You May be Entitled to Significant Compensation Johnson & Johnson talc lawsuit update. 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 $440 million US state AGs. Johnson & Johnson Talc Lawsuit Update .
Johnson & Johnson (JNJ.N) has put aside $400 million to resolve U.S. state consumer protection actions as part of its broad $8.9 billion settlement of allegations that its Baby Powder and other talc-based ingredients cause cancer. Johnson & Johnson talc lawsuit update.
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 sufferers in the bankruptcy settlement. Johnson & Johnson talc lawsuit update. J&J has claimed that its talc products are safe and do not cause cancer. J&J is seeking another time to settle more than 38,000 lawsuits brought in bankruptcy and stop new cases from arising in the future.
LTL’s bankruptcy plans would deposit $400 million to a separate trust for claims brought with state attorneys general alleging that J&J was in violation of the state’s unfair commercial practices and consumer protection laws by misleading consumers regarding the quality of its talc products.
Many states had initiated consumer protection cases against J&J prior to the time that LTL’s bankruptcy filing stopped those investigations from taking place in 2021. Johnson & Johnson talc lawsuit update. New Mexico and Mississippi had already filed lawsuits in the past against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands in LTL’s court filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy, joining cancer victims and their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a successful business like J&J cannot benefit from bankruptcy protections meant for the struggling debtors.
The first attempt by LTL to resolve the bankruptcy-related lawsuits was thrown out after similar arguments. In the end, a U.S. appellate court decided in favor of LTL did not have “financial financial distress” and ineligible for bankruptcy protection. Johnson & Johnson talc lawsuit update. LTL declared bankruptcy a second time in just two hours following that dismissal, arguing that the second bankruptcy was different due to the fact that it had less money and more backing for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss LTL’s bankruptcy renewal violates the state’s law enforcement authority by trying to unilaterally cap the company’s liability for state consumer protection actions.
Johnson & Johnson Talc Lawsuit Update
LTL’s new filings also included more information on how the company would evaluate and pay for cancer claims should the bankruptcy plan be approved.
The highest payments under the settlement will be $500,000 for those diagnosed with cancer of the mesothelioma ovary before age 45. Johnson & Johnson talc lawsuit update. The second payment would be $260,000 for those diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement provides discounts based on the kind and severity of cancer, the individual’s age, previous using talc and other factors. Johnson & Johnson talc lawsuit update. For instance, a woman who used daily talc products, had the family history of ovarian cancer and was diagnosed Stage II cancer of the ovary at age 55 could be in line to receive a payment of $21,125 under the settlement plan.
Judge decides J&J and talc opponents engage in settlement talks.
Following another round of hearings in Johnson and Johnson’s efforts to use a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the move to conduct negotiations to settle the matter, Bloomberg reports.
In its second bankruptcy effort for LTL Management, a subsidiary set up by J&J to manage the claims company offered a settlement of $8.9 billion. Johnson & Johnson talc lawsuit update. While one group of law firms representing plaintiffs is in favor of the settlement, a different group is opposed to the offer.
The previous week, the opposition group, dubbed the Official Committee of Talc Claimants, urged the bankruptcy court for dismissal of the matter by asserting that LTL is not a factor in financial distress.
“The filing is an incredibly legal and ineffective attempt by a handful of law firms to stop claimants from deciding on the resolution plan–a plan the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Johnson & Johnson talc lawsuit update. “The law firms who filed their filing are financially oriented and have conflicts that do not align with, diverge from and infringe on the rights they represent. We’ll be submitting an appeal in the appeals court.”
Johnson & Johnson talc lawsuit update. Clay Thompson, a lawyer for MRHFM that has more than 80 mesothelioma victims 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 simultaneously demanding that plan details–including what each sick person will be treated to,” Thompson said in the statement. “What do J&J have to hide?”
Kaplan has instructed both sides to create a strategy for reorganization, under the oversight of two mediators.
As of February 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the thousands of lawsuits concerning its talcum products.
But in January of this year an appeals court in the United States overturned the verdict, ruling that the company was not able to be considered in “financial distress.”
The J&J’s plan to make an appeal before the U.S. Supreme Court was denied on April 1, J&J was granted a second petition for bankruptcy about two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to allow an additional bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B the talc litigation cost.
Through 2 Chapter 11 attempts, J&J has gotten 19 months of which cases were placed in limbo. Johnson & Johnson talc lawsuit update. The company is requesting that claimants vote on accepting their settlement. J&J needs 75% support for the settlement to be approved.
Alongside the group of talc lawyers that criticized LTL’s bankruptcy plan as well, the U.S. Trustee, a branch from the U.S. Department of Justice, also filed an application to dismiss LTL’s second bankruptcy case.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest, but naive debtors.” The doors “are not accessible to those that do not have a legitimate objective or seek to take advantage of the bankruptcy process to delay or hinder their creditors.” Vara continued.
To its credit, J&J maintains there is no definitive evidence to suggest that its Talc products, which includes the famous 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 cost of going to court. J&J has won the majority of the cases that have been resolved through trial, though some losses have been punishing.
A well-known trial in Missouri ended in a $4.7 billion verdict against the drug maker that was later reduced to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial involving talc that are on appeal or have been resolved. In 41 trials 32 have ended in an outcome for J&J as well as mistrials or plaintiff verdict that was reversed in appeal. Johnson & Johnson talc lawsuit update. Additionally, the company in 2020 negotiated to settle over 1000 cases at a cost of $110 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Johnson & Johnson Talc Lawsuit Update
Our lawyers handle baby powder lawsuits across all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been going on for a long time. Johnson & Johnson talc lawsuit update. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in products like Shower to Shower Powder or Shower to Shower as well as other products, may cause ovarian cancer in certain women.
This page provides a J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling impacts the ultimate settlement amounts in the cases of ovarian cancer.
Is the deadline for you to start a lawsuit against talcum powder? Many who believe that the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Johnson & Johnson Talc Lawsuit Update
June 2 2023 Update: At an asbestos talc court trial held in California yesterday, some technical issues halted the opening statement by the defense lawyers. Johnson & Johnson talc lawsuit update. The jurors, attending from home on Zoom however, heard Johnson and Johnson’s lawyer express doubts about the 70s research claiming asbestos was present in their product prior to the trial was abruptly closed.
The plaintiff had the opportunity to present their first witness, Arthur Langer. Langer stated that the presence of other minerals alongside the talc’s mineral content is inevitable. He also testified that his team advised J&J in the year 1971 about the presence of chrysotile asbestos within the company’s talc, albeit with less than 0.1 percent. He also discovered more asbestos in the year 1976.
June 1, 2023 Update: Johnson & Johnson talc lawsuit update. 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 within the ongoing litigation drama. Trial began yesterday in the poignant case of a young 24 year-old plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma earlier this year. which lawyers on both sides agree is a tragedy of a different kind.
The opening statements exposed the huge differences between the sides’ narrative. The attorney for the plaintiff took aim on 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 asbestos’ definition, 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 & Johnson’s precarious $8.9 billion settlement deal hangs in the balance as we progress of this trial. Despite the distinct nature of this mesothelioma lawsuit and its distinctive issues in comparison to other lawsuits involving talcum powder ruling in favor of the plaintiff could inflict an enormous setback for J&J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31, 2023 Update: Johnson and Johnson’s bankrupt talc unit was able to defend its two-time Chapter 11 filing in the facing challenges from the talc injury plaintiffs. In an objection submitted to the New Jersey bankruptcy court, the subsidiary argued that the case was fundamentally different from the prior filing. It highlighted the extraordinary commitment to $8.9 billion from J&J, the largest settlement ever in any bankruptcy case that involves mass tort. Johnson & Johnson talc lawsuit update. The issue is not discussed: whether the size of the settlement signifies that it’s an equitable settlement. J&J also claimed support from numerous plaintiffs’ law firms representing more than 60,000 claimants. This is not easy to confirm but it’s likely to be false.
May 24, 2023 Update: Since Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial on the cosmetic talc products it claims to with asbestos content is scheduled to commence jury selection on Monday, May 24, California within the Alameda County Superior Court, an historically reliable court for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure through J&J’s products which the company denies. The trial also involves six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J Talc bankruptcy are currently disputing who should be appointed to the post of future claims representative. This is which is vitally essential in resolving the talc claims. Johnson & Johnson talc lawsuit update. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country was appointed as the claims representative during the first bankruptcy. J&J’s defense team wants Ellis to be appointed to this position and again, but attorneys for the talc plaintiffs are protesting on the grounds that Ellis has an interest conflict that would prevent her from being appointed to that post in the future. The conflict stems from the possibility that Ellis was believed to have been involved in the creation of the hotly contesting second bankruptcy, raising doubts about her ability to be neutral. The reality is this bankruptcy will likely to be tossed out anyway.
May 17th, 2023 Update: The pretend company J&J created to handle the bankruptcy of talc told a New Jersey bankruptcy court that they had allocated $400 million to settle the claims made by states accusing the company of misleading advertising for its talc-based products. Johnson & Johnson talc lawsuit update. So that makes it an $8.5 billion settlement for cancer victims. It’s hard to imagine a scenario where J&J can push the settlements of baby powder through with these numbers. While J&J’s $8.5 billion offer seems like a lot of money initially, it may not look very appealing when you do the math. The settlement plan based on our estimates – will not be able to pay victims more than an average settlement $100,000 per case. That is not enough.
May 15th 2023, Update J&J might be facing lawsuit brought by an advocacy group representing cancer victims. Johnson & Johnson talc lawsuit update. The group claims that J&J deliberately withdrew an $61.5 billion contract for funding together with its parent company, LTL Management LLC, in order to create a false sense of financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group claims this decision is equivalent to a fraudulent transfer of the rights of victims’ compensation. They plan to explore J&J’s actions following of the denial of LTL’s first bankruptcy case.
May 10 2023 Update: Next week in it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy petition filed that was filed by J&J subsidiaries LTL Management. However, in the meantime LTL Management has filed an Order calling for both parties to participate in a second settlement mediation hoping that a global settlement deal can brokered.
May 5th 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. Johnson & Johnson talc lawsuit update. More than 2700 people have filed lawsuits against the firm and it has been spending $1 million a month on legal defense. The company’s recent $29million settlement at the Supreme Court of South Carolina forced it to file for bankruptcy protection, arguing for an equitable distribution of assets to talc claimants, rather than being taken through the receiver. Other suppliers of talc have filed for bankruptcy due to litigation.
May 4 2023, Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to relaunch settlement discussions with lawyers who rebuffed the company’s proposed $8.9 billion settlement offer. In Trenton, New Jersey yesterday the parties appeared in court to discuss next steps in the second bankruptcy case. Judge Kaplan pushed more settlement talks.
This is the answer to resolve these claims for J&J. A baby powder settlement could get done. Johnson & Johnson talc lawsuit update. However, it will require more money, more billions of dollars by Johnson & Johnson.
Lawyers are divided over whether or not to agree with the proposal and not all clients view the situation the same way their lawyer does. A second bankruptcy proceeding is bound to go nowhere as Judge Kaplan has scheduled a hearing for June to determine if she will remove the bankruptcy after the second.
May 3, 2023 Update: A group of cancer victims suing Johnson & Johnson (J&J) demanded to have they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation regarding talc-related products. The group representing claimants for talc has filed a motion this week, asking that the Third Circuit to consider their case and then send it back before a court of lower jurisdiction, with instructions to discharge the bankruptcy. Johnson & Johnson talc lawsuit update. They also asked that stoppage of tort litigation against J&J should be permitted to continue.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected in the Third Circuit earlier this year with the possibility of an $8.9 billion settlement. The committee believes that the recent ruling allowing the second Chapter 11 to continue, and also stopping trials against J&J should be subject to an immediate Third Circuit review. The US Trustee also requested that it be requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation, Erik Haas, was quoted by Bloomberg declaring that J&J intends to file a formal response in the appeals court characterizing the filing as a “desperate and legally deficient attempt” by a small number of law firms with different financial interests.
May 1 2023 Update: One question people keep asking is how could plaintiffs and their lawyers turn off $8.9 billion. Of course, that’s a lot of money. There are a lot of victims. Johnson & Johnson talc lawsuit update. And these are really good case for plaintiffs. We have been reminded of this recently when two talc cases resulted in big verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon led to an award worth $18.1 million. A month later, another mesothelioma trial involving talc was held for the court in South Carolina and resulted in an award of $29 million to the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. One of the top suppliers of talc within the U.S.
April 30th, 2023 Update: When J&J first attempted to drag the lawsuit over talcum powder into bankruptcy, they came with an offer to set aside $2 billion for settlements. The amount was absurdly low. There was no one among the talc victims who were in favor of it. This time, however, J&J has increased the offer to $8.9 in the event that the talc victims agree to a bankruptcy settlement and also has the support of a substantial section of the talc victims as well as their lawyers. Johnson & Johnson talc lawsuit update. However, 75% of plaintiffs of talc are required for bankruptcy plan approval is a difficult road with so many lawyers with large inventory of baby powder-related lawsuits, opposed to the settlement.
What can be done to end the impasse? More billions.
April 25, 2023 update: Talc cancer claimants have demanded a judge reject the Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, which claims that the business is not financially troubled. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Johnson & Johnson talc lawsuit update. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company wasn’t eligible for bankruptcy relief as it did not show financial trouble.
The claimants argue that the second Chapter 11 case is an abuse of the bankruptcy system, and that it’s being pursued in bad faith. J&J claims the bankruptcy settlement receives “significant backing” from the firms that represent around 60,000 claimants. It’s fair to say that the plaintiffs’ attorneys and victims are divided over the $8.9 billion settlement offer.
April 21, 2023 Update: A bankruptcy judge has decided in favor of Johnson & Johnson must face new lawsuits alleging that the firm sold tainted baby powder causing cancer. Although the trials for talc lawsuits are paused for a minimum of 60 days however, new lawsuits may be filed and lawyers are able to begin preparing their cases. Johnson & Johnson talc lawsuit update. The judge expressed his doubts about J&J’s attempt to relaunch its strategy in another bankruptcy case.
April 13 2023 Update: The most important story is that there’s an $8.9 billion over 25 years settlement offer. Lawyers representing cancer victims within MDL class action MDL group action vowed to challenge the settlement those who claim talc. Why? They think it is not enough money for more than 70,000 cancer victims. Johnson & Johnson talc lawsuit update. These lawyers believe that J&J could negotiate a greater settlement or litigate individual claims in the event that the latest bankruptcy is dismissed.
But there’s a separate set of lawyers who are not part of the top leadership in the class action. The lawyers collectively have accumulated hundreds of thousands of cases. The group is seeking to settle today for what many argue is lower than what the victims should be paid. Their argument seems to be twofold. They argue that the settlement, which is about 100 million dollars on average per plaintiff – is fair.
It’s a difficult argument to present. However, their second argument has more force: victims should be no longer patient and demand their money now.
April 12 2023 Update: Some people are asking how J&J could file for bankruptcy again. The answer is complicated and complex. Let’s try to simplify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only method to address both present and future lawsuits involving talc conclusively. It thinks it can get a lower rate should there be a bankruptcy component that applies pressure for a settlement. Johnson & Johnson talc lawsuit update. Moving past hundreds of years of American history, the company argues that bankruptcy benefits all parties by distributing settlements more fairly and effectively than trial courts which are where litigants get significant awards while others receive nothing.
The gist of this 3rd Circuit decision was this is not a matter of the profit-making company that has an entity to assume the legal liability and declare bankruptcy – something Congress contemplated when drafting the Bankruptcy Code. However, the court also ruled that the subsidiary was not in financial crisis due to the fact that J&J promises unlimited funding.
Thus, J&J decided to go with the funding unlimited part of the deal but did not pledge to fund unlimited cases. The company says that its updated financing arrangements with its subsidiary address appeals court’s concerns while still providing funds for claims. As if offering victims less money would solve the overarching problem.
Attorneys representing cancer victims who oppose the agreement counter this by arguing that the plaintiff is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier decision. Hyperbole did not go unnoticed attorneys representing the victims claim this the biggest “fraudulent deal in United States history.”
In spite of the legal jargon, J&J does not really believe that this bankruptcy will last. But it’s a way of trying to push this $8.9 billion settlement, and to keep the pressure on plaintiffs.
April 10, 2023 Update: Bloomberg provides an insightful article on a new law of New Jersey that is shedding new light on litigation funding in the baby powder class action lawsuit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) regarding talc products, in exchange for a percentage of any profits. J&J is now offering that it will pay $8.9 billion in settlements for all lawsuits.
The funders’ involvement is made public because of the New Jersey court rule requiring the disclosure of certain information about funders outside the state. The rules aim to address the rising calls for regulation of the litigation funders. J&J faces over 60,000 claims when you take into account federal and state child powder-related lawsuits. Third-party funding for mass tort lawsuits has both pros and cons. But there is no question 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 fun to watch the worm turning in this legal battle. J&J suffered another setback this week when the Third Circuit denied J&J’s request to continue the automatic stay during the time that J&J appeals a bankruptcy decision before the U.S. Supreme Court. It has froze the cases of talcum powder in a number of years and prevented the filing of new lawsuits ever since J&J started the controversial process to spin the talc liability off into a bankrupt entity over one year in the past. Johnson & Johnson talc lawsuit update. 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 wanted to see it stayed in place until its 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 likelihood that for the Supreme Court is willing even to accept the appeal? Low.
March 16 2023 Update: With the bankruptcy stay now officially lifted, the first new cases have been filed and transferred into the talcum powder class action MDL in the space of a year. Seven new talc lawsuits were included in the MDL in the last month increasing the number of cases pending to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) initiate an investigation into the amount J&J talc products have cost the government over the decades.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of failing to recognize the dangers of its talc-based products for long while tax dollars used to treat those who were injured through exposure to the chemicals. The suit comes just a few days after J&J’s loss to the 3rd Circuit Court of Appeals.
Johnson & Johnson talc lawsuit update. J&J needs to start making reasonable settlements to victims to begin the process of putting all this behind it. It’s a mark on one of the greatest companies.
February 14 2023 Update: In a hearing today 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 Johnson & Johnson talc lawsuit update. 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!