You May be Entitled to Significant Compensation Is talc safe in pills. 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 Safe In Pills .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its broader $8.9 billion deal to settle allegations that its Baby Powder and other talc-based items cause cancer. Is talc safe in pills.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay for different types of cancer sufferers in an arrangement for bankruptcy. Is talc safe in pills. J&J has declared that its products containing talc are safe and won’t cause cancer. It’s trying for an additional time to conclude more than 38,000 cases in bankruptcy, as well as prevent new lawsuits from being filed in the future.
The bankruptcy plan of LTL would pay $400 million to a separate trust for claims made with state attorneys general claiming that J&J was in violation of laws against unfair business practices in the State of New York and consumer protection laws, by deceiving consumers regarding the security of its talc-based products.
Several states had begun consumer protection measures against J&J prior to LTL’s bankruptcy filing stopped these investigations from progressing in 2021. Is talc safe in pills. New Mexico and Mississippi had already filed suit against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands in LTL’s court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy, joining cancer victims as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. They have argued that a successful company like J&J can’t benefit from bankruptcy protections aimed at people with debt problems.
The first attempt by LTL to resolve the bankruptcy lawsuits was rejected after the same arguments, when a U.S. appeals court determined that LTL had not been in “financial distress” and therefore not eligible of bankruptcy protection. Is talc safe in pills. LTL filed a second bankruptcy within two hours of the dismissal, arguing the second bankruptcy was different because it had less money and had a greater chance of securing an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates the law enforcement powers of the state by trying to unilaterally cap LTL’s liability to state consumer protection actions.
Is Talc Safe In Pills
The filings of LTL’s latest bankruptcy proceedings also include additional details about the way in which the company will evaluate and pay cancer claims should the bankruptcy plan be approved.
The highest payments under the settlement would be $500,000 for patients diagnosed with mesothelioma that is terminal before age 45. Is talc safe in pills. The second payment would be $260,000 for people diagnosed with advanced ovarian cancer prior to age 45.
From there, the proposed settlement will offer discounts based on the nature and severity of cancer, the individual’s age, previous the use of talc, and other aspects. Is talc safe in pills. For instance someone who regularly used daily talc products, had a family history of ovarian cancer, and was diagnosed with Stage II cancer of the ovary by age 55 may qualify to receive a payment of $21,125 under the program.
Judge decides J&J and talc oppositionists to discuss settlement negotiations.
After another round of hearings in Johnson and Johnson’s efforts to utilize a Texas Two-Step bankruptcy strategy to settle talc lawsuits and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the plan to enter into settlement talks, Bloomberg reports.
In its second bankruptcy effort for LTL Management, a subsidiary created by J&J to settle claims – the company offered a settlement amounting to $8.9 billion. Is talc safe in pills. While a firm representing plaintiffs support the settlement, a different group opposes the move.
Earlier this week, the opposition group, called”the Official Committee of Talc Claimants requested the bankruptcy court for dismissal of the matter by arguing that LTL can not be considered to be in financial trouble.
“The filing is a desperate and legally deficient attempt by a handful of law firms to try to stop claimants from voting on the resolution, which that the overwhelming majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Is talc safe in pills. “The law firms behind their filing are financially oriented and have conflicts that clash with, differ from and infringe on the rights that their customers. We will be submitting an answer in the appeals court.”
Is talc safe in pills. Clay Thompson, a lawyer for MRHFM which boasts more than mesothelioma patients who have sued J&J for bankruptcy, told J&J’s second bankruptcy attempt is likely to fail.
“J&J sends out press releases that boast about how amazing its plan is while simultaneously demanding that plan details–including what individual sick people would actually receive — be kept private,” Thompson said in the statement. “What does the company have to cover up?”
Kaplan has commanded the parties to come up with another restructuring plan, with the supervision from two mediators.
The court in February of 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would free the company from the hundreds of thousands of claims concerning its talcum products.
In the month of January, a federal appeals court overturned the verdict, ruling that the business could not be considered to be in “financial trouble.”
After J&J’s contest the U.S. Supreme Court was dismissed the same month, J&J filed for its second bankruptcy about two hours later. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether to allow the second bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B the talc litigation cost.
In the Two Chapter 11 attempts, J&J has gotten 19 months of which cases have been held. Is talc safe in pills. The company wants claimants to take a vote to accept their settlement. J&J would need 75% acceptance in order for the agreement to be accepted.
Alongside the group of talc attorneys who have panned LTL’s bankruptcy plan 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 the second bankruptcy case of LTL.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest but unfortunate debtors.” Those doors “are not accessible to those who do not have 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 the famous baby powder, cause cancer. J&J has taken its products off of the market first for North America in 2020–and the rest of the world this year.
J&J is determined to stay clear of the cost of going to trial. It has prevailed in most of the cases that were decided at trial, but some losses have been very severe.
A highly publicized trial in Missouri resulted in an $4.7 billion verdict against the drug company that 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 cases involving talc, which are appealing or concluded. Out of 41 trials, 32 have ended in the favor of J&J either through a mistrial or plaintiff verdict that was overturned after appeal. Is talc safe in pills. Additionally, the company in 2020 sought to settle over 1000 cases at a cost of the sum of $100 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Safe In Pills
Our lawyers handle baby powder lawsuits across all 50 states. The talcum powder lawsuits against Johnson & Johnson have been going on for a long time. Is talc safe in pills. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in products like Baby Powder or Shower to Shower which can cause cancer of the ovary in certain women.
This page gives a J&J Talc Power litigation update and discusses how the upcoming bankruptcy ruling affects the final settlement amounts of these Ovarian Cancer lawsuits.
Have you reached the deadline by which you to make a claim for talcum powder? Many people who think the statute of limitations has passed to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Safe In Pills
June 2 2023 Update: During an asbestos talc court trial held in California yesterday, a couple of technical issues disrupted the opening statement by the defense attorneys. Is talc safe in pills. The jurors, attending from home on Zoom and hearing the Johnson and Johnson’s lawyer express doubt about the 70s research affirming the presence of asbestos in their product prior to the opening was abruptly ended.
In the meantime, the plaintiff had the opportunity to introduce the first of their witnesses, Arthur Langer. Langer explained that the existence of other minerals alongside the talc’s mineral content is inevitable. He claimed that his group advised J&J in 1971 about the presence of chrysotile asbestos in the talc produced by the company, although with less than 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update: Is talc safe in pills. This is the first court trial that has taken place since J&J has decided to separate its Talc division, and then declare bankrupt marks an important turning point of the ongoing lawsuit drama. Trial began yesterday in the harrowing case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma in the past year, which lawyers on both sides of the argument agree is a harrowing tragedy.
Opening statements laid bare sharp differences in the two sides’ narrative. The attorney for the plaintiff took aim at Johnson & Johnson, alleging that the company employed deceitful tactics in research practices and throughout the litigation procedure. The attorney claims that, according to the company attempted to manipulate asbestos’ definition, despite internal documents dating back to the year 1978 and 1994 indicating that fibers discovered in the tissue of the plaintiffs are included.
Johnson & Johnson’s uncertain $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 unique challenges compared to most talcum powder lawsuits ruling in favor of the plaintiff could cause an unintended setback to Johnson & J’s hopes of broad acceptance of their proposed settlement among plaintiffs.
May 31, 2023: Update from Johnson & Johnson’s bankrupt talc unit vigorously defended their 2nd Chapter 11 filing in the facing challenges from injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, J&J’s subsidiary claimed that the case was distinct from the earlier filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion in settlement from J&J as the biggest settlement ever to be made in an bankruptcy case involving mass torts. Is talc safe in pills. The issue is not discussed: whether the amount of the settlement signifies that it’s a fair settlement. J&J also claimed that it received support from several plaintiffs’ legal firms that represent over 60,000 claimants. This is not easy to confirm but it’s likely to be false.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the very first trial involving the cosmetic talc products it claims to comprised of asbestos is set to commence jury selection on Monday, May 24, California in Alameda County Superior Court, which is a well-known court for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure through J&J’s products which the company does not deny. The trial also includes six retailers accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J Talc bankruptcy are in a dispute over who should be appointed to the role of the claims representative in the future, the role is crucially important to resolving the claim for talc. Is talc safe in pills. Randi Ellis, a lawyer who regularly appears in MDLs across the country was appointed as the claims representative in the initial bankruptcy. J&J’s defense team wants Ellis to be appointed to this position yet again, but the lawyers for the plaintiffs in talc are arguing on the grounds that Ellis has conflicts of interest which should stop her from taking on that role again. This conflict is rooted in the possibility that Ellis was believed to have been involved in the drafting of the highly litigated second bankruptcy, which raises questions regarding her capacity to remain neutral. However, the reality is that this bankruptcy will likely to be dismissed regardless.
May 17, 2023 Update: The pretend company J&J made up for the talc bankruptcy disclosed to a New Jersey bankruptcy court that they had allocated $400 million to pay the claims of states that accuse the company of misleading advertising for its talc product. Is talc safe in pills. This amounts to an $8.5 billion settlement to cancer victims. It’s hard to imagine any scenario in which J&J will be able to push these baby powder settlements through at these numbers. While J&J’s $8.5 billion offer sounds like a huge sum initially, it may not look good after you calculate the figures. The proposed settlement based on our rough calculations, would not pay victims much more than an average settlement $100,000 per case. This isn’t enough.
May 15th, 2023 update: J&J could be facing lawsuit from an advocacy group representing cancer patients. Is talc safe in pills. The group argues that J&J deliberately retracted an $61.5 billion financing agreement with its subsidiary, LTL Management LLC, to simulate financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group claims this decision amounts to a fraudulent transfer of rights of victims’ compensation. They plan to explore J&J’s actions after the announcement of the dismissal of the first bankruptcy case of LTL.
May 10, 2023 Update: Next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy application by J&J subsidiaries LTL Management. In the meantime, it has approved an order which requires both sides to take part in a new settlement negotiation in the hope that it will be possible to reach a global settlement agreement been reached.
May 5, 2023 Update: Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Is talc safe in pills. Over 2700 people have sued the company and the company was spending $1 million a month on legal defense. The company’s latest $29 million verdict in South Carolina forced it to seek bankruptcy protection, arguing for equitable distribution of assets between talc claimants rather than being taken over through the receiver. Other talc suppliers have also filed for bankruptcy due to litigation.
May 4, 2023, Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume settlement discussions with lawyers who turned down the company’s proposed $8.9 billion offer for settlement. The court in Trenton, New Jersey yesterday, the parties appeared in court to discuss the next steps to take in this second case of bankruptcy. Judge Kaplan pushed more settlement talks.
This is the way to settle these claims for J&J. A settlement for baby powder can be completed. Is talc safe in pills. However, it will require more money – more billions of dollars – from Johnson & Johnson.
Lawyers are divided on whether to take the proposal or not and not every client sees this issue the same way their attorney does. This second case of bankruptcy is destined to fail, the judge Kaplan has scheduled a hearing for June to decide whether to dismiss the bankruptcy for the second time.
May 3, 2023 Update The group of cancer patients who have sued Johnson & Johnson (J&J) requested that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation involving talc products. The group of talc claimants made a motion Tuesday asking for the Third Circuit to consider their case and send it back before a court of lower jurisdiction, with instructions to dismiss the bankruptcy. Is talc safe in pills. They also asked that the lawsuit against the halted torts of J&J be allowed to proceed.
LTL requested Chapter 11 protection once again after its bankruptcy filing was rejected by the Third Circuit earlier this year which offered a $8.9 billion payment. The committee believes that the recent ruling which allowed the second Chapter 11 to continue, while also halting trials against J&J is a reason for an immediate Third Circuit review. The US Trustee also requested that be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation, Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a formal response in the appeals court, calling the request an “desperate and legally inadequate move” by a handful of law firms that have conflicting financial interests.
May 1st, 2023 Update: One question people keep asking is how plaintiffs and their lawyers be able to turn off $8.9 billion. Of course, it’s an enormous amount of money. But there are a lot of victims. Is talc safe in pills. These are an excellent arguments for plaintiffs. We were reminded of this recently by two talc-related trials that resulted in big verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon ended in a verdict in the amount of $18.1 million. The following month, a second mesothelioma-related talc case went to hearing within South Carolina and resulted in a verdict of $29 million on behalf of the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the top producers of talc in the U.S.
April 30th 2023 Update: When J&J initially attempted to pull the talcum powder litigation into bankruptcy, it was met with the option of putting aside $2 billion to settle the case. The amount was absurdly low. All of the talc plaintiffs agreed with it. This time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they accept a bankruptcy settlement and they also have the support of a substantial segment of the talc plaintiffs and their lawyers. Is talc safe in pills. But 75% of the plaintiffs who are a talc, which is required to approve bankruptcy plans is not an easy task with so many lawyers with vast stocks of baby powder litigations opposed to the settlement.
What can be done to end the impasse? More billions.
April 25, 2023 update: Talc patients have demanded a judge dismiss the 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 powders caused cancer. Is talc safe in pills. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January, saying the company was not eligible for bankruptcy relief since it had not demonstrated financial stress.
The plaintiffs argue that the third Chapter 11 case is an fraud on the bankruptcy system, and that it is being pursued in bad good faith. J&J asserts that the bankruptcy settlement receives “significant support” from firms representing about 60,000 potential plaintiffs. It’s safe to say that plaintiffs’ lawyers and the victims are split over the $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that it sold tainted baby powder causing cancer. While trials in the lawsuits involving talc are delayed for a minimum of 60 days and new lawsuits are able to be filed, and lawyers may begin to prepare their cases. Is talc safe in pills. Judges expressed skepticism about J&J’s pathetic attempt to revive its plan with a second bankruptcy case.
April 13th, 2023 Update: biggest story is that there’s an $8.9 billion over the course of 25 year period settlement offered. Lawyers representing cancer victims within MDL class action MDL class action have vowed to fight the settlement with the talc claimants. Why? They believe it’s not enough for more than 70,000 cancer victims. Is talc safe in pills. The lawyers say that J&J could negotiate a greater settlement or even litigate individual claims if the latest bankruptcy is dismissed.
But there is another lawyer group that isn’t part of the top leadership in the class action. These lawyers have amassed tens of thousands of cases. The group is seeking to settle the case now for what many argue is less than these victims deserve. The argument they make is twofold. They argue that the settlement, which is about the equivalent of $100,000 per plaintiff is fair.
This is an argument that is difficult to present. The second argument is more substance: the victims will not afford to wait any longer and need the money immediately.
April 12 2023 Update: Some people are looking for ways J&J is able to file for bankruptcy once more. The answer is complicated and convoluted. However, let’s attempt to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only method to settle both present and future talc-related lawsuits definitively. It believes that it will be less expensive in the event of the bankruptcy element which applies pressure to negotiate a settlement. Is talc safe in pills. In a quest to cover more than 400 years in American history, the company asserts that bankruptcy benefits all parties as it distributes settlement payments more equitably and effectively than trial courts which are where litigants get significant awards while others receive nothing.
The gist of the 3rd Circuit decision was this is not a case of one that makes a profit, but a subsidiary to take the legal responsibility and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. But it also said that the entity was in financial trouble because J&J offered unlimited financing.
Thus, J&J took advantage of the funding unlimited part of the agreement and did not promise to provide unlimited funding for lawsuits. The company claims that revised financing arrangements with its subsidiary addresses the appeals court’s concerns, while offering claim payment funds. As if offering victims less money will solve the overarching problem.
Lawyers representing cancer victims who oppose the agreement counter the agreement with what is the legal argument. Is talc safe in pills. They counter with legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous decision. Hyperbole was not spared the lawyers representing victims call it the most significant “fraudulent deal that has occurred in United States history.”
Despite all the legal jargon, J&J does not really think that the bankruptcy will endure. But it’s a way to try and push the $8.9 billion settlement and keep pressure on plaintiffs.
April 10 2023 update: Bloomberg has an interesting article on a new law of New Jersey that is shedding new light on the funding of litigation in the plaintiffs in the class action. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) regarding talc products, in exchange for a share of any profits. J&J is now offering the payment of $8.9 billion in settlements for all lawsuits.
The funders’ involvement is public information due to the New Jersey court rule requiring the release of certain details regarding outside funding backers. This rule is intended to tackle the growing demands for regulation of litigation funders. J&J has more than 60,000 claims when you combine state and federal baby powder lawsuits. Third-party funding of mass tort cases is not without its pros and pros and. There is no doubt that we are witnessing the ways that third-party funding can even the playing field for individuals and large corporations in court.
April 4, 2023 Update: It is interesting to watch the worm turning in this case. J&J took another hit this week when it was found that the Third Circuit denied J&J’s request to keep the automatic stay in place during the time that J&J appeals a bankruptcy ruling to the U.S. Supreme Court. Automatic stays have froze hundreds of cases involving talcum powder and stopped new lawsuits from getting filed ever since J&J launched the controversial attempt to spin the talc liabilities off into a bankrupt subsidiary more than one year ago. Is talc safe in pills. After it was decided that the 3rd Circuit ruled that this bankruptcy was not valid just a few months ago the stay was lifted. J&J had hoped to have it continue in the meantime of the 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. There is a chance that for the Supreme Court is willing even to consider the appeal? Low.
March 16 2023 Update: With the bankruptcy stay now in effect, the first new cases were filed and incorporated into the talcum powder class action MDL in the space of a year. Seven new talc lawsuits were included in the MDL in the past month and brought the total number of cases that are pending to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now demanding that authorities from the U.S. Government Accountability Office (GAO) launch an investigation into the amount J&J product containing talc has cost the government over the years.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc-based products for long while tax dollars spent treating those injured by exposure to the product. The demand comes just weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Is talc safe in pills. J&J needs to start making reasonable settlements to victims to to put all of this behind. This is a blemish on one of the greatest firms.
February 14 2023 Update: At a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc safe in pills. 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!