You May be Entitled to Significant Compensation Talc and ovarian 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 for talc would pay the sum of $400 million US state AGs. Talc And Ovarian Cancer Link .
Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of a larger $8.9 billion settlement of claims that its Baby Powder and other talc-based product causes cancer. Talc and ovarian cancer link.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company will pay various types of cancer victims as part of the bankruptcy settlement. Talc and ovarian cancer link. J&J has said that its products containing talc are safe and won’t cause cancer. It’s trying for the second time to end more than 38,000 lawsuits in bankruptcy and prevent new cases from being filed in the future.
LTL’s bankruptcy plans would deposit $400 million to a separate trust for claims made by state attorneys general alleging that J&J violated states’ unfair practices and consumer protection laws by misleading consumers about the safety of its talc products.
Several states had begun consumer protection lawsuits against J&J prior to the first bankruptcy filing prevented these investigations from progressing in 2021. Talc and ovarian cancer link. New Mexico and Mississippi had already filed actions with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas according to court papers.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog, who have argued that a successful company such as J&J can’t benefit from bankruptcy protections meant for those struggling with debt.
LTL’s first attempt at resolving the lawsuits in bankruptcy was thrown out after similar arguments. In the end, a U.S. appeals court ruled it was not LTL wasn’t in “financial trouble” and ineligible of bankruptcy protection. Talc and ovarian cancer link. LTL filed a second bankruptcy in just two hours following the dismissal, arguing the second bankruptcy was different due to the fact that it was able to borrow less and more backing for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss that LTL’s latest bankruptcy violation of state law enforcement authorities by trying to unilaterally cap the liability of the company for state consumer protection laws.
Talc And Ovarian Cancer Link
LTL’s recent filings also provided more information about the way in which the company will evaluate and settle cancer claims if the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 to those diagnosed with terminal mesothelioma before the age of 45, and $260,000 for those who have been diagnosed with terminal ovarian cancer before age 45.
The proposed settlement provides discounts based on the type and severity of cancer, the patient’s age, history of usage of talc and other variables. Talc and ovarian cancer link. For example someone who regularly used daily talc products, had an ancestral history of ovarian cancer and was diagnosed an ovarian cancer stage II at age 55 might qualify for a $21,125 payment according to the plan.
Judge ordains J&J and talc opponents discuss settlement negotiations.
After another round of hearings in Johnson & Johnson’s effort to implement a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the plan to enter into negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary set up by J&J to settle claims – the company offered a settlement of $8.9 billion. Talc and ovarian cancer link. While a firm representing plaintiffs support the proposal, another group is against the settlement.
Earlier this week, the opposition group, which is known as the Official Committee of Talc Claimants and urging the bankruptcy court for dismissal of the matter argument that LTL can not be considered financially distressed.
“The filing is a desperate and legally ineffective attempt by a small number of law firms to try to stop claimants from voting on the resolution plan, a plan that the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Talc and ovarian cancer link. “The law firms behind this filing have financial interests that conflict with, diverge from, and infringe on the rights which their clientele. We will be submitting a response to the appellate court.”
Talc and ovarian cancer link. Clay Thompson, a lawyer for MRHFM that includes more than mesothelioma patients who have sued J&J for bankruptcy, told the company’s second bankruptcy try is likely to fail.
“J&J issues press releases describing how fantastic its plans are, but is insisting that the plan’s details, including what individuals with illnesses would be treated to,” Thompson said in a statement. “What do J&J have to conceal?”
Kaplan has directed the parties to come up with another reorganization plan, under the oversight by two mediators.
As of February 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that will free J&J from the tens of thousands of claims concerning its talcum products.
In the month of January, a federal appeals court ruled against the verdict, ruling that the company could not be considered in “financial difficulty.”
In the event that J&J’s request to challenge the U.S. Supreme Court was denied in April, J&J filed for its second bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 days in order to determine whether or not to approve to file for bankruptcy again.
J&J’s unstoppable profit machine sputters after $6.9B settlement charge for talc.
With two Chapter 11 attempts, J&J has bought 19 months during which the cases were suspended. Talc and ovarian cancer link. J&J wants the claimants to take a vote to accept their settlement. J&J requires 75% approval for the deal to pass.
In addition to the group of talc lawyers who panned the bankruptcy of the company and the U.S. Trustee is an arm that is part of the U.S. Department of Justice is also submitting an appeal to dismiss LTL’s second bankruptcy case.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest but unfortunate debtors.” Those doors “are not accessible to those that don’t have a legitimate bankruptcy purpose or that 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 taken the products from the market and will first launch them in North America in 2020–and the rest of the world this year.
J&J seeks to avoid the costly business of going to trial. It has won most of the cases that were decided through trial, though some losses have been punitive.
A highly publicized trial in Missouri led to a $4.7 billion judgment against the drug manufacturer and was later lowered 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 trial cases in talc which are in appeal or settled. Out of 41 trials 32 have resulted in the favor of J&J either through a mistrial or verdict for a plaintiff that was annulled upon appeal. Talc and ovarian cancer link. The company also in 2020 moved to settle nearly 1,000 cases worth $110 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc And Ovarian Cancer Link
Our lawyers handle baby powder lawsuits in every state. The talcum powder lawsuits in the case of Johnson & Johnson have been ongoing for years. Talc and ovarian cancer link. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient in products like Baby Powder and Shower to Shower which can cause ovarian cancer in certain women.
This page provides a J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling impacts the ultimate settlement amounts in these ovarian cancer lawsuits.
Is the deadline for you to bring a talcum lawsuit? Many people who think the statute of limitations has run out to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc And Ovarian Cancer Link
June 2 2023 Update: During an asbestos talc court trial held that took place in California yesterday, a couple of technical issues halted the opening speech of defense attorneys. Talc and ovarian cancer link. The jurors, attending from their homes via Zoom however, heard Johnson & Johnson’s lawyer expressing doubt about the science of the 70s asserting the presence of asbestos in their product prior to the session abruptly ended.
In the meantime, the plaintiff was able to introduce an initial witness Arthur Langer. Langer explained that the occurrence of other minerals with talc is inevitable. He testified that his team was notified by J&J in 1971 about the presence of chrysotile asbestos within the company’s talc, albeit at less than 0.1 percent. He also uncovered more asbestos in 1976.
June 1, 2023 Update: Talc and ovarian cancer link. The first trial since J&J decided to spin off its talc division and declare bankruptcy marks an important turning point in the ongoing talc lawsuit saga. The trial began on Tuesday in the heartbreaking case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma last year. which both sides believe is a grave tragedy.
Opening statements revealed the distinct differences between each side’s narrative. The attorney for the plaintiff took aim on Johnson & Johnson, alleging the use of deceptive strategies in its research practices as well as throughout the litigation process. In the words of attorney Johnson & Johnson tried to alter the definition of asbestos despite internal documents dating back to 1978 and 1994 showing that fibers discovered in the tissue of the plaintiff are included.
Johnson &J’s tangled $8.9 billion settlement offer hangs in the balance with the development of the trial. Despite the unique nature of this mesothelioma lawsuit and its unique challenges compared to other talcum powder lawsuits ruling in favor of the plaintiff could cause a serious setback to J&J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31 2023 Update: Johnson and Johnson’s bankrupt talc business is defending the two-time Chapter 11 filing in the in the face of challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, the company argued that the situation differed fundamentally from the first filing. It also emphasized the unprecedented commitment of $8.9 billion from J&J as the largest ever settlement in any bankruptcy case that involves mass tort. Talc and ovarian cancer link. There was no mention of how the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed that it received support from various plaintiffs’ law companies representing over 600,00 claimants. This is hard to verify but likely incorrect.
May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the first trial involving its cosmetic talc products allegedly with asbestos content is scheduled to start jury selection Monday, California in Alameda County Superior Court, the most favored jurisdiction for plaintiffs. The plaintiff asserts that his mesothelioma was caused by asbestos exposure resulting from J&J’s products which J&J denies. The trial also includes six retailers accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are now battling over who should be chosen to fill the post of future claims representative. This is the role is crucially important to resolving the claims involving talc. Talc and ovarian cancer link. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation was appointed the claims representative during the first bankruptcy. J&J’s defense team would like Ellis to be named to the position and again, but attorneys for the talc plaintiffs are protesting to the claim that Ellis has an interest conflict which should stop her from taking on that role for the second time. This conflict is rooted in the issue that Ellis was reportedly involved in drafting the controversially contested second bankruptcy, which raises questions about her capacity to be neutral. However, the reality is that this bankruptcy will likely to get dismissed anyway.
May 17th, 2023 Update: The pretend company that J&J created to handle the bankruptcy of talc told a New Jersey bankruptcy court that they have set aside $400 million to pay the allegations made by states who accuse J&J of misleading marketing for its talc products. Talc and ovarian cancer link. So that makes it an $8.5 billion settlement for cancer sufferers. It is hard to imagine the scenario in which J&J can push these settlements for babies in these figures. While J&J’s proposed $8.5 billion offer seems like a huge sum at first, it does not look great when you consider the math. The proposed settlement 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 15 2023 Update J&J may be in the middle of a lawsuit from an advocacy group representing cancer victims. Talc and ovarian cancer link. The group argues that J&J intentionally withdrew an $61.5 billion funding agreement with its subsidiary, LTL Management LLC, to simulate financial stress and to validate the company’s Chapter 11 bankruptcy filing. The group argues that this act is a fraud transfer of rights of victims’ compensation. They intend to investigate J&J’s actions after the announcement of the decision to dismiss LTL’s first bankruptcy case.
May 10 2023 Update: The following week in the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to reject the second bankruptcy filing that was filed by J&J company LTL Management. In the meantime, this bankruptcy court has issued an order which requires both sides to take part in a new settlement negotiation with the hopes of achieving the global settlement can be reached.
May 5th, 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Talc and ovarian cancer link. Over 2700 people have sued the company, and it was spending $1 million a month to defend itself. The company’s recent $29 million settlement on the state of South Carolina forced it to apply for bankruptcy protection and argue for an equitable distribution of assets to talc claimants, rather than being taken over through the receiver. Other suppliers of talc have declared bankruptcy because of lawsuits.
May 4 2023, Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart talks on settlement with lawyers who rejected Johnson & Johnson’s $8.9 billion offer for settlement. In Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps in the second bankruptcy case. Judge Kaplan encouraged further settlement talks.
This is the answer to settle these claims with J&J. A settlement for baby powder can be made. Talc and ovarian cancer link. However, it will require more money – more billions of dollars – from 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 attorney does. A second bankruptcy proceeding is destined to be a failure and Judge Kaplan has set a date for a hearing in June to determine if she will dismiss the bankruptcy for the second time.
May 3, 2023 Update: A group of cancer victims who are suing Johnson & Johnson (J&J) demanded to have J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation regarding talc-related products. The group representing claimants for talc filed a motion on Tuesday, asking that the Third Circuit to consider their case and to send it back an earlier court, with instructions for dismissing the bankruptcy. Talc and ovarian cancer link. They also asked that the stoppage of tort litigation against J&J should be permitted to continue.
LTL requested Chapter 11 protection once again after its first bankruptcy filing was rejected by the Third Circuit earlier this year and offered the possibility of an $8.9 billion settlement. The committee believes that the recent ruling which allowed LTL’s third Chapter 11 to continue, in addition to halting trials against J&J, warrants the immediate Third Circuit review. The US Trustee requested it be 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 as saying that J&J plans to file a formal response in the appeals court saying that the filing is an “desperate and legally insufficient move” by a handful of law firms with different financial interests.
May 1st, 2023 Update: One common question that people ask is how could the plaintiffs’ lawyers and their clients turn off $8.9 billion. That’s of course quite a sum. But there are plenty of victims. Talc and ovarian cancer link. And these are really good case for plaintiffs. We were reminded recently in two talc trials which led to huge verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon resulted in a verdict worth $18.1 million. In the same month, a different mesothelioma-related talc case went to the court on the other side of South Carolina and resulted in a verdict of $29 million to the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. one of the top manufacturers of talc in U.S.
April 30th 2023 Update: In the year 2023, when J&J initially attempted to pull the talcum powder litigation into bankruptcy, it was met with the option of putting aside $2 billion for settlements. It was a ridiculously small amount. None of the talc plaintiffs supported it. This time, J&J has increased the offer to $8.9 If the talc plaintiffs are willing to accept bankruptcy settlements and also has the support of a large section of the talc victims and their attorneys. Talc and ovarian cancer link. But with 75% of plaintiffs in the talc category, which is necessary for bankruptcy plan approval is not an easy task with so many lawyers with huge stocks of baby powder-related lawsuits, opposed against the proposed settlement.
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 ridiculously made-up Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talc and ovarian cancer link. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January, saying the company was not eligible for bankruptcy relief since it did not show financial difficulties.
The claimants contend that the third Chapter 11 case is an fraud on the bankruptcy system, and that it’s being conducted in bad faith. J&J states that the bankruptcy settlement receives “significant backing” from firms representing around 60,000 people who are claiming. It’s fair to say plaintiffs’ lawyers and the victims are split over this $8.9 billion amount of settlement offered.
April 21, 2023 Update: A bankruptcy judge has ruled that Johnson & Johnson must face new lawsuits alleging that the company sold a baby powder that contained a chemical that causes cancer. Although trials for the talc lawsuits have been suspended for at least 60 calendar days, new lawsuits can be filed, and lawyers are able to begin preparing their cases. Talc and ovarian cancer link. Judges expressed skepticism about J&J’s attempt to revive its plan with a second bankruptcy trial.
April 13th, 2023: Update on the most important update is about the $8.9 billion over the next 25 years settlement offer. Lawyers representing cancer patients who are part of MDL class action MDL group action vowed to fight the settlement alongside talc claimants. Why? They feel it’s not enough to pay for 70 000 cancer patients. Talc and ovarian cancer link. These lawyers argue that J&J should negotiate a bigger 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 the class action. The lawyers collectively have accumulated hundreds of thousands of cases. This group wants to settle in what many believe to be less than these victims deserve. The argument they make is two-fold. First, they argue the settlement – about 100,000 dollars per plaintiff – is fair.
It’s a difficult argument to make. However, their second argument has more force: the victims can not afford to wait any longer and need the money immediately.
April 12 2023 Update: People are wondering if J&J can file for bankruptcy again. The answer is complex and complicated. However, let’s attempt to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only method to deal with both present and future lawsuits involving talc conclusively. It thinks it will pay less when there is an element of bankruptcy that puts pressure to settle. Talc and ovarian cancer link. Moving past more than 400 years in American history, the firm claims that bankruptcy benefits all parties because it distributes settlement payments more equitably and effectively than trial courts where litigants are awarded significant settlements while others get nothing.
The main thrust in the 3rd Circuit decision was this is not a case – an enterprise that is profitable, forming subsidiaries to meet the legal burden and declare bankruptcy – something Congress had in mind when it came to drafting the Bankruptcy Code. However, it also stated that the subsidiary was not financially difficulty due to the fact that J&J promised unlimited funding.
Thus, J&J took advantage of the funding unlimited part of the contract but did not pledge that it would provide unlimited funds for the litigation. The company says that its new financing agreements with its subsidiary will address appeals court’s concerns while still offering claim payment funds. As if providing victims with lesser money could solve the underlying issue.
Attorneys representing cancer patients who are against the agreement argue this with what you conclude is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s decision. Hyperbole was not spared: victims’ lawyers call it the biggest “fraudulent deal in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe this bankruptcy will be able to last. But it is a way to push for this $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 that has been passed in New Jersey that is shedding new light on litigation funding in the baby powder plaintiffs in the class action. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) regarding talc products, in exchange for a percentage of any settlements. J&J is now willing an offer of $8.9 billion to settle any lawsuits.
The involvement of the funders is publicly available due to an New Jersey court rule requiring the release of certain details regarding outside funding backers. This rule is intended to respond to the increasing calls for the regulation of lawsuit funders. J&J faces over 60,000 claims when you take into account state and federal child powder-related lawsuits. Third-party funding in mass tort claims has pros and cons. There is no doubt that we are witnessing 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’s pleasing to see the worm turning in this litigation. J&J has taken another blow this week when an appeals court in the Third Circuit denied J&J’s request to extend the automatic stay in the meantime that J&J appeals a bankruptcy decision at the U.S. Supreme Court. It has frozen the cases of talcum powder in a number of years and prevented the filing of new lawsuits ever since J&J started the controversial process to spin the talc debts into a bankrupt entity over a year earlier. Talc and ovarian cancer link. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal just a few months ago the stay was removed. J&J wanted to see it continue in the meantime of 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 take up the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay having been officially lifted, the first new cases were filed and incorporated into the Talcum Powder class action MDL within a year. Seven new talc-related lawsuits were added to the MDL in the last month increasing the number of cases in the pending process up to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now requesting that The U.S. Government Accountability Office (GAO) begin an investigation into the amount J&J products containing talc have cost the government in the many years.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the dangers of its talc products over decades while tax dollars were spent on treating people who suffered injuries from exposure to the product. This lawsuit comes a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc and ovarian cancer link. J&J has to begin making reasonable settlement proposals to victims, in order in putting this behind. It is a stain on one of the world’s greatest companies.
February 14 2023 Update: At a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc and ovarian 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!