You May be Entitled to Significant Compensation Is talc safe to use. 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 be worth $400 million to US state AGs. Is Talc Safe To Use .
Johnson & Johnson (JNJ.N) has put aside $400 million to resolve U.S. state consumer protection actions as part of a larger $8.9 billion settlement of allegations that its Baby Powder and other talc-based items cause cancer. Is talc safe to use.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm plans to pay different kinds of cancer victims in the bankruptcy settlement. Is talc safe to use. J&J has stated that its products containing talc are safe and won’t cause cancer. It is attempting for another time to settle more than 38,000 lawsuits brought in bankruptcy, as well as prevent new lawsuits from being filed in the future.
LTL’s bankruptcy plans would deposit $400 million into a separate trust for lawsuits filed from state attorney generals claiming that J&J violated the state’s unfair commercial practices and consumer protection laws, by deceiving consumers regarding the safety of its talc products.
Some states had started consumer protection lawsuits against J&J prior to the time that LTL’s bankruptcy filing stopped those investigations from progressing in 2021. Is talc safe to use. New Mexico and Mississippi had already launched lawsuits in the past against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas, according to LTL’s court filings.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL in a joint move with cancer victims as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog, who have argued that a successful company such as J&J is not eligible for bankruptcy protections aimed at those struggling with debt.
The first time LTL attempted to settle the bankruptcy-related lawsuits was dismissed following similar arguments. A U.S. appeals court ruled the LTL had not been in “financial distress” and was not eligible to receive bankruptcy relief. Is talc safe to use. LTL filed a second bankruptcy within two hours of the dismissal, arguing its second attempt was different because there was less money available and had more support for a settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates the law enforcement powers of the state by attempting unilaterally to cap the company’s liability for state consumer protection measures.
Is Talc Safe To Use
LTL’s filings for the new year also contained more information about the way in which the company will evaluate and settle cancer claims if the bankruptcy plan is approved.
The maximum amount under the settlement will be $500,000 for those diagnosed with mesothelioma that is terminal before age 45, and $260,000 for those diagnosed with ovarian cancer that is terminal before age 45.
The proposed settlement offers discounts based on the nature and severity of cancer, the patient’s years of age, their history of the use of talc, and other aspects. Is talc safe to use. For example, a woman who used talc products on a weekly basis, who had an ancestral history of ovarian cancer and was diagnosed stage II ovarian cancer when she was 55 may qualify for a $21,125 payment under the program.
Judge orders J&J and talc opponents discuss settlement negotiations.
Following another hearing in Johnson and Johnson’s efforts to use a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the strategy to engage in negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary created by J&J to manage the claims company proposed a settlement of $8.9 billion. Is talc safe to use. While a firm representing plaintiffs supports the deal, another group opposes the move.
The previous week, the opposition group, called”the Official Committee of Talc Claimants requested the bankruptcy court to disqualify the petition arguing that LTL is not a factor financially distressed.
“The filing is a desperate and legally deficient attempt by a small number of law firms to prevent claimants from voting on the resolution plan – a plan the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Is talc safe to use. “The law firms who filed these filings have interests in finance that clash with, differ from and are in opposition to the interests which their clientele. We’ll submit an appeal in the appeals court.”
Is talc safe to use. Clay Thompson, a lawyer for MRHFM which has more than 80 mesothelioma clients who have filed lawsuits against J&J, said that the second bankruptcy attempt of J&J failed.
“J&J issue press releases about how great its plan is, while requesting that details of the plan, such as what each sick person will receive — be kept private,” Thompson said in an email. “What do J&J have to cover up?”
Kaplan has instructed the sides to devise a second arrangement plan under supervision from two mediators.
In February 2022, Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that will free the company from the hundreds of thousands of claims concerning its talcum products.
But in January of this year, an appeals court of the federal government overturned the ruling, ruling that the business could not be considered to be in “financial financial distress.”
The J&J’s plan to challenge the U.S. Supreme Court was rejected at the end of April J&J was granted a second petition for bankruptcy about two hours after. In response, Kaplan froze the lawsuits for 60 days in order to determine whether or not to accept to file for bankruptcy again.
J&J’s unstoppable profit machine sputters after $6.9B settlement charge for talc.
With the two Chapter 11 attempts, J&J has gotten 19 months of which cases were put held. Is talc safe to use. J&J wants the claimants to accept their settlement. J&J needs 75% of the vote for the deal to go through.
In addition to the gang of talc lawyers who criticised the bankruptcy of the company as well, the U.S. Trustee which is a division of the U.S. Department of Justice is also submitting an application to dismiss LTL’s bankruptcy second case.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest but unfortunate debtors.” These doors “are not accessible to those that lack a legitimate bankruptcy goal or who seek to use the bankruptcy process to hinder or delay their creditors,” Vara continued.
In its own words, J&J maintains there is no evidence conclusive that its Talc-based products, such as its popular baby powder can 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 intends to steer clear of the expense of going to court. J&J has won most of the cases decided through trial, though certain losses have been severe.
A well-known trial in Missouri led to an $4.7 billion judgment against the drug manufacturer, which 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 talc trials that are either on appeal or have been resolved. Out of 41 trials, 32 have ended in winning for J&J as well as mistrials or plaintiff verdicts that were overturned after appeal. Is talc safe to use. The company also in 2020 moved to settle more than 1,000 cases worth 100 million dollars, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Safe To Use
Our lawyers are handling the baby powder litigation in every state. The lawsuits involving talcum powder against Johnson & Johnson have been going on for a long time. Is talc safe to use. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient in products such as the Baby Powder or Shower to Shower which can cause ovarian cancer in some women.
This article provides an J&J Talc Power litigation update and discusses how the upcoming bankruptcy ruling impacts the ultimate settlement amounts 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 statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Safe To Use
June 2, 2023 Update: During the asbestos talc case in California yesterday, technical issues halted the opening statements of the defense attorneys. Is talc safe to use. Jurors at home via Zoom, did hear Johnson and Johnson’s lawyer express doubt about the 70s research affirming the presence of asbestos in their product, but the opening was abruptly ended.
In the meantime, the plaintiff could present its first expert witness Arthur Langer. Langer explained that the occurrence of additional minerals along with talc is expected. He also testified that his team had notified J&J in the year 1971 of the presence of chrysotile asbestos within the talc of the company, but in less than 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update Is talc safe to use. First trial after J&J made the decision to split its talc division, and then declare bankrupt marks a pivotal moment for the ongoing litigation controversy. The trial started yesterday in the poignant case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma last year, a diagnosis lawyers on both sides agree is a harrowing tragedy.
Opening statements revealed the sharp differences in the two sides’ narrative. The plaintiff’s attorney took aim at Johnson & Johnson, alleging that the company employed deceitful strategies in its research practices as well as throughout the litigation procedure. The attorney claims that, according to, Johnson & Johnson attempted to alter the definition of asbestos in spite of internal documents from the year 1978 and 1994 indicating that asbestos fibers that were found in the tissue of the plaintiffs are included.
Johnson & Johnson’s uncertain $8.9 billion settlement is hanging in the balance with the progress of this trial. Despite the distinctive nature of the mesothelioma trial and its distinct issues compared to other lawsuits involving talcum powder ruling in favor of the plaintiff could inflict the company with a major setback in its hopes of broad acceptance of their proposed settlement among plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupt talc division is defending their 2nd Chapter 11 filing in the facing challenges from the talc injury plaintiffs. In an objection submitted to the New Jersey bankruptcy court, the company argued that the case was distinct from the first filing. It highlighted the extraordinary commitment of $8.9 billion by J&J, the largest settlement ever made in an bankruptcy case involving mass torts. Is talc safe to use. There was no mention of how the size of the settlement indicates that it is an equitable settlement. J&J also claimed support from several plaintiffs’ legal firms representing over 600,00 claimants. This is difficult to verify but it’s likely to be false.
May 24 2023 Update: Following Johnson & Johnson’s 2021 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, which is a well-known court for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure from J&J’s products and J&J has denied. The trial also includes six retailers accused of selling talc products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J talc bankruptcy are now fighting over who should be chosen to fill the post of future claims representative. This is a role that is critically important to resolving the Talc claims. Is talc safe to use. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation, was appointed as the claims representative during the first bankruptcy. J&J’s defense group wants Ellis to be appointed to that role in the future, however lawyers representing the talc plaintiffs are protesting due to the fact that Ellis has a conflict of interest that should prevent her from holding that position for the second time. The dispute stems from fact that Ellis was believed to have been involved in the creation of the hotly disputable second bankruptcy, raising doubts about her capability to remain neutral. The reality is this bankruptcy is likely to be tossed out anyway.
May 17, 2023 Update: The pretend company J&J created for the talc litigation bankruptcy told an New Jersey bankruptcy court that they have allocated $400 million as a settlement for claims of states that accuse J&J of misleading marketing regarding its talc products. Is talc safe to use. That’s an $8.5 billion settlement to cancer victims. It’s difficult to imagine any scenario in which J&J could push the baby powder settlements with these numbers. Although J&J’s $8.5 billion offer seems like a huge sum initially, it does not appear appealing after you calculate the figures. The proposed settlement based on our estimates – will not be able to pay victims more than a median settlement of $100,000 per case. It’s not enough.
May 15, 2023 update: J&J could be facing lawsuit brought by an advocacy group that represents cancer victims. Is talc safe to use. The group claims that J&J deliberately retracted the $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, to simulate financial stress and validate the unit’s Chapter 11 bankruptcy filing. The group argues that this act is equivalent to a fraudulent transfer of the victims’ compensation rights. They are planning to study J&J’s actions as a result of the decision to dismiss the first bankruptcy case of LTL.
May 10 2023 Update: The following week in this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy filing that was filed by J&J subsidiary LTL Management. However, in the meantime this bankruptcy court has issued an Order calling for both parties to participate in a settlement mediation in the hope that an international settlement agreement can be come to fruition.
May 5th, 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer from asbestos exposure. Is talc safe to use. Over 2700 people have sued the firm, and it was spending $1 million a month to defend its legal position. The company’s most recent $29 million settlement that was handed down in South Carolina forced it to file for bankruptcy protection, arguing that assets should be distributed in an equitable manner between talc claimants rather than being confiscated by the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of legal proceedings.
May 4 2023 Update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to resume settlement discussions with lawyers who have rejected the company’s proposed $8.9 billion agreement. At Trenton, New Jersey yesterday the parties gathered in court to discuss next steps for the second bankruptcy case and Judge Kaplan encouraged further settlement talks.
This is the answer to resolve these claims for J&J. A baby powder settlement could be completed. Is talc safe to use. But it will require more money – more billions of dollars – by Johnson & Johnson.
Lawyers are divided on whether to take the proposal or not and not every client views this issue the same way their lawyer sees it. Second bankruptcy cases are likely to go nowhere as Judge Kaplan has scheduled a hearing in June to determine whether to dismiss the bankruptcy for the second time.
May 3 2023 Update: A group representing cancer patients suing Johnson & Johnson (J&J) asked that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation involving talc products. The group of talc claimants filed a motion on Tuesday requesting that the Third Circuit to consider their case and then send it back the lower court, with instructions to dismiss the bankruptcy. Is talc safe to use. They also asked that lawsuit against the halted torts of J&J be allowed to continue.
LTL has filed for Chapter 11 protection once again after its first bankruptcy filing was denied by the Third Circuit earlier this year with the possibility of an $8.9 billion agreement. The committee argues that the recent ruling allowing LTL’s third Chapter 11 to continue, while also halting trials against J&J and J&J, requires immediate Third Circuit review. The US Trustee has also requested the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation, Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a statement to the appeals court declaring the filing an “desperate and legally inadequate attempt” by a handful of law firms with different financial interests.
May 1st 2023 Update: One question people keep asking is how could the plaintiffs’ lawyers and their clients turn down $8.9 billion. Of course, it’s quite a sum. But there are a lot of victims. Is talc safe to use. They are a great arguments for plaintiffs. We have been reminded of this recently by two talc-related trials that ended in large verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon resulted in a verdict that was $18.1 million. In the same month, a different talc mesothelioma case went to hearing in South Carolina and resulted in an award of $29 million to the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the leading suppliers of talc within the U.S.
April 30 2023 Update: When J&J initially attempted to pull the lawsuit over talcum powder into bankruptcy, it did so with an offer to reserve $2 billion for settlements. This was an absurdly low amount. None of the talc plaintiffs were in favor of the proposal. This time around, however, J&J has increased the offer to $8.9 if the talc plaintiffs agree to a bankruptcy settlement and they have the backing of a significant segment of the talc plaintiffs and their attorneys. Is talc safe to use. However, 75% of plaintiffs who are a talc, which is necessary for bankruptcy plan approval, it a tough road since there are so many lawyers with massive collections of baby powder-related lawsuits, opposed towards the agreement.
What are the solutions to the impasse? More billions.
April 25, 2023, Update Talc plaintiffs have demanded a judge dismiss the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, saying the company is not financially distressed. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Is talc safe to use. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible for bankruptcy relief as it failed to show financial difficulties.
The claimants contend that the Second Chapter 11 case is an abuse of the bankruptcy system, and that it’s being pursued in bad faith. J&J states that the bankruptcy settlement is backed by “significant support” from firms representing about 60,000 potential people who are claiming. It’s safe to say that the plaintiffs’ attorneys and victims ‘ lawyers are divided on what they believe is an $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge has ruled that Johnson & Johnson must face new lawsuits alleging that it sold baby powder that was contaminated and causing cancer. Even though trials for talc lawsuits are paused for a minimum period of 60 days and new lawsuits are able to be filed and lawyers are able to begin preparing their cases. Is talc safe to use. Judges expressed skepticism about J&J’s pathetic attempt to revive its strategy by filing a second bankruptcy trial.
April 13th, 2023 Update: The major update is about the $8.9 billion over the course of 25 years of settlement. Lawyers representing cancer patients within MDL class action MDL Class Action have pledged to challenge the settlement those who claim talc. Why? They feel it’s not enough to pay for those suffering from cancer who are 70,000. Is talc safe to use. These lawyers believe that J&J could negotiate a greater settlement or pursue individuals’ claims if the current bankruptcy is declared unconstitutional.
But there is another group of lawyers outside of the leadership group in the class action. They have amassed many thousands of cases. The group is seeking to settle now for what is believed to be lower than what the victims should be paid. The argument they make is two-fold. First, they argue that the settlement – about 100,000 dollars per plaintiff – is fair.
This is an argument that is difficult to make. The second argument is more force: the victims can now not wait and they want their money now.
April 12 2023 Update: Some people are asking how J&J is able to file for bankruptcy once more. The answer is complex and complex. Let’s try to clarify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only way to address both present and future talc-related lawsuits definitively. In other words, 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 to use. Moving past the 400-year span of American history, the company believes that bankruptcy is beneficial to everyone by dispersing settlement payments more evenly and effectively than trial courts where some litigants receive significant awards while others receive nothing.
The basic tenet in the 3rd Circuit decision was this is not a case – an enterprise that is profitable, forming subsidiaries to meet the legal liability and declare bankruptcy, which is what Congress contemplated when drafting the Bankruptcy Code. However, it also stated that the subsidiary was not in financial trouble because J&J offered unlimited financing.
This is why J&J took advantage of the unlimited funding portion of the holding and did not promise to provide unlimited funding for cases. The company claims that its modified financing arrangements with its subsidiary address concerns of the appeals court while offering claim payment funds. In the hope that offering victims lesser money could solve the problem at hand.
Lawyers representing cancer patients who oppose the deal counter the agreement with what is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s earlier decision. Hyperbole is not exempt: victims’ lawyers call this the biggest “fraudulent transaction ever in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe that this bankruptcy will last. But it’s a way to try and push the $8.9 billion settlement to keep the pressure on plaintiffs.
April 10 2023 Update: Bloomberg is running an intriguing article about a new law of New Jersey that is shedding new light on the funding of litigation in the baby powder suit for class actions. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) concerning talc products in exchange in exchange for a portion of settlements. J&J has now offered to pay $8.9 billion to settle any lawsuits.
The involvement of funders is publicly available because of an New Jersey court rule requiring the release of certain details about funding sources outside of the. This rule is intended to respond to the increasing calls for regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you add up state and federal infant powder litigation. Third-party funding of mass tort cases has pros and cons. However, there is no doubt that we are witnessing how third-party financing can help level the playing field between individual as well as large corporations in court.
April 4 2023 Update: It is pleasing to see the worm turn in this lawsuit. J&J was hit again this week when an appeals court in the Third Circuit denied J&J’s request to continue the automatic stay in the meantime that J&J appeals an appeal before the U.S. Supreme Court. This automatic stay halted the cases of talcum powder in a number of years and prevented new lawsuits from being filed ever since J&J launched the controversial attempt to spin the talc liability off into a bankrupt entity over a year back. Is talc safe to use. When the 3rd Circuit ruled that this bankruptcy was insufficient just a few months ago the stay was lifted. J&J was hoping to have it continued pending its SCOTUS appeal. However, the answer was no.
April 1st, 2023 Update Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The likelihood that the Supreme Court is willing even to accept the appeal? Low.
March 16 2023 Update: with the bankruptcy stay now fully lifted, the first new cases were filed and incorporated into the Talcum Powder class action MDL in just over a year. Seven new talc lawsuits have been added to the MDL over the last month increasing the number of pending cases up to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now requesting that the U.S. Government Accountability Office (GAO) start an investigation to determine how much J&J talc products have cost the government in the many years.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc products for many years, while tax dollars were utilized to treat people injured by exposure to the product. The lawsuit comes just a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is talc safe to use. J&J must begin making fair settlement offers to victims to begin to put all of this behind. This is a disgrace to one of the most prestigious companies.
February 14 2023 Update: At an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc safe to use. 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!