You May be Entitled to Significant Compensation Mesothelioma talc pleurodesis. 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 would be worth $440 million US state AGs. Mesothelioma Talc Pleurodesis .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its broad $8.9 billion deal to settle claims that its Baby Powder and other talc product causes cancer. Mesothelioma talc pleurodesis.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company intends to pay for different types of cancer victims as part of an arrangement for bankruptcy. Mesothelioma talc pleurodesis. J&J has declared that its products containing talc are safe and do not cause cancer. The company is trying for a second time to resolve more than 38,000 cases in bankruptcy and prevent new cases from coming forward in the future.
The bankruptcy plan of LTL would pay $400 million to an additional trust to settle lawsuits filed from state attorney generals alleging that J&J had violated the state’s unfair commercial practices as well as consumer protection laws by misinforming consumers regarding the quality of its talc products.
Some states had started consumer protection actions against J&J prior to the time that LTL’s bankruptcy filing stopped those investigations from progressing in 2021. Mesothelioma talc pleurodesis. New Mexico and Mississippi had already brought suit 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 demands or subpoenas, according to LTL’s court filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy along with cancer sufferers and their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who have claimed that a lucrative company like J&J is not eligible for bankruptcy protections meant for the struggling debtors.
The first attempt by LTL to resolve the bankruptcy cases was thrown out after similar arguments. In the end, a U.S. appellate court determined the LTL wasn’t in “financial financial distress” and thus not eligible of bankruptcy protection. Mesothelioma talc pleurodesis. LTL had filed for bankruptcy again less than two hours after the dismissal, saying that the second bankruptcy was different as it had less money and more backing for an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s latest bankruptcy violation of state law enforcement authorities by attempting unilaterally to cap the liability of the company in state consumer protection laws.
Mesothelioma Talc Pleurodesis
LTL’s recent filings also provided additional details about how the company plans to evaluate and settle cancer claims should the bankruptcy plan be approved.
The maximum amount under the settlement would be $500,000 to those diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for those who have been diagnosed with cancer of the ovary prior to age 45.
From there, the proposed settlement offers discounts based on the nature and severity of cancer, an individual’s age, the history of the use of talc, and other aspects. Mesothelioma talc pleurodesis. For example someone who regularly used talc products weekly, had a family history of ovarian cancer and was diagnosed with an ovarian cancer stage II by age 55 could be in line to receive a payment of $21,125 under the settlement plan.
Judge decides J&J, talc opponents to discuss settlement negotiations.
Following another hearing in Johnson &Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the move to conduct settlement talks, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary created by J&J to settle claims – the company offered a settlement of $8.9 billion. Mesothelioma talc pleurodesis. While one group of law firms representing plaintiffs support the proposal, another group opposes the deal.
In the last week, an opposition group, known as”The Official Committee of Talc Claimants and urging the bankruptcy court for dismissal of the matter argument that LTL cannot be regarded as in financial hardship.
“The filing is a desperate and legally ineffective attempt by a few of law firms to stop claimants from voting on the resolution plan – a plan that the overwhelming majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Mesothelioma talc pleurodesis. “The law firms behind these filings have interests in finance that do not align with, diverge from and infringe on the rights of their clients. We’ll soon submit an answer to the appellate court.”
Mesothelioma talc pleurodesis. Clay Thompson, a lawyer for MRHFM who boasts more than patients with mesothelioma who have filed lawsuits against J&J claimed that the second bankruptcy attempt of J&J failed.
“J&J issue press releases about how great the plan is but simultaneously demanding that plan details–including what each sick person will be treated to,” Thompson said in the statement. “What is J&J’s plan to cover up?”
Kaplan has commanded the parties to create a arrangement plan under the oversight by two mediators.
In February 2022, Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that would release the company from the thousands of lawsuits concerning its talcum products.
But in the month of January, a federal appeals court overturned the decision, deciding that the company could not be considered to be in “financial difficulty.”
After J&J’s make an appeal before the U.S. Supreme Court was denied at the end of April J&J filed for its second bankruptcy two hours after. In response to that move, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to allow the second bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B settlement charge for talc.
In the Two Chapter 11 attempts, J&J has bought 19 months during which cases were put suspended. Mesothelioma talc pleurodesis. The company wants claimants to decide whether they want to accept the settlement. J&J would need 75% acceptance in order for the agreement to be accepted.
In addition to the team of talc lawyers that criticized LTL’s bankruptcy plan in the U.S. Trustee, the U.S. Trustee which is a division of the U.S. Department of Justice was also the one to file an application to dismiss the second bankruptcy case of LTL.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest but unfortunate debtors.” These doors “are not open to parties that lack a legitimate bankruptcy purpose or that seek to abuse the bankruptcy process to hinder or delay their creditors,” Vara continued.
In its own words, J&J maintains there is no proof conclusive that their Talc products, which includes its iconic baby powder, cause cancer. J&J has adopted the products of the market, first on North America in 2020–and the rest of the world this year.
J&J is determined to stay clear of the costly business of going to trial. The company has won the majority of cases that have been resolved in court, however some losses have been punishing.
A highly-publicized trial in Missouri produced 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 talc trials that are either appealing or decided. Out of 41 trials, 32 have resulted in the favor of J&J as well as mistrials or plaintiff verdict that was dismissed in appeal. Mesothelioma talc pleurodesis. In addition, J&J in 2020 moved to settle over 1,000 cases worth $100 million, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Mesothelioma Talc Pleurodesis
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. Mesothelioma talc pleurodesis. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in products such as baby Powder along with Shower to Shower, can cause ovarian cancer in certain women.
This page gives a J&J Talc Power litigation update and examines how the coming bankruptcy ruling will impact the final settlement amounts of these Ovarian Cancer lawsuits.
Is the deadline for you to bring a talcum lawsuit? Many who believe that the time limit has expired to file a lawsuit against Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Mesothelioma Talc Pleurodesis
June 2 2023 Update: At the asbestos talc trial at the trial in California yesterday, a couple of technical issues disrupted the opening statements made by defense attorneys. Mesothelioma talc pleurodesis. Jurors at home via Zoom but did not hear Johnson & Johnson’s lawyer voice his doubts about the 70s research that claimed asbestos was present in their product before the trial was abruptly closed.
Meanwhile, the plaintiff was able to introduce their first witness, Arthur Langer. Langer said that the presence of other minerals alongside the talc mineral is a given. He said that his team advised J&J in 1971 of the presence of chrysotile asbestos within the talc produced by the company, although at lesser than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update: Mesothelioma talc pleurodesis. A trial for the first time since J&J made the decision to split its Talc division, and then declare bankrupt is an important moment for the ongoing lawsuit story. The trial began on Tuesday in the heartbreaking case of a young, 24-year-old plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma last year, a diagnosis lawyers on both sides agree is a tragedy of a different kind.
Opening statements revealed the distinct differences between each side’s narrative. The plaintiff’s attorney took aim towards Johnson & Johnson, alleging the use of misleading techniques in its research practices and 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 1978 and 1994 showing that fibers discovered in the tissue of the plaintiffs are included.
Johnson & Johnson’s uncertain $8.9 billion settlement proposal hangs in the balance with the course of this trial. Despite the particularity of the mesothelioma trial and the unique issues it faces compared to other talcum powder lawsuits, a verdict favoring the plaintiff could be an enormous setback for J&J’s hopes of broad acceptance of their proposed settlement with plaintiffs.
May 31st 2023: Update from Johnson & Johnson’s bankrupt talc division vigorously defended the two-time Chapter 11 filing in the in the face of challenges from injured talc claimants. In an appeal to the New Jersey bankruptcy court, it argued that the situation was fundamentally different from the earlier filing. It also emphasized the unprecedented commitment to $8.9 billion to J&J as the biggest settlement ever to be made in the history of a mass tort bankruptcy. Mesothelioma talc pleurodesis. There was no mention of how the size of the settlement signifies that it’s a fair settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms representing more than 600,00 claimants. This is not easy to confirm but it’s likely to be false.
May 24 2023 Update: As of Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial involving its cosmetic talc products that are believed to with asbestos content is scheduled to commence jury selection on Monday, May 24, California at Alameda County Superior Court, an historically reliable jurisdiction for plaintiffs. Plaintiff claims that mesothelioma is the result of asbestos exposure from J&J’s products which the company denies. The trial also includes six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are fighting over who should be chosen to fill the position of future claims representative. This is which is vitally important to resolving the Talc claims. Mesothelioma talc pleurodesis. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation was appointed the claims representative in the previous bankruptcy. J&J’s defense group wants Ellis to be appointed to that role again, but lawyers for the talc plaintiffs have raised objections because Ellis has a conflict of interest which should stop her from assuming that position in the future. This conflict is rooted in the reality that Ellis was believed to have been involved in the creation of the hotly litigated second bankruptcy, raising doubts about her capability to remain neutral. However, the reality is that this bankruptcy is likely to be dismissed regardless.
May 17, 2023 Update: The fake company J&J created for the talc litigation bankruptcy informed an New Jersey bankruptcy court that they have set aside $400 million to settle claims brought by states accusing J&J of misleading marketing for its talc products. Mesothelioma talc pleurodesis. It’s a $8.5 billion settlement for cancer victims. It is hard to imagine any scenario in which J&J can get these baby powder settlements through in these figures. While J&J’s proposed $8.5 billion offer may seem like a lot of money initially, it does not appear appealing when you do the math. This settlement proposal – by our rough calculations would not be able to pay victims more than $100,000 per case. This isn’t enough.
May 15th, 2023, Update J&J might be facing lawsuit from an advocacy group that represents cancer patients. Mesothelioma talc pleurodesis. The group contends that J&J intentionally withdrew an $61.5 billion financing agreement with its subsidiary, LTL Management LLC, in order to create a false sense of financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action could be interpreted as a fraudulent transfer of the right to compensation for victims. They are planning to study J&J’s actions after the announcement of the decision to dismiss the LTL’s bankruptcy case in its first instance.
May 10, 2023 Update: Next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy application from J&J subsidiaries LTL Management. In the meantime, however, the bankruptcy has issued an Order calling for both parties to take part in a new settlement negotiation in the hope that it will be possible to reach a global settlement agreement come to fruition.
May 5th, 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer from asbestos exposure. Mesothelioma talc pleurodesis. Over 2,700 individuals have sued the company, and it was spending $1 million a month on legal defense. The company’s most recent $29 million settlement in South Carolina forced it to file for bankruptcy protection, arguing for equitable distribution of assets between the claimants of talc instead of being taken from the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of the litigation.
May 4, 2023, Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen talks on settlement with lawyers who rebuffed the company’s proposed $8.9 billion agreement. It was in Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps in this second case of bankruptcy and Judge Kaplan has pushed for further settlement talks.
This is the best way to resolve these claims for J&J. A settlement for baby powder can be achieved. Mesothelioma talc pleurodesis. However, it’ll require more money – more billions of dollars – from Johnson & Johnson.
Lawyers are split on whether or not to accept the plan and not all clients see this issue the same way their lawyer views it. This second case of bankruptcy is expected to be a failure the judge Kaplan has scheduled a hearing for June to decide if he will close the case for the third time.
May 3 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) requested to have they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation over talc products. The group of talc claimants filed a motion on Tuesday, asking for the Third Circuit to consider their case and send it back an earlier court, with instructions to dismiss the bankruptcy. Mesothelioma talc pleurodesis. They also asked that the lawsuit against the halted torts of J&J be allowed to proceed.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year with the possibility of an $8.9 billion settlement. The committee says that the recent ruling allowing the second Chapter 11 to continue, as well as halting the trials against J&J should be subject to urgent Third Circuit review. The US Trustee also asked 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 intends to file a statement to the appeals court declaring the filing a “desperate and legally deficient attempt” by a few of law firms with conflicts of financial interests.
May 1st, 2023 Update: One common question that people ask is how plaintiffs and their attorneys turn on $8.9 billion. Of course, that’s a lot of money. But there are plenty of victims. Mesothelioma talc pleurodesis. They are a great cases for plaintiffs. We were reminded of this recently with two talc trials ended in large verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon was settled with a verdict of $18.1 million. A month later, another mesothelioma talc case was brought to trial in South Carolina and resulted in an award of $29 million to the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. which is one of the most prominent suppliers of talc in the U.S.
April 30th 2023 Update: When J&J initially attempted to pull the lawsuit over talcum powder into bankruptcy, it came with an offer to set aside $2 billion to settle the case. The sum was ridiculously low. The talc plaintiffs had not supported the offer. This time, J&J has increased the offer to $8.9 If the talc plaintiffs agree to a bankruptcy settlement and they also have the support of a large segment of the talc plaintiffs and their lawyers. Mesothelioma talc pleurodesis. However, 75% of plaintiffs of talc are required to approve bankruptcy plans is a difficult road with so many lawyers with vast inventory of baby powder lawsuits that are opposed to the settlement.
What could solve the impasse? More billions.
April 25 2023 update: Talc plaintiffs have sought a court order to dismiss the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, which claims that the business is not financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Mesothelioma talc pleurodesis. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company was not eligible for bankruptcy relief since it did not show financial difficulties.
The plaintiffs argue that the 2nd Chapter 11 case is an overreach of the bankruptcy system and that the case is being handled in bad faith. J&J claims the bankruptcy settlement is backed by “significant backing” from companies representing about 60,000 potential people who are claiming. It is fair to say plaintiffs’ lawyers and victims ‘ lawyers are divided on their disagreement over the $8.9 billion amount of settlement offered.
April 21, 2023 Update: A bankruptcy judge has ruled in favor of Johnson & Johnson must face new lawsuits alleging that the company offered a baby powder with a contaminant that caused cancer. Although the trials for the talc lawsuits have been suspended for at least 60 calendar days but new lawsuits can be filed and lawyers may begin to prepare their cases. Mesothelioma talc pleurodesis. Judges expressed doubt about J&J’s ridiculous effort to relaunch its strategy in another bankruptcy case.
April 13th, 2023: Update on the big story is that there’s an $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer patients involved in the MDL group action pledged to fight the settlement with talc claimants. Why? They feel it’s not enough money for 70,000 victims who have cancer. Mesothelioma talc pleurodesis. These lawyers argue that J&J should negotiate a bigger settlement or litigate individuals’ claims if the current bankruptcy is thrown out.
But there’s a separate group of lawyers outside of the leadership in this class action. The lawyers collectively have accumulated many thousands of cases. The group is seeking to settle now with what they believe is less than these victims deserve. Their argument seems to be two-fold. They argue that the settlement – about 100,000 dollars per plaintiff is fair.
That is a hard argument to present. The second argument is more substance: the victims will now not wait and they want the money immediately.
April 12 2023 Update: Many are wondering if J&J can file for bankruptcy again. The answer is complex and convoluted. However, let’s attempt to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only means to address both present and future lawsuits involving talc conclusively. In other words, it thinks it will pay less in the event of a bankruptcy component that applies pressure for a settlement. Mesothelioma talc pleurodesis. In a quest to cover hundreds of years of American history, the firm asserts that bankruptcy benefits everyone by dispersing settlements more equally and more efficiently than trial courts in which some litigants receive substantial payouts, while others are left with nothing.
The main thrust in this 3rd Circuit decision was this isn’t a case that involves one that makes a profit, but an entity to assume the legal burden and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. However, the court also ruled the company was financially crisis because J&J promised unlimited funding.
This is why J&J jumped on the unlimited funding portion of the contract and did not promise to provide unlimited funding for litigation. The company claims that its modified financing arrangements with its subsidiary addresses the concerns of the appellate court, while offering claim payment funds. It’s as if giving victims less money will solve the overall issue.
Attorneys representing cancer victims who oppose the deal counter this by arguing that the plaintiff is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s previous decision. The hyperbole wasn’t spared the lawyers representing victims call it the largest “fraudulent deal that has occurred in United States history.”
In spite of the legal jargon, J&J does not really believe this bankruptcy will be able to last. It is however a method of trying to push this $8.9 billion settlement to keep the pressure on plaintiffs.
April 10 2023 update: Bloomberg has an interesting report on a brand new law in New Jersey that is shedding new light on the funding of litigation in the suit for class actions. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) over talc products in exchange for a portion of any wins. J&J is now willing an offer of $8.9 billion to settle lawsuits.
The involvement of the funders is publicly available because of a New Jersey court rule requiring the release of certain details about funders outside the state. The law is designed to address the growing calls for the regulation of litigation funders. J&J is facing more than 60,000 claims when you take into account state and federal infant powder litigation. Third-party funding of mass tort cases has its pros and cons. But there is no question that we are witnessing how third-party funding could level the playing field between people and big corporations in court.
April 4, 2023 Update: It’s interesting to watch the worm turn in this lawsuit. J&J was hit again this week, when they were denied by the Third Circuit denied J&J’s request to keep the automatic stay in place while J&J appeals an order granting bankruptcy to the U.S. Supreme Court. This automatic stay froze hundreds of cases involving talcum powder and stopped new lawsuits from getting filed ever since J&J initiated the controversial effort to spin the talc liability off into a bankrupt entity over a year ago. Mesothelioma talc pleurodesis. When it was decided that the 3rd Circuit ruled that this bankruptcy was not legal only a few months back, the stay was removed. J&J had hoped to have it stayed in place until its SCOTUS appeal. 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 chance is that the Supreme Court is willing even to consider the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay in effect, 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 have been added to the MDL in the past month which brings the total number of cases that are pending to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now calling for be the U.S. Government Accountability Office (GAO) start an investigation to determine how much J&J Talc products have cost the government over the decades.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of ignoring the risks of its talc-based products for long while tax dollars used to treat those who were injured through exposure to the chemicals. The demand comes just weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Mesothelioma talc pleurodesis. J&J must begin making reasonable settlement proposals to victims to begin to put all of this behind it. This is a disgrace to one of the greatest businesses.
February 14 2023 Update: At an appearance today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Mesothelioma talc pleurodesis. 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!