You May be Entitled to Significant Compensation Talc and asbestos exposure. 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 with talc would pay $400 million to US state AGs. Talc And Asbestos Exposure .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of its larger $8.9 billion plan to settle claims that its Baby Powder and other talc-based product causes cancer. Talc and asbestos exposure.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company will pay various types of cancer victims in the bankruptcy settlement. Talc and asbestos exposure. J&J has stated that its Talc products are safe and don’t cause cancer. J&J is seeking the second time to end more than 38,000 lawsuits in bankruptcy, and to prevent any new cases from arising in the near future.
The bankruptcy plan of LTL would pay $400 million to a separate trust for claims filed with state attorneys general alleging that J&J was in violation of states’ unfair practices and consumer protection laws through misleading consumers about the security of its talc-based products.
Some states had started consumer protection measures against J&J before LTL’s first bankruptcy filing stopped these investigations from moving forward in 2021. Talc and asbestos exposure. New Mexico and Mississippi had already initiated lawsuits with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court papers.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy, joining cancer victims as well as the U.S. Justice Department’s watchdog on bankruptcy, who have claimed that a lucrative business like J&J does not qualify for bankruptcy protections meant for those struggling with debt.
The company’s initial attempt to resolve the bankruptcy lawsuits was dismissed after similar arguments. In the end, a U.S. appellate court ruled it was not LTL was not in “financial financial distress” and ineligible for bankruptcy protection. Talc and asbestos exposure. LTL made a new bankruptcy application less than two hours after the decision to dismiss, arguing that the second bankruptcy was different due to the fact that there was less money available and more support for the possibility of settling.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates the law enforcement powers of the state by seeking to unilaterally limit the liability of the company in state consumer protection actions.
Talc And Asbestos Exposure
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 largest amount of money under the settlement will be $500,000 for patients diagnosed with terminal mesothelioma before age 45. Talc and asbestos exposure. The second payment would be $260,000 for people diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement provides discounts based on the type and severity of cancer, the patient’s age, history of the use of talc, and other aspects. Talc and asbestos exposure. For example an individual who was using talc products weekly, had an ancestral history of ovarian cancer and was diagnosed stage II ovarian cancer at the age of 55 may qualify to receive a payment of $21,125 under the plan.
Judge gives order to J&J, talc opponents to discuss settlement negotiations.
After another round of hearings in Johnson & Johnson’s attempt to employ a Texas Two Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the plan to enter into talks to reach a settlement, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL management, a subsidiary founded by J&J to manage the claims company proposed a settlement of $8.9 billion. Talc and asbestos exposure. While one group of law firms representing plaintiffs agree with the deal, another group is against the settlement.
The previous week, the opposition group, dubbed the Official Committee of Talc Claimants requested the bankruptcy court to disqualify the petition by argument that LTL is not considered to be financially distressed.
“The filing is an incredibly legal and ineffective attempt by a handful of law firms to try to stop claimants from voting on the resolution, which the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc and asbestos exposure. “The law firms that are behind their filing are financially oriented and have conflicts that are in conflict with, diverge from, and are in opposition to the interests of their clients. We’ll soon submit an appeal an appeal to the appellate court.”
Talc and asbestos exposure. Clay Thompson, a lawyer for MRHFM which is home to more than mesothelioma clients who have filed lawsuits against J&J claimed that the second bankruptcy attempt of J&J is likely to fail.
“J&J issues press releases describing how fantastic the plan is but simultaneously requesting that details of the plan, such as what individuals with illnesses would receive–be kept secret,” Thompson said in an announcement. “What does the company have to keep secret?”
Kaplan has commanded the parties to develop a new arrangement plan under supervision from two mediators.
The court in February of 2022 Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that will free the company from the thousands of lawsuits concerning its talcum products.
However, in January of this year an appeals court in the United States overturned the decision, ruling that the company was not able to be considered in “financial distress.”
After J&J’s make an appeal before the U.S. Supreme Court was dismissed on April 1, J&J filed for its second bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 days to decide whether to allow another bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B talc litigation charge.
With 2 Chapter 11 attempts, J&J has gotten 19 months of which the cases were suspended. Talc and asbestos exposure. The company is requesting that claimants decide whether they want to accept the 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 as well, the U.S. Trustee is an arm of the U.S. Department of Justice has also filed motions to dismiss LTL’s second bankruptcy.
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.” The doors “are not open to parties that don’t have a legitimate bankruptcy purpose or that seek to use the bankruptcy process to delay or hinder their creditors,” Vara continued.
To its credit, J&J maintains there is no conclusive evidence that its talc products, including its iconic baby powder, cause cancer. J&J has adopted the products of the market, first for North America in 2020–and the rest of the world later this year.
J&J seeks to avoid the expense of going to trial. The company has won the majority of the cases decided through trial, though some losses have been very harsh.
A highly publicized trial in Missouri ended in a $4.7 billion verdict against the drugmaker, which 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 talc trials that are either on appeal or have been settled. Out of 41 trials, 32 have resulted in the favor of J&J as well as mistrials or plaintiff verdict that was dismissed upon appeal. Talc and asbestos exposure. The company also in 2020 negotiated to settle around 1000 cases at a cost of $110 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc And Asbestos Exposure
Our lawyers are handling baby powder lawsuits across all 50 states. The talcum powder lawsuits for Johnson & Johnson have been going on for a long time. Talc and asbestos exposure. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient in products like the Baby Powder as well as Shower to Shower as well as other products, may cause ovarian cancer among some women.
This article provides the 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 start a lawsuit against talcum powder? Many people who think the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc And Asbestos Exposure
June 2 2023 Update: During the asbestos talc trial that took place in California yesterday, a few technical issues disrupted the opening statements made by defense attorneys. Talc and asbestos exposure. Jurors watching from their homes via Zoom however, heard Johnson and Johnson’s lawyer express skepticism about the 70s science asserting the presence of asbestos in their product before the session abruptly ended.
In the meantime, the plaintiff was able to present an initial witness Arthur Langer. Langer stated that the presence of additional minerals along with talc is expected. He testified that his team was notified by J&J in 1971 of the presence of chrysotile asbestos in the talc manufactured by the company, though in lesser than 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update Talc and asbestos exposure. A trial for the first time since J&J decided to spin off its talc section and declaring bankruptcy is an important turning point of the ongoing lawsuit controversy. Trial began yesterday in the poignant trial of a young plaintiff, diagnosed with an aggressive and rare form of mesothelioma last year, a diagnosis lawyers on both sides of the argument agree is a tragic loss.
Opening statements laid bare distinct differences between each side’s narrative. The plaintiff’s attorney took aim at Johnson & Johnson, alleging that the company employed deceitful techniques in its research practices and throughout the litigation procedure. According to the attorney the company tried to manipulate asbestos’ definition, in spite of internal documents from the year 1978 and 1994 indicating that asbestos fibers that were found in the tissue of the plaintiff are included.
Johnson & Johnson’s uncertain $8.9 billion settlement offer hangs in the balance with the course of this trial. Despite the particularity of this mesothelioma lawsuit and the unique issues it faces compared to most talcum powder lawsuits and a decision in favor of the plaintiff could be a serious setback to J&J’s hope of gaining broad acceptance for their proposed settlement among plaintiffs.
May 31st, 2023 Update: Johnson and Johnson’s bankrupt talc division was able to defend its second Chapter 11 filing in the in the face of challenges from the talc injury plaintiffs. In an opposition filed with the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing was vastly different from the prior filing. It emphasized the unprecedented commitment to $8.9 billion from J&J which is the largest settlement ever made in a mass tort bankruptcy case. Talc and asbestos exposure. There was no mention of how this amount indicates that it is a fair settlement. J&J also claimed that it received support from a variety of plaintiffs’ law firms representing over 60,000 claimants. This is hard to verify however it is likely to be incorrect.
May 24, 2023 Update: Since Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial regarding its cosmetic talc products allegedly comprised of asbestos is set to begin jury selection on Monday, May 24, California within the Alameda County Superior Court, an historically reliable place for plaintiffs. The plaintiff claims his mesothelioma was triggered by asbestos exposure through J&J’s products, an allegation that the company does not deny. The trial also includes six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are disputing who should be appointed to the role of future claims representative. This is the role is crucially essential in resolving the claim for talc. Talc and asbestos exposure. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country was appointed as the claims representative in the initial bankruptcy. J&J’s defense attorneys want Ellis to be appointed to that role again, but lawyers for the talc plaintiffs have raised objections due to the fact that Ellis has conflicts of interest which would prohibit her from taking on that role again. The issue stems from the issue that Ellis was believed to have been involved in the drafting of the highly litigated second bankruptcy, which raises questions about her capability to remain neutral. In reality, the bankruptcy will get dismissed anyway.
May 17, 2023 Update: The fake company J&J put together to settle the talc litigation bankruptcy told a New Jersey bankruptcy court that they have set aside $400 million to settle claims brought by states accusing the company of misleading advertising for its talc-based products. Talc and asbestos exposure. So that makes it an $8.5 billion settlement for cancer sufferers. It’s difficult to envision the scenario in which J&J can get these settlements for babies at these numbers. While J&J’s proposed $8.5 billion offer may seem like a huge sum initially, it will not look great when you do the math. The settlement plan based on our rough calculations, would not offer victims anything more than an average settlement $100,000 per case. That’s not enough.
May 15, 2023, Update J&J is potentially facing a suit from an advocacy group representing cancer victims. Talc and asbestos exposure. The group contends that J&J intentionally withdrew an $61.5 billion financing agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial stress and validate the unit’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of right to compensation for victims. They plan to explore J&J’s actions as a result of the dismissal of LTL’s first bankruptcy suit.
May 10, 2023 Update: Next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion reject the second bankruptcy filing of J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however, LTL Management has filed an order calling for both parties to take part in a settlement mediation with the hopes of achieving an international settlement agreement can be come to fruition.
May 5th 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. Talc and asbestos exposure. Over 2,700 individuals have sued the firm and it is paying $1 million per month on legal defense. The company’s latest $29 million settlement in South Carolina forced it to pursue bankruptcy protection, and arguing that assets should be distributed in an equitable manner between talc claimants rather than being taken in the hands of the receiver. Other talc suppliers have also filed for bankruptcy due to the litigation.
May 4 2023 Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume settlement discussions with lawyers who turned down Johnson & Johnson’s $8.9 billion offer for settlement. It was in Trenton, New Jersey yesterday the parties appeared in court to discuss next steps for another bankruptcy proceeding and Judge Kaplan was pushing for more settlement discussions.
This is the way to settle these claims with J&J. The baby powder settlement is likely to be made. Talc and asbestos exposure. However, it’ll require more money, more billions of dollars – by Johnson & Johnson.
Lawyers have a split opinion on whether or not to agree with the proposal and not all clients view the situation the same way their lawyer does. Second bankruptcy cases are bound to fail, the judge Kaplan has scheduled a hearing in June to decide whether to remove the bankruptcy after the second.
May 3, 2023 Update: A group representing cancer patients suing Johnson & Johnson (J&J) requested to have J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation involving talc products. The group representing claimants for talc has filed a motion this week requesting the Third Circuit to consider their case and then send it back an earlier court, with instructions to dismiss the bankruptcy. Talc and asbestos exposure. The committee also requested that the stoppage of tort litigation against J&J continue to continue.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was denied in the Third Circuit earlier this year and offered a $8.9 billion deal. The committee says that the recent decision allowing LTL’s second Chapter 11 to continue, as well as halting the trials against J&J is a reason for urgent Third Circuit review. The US Trustee also requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a reply in the appeals court, calling the request an “desperate and legally inadequate effort” by a handful of law firms that have conflicts of financial interests.
May 1st 2023 Update: One frequently asked question is how could the plaintiffs’ lawyers and their clients turn on $8.9 billion. That’s of course an immense amount of money. But there are plenty of victims. Talc and asbestos exposure. They are a great case for plaintiffs. We were reminded of this recently when two talc cases resulted in big verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon resulted in a verdict worth $18.1 million. The following month, a second talc mesothelioma case went to trial within South Carolina and resulted in a verdict of $29 million for the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. one of the largest producers of talc in the U.S.
April 30, 2023 Update: When J&J first attempted to drag the talcum powder litigation into bankruptcy, they came with an offer to put aside $2 billion to settle the case. The sum was ridiculously low. The talc plaintiffs had not believed in the proposal. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs accept a bankruptcy settlement and also has the support of a large section of the talc victims as well as their lawyers. Talc and asbestos exposure. But 75% of the plaintiffs in the talc category, which is necessary for bankruptcy plan approval It’s a long and difficult process with so many lawyers with large inventories of baby powder litigations opposed in favor of the deal.
What can be done to end the impasse? More billions.
April 25, 2023, Update Talc Cancer victims have requested a judge to dismiss the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talc and asbestos exposure. It was the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible for bankruptcy relief as it failed to show financial trouble.
The claimants assert that LTL’s Second Chapter 11 case is an abuse of the bankruptcy system and that the case is being handled in bad good faith. J&J states that the bankruptcy settlement has “significant support” from companies representing an estimated 60,000 people who are claiming. It’s fair to say plaintiffs’ lawyers and victims ‘ lawyers are divided on this $8.9 billion offer for settlement.
April 21, 2023 Update: A bankruptcy judge decided in favor of Johnson & Johnson must face new lawsuits alleging that the company sold baby powder that was contaminated and causing cancer. While trials in talc lawsuits are paused for a minimum of 60 days and new lawsuits are able to be filed, and lawyers will begin preparing their cases. Talc and asbestos exposure. The judge expressed his doubts about J&J’s absurd attempt to revive its strategy by filing a second bankruptcy trial.
April 13th 2023: Update on the biggest update is about the $8.9 billion over the course of 25 years of settlement. Lawyers representing cancer victims in MDL class action MDL Class Action have pledged to fight the settlement alongside those who claim talc. Why? They feel it’s not enough for 70 000 cancer patients. Talc and asbestos exposure. These lawyers argue that J&J should seek a bigger settlement or settle individual claims if the latest bankruptcy is dismissed.
But there is another group of lawyers that is not part of the leadership of the class action. These lawyers have amassed tens of thousands of cases. The group is seeking to settle now with what they believe is less than the victims deserve. Their argument is twofold. They argue that the settlement of around 100 million dollars on average per plaintiff – is fair.
This is an argument that is difficult to make. However, their second argument has more force: victims should not afford to wait any longer and need to get their money right now.
April 12 2023 Update: Some people are looking for ways J&J could file for bankruptcy once more. The answer is complicated and confusing. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to address both present and future lawsuits involving talc conclusively. It thinks it can get a lower rate should there be an element of bankruptcy that puts pressure to negotiate a settlement. Talc and asbestos exposure. Going back to more than 400 years in American past, the company believes that bankruptcy is beneficial to all parties because it distributes settlement payments more evenly and effectively than trial courts, where litigants are awarded significant awards while others receive nothing.
The gist in this 3rd Circuit decision was this isn’t a case that involves an enterprise that is profitable, forming subsidiaries to meet the legal burden and declare bankruptcy, which is what Congress contemplated when drafting the Bankruptcy Code. However, it also stated that the entity was financially trouble due to the fact that J&J assured it of unlimited funding.
Thus, J&J decided to go with the funding unlimited part of the contract but did not pledge to offer unlimited funding for lawsuits. The company claims that new financing agreements with its subsidiary will address appeals court’s concerns, while offering funds to pay claims. It’s as if giving victims lower amounts of money would resolve the overarching problem.
Attorneys representing cancer victims who oppose the agreement counter this argument by saying that it 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 ruling. Hyperbole is not exempt the lawyers representing victims call this the biggest “fraudulent transaction in United States history.”
Despite the legal jargon, J&J does not really think this bankruptcy will survive. However, it’s a means of pushing this $8.9 billion settlement and keep the pressure on plaintiffs.
April 10, 2023 update: Bloomberg offers an informative article on a new law that has been passed in New Jersey that is shedding new light on litigation funding in the suit for class actions. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits 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 offering that it will pay $8.9 billion to settle lawsuits.
The involvement of the funders is public information because of an New Jersey court rule requiring the release of certain details regarding outside funding backers. The law is designed to tackle the growing demands for the regulation of lawsuit funders. J&J has to deal with more than 60,000 lawsuits when you combine state and federal Baby Powder lawsuits. Third-party funding for mass tort lawsuits has pros and cons. However, there is no doubt that we are seeing the ways that third-party funding can even the playing field between individuals as well as large corporations in the courtroom.
April 4, 2023 Update: It is pleasing to see the worm turning in this lawsuit. J&J was hit again this week when an appeals court in the Third Circuit denied J&J’s request to continue the automatic stay as J&J appeals a bankruptcy decision in the U.S. Supreme Court. Automatic stays have stopped thousands of talcum cases and prevented new lawsuits from arising ever since J&J began the controversial plan to spin the talc liability off into a bankrupt company over one year in the past. Talc and asbestos exposure. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal a few months ago, the stay was revoked. J&J had hoped to have it stayed in place until the 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 the Supreme Court is willing even to accept the appeal? Low.
March 16 2023 Update: with the bankruptcy stay officially lifted, the first new cases have been filed and transferred into the class action involving talcum powder MDL in just over a year. Seven new talc-related lawsuits were brought into the MDL over the last month, bringing the total number of pending cases up to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now calling for authorities from the U.S. Government Accountability Office (GAO) launch an investigation into the cost J&J product containing talc has cost the government in the decades.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of not recognizing the risks of its talc product for decades while tax dollars were spent on treating people who suffered injuries from exposure to the product. This lawsuit comes a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talc and asbestos exposure. J&J needs to start making fair settlement offers to victims to begin the process of putting all this behind. This is a disgrace to one of the top businesses.
February 14 , 2023 Update: At an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc and asbestos exposure. 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!