You May be Entitled to Significant Compensation Name change from talcum powder to talc. 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 pay $440 million US state AGs. Name Change From Talcum Powder To Talc .
Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of a wider $8.9 billion deal to settle allegations that its Baby Powder as well as other talc products cause cancer. Name change from talcum powder to talc.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company will pay various types of cancer patients in bankruptcy settlement. Name change from talcum powder to talc. J&J has said that its products containing talc are safe and do not cause cancer. The company is trying for another time to settle more than 38,000 lawsuits in bankruptcy, as well as prevent new lawsuits from coming forward in the future.
LTL’s bankruptcy plans would deposit $400 million to a separate trust for claims brought by state attorneys general alleging that J&J did not comply with states’ unfair practices and consumer protection laws through misleading consumers regarding the safety of its talc products.
A number of states had already initiated consumer protection measures against J&J before LTL’s first bankruptcy filing prevented these investigations from taking place in 2021. Name change from talcum powder to talc. New Mexico and Mississippi had already initiated suit in the past against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas in LTL’s court documents.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished in a joint move with cancer victims and their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a profitable business like J&J can’t benefit from bankruptcy protections meant for struggling debtors.
The first time LTL attempted to settle the bankruptcy-related lawsuits was thrown out after similar arguments. A U.S. appellate court ruled the LTL had not been in “financial financial distress” and was not eligible of bankruptcy protection. Name change from talcum powder to talc. LTL declared bankruptcy a second time just over two hours after the dismissal, saying that its second attempt was different in that there was less money available and had a greater chance of securing a settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s new bankruptcy violates state law enforcement authorities by seeking to unilaterally limit the liability of the company for state consumer protection laws.
Name Change From Talcum Powder To Talc
LTL’s new filings also included more information about how the company would evaluate and pay for cancer claims when the bankruptcy plan is approved.
The maximum amount under the settlement will be $500,000 for patients diagnosed with terminal mesothelioma before the age of 45, and $260,000 for patients diagnosed with advanced ovarian cancer prior to age 45.
The proposed settlement provides discounts based on the type and severity of cancer, an individual’s age, the history of the use of talc, and other aspects. Name change from talcum powder to talc. For instance the case of a woman who used talc products on a weekly basis, who had a family history of ovarian cancer and was diagnosed the stage 2 ovarian cancer at the age of 55 could be in line for a $21,125 payment under the settlement plan.
Judge decides J&J and talc oppositionists to participate in settlement talks.
Following another hearing in Johnson & Johnson’s attempt to employ a Texas Two Step bankruptcy strategy to settle talc lawsuits and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the plan to enter into settlement talks, Bloomberg reports.
In its second bankruptcy effort for LTL Management–a subsidiary established by J&J to hold the claims–the company offered a settlement amounting to $8.9 billion. Name change from talcum powder to talc. While a firm representing plaintiffs support the offer, another group is opposed to the offer.
This week, the opposition group, dubbed the Official Committee of Talc Claimants and urging the bankruptcy court to disqualify the petition saying that LTL is not a factor financially distressed.
“The filing is a desperate and legally deficient attempt by a handful of law firms to stop claimants from voting on the resolution plan – a plan the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Name change from talcum powder to talc. “The law firms that are behind their filing are financially oriented and have conflicts that are in conflict with, diverge from and oppose the interests they represent. We’ll submit an answer to the appellate court.”
Name change from talcum powder to talc. Clay Thompson, a lawyer for MRHFM that has more than 80 patients with mesothelioma who have filed lawsuits against J&J for bankruptcy, told J&J’s second bankruptcy effort will fail.
“J&J sends out press releases about how great its plan is while simultaneously insisting that the details of its plan–including the treatment each sick person will receive,” Thompson said in an email. “What is J&J’s plan to keep secret?”
Kaplan has instructed the sides to develop a new strategy for reorganization, under supervision by two mediators.
The court in February of 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would relieve the company from the hundreds of thousands of claims related to its talcum-based products.
But in January of this year, an appeals court in the United States overturned the verdict, ruling that the company could not be considered to be in “financial distress.”
The J&J’s plan to appeal to the U.S. Supreme Court was dismissed on April 1, J&J was granted a second petition for bankruptcy roughly two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether or not to approve an additional bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B talc litigation charge.
With the 2 Chapter 11 attempts, J&J has been able to buy 19 months in which cases were placed in limbo. Name change from talcum powder to talc. J&J wants the claimants to accept their settlement. J&J would need 75% acceptance in order for the agreement to be accepted.
In addition to the team of talc attorneys who have panned LTL’s bankruptcy plan as well, the U.S. Trustee is an arm of the U.S. Department of Justice has also filed motions to dismiss LTL’s bankruptcy second case.
In a letter filed this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest, but naive debtors.” Those doors “are not open to parties that lack a legitimate bankruptcy reason or want to use bankruptcy to hinder or delay their creditors.” Vara continued.
In its own words, J&J maintains there is no conclusive evidence that its Talc-based products, such as the famous baby powder, cause cancer. J&J has been taking the products of the market–first to be available in North America in 2020–and the rest of the world next year.
J&J wants to avoid the costly business of going to court. It has won the majority of cases that were decided through trial, though certain losses have been extremely punitive.
A high-profile trial in Missouri produced a $4.7 billion verdict against the drugmaker that was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine talc trials that are either being appealed or decided. Out of 41 trials 32 of them ended in a win by J&J either through a mistrial or verdict of a plaintiff overturned upon appeal. Name change from talcum powder to talc. Separately, the company in 2020 negotiated to settle more than 1000 cases for $110 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Name Change From Talcum Powder To Talc
Our lawyers are handling the baby powder litigation in all 50 states. The lawsuits involving talcum powder for Johnson & Johnson have been ongoing for many years. Name change from talcum powder to talc. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products such as baby Powder as well as Shower to Shower and Shower to Shower, could cause ovarian cancer in certain women.
This page offers a J&J Talc Power litigation update and provides an overview of how the upcoming bankruptcy ruling will affect the final settlement amounts in these Ovarian Cancer lawsuits.
Have you reached the deadline by which you to file a talcum powder lawsuit? Many who believe the statute of limitations has passed to file a lawsuit against Johnson & Johnson are wrong. Call us at 800-553-882 or get a no-cost, quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Name Change From Talcum Powder To Talc
June 2 2023 Update: During the trial for asbestos-containing talc that took place in California yesterday, a few technical issues interrupted the opening statements of the defense lawyers. Name change from talcum powder to talc. Jurors at home via Zoom, did hear Johnson & Johnson’s lawyer voice his doubts about the 70s research that claimed asbestos was present in their product prior to the proceedings abruptly ended.
In the meantime, the plaintiff could introduce their first witness, Arthur Langer. Langer said that the presence of other minerals alongside the talc mineral is a given. He claimed that his group advised J&J in 1971 about the presence of chrysotile asbestos in the company’s talc, albeit in just 0.1 percent. The asbestos was discovered by him in 1976.
June 1, 2023 Update: Name change from talcum powder to talc. This is the first court trial that has taken place since J&J decided to spin off its talc division, and then declare bankrupt is an important turning point of the ongoing litigation saga. 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, an illness that lawyers on both sides of the argument agree is a grave tragedy.
Opening statements laid bare huge differences between the sides’ story. The attorney representing the plaintiff aimed his ire on Johnson & Johnson, alleging the use of deceitful techniques in its research practices and throughout the litigation process. The attorney claims that, according to Johnson & Johnson tried to alter the definition of asbestos, despite internal documents from between 1978 and 1994 that showed asbestos fibers in the tissue of the plaintiff are included.
Johnson & Johnson’s precarious $8.9 billion settlement proposal hangs in the balance with the development of the trial. Despite the distinctive nature of the mesothelioma trial and its unique challenges compared to most talcum powder lawsuits, a verdict favoring the plaintiff could cause a serious setback to J&J’s hope of gaining broad acceptance for their settlement proposal among plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupt talc business was able to defend it’s Second Chapter 11 filing in the opposition of victims of talc injuries. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the case was vastly different from the first filing. It highlighted the extraordinary commitment to $8.9 billion to J&J as the biggest settlement ever to be made in the history of a mass tort bankruptcy. Name change from talcum powder to talc. There was no mention of how this amount means it is an equitable settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms that represent over sixty thousand claimants. This is not easy to confirm but is probably incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s bankruptcy in 2021 filing, the first trial regarding its cosmetic talc products that are believed to that contain asbestos is scheduled to commence jury selection on Monday, May 24, California in Alameda County Superior Court, an historically reliable jurisdiction for plaintiffs. The plaintiff claims his mesothelioma was triggered by asbestos exposure through J&J’s products, an allegation J&J is denying. The trial also involves six retailers accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J Talc bankruptcy are currently battling over who should be appointed to the role of future claims representative, which is vitally important to resolving the Talc claims. Name change from talcum powder to talc. Randi Ellis, a lawyer who regularly appears in MDLs across the country was appointed the claims representative in the initial bankruptcy. J&J’s defense group wants Ellis to be named to the position and again, but attorneys for the talc plaintiffs have raised objections on the grounds that Ellis has an interest conflict which would prohibit her from taking on that role again. This conflict is rooted in the issue that Ellis was reportedly involved in the creation of the hotly disputable second bankruptcy, which raises questions regarding her capacity to remain neutral. However, the reality is that the bankruptcy will be dismissed in the end.
May 17, 2023 Update The fake company J&J created to handle the bankruptcy of talc informed a New Jersey bankruptcy court that they have set aside $400 million to settle the claims of states that accuse the company of deceitful advertising regarding its talc products. Name change from talcum powder to talc. So that makes it an $8.5 billion settlement for cancer victims. It’s hard to imagine an eventuality where J&J could push the settlements of baby powder through with these numbers. While J&J’s $8.5 billion offer seems like a lot initially, it may not appear appealing after you calculate the figures. This settlement offer based on our rough calculations, would not pay victims much more than an average settlement $100,000 per instance. That is not enough.
May 15th 2023, Update J&J might be facing suit from an advocacy group that represents cancer victims. Name change from talcum powder to talc. The group claims that J&J intentionally withdrew an $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, to simulate financial stress and to validate the company’s Chapter 11 bankruptcy filing. The group claims that this move amounts to a fraudulent transfer of rights of compensation for victims. They intend to investigate J&J’s actions following of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: During the next week this week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy application by J&J subsidiary LTL Management. In the meantime, however, it has approved an Order requiring both sides to take part in a settlement mediation to see if an international settlement agreement can be reached.
May 5th, 2023 Update: The talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Name change from talcum powder to talc. Over 2700 people have sued the firm and the company was paying $1 million per month to defend its legal position. The company’s recent $29million settlement on the state of South Carolina forced it to pursue bankruptcy protection, and arguing that assets should be distributed in an equitable manner to talc claimants, rather than being taken in the hands of the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of legal proceedings.
May 4 2023, Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume talks with lawyers who rejected the company’s $8.9 billion agreement. In Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps to take in this second case of bankruptcy. Judge Kaplan encouraged further settlement talks.
This is the way to settle these claims for J&J. The baby powder settlement is likely to be made. Name change from talcum powder to talc. But it will require more money, more billions of dollars coming from Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not all clients view this issue the same way their lawyer views it. Second bankruptcy cases are destined to fail, as Judge Kaplan has scheduled a hearing in June to decide whether to remove the bankruptcy after the second.
May 3, 2023 Update: A group of cancer victims who are suing Johnson & Johnson (J&J) requested for they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation over talc products. The group representing the claimants has filed a motion this week requesting for the Third Circuit to consider their case and then send it back before a court of lower jurisdiction, with instructions to dismiss the bankruptcy. Name change from talcum powder to talc. They also asked that halted tort litigation against J&J should be permitted to proceed.
LTL requested Chapter 11 protection once again after its first bankruptcy filing was rejected in the Third Circuit earlier this year, offering an $8.9 billion payment. The committee argues that the recent ruling, which allows LTL’s third Chapter 11 to continue, in addition to halting trials against J&J is a reason for an immediate 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 response to the appeals court calling the request a “desperate and legally insufficient plan” by a few of law firms with competing financial interests.
May 1st, 2023 Update: One question people keep asking is how could plaintiffs and their lawyers be able to turn on $8.9 billion. That’s of course a lot of money. However, there are lots of victims. Name change from talcum powder to talc. They are a great case for plaintiffs. We were reminded of this recently in two talc trials which led to huge verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon ended in a verdict that was $18.1 million. In the same month, a different mesothelioma talc case was brought to the court within South Carolina and resulted in an award of $29 million for the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. which is one of the top manufacturers of talc in U.S.
April 30, 2023 Update: When J&J initially tried to take the lawsuit over talcum powder into bankruptcy, it came with an offer to set aside $2 billion for settlements. This was an absurdly low amount. All of the talc plaintiffs believed in the offer. However, this time, 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 segment of the talc plaintiffs as well as their lawyers. Name change from talcum powder to talc. But with 75% of plaintiffs who are a talc, which is required for bankruptcy plan approval is a difficult road because of the number of lawyers who have vast inventory of baby powder lawsuits that are opposed against the proposed settlement.
What are the solutions to the impasse? More billions.
April 25, 2023 update: Talc cancer claimants have demanded a judge dismiss their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, saying the company is not financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Name change from talcum powder to talc. The 3rd Circuit dismissed its first Chapter 11 case in January, saying the company was not eligible for bankruptcy relief since it failed to show financial stress.
The claimants assert that the 2nd Chapter 11 case is an fraud on the bankruptcy system and the case is being handled in bad good faith. J&J asserts that the bankruptcy settlement has “significant backing” from companies representing an estimated 60,000 people who are claiming. It is fair to say that plaintiffs’ lawyers and victims ‘ lawyers are not united over what they believe is an $8.9 billion deal.
April 21st, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that it offered a baby powder with a contaminant that caused cancer. Although the trials for the lawsuits involving talc are delayed for at least 60 days however, new lawsuits may be filed, and lawyers are able to begin preparing their cases. Name change from talcum powder to talc. Judges expressed skepticism about J&J’s absurd attempt to revive its strategy by filing another bankruptcy case.
April 13 2023: Update on the major news is the $8.9 billion over 25 years settlement offer. Lawyers representing cancer victims within MDL class action MDL Class Action have pledged to challenge the settlement the talc claimants. Why? They argue that it’s not enough for 70,000 victims who have cancer. Name change from talcum powder to talc. These lawyers believe that J&J should negotiate a larger settlement or pursue individual claims if the latest bankruptcy is declared unconstitutional.
But there is another set of lawyers who are not part of the top leadership in this class action. These lawyers have amassed tens of thousands of cases. This group wants to settle now in what many believe to be far less than what these victims deserve. Their argument appears to be twofold. The first is that they claim the settlement, which is about an average of $100,000 per plaintiff – is fair.
This argument isn’t easy to prove. But their second argument has more force: victims should now not wait and they want the money immediately.
April 12 2023 Update: Many are asking how J&J is able to file for bankruptcy again. The answer is complicated and convoluted. Let’s try to clarify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future talc-related lawsuits definitively. In other words, it believes that it will be less expensive if there is the bankruptcy element which applies pressure for a settlement. Name change from talcum powder to talc. Moving past more than 400 years in American time, the business believes that bankruptcy is beneficial to all parties because it distributes settlements more fairly and efficiently than trial courts, where litigants are awarded significant award while others do not.
The essence in this 3rd Circuit decision was this is not a matter of a profitable company making a subsidiary to take the legal responsibility and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified that the entity was financially distress because J&J offered unlimited financing.
This is why J&J took advantage of the unlimited funding portion of the deal and did not promise to provide unlimited funding for the litigation. The company claims that its updated financing arrangements with its subsidiary will address appeals court’s concerns while still providing funds for claims. As if providing victims with lower amounts of money would resolve the problem at hand.
Lawyers representing cancer victims who oppose the deal counter this by arguing that the plaintiff is the legal argument. Name change from talcum powder to talc. They counter with legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s decision. Hyperbole was not spared by the victims’ lawyers, who call it the most significant “fraudulent deal in United States history.”
Despite all the legal jargon, J&J does not really think this bankruptcy will survive. It is however a method to try and push the $8.9 billion settlement to keep the pressure on plaintiffs.
April 10 2023 Update: Bloomberg provides an insightful piece on a law that has been passed in New Jersey that is shedding new light on litigation funding in the baby powder Class action suit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any profits. J&J is now willing an offer of $8.9 billion to settle all lawsuits.
The involvement of the funders is publicly available due to an New Jersey court rule requiring the disclosure of certain information about funding sources outside of the. The rules aim to respond to the increasing calls for regulation of the litigation funders. J&J has to deal with more than 60,000 lawsuits when you take into account federal and state child powder-related lawsuits. Third-party funding for mass tort lawsuits has its pros and cons. But there is no question that we are witnessing how third-party funding could level the playing field between individual and big corporations in the courtroom.
April 4, 2023 Update: It’s interesting to watch the worm turning in this case. 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 during the time that J&J appeals an appeal at the U.S. Supreme Court. This automatic stay halted thousands of talcum powder cases and stopped any new lawsuits from getting filed ever since J&J initiated the controversial effort to spin the talc liabilities into a bankrupt subsidiary over one year back. Name change from talcum powder to talc. After it was decided that the 3rd Circuit ruled that this bankruptcy was not valid a few months ago, the stay was removed. J&J had hoped to have it continue in the meantime of hearing the SCOTUS appeal. But 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 odds that of the Supreme Court is willing even to take up the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay having been in effect, the first new cases were filed and incorporated into the Talcum Powder class action MDL in just over a year. Seven new talc-related lawsuits were joined to the MDL over the last month, bringing the total number of cases that are pending to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee is now calling for the U.S. Government Accountability Office (GAO) launch an investigation into the cost J&J product containing talc has cost the government over 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 years while tax dollars were used to treat those who were injured through exposure to the chemicals. This lawsuit comes a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Name change from talcum powder to talc. J&J should begin to make reasonable settlement offers to victims to the process of putting all this behind. This is a blemish on one of the world’s greatest firms.
February 14 2023 Update: During a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Name change from talcum powder to talc. 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!