You May be Entitled to Significant Compensation Talc cancer connection. 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 talc settlement would provide $440 million US state AGs. Talc Cancer Connection .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of its broader $8.9 billion settlement of allegations that its Baby Powder and other talc-based ingredients cause cancer. Talc cancer connection.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm plans to pay different kinds of cancer victims in bankruptcy settlement. Talc cancer connection. J&J has stated that its products containing talc are safe and won’t cause cancer. It is attempting for a second time to resolve more than 38,000 cases in bankruptcy, and to prevent any new cases from being filed in the near future.
LTL’s bankruptcy plan would pay $400 million to a separate trust for claims brought by state attorneys general alleging that J&J did not comply with laws against unfair business practices in the State of New York and consumer protection laws, by deceiving consumers about the dangers of its talc products.
A number of states had already initiated consumer protection cases against J&J prior to LTL’s bankruptcy filing stopped these investigations from progressing in 2021. Talc cancer connection. New Mexico and Mississippi had already launched actions against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas according to court papers.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy as well as cancer patients as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making business like J&J does not qualify for bankruptcy protections intended for those struggling with debt.
The first time LTL attempted to settle the lawsuits in bankruptcy was dismissed following similar arguments. The U.S. appellate court ruled in favor of LTL did not have “financial distress” and ineligible to receive bankruptcy relief. Talc cancer connection. LTL made a new bankruptcy application less than two hours after the dismissal, saying that the second bankruptcy was different in that it was able to borrow less and had a greater chance of securing a settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates the law enforcement powers of the state by trying to unilaterally cap the liability of the company for state consumer protection actions.
Talc Cancer Connection
The filings of LTL’s latest bankruptcy proceedings also include additional details about how the company would assess and pay for cancer claims in the event that the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 for people diagnosed with mesothelioma that is terminal before age 45 and $260,000 for those diagnosed with ovarian cancer that is terminal prior to age 45.
From there, the proposed settlement applies discounts depending on the kind and severity of cancer, an individual’s age, the history of talc use and other factors. Talc cancer connection. For instance, a woman who used the talc product on a regular basis, had an ovarian cancer family history, cancer and was diagnosed with Stage II cancer of the ovary at age 55 could be in line to receive a payment of $21,125 under the plan.
Judge ordains J&J, talc opponents to participate in settlement talks.
After another round of hearings in Johnson & Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the strategy to engage in talks to reach a settlement, Bloomberg reports.
In its second bankruptcy effort for LTL Management–a subsidiary established by J&J to manage the claims company proposed a settlement of $8.9 billion. Talc cancer connection. While a firm representing plaintiffs is in favor of the deal, another group opposes the move.
The previous week, the opposition group, dubbed”the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case saying that LTL is not a factor financially distressed.
“The filing is a desperate and legally ineffective attempt by a small number of law firms to prevent claimants from voting on the resolution plan, a plan the vast and growing majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Talc cancer connection. “The law firms that are behind this filing have financial interests that are in conflict with, diverge from, and oppose the interests that their customers. We’ll soon submit an answer to the appellate court.”
Talc cancer connection. 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 issues press releases that boast about how amazing its plan is, while insisting that the details of its plan–including the treatment individual sick people would actually be treated to,” Thompson said in an email. “What is J&J’s plan to hide?”
Kaplan has directed the parties to create a restructuring plan, with the supervision of two mediators.
The court in February of 2022 Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that will free the company from the tens of thousands of claims regarding 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 to be in “financial financial distress.”
After J&J’s appeal to the U.S. Supreme Court was rejected the same month, J&J declared bankruptcy roughly two hours later. In response, Kaplan froze the lawsuits for 60 days in order to determine whether to allow the second bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.
Through Two Chapter 11 attempts, J&J has been able to buy 19 months in which the cases were held. Talc cancer connection. The company wants claimants to decide whether they want to accept the settlement. J&J will require 75% of the vote for the settlement to be approved.
In addition to the group of talc lawyers who criticised the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee, an arm that is part of the U.S. Department of Justice was also the one to file an appeal to dismiss LTL’s second bankruptcy case.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest, but naive debtors.” The doors “are not available to anyone that do not have a legitimate reason or want to take advantage of 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-based products, such as its iconic baby powder, can cause cancer. J&J has taken its products off of the market–first to be available in North America in 2020–and the remainder of the globe later this year.
J&J wants to avoid the cost of going to court. The company has won most of the cases decided in court, however some losses have been very severe.
A well-known trial in Missouri resulted in a $4.7 billion verdict against the drugmaker, which 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 cases involving talc, which are on appeal or have been settled. In 41 trials 32 ended with an outcome for J&J or a mistrial, or plaintiff verdict that was reversed in appeal. Talc cancer connection. In addition, J&J in 2020 sought to settle over 1000 cases at a cost of 100 million dollars, Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Cancer Connection
Our lawyers handle baby powder lawsuits across all 50 states. The talcum powder lawsuits against Johnson & Johnson have been ongoing for years. Talc cancer connection. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient found in products such as Baby Powder and Shower to Shower, can cause ovarian cancer among some women.
This page gives an J&J talc power litigation update and explains how the forthcoming bankruptcy ruling affects the final settlement amount of the Ovarian Cancer lawsuits.
Did the deadline expire for you to bring a talcum lawsuit? Many people who think the statute of limitations has passed to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Cancer Connection
June 2 2023 Update: In the trial for asbestos-containing talc that took place in California yesterday, some technical issues halted the opening statements made by defense attorneys. Talc cancer connection. Jurors watching from home on Zoom, did hear Johnson & Johnson’s lawyer voice his doubt about the 70s research affirming the presence of asbestos in their product, but the trial was abruptly closed.
The plaintiff could introduce its first expert witness Arthur Langer. Langer explained that the existence of other minerals alongside talc is expected. He testified that his team advised J&J in 1971 of the presence of asbestos chrysotile in the talc of the company, but with lesser than 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update Talc cancer connection. This is the first court trial that has taken place since J&J decided to spin off its talc section and declaring bankruptcy marks an important point of the ongoing litigation drama. The trial started yesterday in the heartbreaking case of a young, 24-year-old plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma last year. which lawyers on both sides believe is a grave tragedy.
Opening statements laid bare stark differences in each side’s narrative. The attorney for the plaintiff took aim at Johnson & Johnson, alleging the use of misleading strategies in its research practices as well as throughout the litigation process. In the words of attorney, the company attempted to manipulate the definition of asbestos despite internal documents from 1998 and 1994 that show asbestos fibers found in tissue of the plaintiff are included.
Johnson &J’s tangled $8.9 billion settlement is hanging in the balance as we progress of this trial. Despite the particularity of this mesothelioma-related case and its unique challenges compared to other talcum powder lawsuits and a decision in favor of the plaintiff could be a serious setback to J&J’s hopes of broad acceptance of their settlement proposal among plaintiffs.
May 31st, 2023: Update from Johnson and Johnson’s bankrupt talc division was able to defend their two-time Chapter 11 filing in the face of challenges from injured talc claimants. In an appeal to the New Jersey bankruptcy court, it argued that the situation was fundamentally different from the earlier filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion by J&J which is the largest settlement ever in an bankruptcy case involving mass torts. Talc cancer connection. There was no mention of how the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed support from several plaintiffs’ legal firms representing more than sixty thousand claimants. This is not easy to confirm but is probably incorrect.
May 24 2023 Update: As of Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial regarding its cosmetic talc items allegedly that contain asbestos is scheduled to commence jury selection on Monday, California in Alameda County Superior Court, the most favored court for plaintiffs. The plaintiff claims his mesothelioma is the result of asbestos exposure resulting from J&J’s products, an allegation the company denies. The trial also includes six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are fighting over who should be chosen to fill the position of the future claims representative, an important role essential to the resolution of the talc claims. Talc cancer connection. Randi Ellis, a lawyer who frequently appears in MDLs throughout the United States was appointed as the claims representative in the first bankruptcy. J&J’s defense group wants Ellis to be appointed to this position and again, but attorneys for the talc plaintiffs are objecting due to the fact that Ellis has an unrelated conflict of interest which would prohibit her from being appointed to that post for the second time. The conflict stems from the fact that Ellis was believed to have been involved in the creation of the hotly litigated second bankruptcy, which raises concerns regarding her capacity to remain neutral. However, the reality is that the bankruptcy will be dismissed in the end.
May 17, 2023 Update The pretend company that J&J put together for the talc bankruptcy told the New Jersey bankruptcy court that they have allocated $400 million as a settlement for claims made by states accusing the company of deceptive advertising for its talc products. Talc cancer connection. It’s a $8.5 billion settlement to cancer victims. It’s difficult to envision a scenario where J&J can get the baby powder settlements with these numbers. While J&J’s proposed $8.5 billion offer sounds like a large sum initially, it will not look very appealing when you look at the numbers. This settlement offer based on our rough calculations – would not pay victims much more than an average settlement $100,000 per case. That is not enough.
May 15, 2023, Update J&J could be facing lawsuit brought by an advocacy group that represents cancer victims. Talc cancer connection. The group argues that J&J deliberately retracted a $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, to simulate financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group claims this decision amounts to a fraudulent transfer of the rights of compensation for victims. They are planning to study J&J’s actions after the announcement of the dismissal of LTL’s first bankruptcy case.
May 10, 2023 Update: Next week in it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy petition filed that was filed by J&J company LTL Management. However, in the meantime this bankruptcy court has issued an Order calling for both parties to participate in a new settlement negotiation to see if an international settlement agreement can be brokered.
May 5th 2023 Update: The talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer from asbestos exposure. Talc cancer connection. More than 2700 people have filed lawsuits against the firm, and it was spending $1 million a month for legal defense. The company’s recent $29 million verdict on the state of South Carolina forced it to pursue bankruptcy protection, and arguing that assets should be distributed in an equitable manner between the claimants of talc instead of being confiscated from the receiver. Other talc suppliers have also filed for bankruptcy due to lawsuits.
May 4 2023 update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to reopen negotiations with lawyers who rebuffed Johnson & Johnson’s $8.9 billion deal. At Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps for their second bankruptcy matter. Judge Kaplan encouraged further settlement talks.
This is the way to settle these claims for J&J. A baby powder settlement could be achieved. Talc cancer connection. But it’ll need more money – more billions of dollars – by Johnson & Johnson.
Lawyers are divided over whether or not to agree with the proposal and not every client views the issue the same way their lawyer does. Second bankruptcy cases are destined to fail, as Judge Kaplan has set a date for a hearing in June to decide whether to discharge the bankruptcy for the 2nd time.
May 3, 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) requested for the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation regarding talc-related products. The group of talc claimants submitted a motion on Tuesday asking that the Third Circuit to consider their case and to send it back to a lower court with instructions for dismissing the bankruptcy. Talc cancer connection. They also requested that the halted tort litigation against J&J allow the litigation to continue.
LTL requested Chapter 11 protection once again after its bankruptcy filing was rejected by the Third Circuit earlier this year and offered the possibility of an $8.9 billion deal. The committee argues that the recent ruling which allowed LTL’s third Chapter 11 to continue, as well as halting the trials against J&J, warrants the immediate Third Circuit review. The US Trustee also asked that be 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 intends to file a response to the appeals court declaring the filing a “desperate and legally insufficient move” by a few of law firms that have conflicts of financial interests.
May 1st 2023 Update: One frequently asked question is how the plaintiffs’ lawyers and their clients turn around $8.9 billion. That’s of course an immense amount of money. There are a lot of victims. Talc cancer connection. These are an excellent arguments for plaintiffs. We were reminded of this last week in two talc trials which resulted in big verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon was settled with an award that was $18.1 million. In the same month, a different talc mesothelioma case went to trials on the other side of South Carolina and resulted in an award of $29 million on behalf of the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. One of the most prominent producers of talc in the U.S.
April 30th 2023 Update: J&J initially tried to take the talcum powder lawsuit into bankruptcy, they came with the option of putting aside $2 billion for settlements. It was a ridiculously small amount. The talc plaintiffs had not were in favor of it. This time, J&J has increased the offer to $8.9 in the event that the talc victims accept a bankruptcy settlement and also has the backing of a significant portion of the talc plaintiffs as well as their lawyers. Talc cancer connection. However, 75% of talc plaintiffs, which is required to approve bankruptcy plans is a difficult road since there are so many lawyers with huge collections of baby powder lawsuits opposed in favor of the deal.
What is the solution to this impasse? More billions.
April 25 2023 Update Talc patients have sought a court order to reject their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, insisting that the company is not financially distressed. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Talc cancer connection. It was the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not a candidate to receive bankruptcy relief because it was unable to demonstrate financial trouble.
The claimants argue that the second Chapter 11 case is an overreach of the bankruptcy system and that it is being pursued in bad faith. J&J says the bankruptcy settlement has “significant backing” from firms representing around 60,000 people who are claiming. It is fair to say plaintiffs’ lawyers and victims ‘ lawyers are divided on what they believe is an $8.9 billion offer for settlement.
April 21, 2023 Update: A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that the company sold a baby powder that contained a chemical that causes cancer. Although the trials for Talc lawsuits are suspended for a minimum of 60 days, new lawsuits can be filed, and lawyers can begin preparing their cases. Talc cancer connection. Judges expressed skepticism about J&J’s attempt to revive its plan with the second bankruptcy case.
April 13th, 2023 update: the major announcement is an $8.9 billion over the course of 25 years of settlement. Lawyers representing cancer victims within the MDL class action have vowed to fight the settlement along with the talc claimants. Why? They think it is too little money for the 70 000 cancer patients. Talc cancer connection. These lawyers believe that J&J could negotiate a greater settlement or litigate individual claims if the most recent bankruptcy is declared unconstitutional.
There is a different group of lawyers that is not part of the leadership of group action. They have amassed many thousands of cases. They want to settle for what many argue is less than these victims deserve. Their argument seems to be twofold. First, they argue the settlement, which is about 100,000 dollars per plaintiff is fair.
This argument isn’t easy to make. But their second argument has more force: victims should no longer wait and want their money now.
April 12, 2023 Update: People are looking for ways J&J can file for bankruptcy again. The answer is complex and complicated. Let’s try to clarify it simply.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future talc lawsuits conclusively. It believes that it will be less expensive if there is the bankruptcy element which applies pressure to settle. Talc cancer connection. Moving past more than 400 years in American past, the company claims that bankruptcy benefits all parties because it distributes settlement payments more evenly and efficiently than trial courts, where litigants are awarded significant payouts, while others are left with nothing.
The main thrust in this 3rd Circuit decision was this is not a matter of an enterprise that is profitable, forming a subsidiary to take the legal burden and declare bankruptcy – something Congress thought of when drafting its Bankruptcy Code. However, the court also ruled that the entity was in financial distress due to the fact that J&J offered unlimited financing.
Then J&J jumped on the unlimited funding part of the deal but did not pledge that it would provide unlimited funds for lawsuits. The company says that its new financing agreements with its subsidiary will address concerns of the appellate court, while providing funds for claims. As if offering victims less money will solve the underlying issue.
Attorneys representing cancer victims who oppose the agreement counter the agreement with what 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 decision. Hyperbole was not spared: victims’ lawyers call it the biggest “fraudulent transaction of assets in United States history.”
In spite of the legal jargon, J&J does not really think that the bankruptcy will endure. But it’s a way to push for this $8.9 billion settlement to keep the pressure on plaintiffs.
April 10 2023 Update Bloomberg is running an intriguing article about a new law of New Jersey that is shedding new light on the funding of litigation in the baby powder Class action suit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) on behalf of talc products. They exchanged in exchange for a portion of wins. J&J has now offered that it will pay $8.9 billion to settle all lawsuits.
The funders’ involvement is public information due to the New Jersey court rule requiring the release of certain details regarding outside funding backers. The rule aims to tackle the growing demands for regulation of the litigation funders. J&J is facing more than 60,000 claims when you take into account state and federal Baby Powder lawsuits. Third-party financing in mass tort cases has its pros and cons. However, there is no doubt that we are seeing how third-party funding could level the playing field between individual and large corporations in court.
April 4, 2023 Update: It is pleasing to see the worm turn in this case. J&J was hit again this week when the Third Circuit denied J&J’s request to maintain the automatic stay while J&J appeals a bankruptcy decision to the U.S. Supreme Court. Automatic stays have halted hundreds of cases involving talcum powder and stopped any new lawsuits from arising ever since J&J started the controversial process to spin the talc liabilities off into a bankrupt subsidiary over a year in the past. Talc cancer connection. After it was decided that the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was revoked. J&J had hoped to have it stayed in place until its SCOTUS appeal. But, no.
April 1st, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The odds that is that the Supreme Court is willing even to hear the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay now in effect, the first new cases were filed and incorporated into the talcum powder class action MDL in just over a year. Seven new talc lawsuits were added to the MDL in the past month which brings the total number of cases in the pending process up to 37,522.
February 25 2023 Update The following information is available: A Congressmen from Tennessee has now demanded that the U.S. Government Accountability Office (GAO) begin an investigation to determine how much J&J talc products have cost the government in the decades.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc products over many years, while tax dollars were spent treating those injured by exposure to the chemicals. The lawsuit comes just a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Talc cancer connection. J&J needs to start making reasonable settlement proposals for victims in order in putting this behind it. It’s a mark on one of the greatest firms.
February 14 2023 Update: During a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc cancer connection. 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!