You May be Entitled to Significant Compensation Talc and cancer link. 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 make payments of $400 million to US state AGs. Talc And Cancer Link .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of its wider $8.9 billion deal to settle claims that its Baby Powder as well as other talc product causes cancer. Talc and cancer link.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company plans to pay different kinds of cancer patients in an arrangement for bankruptcy. Talc and cancer link. J&J has said that its products containing talc are safe and don’t cause cancer. It’s trying for an additional time to conclude more than 38,000 cases in bankruptcy, and to prevent any new cases from coming forward in the future.
LTL’s bankruptcy plans would deposit $400 million into a separate trust for claims made from state attorney generals claiming that J&J violated laws against unfair business practices in the State of New York and consumer protection laws through misleading consumers about the safety of its talc products.
Many states had initiated consumer protection measures against J&J before LTL’s first bankruptcy filing stopped those investigations from moving forward in 2021. Talc and cancer link. New Mexico and Mississippi had already brought suits with Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas, according to LTL’s court documents.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL as well as cancer patients as well as their counterparts from the U.S. Justice Department’s bankruptcy watchdog, who have argued that a profitable company like J&J is not eligible for bankruptcy protections intended for people with debt problems.
The first time LTL attempted to settle the bankruptcy-related lawsuits was thrown out after similar arguments. The U.S. appeals court decided the LTL was not in “financial trouble” and thus not eligible for bankruptcy protection. Talc and cancer link. LTL declared bankruptcy a second time just over two hours after the dismissal, arguing its second attempt was different due to the fact that there was less money available and had a greater chance of securing an agreement.
New Mexico and Mississippi said in their motion to dismiss LTL’s new bankruptcy violates state law enforcement authorities by trying to unilaterally cap the liability of the company in state consumer protection actions.
Talc And Cancer Link
LTL’s recent filings also provided more details on how the company would evaluate and pay for cancer claims in the event that the bankruptcy plan is approved.
The highest payments under the settlement will be $500,000 for those diagnosed with mesothelioma terminal prior to the age of 45, and $260,000 for people diagnosed with advanced ovarian cancer before age 45.
The proposed settlement provides discounts based on the nature and severity of cancer, the patient’s age, the history of the use of talc, and other aspects. Talc and cancer link. For example someone who regularly used talc products on a weekly basis, who had an ancestral history of ovarian cancer, and was diagnosed with stage II ovarian cancer when she was 55 may be eligible for a $21,125 payment under the settlement plan.
Judge ordains J&J, talc opponents to engage in settlement talks.
Following another hearing in Johnson &Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the plan to hold settlement talks, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary set up by J&J to hold the claims–the company offered a settlement of $8.9 billion. Talc and cancer link. While a group of law firms representing plaintiffs is in favor of the settlement, a different group is opposed to the offer.
This week, the opposition group, called”The Official Committee of Talc Claimants and urging the bankruptcy court to disqualify the petition saying that LTL is not considered to be to be in financial trouble.
“The filing is a desperate and legally deficient attempt by a tiny number of law firms to stop claimants from voting on the resolution, which the vast and growing majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Talc and cancer link. “The law firms behind the filing are pursuing financial interests which are in conflict with, diverge from, and contravene those they represent. We’ll soon submit a response before the court of appeals.”
Talc and cancer link. Clay Thompson, a lawyer for MRHFM who is home to more than mesothelioma patients who have sued J&J, said that the company’s second bankruptcy try is likely to fail.
“J&J sends out press releases that boast about how amazing its plans are, but is insisting that the details of its plan–including the treatment individuals with illnesses would be treated to,” Thompson said in an email. “What do they have to conceal?”
Kaplan has instructed the sides to develop a new arrangement plan under the oversight and supervision of mediators.
The court in February of 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would relieve J&J from the hundreds of thousands of claims regarding its talcum products.
In January of this year, an appeals court in the United States overturned the ruling, ruling that the company was not able to be considered in “financial difficulty.”
In the event that J&J’s request to contest the U.S. Supreme Court was rejected at the end of April J&J filed for its second bankruptcy two hours after. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to approve the second bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B cost of litigation involving talc.
With the two Chapter 11 attempts, J&J has gotten 19 months of which cases have been in limbo. Talc and cancer link. J&J wants the claimants to accept their settlement. J&J requires 75% support in order for the agreement to be accepted.
In addition to the team of talc lawyers who criticised LTL’s bankruptcy plan as well, the U.S. Trustee which is a division of the U.S. Department of Justice is also submitting motions to dismiss LTL’s second bankruptcy.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest, but naive debtors.” These doors “are not accessible to those who do not have a legitimate bankruptcy objective or seek to use the bankruptcy process to hinder or delay their creditors,” Vara continued.
For its part, J&J maintains there is no proof conclusive that their products containing talc, such as its iconic baby powder, cause cancer. J&J has been taking the products of the market first in North America in 2020–and the rest of the world later this year.
J&J intends to steer clear of the costly business of going to trial. J&J has won the majority of cases that were decided through trial, though some losses have been harsh.
A highly publicized trial in Missouri ended in a $4.7 billion judgment against the drug manufacturer but 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 resolved. Out of 41 trials, 32 ended with a win by J&J as well as mistrials or plaintiff verdicts that were overturned upon appeal. Talc and cancer link. Additionally, the company in 2020 sought to settle over 1,000 cases worth 100 million dollars, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc And Cancer Link
Our lawyers handle baby powder lawsuits in every state. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been ongoing for many years. Talc and cancer link. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in many products, including Shower to Shower Powder or Shower to Shower and Shower to Shower, could cause ovarian cancer among some women.
This page provides a J&J Talc Power Update and provides an overview of how the upcoming bankruptcy ruling impacts the ultimate settlement amounts of these Ovarian Cancer lawsuits.
Is the deadline for you to file a talcum powder lawsuit? Many people who think the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a no-cost, quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc And Cancer Link
June 2 2023 Update: At the asbestos talc case which took place in California yesterday, technical issues halted the opening statements made by defense lawyers. Talc and cancer link. Jurors at home via Zoom, did hear Johnson and Johnson’s lawyer express skepticism about the 70s science that claimed asbestos was present in their product, but the opening was abruptly ended.
In the meantime, the plaintiff was able to introduce its first expert witness Arthur Langer. Langer explained that the occurrence of other minerals with the talc’s mineral content is inevitable. He testified that his team advised J&J in 1971 of the presence of chrysotile asbestos the talc produced by the company, although with just 0.1 percent. He also uncovered more asbestos in the year 1976.
June 1, 2023 Update: Talc and cancer link. First trial after J&J made the decision to split its Talc section and declaring bankruptcy is an important moment within the ongoing litigation drama. The trial started yesterday in the heartbreaking case of a young 24 year-old plaintiff, diagnosed with a rare and aggressive form of mesothelioma earlier this year. which both sides acknowledge is a tragedy of a different kind.
Opening statements revealed sharp differences in the two sides’ narrative. The attorney representing the plaintiff took aim against Johnson & Johnson, alleging the use of deceitful techniques in its research practices and throughout the litigation procedure. The attorney claims that, according to, the company tried to manipulate the definition of asbestos, despite internal documents dating back to the year 1978 and 1994 indicating that fibers discovered in the tissues of the plaintiff are part of.
Johnson & Johnson’s uncertain $8.9 billion settlement is hanging in the balance as we development of the trial. Despite the distinct nature of this mesothelioma lawsuit and its distinctive issues in comparison to most talcum powder lawsuits ruling in favor of the plaintiff could inflict an unintended setback to Johnson & J’s hopes of broad acceptance of their proposed settlement among plaintiffs.
May 31st 2023: Update from Johnson & Johnson’s bankrupt talc unit is defending the 2nd Chapter 11 filing in the facing challenges from victims of talc injuries. In an opposition filed with the New Jersey bankruptcy court, it argued that the case was distinct from the earlier filing. It highlighted the extraordinary commitment to $8.9 billion to J&J the largest settlement ever made in the history of a mass tort bankruptcy. Talc and cancer link. There was no mention of how the amount of the settlement means it is a fair settlement. J&J also claimed support from a variety of plaintiffs’ law firms that represent over 60,000 claimants. It is difficult to confirm but is probably incorrect.
May 24 2023 Update: In the wake of Johnson &J Johnson’s bankruptcy filing, the first trial regarding its cosmetic talc products that are believed to comprised of asbestos is set to begin jury selection on Monday in California at Alameda County Superior Court, the most favored jurisdiction for plaintiffs. Plaintiff claims that mesothelioma was caused by asbestos exposure resulting from J&J’s products which the company denies. The trial also includes six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers in the 2nd J&J talc bankruptcy are disputing who should be chosen to fill the position of future claims representative, which is vitally essential in resolving the talc claims. Talc and cancer link. Randi Ellis, a lawyer who frequently appears in MDLs throughout the United States was appointed as the claims representative in the initial bankruptcy. J&J’s defense group wants Ellis to be appointed in that position again, but lawyers for the talc plaintiffs have raised objections because Ellis has conflicts of interest which would prohibit her from holding that position once more. This conflict is rooted in the reality that Ellis was involved in drafting the hotly disputable second bankruptcy, which raises concerns about her capability to remain neutral. However, the reality is that this bankruptcy will likely to be tossed out anyway.
May 17, 2023 Update: The pretend company that J&J formed for the talc bankruptcy told the New Jersey bankruptcy court that they had allocated $400 million to pay the claims made by states accusing J&J of misleading marketing for its talc products. Talc and cancer link. That’s an $8.5 billion settlement to cancer victims. It’s difficult to imagine the scenario in which J&J can get these settlements for babies given these numbers. While J&J’s proposed $8.5 billion offer might seem like a lot initially, it will not look good after you calculate the figures. The settlement plan based on our rough calculations would not be able to pay victims more than $100,000 per case. This isn’t enough.
May 15, 2023 update: J&J may be in the middle of a lawsuit brought by an advocacy group representing cancer victims. Talc and cancer link. The group contends that J&J deliberately retracted an $61.5 billion financing agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group argues that this act is equivalent to a fraudulent 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: During the next week next 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, the bankruptcy has issued an Order requiring both sides to participate in a second settlement mediation with the hopes of achieving it will be possible to reach a global settlement agreement reached.
May 5th 2023 Update: The talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer through asbestos exposure. Talc and cancer link. Over 2,700 individuals have sued the company and the company was paying $1 million per month for legal defense. The company’s recent $29million verdict in South Carolina forced it to seek bankruptcy protection, arguing for a fair distribution of assets between talc claimants rather than being taken through the receiver. Other suppliers of talc have filed for bankruptcy due to legal proceedings.
May 4, 2023 Update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to resume negotiations with lawyers who have rejected the company’s $8.9 billion settlement offer. The court in Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps for another bankruptcy proceeding and Judge Kaplan has pushed for further settlement talks.
This is the answer to resolve these claims for J&J. A baby powder settlement could be completed. Talc and cancer link. But it will require additional money – perhaps billions of dollars – from Johnson & Johnson.
Lawyers are divided on whether or not to agree with the proposal and not every client sees this issue the same way their attorney does. This second case of bankruptcy is bound to go nowhere with Judge Kaplan has scheduled a hearing in June to decide if he will discharge the bankruptcy for the 2nd time.
May 3 2023 Update: A group representing cancer patients who have sued Johnson & Johnson (J&J) asked that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation surrounding talc-based products. The group representing the claimants filed a motion on Tuesday asking for the Third Circuit to consider their case and send it back to a lower court with instructions for dismissing the bankruptcy. Talc and cancer link. They also requested that the lawsuit against the halted torts of J&J should be permitted to proceed.
LTL has filed for Chapter 11 protection once again after its first bankruptcy filing was rejected by the Third Circuit earlier this year which offered an $8.9 billion settlement. The committee believes that the recent ruling which allowed LTL’s third Chapter 11 to continue, as well as halting the trials against J&J is a reason for the immediate Third Circuit review. The US Trustee also asked that 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 intends to file a reply to the appeals court declaring the filing a “desperate and legally deficient attempt” by a few of law firms that have conflicting financial interests.
May 1 2023 Update: A most frequently asked question is how could plaintiffs and their lawyers be able to turn down $8.9 billion. Of course, that is quite a sum. However, there are lots of victims. Talc and cancer link. These are actually a good 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 resulted in a verdict of $18.1 million. The following month, a second mesothelioma-related talc case went to trial on the other side of South Carolina and resulted in a verdict of $29million for the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. one of the most prominent suppliers of talc within the U.S.
April 30th 2023 Update: In the year 2023, when J&J first attempted to drag the talcum powder litigation into bankruptcy, it came with an offer to set aside $2 billion for settlements. It was a ridiculously small amount. The talc plaintiffs had not agreed with the offer. However, this time, J&J has increased the offer to $8.9 in the event that the talc victims will allow a bankruptcy settlement and they have the backing of a significant segment of the talc plaintiffs as well as their lawyers. Talc and cancer link. However, 75% of talc plaintiffs, which is required for bankruptcy plan approval It’s a long and difficult process because of the number of lawyers who have huge inventory of baby powder litigations opposed to the settlement.
What is the solution to this impasse? More billions.
April 25 2023 Update: Talc plaintiffs have asked a judge to reject their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Talc and cancer link. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company was not eligible for bankruptcy relief as it failed to show financial stress.
The claimants argue that the third Chapter 11 case is an misuse of the bankruptcy system and it’s being conducted in bad good faith. J&J asserts that the bankruptcy settlement has “significant support” from the firms that represent about 60,000 potential plaintiffs. It is fair to say that plaintiffs’ lawyers and victims ‘ lawyers are divided on this $8.9 billion deal.
April 21, 2023 Update: A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that it offered a baby powder with a contaminant that caused cancer. Even though trials for talc lawsuits are paused for a minimum of 60 days however, new lawsuits may be filed and lawyers can begin preparing their cases. Talc and cancer link. Judges expressed skepticism about J&J’s pathetic attempt to revive its strategy by filing another bankruptcy case.
April 13th, 2023 update: the big story is that there’s an $8.9 billion over 25 years of settlement. Lawyers representing cancer patients involved in MDL class action MDL Class Action have vowed to challenge the settlement Talc claimants. Why? They believe it’s not enough to pay for 70 000 cancer patients. Talc and cancer link. The lawyers say that J&J could negotiate a greater settlement or settle individual claims in the event that the latest bankruptcy is thrown out.
But there’s a separate lawyer group that isn’t part of the top leadership in this class action. These lawyers have collectively amassed many thousands of cases. They want to settle the case now in what many believe to be lower than what the victims should be paid. Their argument seems to be two-fold. They argue that the settlement – about an average of $100,000 per plaintiff – is fair.
This argument isn’t easy to prove. But their second argument has more teeth: victims can now not wait and they want the money immediately.
April 12 2023 Update: Some people are wondering if J&J can go through bankruptcy once more. The answer is complicated and complicated. However, let’s attempt to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future talc lawsuits conclusively. Also, it believes that it will be less expensive in the event of a bankruptcy element that creates pressure to negotiate a settlement. Talc and cancer link. Going back to hundreds of years of American time, the business claims that bankruptcy benefits all parties by distributing settlement payments more evenly and effectively than trial courts where litigants are awarded significant payouts, while others are left with nothing.
The basic tenet of this 3rd Circuit decision was this is not a case of the profit-making company that has a subsidiary to take the legal liability and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified it was not financially distress due to the fact that J&J promises unlimited funding.
Thus, J&J jumped on the unlimited funding portion of the deal but did not pledge to offer unlimited funding for litigation. The company claims that updated financing arrangements with its subsidiary will address appeals court’s concerns, while providing funds for claims. In the hope that offering victims lesser money could solve the underlying issue.
Lawyers representing cancer patients who oppose the agreement counter this by arguing that the plaintiff is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s earlier decision. Hyperbole is not exempt by the victims’ lawyers, who call it the biggest “fraudulent deal of assets in United States history.”
In spite of the legal jargon, J&J does not really think this bankruptcy will survive. But it is a way to push for this $8.9 billion settlement through and maintain the pressure on plaintiffs.
April 10 2023 Update Bloomberg provides an insightful piece on a law that has been passed that has been passed in New Jersey that is shedding new light on the funding of litigation in the class action lawsuit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) over talc products in exchange for a percentage of any profits. J&J is now offering that it will pay $8.9 billion to settle any lawsuits.
The funders’ involvement is publicly available because of a New Jersey court rule requiring the release of certain details regarding outside funding backers. The rule aims to address the rising calls for the regulation of lawsuit funders. J&J has to deal with more than 60,000 lawsuits when you add up federal and state infant powder litigation. Third-party financing in mass tort cases has pros and cons. However, there is no doubt that we are seeing how third-party funding could level the playing field between individuals as well as large corporations in court.
April 4 2023 Update: It is enjoyable to see the worm turning in this litigation. J&J was hit again this week, when an appeals court in the Third Circuit denied J&J’s request to keep the automatic stay in place in the meantime that J&J appeals an order granting bankruptcy to the U.S. Supreme Court. Automatic stays have froze the cases of talcum powder in a number of years and prevented new lawsuits from getting filed ever since J&J initiated the controversial effort to spin the talc debts into a bankrupt entity over one year in the past. Talc and cancer link. When the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was revoked. J&J wanted to see it stayed in place until its 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. There is a chance that of the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay now in effect, the first new cases have been filed and transferred into the class action involving talcum powder MDL within a year. Seven new talc-related lawsuits were included in the MDL in the past month increasing the number of cases pending to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee has now demanded that the U.S. Government Accountability Office (GAO) launch an investigation into how much J&J products containing talc have cost the government in the many years.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the dangers of its talc products over many years, while tax dollars were used to treat those who were injured through exposure to the products. The demand comes just weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Talc and cancer link. J&J needs to start making reasonable settlements to victims to getting this behind. This is a blemish on one of the most prestigious firms.
February 14 2023 Update: In a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc and cancer link. 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!