson & Johnson (J&J) asked for the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation regarding talc-related products. The committee representing talc claimants made a motion Tuesday, asking for the Third Circuit to consider their appeal and return the case to a lower court with instructions for dismissing the bankruptcy. Is talc safe. They also requested that the lawsuit against the halted torts of J&J allow the litigation to proceed.
LTL requested Chapter 11 protection once again after its bankruptcy filing was denied in the Third Circuit earlier this year with the possibility of an $8.9 billion settlement. The committee says that the recent decision allowing LTL’s second Chapter 11 to continue, as well as halting the trials against J&J should be subject to the immediate Third Circuit review. The US Trustee also asked that 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 as saying that J&J plans to file a statement to the appeals court characterizing the filing as an “desperate and legally deficient move” by a handful of law firms who have different financial interests.
May 1st, 2023 Update: One most frequently asked question is how the plaintiffs’ lawyers and their clients turn on $8.9 billion. That’s of course quite a sum. However, there are lots of victims. Is talc safe. They are a great cases for plaintiffs. We were reminded of this last week by two talc-related trials that ended in large verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon led to a verdict worth $18.1 million. The following month, a second talc mesothelioma case went to hearing on the other side of South Carolina and resulted in a verdict of $29million in favor of plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. One of the largest producers of talc in the U.S.
April 30 2023 Update: J&J first tried to bring the litigation over talcum powder into bankruptcy, it was met with an offer to set aside $2 billion to settle the case. It was a ridiculously small amount. There was no one among the talc victims who were in favor of it. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they accept a bankruptcy settlement and they have the support of a large portion of the talc plaintiffs as well as their lawyers. Is talc safe. However, 75% of talc plaintiffs, which is necessary for bankruptcy plan approval, it a tough road because of the number of lawyers who have huge inventories of baby powder lawsuits opposed to the settlement.
What is the solution to this impasse? More billions.
April 25, 2023 Update Talc plaintiffs have asked a judge to disqualify their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, insisting that the company is not financially strained. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Is talc safe. It was the 3rd Circuit dismissed its first Chapter 11 case in January, saying the company wasn’t eligible for bankruptcy relief since it failed to show financial stress.
The claimants assert that the second Chapter 11 case is an overreach of the bankruptcy system and that it is being pursued in bad faith. J&J says the bankruptcy settlement is backed by “significant backing” from firms representing around 60,000 people who are claiming. It’s safe to say plaintiffs’ lawyers and the victims are split over what they believe is an $8.9 billion settlement offer.
April 21st, 2023 Update: A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that the firm sold a baby powder that contained a chemical that causes cancer. While trials in talc lawsuits are paused for a minimum period of 60 days however, new lawsuits may be filed and lawyers may begin to prepare their cases. Is talc safe. The judge expressed his doubts about J&J’s attempt to revive its strategy with a second bankruptcy case.
April 13th 2023 update: the biggest story is that there’s an $8.9 billion over the course of 25 years settlement offer. Lawyers representing cancer patients within the MDL class action have vowed to fight the settlement with those who claim talc. Why? They think it is not enough to pay for 70,000 victims who have cancer. Is talc safe. The lawyers say that J&J should negotiate a larger settlement or pursue individual claims in the event that the latest bankruptcy is dismissed.
But there is another set of lawyers who are not part of the leadership of group action. These lawyers have amassed tens of thousands of cases. They want to settle now for what many argue is far less than what these victims deserve. The argument they make is two-fold. The first is that they claim the settlement – which amounts to an average of $100,000 per plaintiff – is fair.
This is an argument that is difficult to make. But their second argument has more force: victims should no longer wait and want the money immediately.
April 12, 2023 Update: People are wondering if J&J can go through bankruptcy again. The answer is complex and complex. Let’s try to simplify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future talc lawsuits conclusively. Also, it believes it can pay less when there is the bankruptcy element which applies pressure to negotiate a settlement. Is talc safe. Driving past hundreds of years of American time, the business argues that bankruptcy benefits everyone by dispersing settlements more fairly and effectively than trial courts in which some litigants receive substantial payouts, while others are left with nothing.
The essence in this 3rd Circuit decision was this is not a case – one that makes a profit, but an affiliate to accept the legal risk and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified the company was financially crisis because J&J offered unlimited financing.
This is why J&J took advantage of the unlimited funding portion of the contract and didn’t make any promises that it would provide unlimited funds for litigation. The company claims that its modified financing arrangements with its subsidiary address the appeals court’s concerns while still offering claim payment funds. It’s as if giving victims less money will solve the underlying issue.
Lawyers representing cancer patients who do not agree with the agreement counter the agreement with what is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s previous decision. The hyperbole wasn’t spared by the victims’ lawyers, who call it the most significant “fraudulent move ever in United States history.”
Despite all the legal jargon, J&J does not really think that the bankruptcy will endure. But it is a way to try and push the $8.9 billion settlement through and maintain the pressure on plaintiffs.
April 10 2023 update: Bloomberg has an interesting report on a brand new law within New Jersey that is shedding new light on the funding of litigation in the baby powder class action lawsuit. The funders who fund 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 for a portion of any profits. J&J is now willing the payment of $8.9 billion to settle 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 law is designed to respond to the increasing calls for regulation of the litigation funders. J&J has to deal with more than 60,000 lawsuits when you include federal and state baby powder lawsuits. Third-party funding of mass tort cases has its pros and cons. However, there is no doubt that we are seeing how third-party funding can level the playing field between individuals as well as large corporations in the courtroom.
April 4 2023 Update: It’s interesting to watch the worm turn in this litigation. J&J suffered another setback this week, when they were denied by the Third Circuit denied J&J’s request to extend the automatic stay as J&J appeals an order granting bankruptcy before the U.S. Supreme Court. It has froze thousands of talcum powder cases and prevented the filing of new lawsuits ever since J&J launched the controversial attempt to spin the talc debts off into a bankrupt subsidiary over a year in the past. Is talc safe. After the 3rd Circuit ruled that this bankruptcy was not valid just a few months ago the stay was revoked. 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 odds that is that the Supreme Court is willing even to accept the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay being in effect, the first new cases were filed and incorporated into the talcum powder class action MDL in over one year. Seven new talc cases were joined to the MDL in the last month increasing the number of cases pending to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now requesting that the U.S. Government Accountability Office (GAO) launch an investigation into how much J&J Talc products have cost the government over the years.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the dangers of its talc products for years while tax dollars were spent on treating people who suffered injuries from exposure to the product. The demand comes just weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Is talc safe. J&J has to begin making reasonable settlement offers for victims in order the process of putting all this behind it. It’s a mark on one of the world’s greatest businesses.
February 14 , 2023 Update: At a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc 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!
>>> Is Talc Safe