You May be Entitled to Significant Compensation Talc and mesothelioma. 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 $400 million to US state AGs. Talc And Mesothelioma .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of a larger $8.9 billion plan to settle allegations that it’s Baby Powder and other talc-based ingredients cause cancer. Talc and mesothelioma.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company will pay various types of cancer victims as part of an arrangement for bankruptcy. Talc and mesothelioma. J&J has stated that its Talc products are safe, and won’t cause cancer. The company is trying for an additional time to conclude more than 38,000 lawsuits filed in bankruptcy and stop new cases from being filed in the near future.
LTL’s bankruptcy plan will pay $400 million into an additional trust to settle claims made with state attorneys general alleging that J&J had violated states’ unfair practices and consumer protection laws, by deceiving consumers about the quality of its talc products.
Some states had started consumer protection cases against J&J before LTL’s first bankruptcy filing prevented those investigations from taking place in 2021. Talc and mesothelioma. New Mexico and Mississippi had already brought actions for damages against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands, according to LTL’s court papers.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL in a joint move with cancer victims and the U.S. Justice Department’s watchdog on bankruptcy, who have claimed that a lucrative business like J&J is not eligible for bankruptcy protections designed for the struggling debtors.
The company’s initial attempt to resolve the bankruptcy lawsuits was rejected after the same arguments. A U.S. appellate court ruled that LTL wasn’t in “financial distress” and thus not eligible under bankruptcy law. Talc and mesothelioma. LTL filed a second bankruptcy less than two hours after the dismissal, saying that the second bankruptcy was different in that it had less money available and more backing for a settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates state law enforcement authorities by attempting unilaterally to cap the liability of the company in state consumer protection measures.
Talc And Mesothelioma
LTL’s filings for the new year also contained more details on the way in which the company will evaluate and pay cancer claims in the event that the bankruptcy plan is approved.
The maximum amount under the settlement will be $500,000 to those diagnosed with mesothelioma terminal prior to the age of 45, and $260,000 for those who have been diagnosed with advanced ovarian cancer prior to age 45.
From there, the proposed settlement will offer discounts based on the kind and severity of cancer, the individual’s age, previous the use of talc, and other aspects. Talc and mesothelioma. For instance the case of a woman who used the talc product on a regular basis, had an ovarian cancer family history, cancer, and was diagnosed with the stage 2 ovarian cancer when she was 55 could be in line to receive a payment of $21,125 under the plan.
Judge decides J&J and talc opponents to engage in settlement talks.
After another round of hearings in Johnson and Johnson’s efforts to employ a Texas Two Step bankruptcy strategy to settle talc lawsuits and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the strategy to engage in settlement talks, Bloomberg reports.
With its second bankruptcy bid 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 mesothelioma. While a firm representing plaintiffs supports the offer, another group is against the settlement.
The previous week, the opposition group, called”the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case asserting that LTL can not be considered in financial distress.
“The filing is a desperate and legally deficient attempt by a tiny number of law firms to try to block claimants from voting on the resolution plan–a plan that the overwhelming majority of claimants support,” J&J’s litigation chief Erik Haas, said in an announcement. Talc and mesothelioma. “The law firms that are behind their filing are financially oriented and have conflicts that are in conflict with, diverge from, and contravene those they represent. We’ll submit a response an appeal to the appellate court.”
Talc and mesothelioma. Clay Thompson, a lawyer for MRHFM that includes more than mesothelioma patients who have filed lawsuits against J&J, said that the company’s second bankruptcy try failed.
“J&J sends out press releases describing how fantastic its plans are, but is insisting that the plan’s details, including what individuals with illnesses would receive,” Thompson said in an announcement. “What do J&J have to conceal?”
Kaplan has instructed the sides to develop a new strategy for reorganization, under supervision by two mediators.
The court in February of 2022 Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that would free the company from the tens of thousands of claims over its talcum products.
However, in January of this year, an appeals court in the United States overturned the verdict, ruling that the company was not able to be considered in “financial trouble.”
In the event that J&J’s request to make an appeal before the U.S. Supreme Court was turned down the same month, J&J was granted a second petition for bankruptcy just two hours later. In response, Kaplan froze the lawsuits for 60 days to decide whether or not to accept another bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B the talc litigation cost.
With the 2 Chapter 11 attempts, J&J has bought 19 months during which cases were put suspended. Talc and mesothelioma. The company is requesting that claimants take a vote to accept their settlement. J&J will require 75% of the vote for the deal to go through.
Alongside the group of talc lawyers who criticised the bankruptcy of the company, the U.S. Trustee, an arm from the U.S. Department of Justice is also submitting a motion to dismiss LTL’s bankruptcy second case.
In a letter filed this week, U.S. trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest but unfortunate debtors.” The doors “are not open to parties who do not have a legitimate bankruptcy purpose or that seek to use bankruptcy to hinder or delay their creditors.” Vara continued.
On the other hand, J&J maintains there is no proof conclusive that their Talc-based products, such as its iconic baby powder, cause cancer. J&J has taken the products of the market first on North America in 2020–and the rest of the world later this year.
J&J is determined to stay clear of the cost of going to trial. It has prevailed in the majority of the cases that have been decided in court, however some losses have been punitive.
A well-known trial in Missouri resulted in a $4.7 billion verdict against the drugmaker but 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 trial cases in talc which are being appealed or resolved. Out of 41 trials 32 of them ended in winning for J&J or a mistrial, or verdict of a plaintiff overturned on appeal. Talc and mesothelioma. In addition, J&J in 2020 moved to settle over 1,000 cases worth the sum of $100 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc And Mesothelioma
Our lawyers are handling the baby powder litigation in all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been going on for a long time. Talc and mesothelioma. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient found in products such as Baby Powder or Shower to Shower, can cause ovarian cancer in certain women.
This page offers an J&J talc power litigation update and examines how the coming bankruptcy ruling will affect the final settlement amount in these cases of ovarian cancer.
Has the deadline passed for you to start a lawsuit against talcum powder? Many people who think the time limit has expired to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc And Mesothelioma
June 2 2023 Update: In the trial for asbestos-containing talc which took place in California yesterday, a few technical issues halted the opening statements made by defense lawyers. Talc and mesothelioma. Jurors who were watching from their homes via Zoom but did not hear Johnson & Johnson’s lawyer expressing doubt about the science of the 70s that claimed asbestos was present in their product before the opening was abruptly ended.
The plaintiff had the opportunity to present their first witness, Arthur Langer. Langer stated that the presence of other minerals alongside talc is inevitable. He testified that his team informed J&J in the year 1971 of the presence of asbestos chrysotile in the talc manufactured by the company, though in lower than 0.1 percent. He also discovered more asbestos in 1976.
June 1, 2023 Update: Talc and mesothelioma. A trial for the first time since J&J decided to spin off its Talc division and declare bankruptcy marks an important moment of the ongoing litigation story. The trial began on Tuesday in the harrowing trial of a young plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma in the past year, an illness that lawyers on both sides of the argument agree is a tragic loss.
Opening statements laid bare sharp differences in the two sides’ narrative. The attorney representing the plaintiff aimed his ire on Johnson & Johnson, alleging the use of misleading 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 in spite of internal documents from between 1978 and 1994 that showed asbestos fibers found in tissue of the plaintiffs are included.
Johnson & Johnson’s precarious $8.9 billion settlement deal hangs in the balance with the progress of this trial. Despite the distinct nature of this mesothelioma lawsuit and its distinctive issues in comparison to most talcum powder lawsuits A verdict in favor of the plaintiff could result in an unintended setback to Johnson & J’s hopes of broad acceptance of their proposed settlement among plaintiffs.
May 31st, 2023 Update: Johnson and Johnson’s bankrupt talc unit strongly defended its second Chapter 11 filing in the facing challenges from talc injury claimants. In an opposition filed with the New Jersey bankruptcy court, it argued that the situation was distinct from the previous filing. It highlighted the extraordinary commitment of $8.9 billion in settlement from J&J which is the biggest settlement ever to be made in the history of a mass tort bankruptcy. Talc and mesothelioma. It was not mentioned how this amount implies that it is an equitable settlement. J&J also claimed support from numerous plaintiffs’ law firms that represent over 60,000 claimants. This is hard to verify but is probably incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial on its cosmetic talc products allegedly comprised of asbestos is set to start jury selection Monday, California within the Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff asserts that his mesothelioma was triggered by asbestos exposure from J&J’s products, an allegation the company does not deny. The trial also includes six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are now disputing who should be chosen to fill the post of future claims representative. This is which is vitally critical to resolving talc claims. Talc and mesothelioma. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed the claims representative in the previous bankruptcy. J&J’s defense attorneys want Ellis to be appointed to that role in the future, however lawyers representing the talc plaintiffs are protesting because Ellis has a conflict of interest that would prevent her from taking on that role for the second time. The issue stems from the reality that Ellis was apparently involved in drafting the hotly contested second bankruptcy, which raises questions about her capability to remain neutral. The reality is this bankruptcy is likely to be tossed out anyway.
May 17, 2023 Update: The pretend company that J&J formed to handle the bankruptcy of talc told the New Jersey bankruptcy court that they have designated $400 million to pay the allegations made by states who accuse the company of deceitful advertising regarding its talc products. Talc and mesothelioma. So that makes it an $8.5 billion settlement to cancer victims. It’s difficult to envision an eventuality where J&J can push the baby powder settlements with these numbers. Although J&J’s $8.5 billion offer sounds like a lot of money initially, it may not look great when you do the math. This settlement offer based on our rough calculations would not provide victims with much more than an average settlement $100,000 per case. It’s not enough.
May 15th 2023 Update: J&J might be facing suit from an advocacy group that represents cancer victims. Talc and mesothelioma. The group argues that J&J intentionally withdrew the $61.5 billion funding agreement in conjunction with its affiliate, LTL Management LLC, in order to create a false sense of financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group claims this decision could be interpreted as a fraudulent transfer of the rights of compensation for victims. They are planning to study J&J’s actions as a result of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: The following week this week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy petition filed from J&J subsidiary LTL Management. In the meantime, it has approved an Order requiring both sides to participate in a new settlement mediation hoping that it will be possible to reach a global settlement agreement been reached.
May 5th 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. Talc and mesothelioma. Over 2,700 people have sued the company, and it was paying $1 million per month to defend its legal position. The company’s latest $29 million settlement in South Carolina forced it to file for bankruptcy protection, arguing for an equitable distribution of assets between talc claimants rather than being taken over through the receiver. Other talc suppliers have also declared bankruptcy because of legal proceedings.
May 4 2023 Update: U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen settlement discussions with lawyers who turned down the company’s proposed $8.9 billion settlement offer. At Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps in their second bankruptcy matter. Judge Kaplan has pushed for further settlement talks.
This is the way to resolve the claims of J&J. A baby powder settlement can be achieved. Talc and mesothelioma. But it’ll need additional money – perhaps billions of dollars – by Johnson & Johnson.
Lawyers are divided over whether or not to accept the plan and not all clients view the issue in the same manner their lawyer views it. Second bankruptcy cases are bound to fail, the judge Kaplan has scheduled a hearing in June to determine whether to discharge the bankruptcy for the 2nd time.
May 3 2023 Update A group of cancer patients suing Johnson & Johnson (J&J) demanded an order from they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation over talc products. The group of talc claimants filed a motion on Tuesday requesting to the Third Circuit to consider their case and to send it back to a lower court with instructions to discharge the bankruptcy. Talc and mesothelioma. They also requested that the lawsuit against the halted torts of J&J continue to proceed.
LTL applied for Chapter 11 protection once again after its bankruptcy filing was rejected in the Third Circuit earlier this year, offering the possibility of an $8.9 billion settlement. The committee believes that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, in addition to halting trials against J&J should be subject to immediate Third Circuit review. The US Trustee also asked that it be requested that 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 in the appeals court, saying that the filing is a “desperate and legally insufficient attempt” by a handful of law firms with competing financial interests.
May 1, 2023 Update: One common question that people ask is how could plaintiffs and their lawyers turn on $8.9 billion. That’s of course a lot of money. There are a lot of victims. Talc and mesothelioma. And these are really good case for plaintiffs. We have been reminded of this recently with two talc trials resulted in big verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon was settled with a verdict that was $18.1 million. In the same month, a different mesothelioma talc case was brought to trial on the other side of South Carolina and resulted in an award of $29 million in favor of plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc., one of the top producers of talc in the U.S.
April 30th 2023 Update: When J&J initially tried to take the talcum powder litigation into bankruptcy, it came with an offer to reserve $2 billion to settle the case. The sum was ridiculously low. There was no one among the talc victims who supported the offer. This time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they are willing to accept bankruptcy settlements and they also have the support of a substantial portion of the talc plaintiffs and their attorneys. Talc and mesothelioma. However, 75% of plaintiffs of talc are required for bankruptcy plan approval It’s a long and difficult process because of the number of lawyers who have large collections of baby powder-related lawsuits, opposed in favor of the deal.
What is the solution to this impasse? More billions.
April 25 2023 Update Talc cancer claimants have sought a court order to reject the Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc and mesothelioma. The 3rd Circuit dismissed its first Chapter 11 case in January, saying the company was not eligible for bankruptcy relief as it had not demonstrated financial trouble.
The claimants contend that the third Chapter 11 case is an overreach of the bankruptcy system, and that it’s being pursued in bad good faith. J&J asserts that the bankruptcy settlement is backed by “significant backing” from firms representing approximately 60,000 plaintiffs. It’s safe to say plaintiffs’ lawyers and victims ‘ lawyers are not united over their disagreement over the $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge ruled the company Johnson & Johnson must face new lawsuits claiming that the company offered a baby powder with a contaminant that caused cancer. Even though trials for Talc lawsuits are suspended for at least 60 days, new lawsuits can be filed, and lawyers are able to begin preparing their cases. Talc and mesothelioma. Judges expressed doubt about J&J’s pathetic attempt to relaunch its strategy in another bankruptcy case.
April 13th 2023 Update: big story is that there’s an $8.9 billion over the course of 25 years settlement offer. Lawyers representing cancer patients involved in MDL class action MDL Class Action have vowed to fight the settlement with talc claimants. Why? They think it is not enough money for 70,000 victims who have cancer. Talc and mesothelioma. The lawyers say that J&J should negotiate a larger settlement or litigate individuals’ claims if the current bankruptcy is declared unconstitutional.
However, there is a second lawyer group that isn’t part of the leadership group in group action. These lawyers have collectively amassed the equivalent of tens of thousands of lawsuits. They want to settle now with what they believe is less than these victims deserve. The argument they make is two-fold. The first is that they claim the settlement – which amounts to the equivalent of $100,000 per plaintiff – is fair.
This is an argument that is difficult to prove. However, their second argument has more teeth: victims can not afford to wait any longer and need the money immediately.
April 12, 2023 Update: People are looking for ways J&J could file for bankruptcy once more. The answer is complicated and complex. However, let’s attempt to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only option to address both present and future talc lawsuits conclusively. Also, it thinks it will pay less should there be a bankruptcy element that creates pressure to negotiate a settlement. Talc and mesothelioma. Going back to more than 400 years in American past, the company asserts that bankruptcy benefits all parties as it distributes settlement payments more evenly and efficiently than trial courts, where some litigants receive significant award while others do not.
The main thrust of the 3rd Circuit decision was this isn’t a case that involves a profitable company making subsidiaries to meet the legal responsibility and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. However, it also stated the company was in financial trouble because J&J offered unlimited financing.
Thus, J&J took advantage of the unlimited funding portion of the contract and didn’t make any promises to provide unlimited funding for litigation. The company claims that its modified financing arrangements with its subsidiary address appeals court’s concerns while still offering funds to pay claims. As if providing victims with lower amounts of money would resolve the problem at hand.
Attorneys representing cancer victims who oppose the agreement counter this argument by saying that it is the legal argument. Talc and mesothelioma. They counter with legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s earlier ruling. The hyperbole wasn’t spared by the victims’ lawyers, who call this the biggest “fraudulent transfer in United States history.”
Despite the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it is a way of pushing this $8.9 billion settlement, and 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 lawsuit. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) regarding talc products, in exchange in exchange for a portion of winnings. J&J has now offered that it will pay $8.9 billion to settle any lawsuits.
The funders’ involvement is public knowledge due to a New Jersey court rule requiring the release of certain details about outside funding backers. The law is designed to tackle the growing demands for regulation of the litigation funders. J&J has more than 60,000 claims when you take into account federal and state Baby Powder lawsuits. Third-party financing in mass tort cases has pros and cons. But there is no question that we are witnessing how third-party funding could level the playing field between individual and large corporations in court.
April 4, 2023 Update: It’s fun to watch the worm turning in this lawsuit. J&J took another hit this week, when an appeals court in the Third Circuit denied J&J’s request to extend the automatic stay while J&J appeals an appeal at the U.S. Supreme Court. Automatic stays have frozen hundreds of cases involving talcum powder and stopped any new lawsuits from being filed ever since J&J initiated the controversial effort to spin talc-related liabilities into a bankrupt subsidiary over a year ago. Talc and mesothelioma. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was removed. J&J wanted to see it remain in effect until its SCOTUS appeal. The answer was no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The odds that is that the Supreme Court is willing even to take up the appeal? Low.
March 16 2023 Update: with the bankruptcy stay being in effect, the first new cases have been filed and transferred into the class action for talcum powder MDL in just over a year. Seven new talc lawsuits have been joined to the MDL during the month of March and brought the total 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) start an investigation into how much J&J Talc products have cost the government in the many years.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc product for years while tax dollars were spent treating those injured by exposure to the products. This lawsuit comes a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Talc and mesothelioma. J&J must begin making fair settlement offers to victims, in order the process of putting all this behind. This is a disgrace to one of the world’s greatest businesses.
February 14 2023 Update: During the hearing held today 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 Talc and mesothelioma. 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!