You May be Entitled to Significant Compensation Mesothelioma lawsuits. 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 be worth 400 million dollars to US state AGs. Mesothelioma Lawsuits .
Johnson & Johnson (JNJ.N) has put aside $400 million to resolve U.S. state consumer protection actions as part of its broader $8.9 billion deal to settle allegations that it’s Baby Powder as well as other talc items cause cancer. Mesothelioma lawsuits.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay different types of cancer victims as part of an arrangement for bankruptcy. Mesothelioma lawsuits. J&J has said that its Talc products are safe and won’t cause cancer. It is attempting for a second time to resolve more than 38,000 cases in bankruptcy and stop new cases from coming forward in the near future.
The bankruptcy plan of LTL would pay $400 million to an additional trust to settle claims filed from state attorney generals claiming that J&J violated state unfair business practices as well as consumer protection laws, by deceiving consumers about the dangers of its talc products.
Some states had started consumer protection measures against J&J prior to the time that LTL’s bankruptcy filing stopped those investigations from taking place in 2021. Mesothelioma lawsuits. New Mexico and Mississippi had already initiated actions against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas according to court documents.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL along with cancer sufferers as well as the U.S. Justice Department’s bankruptcy watchdog. They have argued that a successful company such as J&J can’t benefit from bankruptcy protections intended for the struggling debtors.
The first attempt by LTL to resolve the bankruptcy lawsuits was thrown out after similar arguments. A U.S. appeals court decided it was not LTL was not in “financial distress” and ineligible to receive bankruptcy relief. Mesothelioma lawsuits. LTL declared bankruptcy a second time in just two hours following that dismissal, arguing that its second attempt was different because it had less money and had a greater chance of securing the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates the state’s law enforcement authority in attempting to unilaterally limit LTL’s liability to state consumer protection laws.
Mesothelioma Lawsuits
LTL’s new filings also included more information on how the company would assess and settle cancer claims in the event that the bankruptcy plan is approved.
The largest amount of money under the settlement will be $500,000 for people diagnosed with mesothelioma terminal prior to age 45 and $260,000 for those diagnosed with ovarian cancer that is terminal prior to age 45.
From there, the proposed settlement will offer discounts based on the severity and type of cancer, the individual’s years of age, their history of talc use and other factors. Mesothelioma lawsuits. For instance someone who regularly used talc products weekly, had the family history of ovarian cancer and was diagnosed with stage II ovarian cancer by age 55 could be in line to receive a payment of $21,125 according to the plan.
Judge ordains J&J and talc opponents participate in settlement talks.
Following another round of hearings in Johnson &Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the firm and the people who opposed the plan to hold settlement talks, Bloomberg reports.
With its second bankruptcy bid for LTL management, a subsidiary founded by J&J to hold the claims–the company proposed a settlement of $8.9 billion. Mesothelioma lawsuits. While one firm representing plaintiffs agree with the deal, another group is opposed to the offer.
The previous week, the opposition group, which is known as”the Official Committee of Talc Claimants in the bankruptcy court, demanded to disqualify the petition argument that LTL can not be considered financially distressed.
“The filing is a desperate and legally ineffective attempt by a handful of law firms to try to block claimants from voting on the resolution plan – a plan that the overwhelming majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Mesothelioma lawsuits. “The law firms who filed their filing are financially oriented and have conflicts that are in conflict with, contradict and oppose the interests of their clients. We’ll soon submit a response an appeal to the appellate court.”
Mesothelioma lawsuits. Clay Thompson, a lawyer for MRHFM, which is home to more than mesothelioma victims who have sued J&J for bankruptcy, told J&J’s second bankruptcy attempt failed.
“J&J issue press releases describing how fantastic its plan is, while insisting that the details of its plan–including the treatment the individual sick individuals would be treated to,” Thompson said in an email. “What do J&J have to keep secret?”
Kaplan has commanded the parties to develop a new reorganization plan, under supervision from two mediators.
As of February 2022 Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would free the company from the hundreds of thousands of claims concerning its talcum products.
But in the month of January, a federal appeals court overturned the decision, ruling that the business could not be considered to be in “financial difficulty.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was denied the same month, J&J was granted a second petition for bankruptcy just two hours later. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow an additional bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
In the 2 Chapter 11 attempts, J&J has gotten 19 months of which cases were placed suspended. Mesothelioma lawsuits. The company wants claimants to take a vote to accept their settlement. J&J requires 75% acceptance for the deal to go through.
In addition to the group of talc lawyers who panned the company’s bankruptcy play and the U.S. Trustee, an arm belonging to the U.S. Department of Justice was also the one to file an appeal to dismiss LTL’s second bankruptcy case.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest but unfortunate debtors.” Those doors “are not open to any parties that do not have a legitimate purpose or that seek to take advantage of the bankruptcy process to hinder or delay their creditors,” Vara continued.
To its credit, J&J maintains there is no evidence conclusive that its Talc products, which includes its iconic baby powder, cause cancer. J&J has adopted the products from the market and will first launch them for North America in 2020–and the rest of the world next year.
J&J seeks to avoid the cost of going to trial. The company has won most of the cases that were decided through trial, though certain losses have been punitive.
A high-profile trial in Missouri ended in a $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 cases involving talc, which are appealing or decided. Of the 41 trials, 32 have ended in winning for J&J as well as mistrials or plaintiff verdicts that were overturned in appeal. Mesothelioma lawsuits. In addition, J&J in 2020 negotiated to settle nearly 1,000 cases worth 100 million dollars, Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Mesothelioma Lawsuits
Our lawyers are handling baby powder lawsuits in every state. The talcum powder lawsuits for Johnson & Johnson have been ongoing for years. Mesothelioma lawsuits. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient found in products such as Shower to Shower Powder along with Shower to Shower and Shower to Shower, could cause ovarian cancer among some women.
This page gives a J&J talc power litigation update and examines how the coming bankruptcy ruling affects the final settlement amounts of these cases of ovarian cancer.
Did the deadline expire for you to make a claim for talcum powder? Many people who think the deadline has passed to sue Johnson & Johnson are wrong. Call us at 800-553-882 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Mesothelioma Lawsuits
June 2 2023 Update: In the trial for asbestos-containing talc that took place in California yesterday, a couple of technical glitches interrupted the opening statement by the defense lawyers. Mesothelioma lawsuits. Jurors who were watching from their homes via Zoom however, heard Johnson & Johnson’s lawyer expressing doubts about the 70s research asserting the presence of asbestos in their product prior to the session abruptly ended.
Meanwhile, the plaintiff could introduce an initial witness Arthur Langer. Langer explained that the existence of other minerals in the talc mineral is a given. He testified that his team had notified J&J in the year 1971 about the presence of chrysotile asbestos within the company’s talc, albeit in lower than 0.1 percent. He also discovered more asbestos in the year 1976.
June 1st, 2023 Update: Mesothelioma lawsuits. This is the first court trial that has taken place since J&J has decided to separate its Talc segment and file for bankruptcy is an important turning point within the ongoing litigation story. The trial began on Tuesday in the heartbreaking case of a young, 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma in the past year, which lawyers on both sides acknowledge is a tragedy of a different kind.
Opening statements revealed the stark differences in each side’s story. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging that the company employed deceitful techniques in its research practices and throughout the litigation process. According to the attorney the company tried to manipulate the definition of asbestos, despite internal documents from 1998 and 1994 that show asbestos fibers found in tissue of the plaintiff are included.
Johnson & Johnson’s precarious $8.9 billion settlement deal hangs in the balance with the course of this trial. Despite the particularity of this mesothelioma-related case and its unique challenges compared to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could be an enormous setback for J&J’s hopes of broad acceptance of their proposed settlement among plaintiffs.
May 31, 2023 Update: Johnson and Johnson’s bankrupt talc business is defending it’s Second Chapter 11 filing in the in the face of challenges from the talc injury plaintiffs. In an appeal to the New Jersey bankruptcy court, it argued that the case was distinct from the prior filing. It highlighted the extraordinary commitment to $8.9 billion to J&J as the largest settlement ever in the history of a mass tort bankruptcy. Mesothelioma lawsuits. Not mentioned: how the amount of the settlement signifies that it’s an equitable settlement. J&J also claimed support from a variety of plaintiffs’ law companies representing over the 60,000 plaintiffs. This is not easy to confirm but is probably incorrect.
May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the first trial concerning its cosmetic talc items allegedly comprised of asbestos is set to start jury selection on Monday, California within the Alameda County Superior Court, a historically good jurisdiction for plaintiffs. The plaintiff claims that his mesothelioma is the result of asbestos exposure in J&J’s product and that the company has denied. The trial also includes six retailers accused of selling talc products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are fighting over who should be appointed to the position of future claims representative, a role that is critically important to resolving the talc claims. Mesothelioma lawsuits. Randi Ellis, a lawyer who regularly appears in MDLs throughout the country was appointed as the claims representative during the first bankruptcy. J&J’s defense group wants Ellis to be appointed to that role and again, but attorneys for the talc plaintiffs have raised objections due to the fact that Ellis has a conflict of interest that should prevent her from assuming that position once more. The dispute stems from possibility that Ellis was believed to have been involved in the creation of the hotly contested second bankruptcy, which raises doubts about her capability to remain neutral. However, the reality is that this bankruptcy will likely to be dismissed in the end.
May 17, 2023 Update: The pretend company that J&J formed to settle the talc litigation bankruptcy disclosed to the New Jersey bankruptcy court that they have allocated $400 million to pay the claims of states that accuse the company of deceptive advertising for its talc-based products. Mesothelioma lawsuits. This amounts to an $8.5 billion settlement for cancer victims. It’s difficult to envision a scenario where J&J will be able to push these baby powder settlements through in these figures. While J&J’s proposed $8.5 billion offer might seem like a huge sum initially, it does not look good when you do the math. The settlement plan based on our estimates – will not provide victims with much more than $100,000 per instance. That’s not enough.
May 15, 2023 update: J&J might be facing lawsuit from an advocacy group representing cancer patients. Mesothelioma lawsuits. The group contends that J&J intentionally canceled the $61.5 billion fund-raising agreement that it had with its company subsidiary LTL Management LLC, in order to create a false sense of financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of victims’ compensation rights. They plan to explore J&J’s actions following of the denial of the first bankruptcy case of LTL.
May 10 2023 Update: Next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy application of J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, this bankruptcy court has issued an order which requires both sides to take part in a new settlement negotiation hoping that an international settlement agreement can be been reached.
May 5th, 2023 Update: The talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer due to asbestos exposure. Mesothelioma lawsuits. Over 2700 people have sued the company and it has been spending $1 million a month for legal defense. The company’s recent $29 million verdict that was handed down in South Carolina forced it to seek bankruptcy protection, arguing for a fair distribution of assets to talc claimants, rather than being taken over from the receiver. Other talc suppliers have also filed for bankruptcy due to the litigation.
May 4, 2023 update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch negotiations with lawyers who rejected Johnson & Johnson’s $8.9 billion offer for settlement. At Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps in another bankruptcy proceeding. Judge Kaplan pushed more settlement talks.
This is the answer to settle these claims for J&J. A baby powder settlement can be achieved. Mesothelioma lawsuits. But it will require more money, more billions of dollars – of Johnson & Johnson.
Lawyers have a split opinion on whether to take the proposal or not and not every client sees the issue the same way their lawyer views it. This second case of bankruptcy is bound to fail with Judge Kaplan has set a date for a hearing in June to decide whether to close the case for the third time.
May 3, 2023 Update A group of cancer patients who have sued Johnson & Johnson (J&J) requested an order from they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation surrounding talc-based products. The group of talc claimants made a motion Tuesday, asking that the Third Circuit to consider their case and send it back an earlier court with instructions to discharge the bankruptcy. Mesothelioma lawsuits. The committee also requested that the stopped tort litigation against J&J allow the litigation to continue.
LTL filed for Chapter 11 protection once again after its bankruptcy filing was denied by the Third Circuit earlier this year which offered a $8.9 billion payment. The committee believes that the recent ruling which allowed LTL’s third Chapter 11 to continue, and also stopping trials against J&J and J&J, requires urgent Third Circuit review. The US Trustee has also requested an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation, Erik Haas, was quoted by Bloomberg saying that J&J plans to file a reply to the appeals court characterizing the filing as an “desperate and legally deficient effort” by a small number of law firms who have conflicting financial interests.
May 1st 2023 Update: One question people keep asking is how could plaintiffs and their lawyers turn down $8.9 billion. Of course, it’s quite a sum. There are a lot of victims. Mesothelioma lawsuits. These are actually a good arguments for plaintiffs. We were reminded of this recently in two talc trials which ended in large verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon was settled with an award in the amount of $18.1 million. A month later, another mesothelioma trial involving talc was held for the court at 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 most prominent manufacturers of talc in U.S.
April 30th 2023 Update: In the year 2023, when J&J first attempted to drag the talcum powder lawsuit into bankruptcy, they came with an offer to put aside $2 billion for settlements. This was an absurdly low amount. There was no one among the talc victims who believed in the offer. However, this time, J&J has increased the offer to $8.9 If the talc plaintiffs are willing to accept bankruptcy settlements and also has the support of a substantial segment of the talc plaintiffs and their lawyers. Mesothelioma lawsuits. However, 75% of plaintiffs of talc are required for bankruptcy plan approval, it a tough road due to the sheer number of lawyers with vast collections of baby powder lawsuits opposed against the proposed settlement.
What is the solution to this impasse? More billions.
April 25, 2023, Update Talc Cancer victims have asked a judge to disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, insisting that the company is not financially distressed. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Mesothelioma lawsuits. The 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not eligible for bankruptcy relief as it did not show financial trouble.
The claimants contend that LTL’s second Chapter 11 case is an fraud on the bankruptcy system and it’s being conducted in bad good faith. J&J claims the bankruptcy settlement is backed by “significant backing” from the firms that represent about 60,000 potential people who are claiming. It is fair to say that plaintiffs’ lawyers and the victims are split over what they believe is an $8.9 billion settlement offer.
April 21, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits claiming that the company offered a baby powder with a contaminant that caused cancer. Although trials for Talc lawsuits are suspended for at least 60 days, new lawsuits can be filed, and lawyers are able to begin preparing their cases. Mesothelioma lawsuits. Judges expressed doubt about J&J’s absurd attempt to revive its plan with a second bankruptcy case.
April 13th, 2023 Update: The biggest news is the $8.9 billion over 25 year period settlement offered. Lawyers representing cancer patients who are part of MDL class action MDL class action have promised to fight the settlement along with those who claim talc. Why? They feel it’s too little money for the more than 70,000 cancer victims. Mesothelioma lawsuits. These lawyers argue that J&J should negotiate a larger settlement or settle individual claims if the most recent bankruptcy is declared unconstitutional.
However, there is a second group of lawyers outside of the leadership group in group action. The lawyers collectively have accumulated tens of thousands of cases. The group is seeking to settle now in what many believe to be less than the victims deserve. Their argument appears to be two-fold. The first is that they claim the settlement – which amounts to 100 million dollars on average per plaintiff – is fair.
It’s a difficult argument to present. However, their second argument has more teeth: victims can be no longer patient and demand their money now.
April 12, 2023 Update: People are wondering if J&J can file for bankruptcy again. The answer is complicated and complex. Let’s try to clarify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to deal with both present and future talc lawsuits conclusively. That is, it believes it can pay less when there is an element of bankruptcy that puts pressure to settle. Mesothelioma lawsuits. In a quest to cover hundreds of years of American history, the firm believes that bankruptcy is beneficial to everyone by dispersing settlements more equally and efficiently than trial courts, where litigants are awarded significant award while others do not.
The basic tenet in the 3rd Circuit decision was this isn’t a case that involves one that makes a profit, but a subsidiary to take the legal risk and declare bankruptcy Congress considered when it was drafting the Bankruptcy Code. However, the court also ruled that the subsidiary was not financially crisis due to the fact that J&J assured it of unlimited funding.
Then J&J decided to go with the unlimited funding aspect of the agreement but did not pledge to fund unlimited the litigation. J&J claims that its updated financing arrangements with its subsidiary address the concerns of the appeals court while supplying funds for claim payments. It’s as if giving victims lower amounts of money would resolve the overarching problem.
Lawyers representing cancer patients who oppose the deal counter this with what you conclude is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s decision. Hyperbole was not spared the lawyers representing victims call it the largest “fraudulent move in United States history.”
In spite of the legal jargon, J&J does not really believe that this bankruptcy will last. It is however a method to push for this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10 2023 update: Bloomberg has an interesting report on a brand new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the baby powder plaintiffs in the class action. Funders for litigation 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 share of any wins. J&J is now offering to pay $8.9 billion to settle any lawsuits.
The involvement of the funders is made public due to the New Jersey court rule requiring the release of certain details regarding outside funding backers. The rules aim to respond to the increasing calls for the regulation of litigation funders. J&J has more than 60,000 claims when you add up federal and state child powder-related lawsuits. Third-party funding in mass tort claims is not without its pros and cons. However, there is no doubt that we are seeing how third-party funding could level the playing field between people and large corporations in court.
April 4, 2023 Update: It is fun to watch the worm turning in this legal battle. J&J took another hit this week when they were denied by the Third Circuit denied J&J’s request to maintain the automatic stay while J&J appeals an order granting bankruptcy in the U.S. Supreme Court. The automatic stay has stopped 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 into a bankrupt entity over a year ago. Mesothelioma lawsuits. When the 3rd Circuit ruled that this bankruptcy was not legal only a few months back, the stay was removed. J&J wanted to see it stayed in place until an appeal to 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 chance is that the Supreme Court is willing even to accept the appeal? Low.
March 16 2023 Update: With the bankruptcy stay being officially lifted, the first new cases were filed and incorporated into the Talcum Powder class action MDL within a year. Seven new talc lawsuits were added to the MDL over the last month increasing the number of pending cases up to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now requesting that the U.S. Government Accountability Office (GAO) initiate an investigation to determine how much J&J Talc products have cost the government over the years.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the risks of its talc product for long while tax dollars spent on treating people who suffered injuries from exposure to the product. This lawsuit comes a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Mesothelioma lawsuits. J&J should begin to make reasonable settlement proposals to victims, in order getting this behind it. It is a stain on one of the most prestigious businesses.
February 14 2023 Update: At a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Mesothelioma lawsuits. 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!