Talc Cancer Link – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Talc 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 talc settlement will be worth 400 million dollars to US state AGs. Talc Cancer Link .

Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of its broader $8.9 billion effort to settle allegations that it’s Baby Powder and other talc-based items cause cancer. Talc cancer link.

J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm plans to pay different kinds of cancer sufferers in bankruptcy settlement. Talc cancer link. J&J has declared that its Talc products are safe and will not cause cancer. It’s trying for another time to settle more than 38,000 lawsuits in bankruptcy, as well as prevent new lawsuits from coming forward in the future.
LTL’s bankruptcy plan will pay $400 million into a separate trust for claims filed by state attorneys general alleging that J&J was in violation of laws against unfair business practices in the State of New York as well as consumer protection laws through misleading consumers regarding the dangers of its talc products.

Many states had initiated consumer protection actions against J&J prior to LTL’s bankruptcy filing prevented these investigations from taking place in 2021. Talc cancer link. New Mexico and Mississippi had already filed lawsuits in the past against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands according to court papers.

 

 

New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished, joining cancer victims and the U.S. Justice Department’s bankruptcy watchdog. have argued that a profitable business like J&J is not eligible for bankruptcy protections meant for the struggling debtors.
The first attempt by LTL to resolve the lawsuits in bankruptcy was dismissed following similar arguments. In the end, a U.S. appeals court ruled the LTL wasn’t in “financial financial distress” and therefore not eligible of bankruptcy protection. Talc cancer link. LTL declared bankruptcy a second time in just two hours following that dismissal, arguing that its second attempt was different in that it was able to borrow less and had a greater chance of securing the possibility of settling.

New Mexico and Mississippi said in their motion to dismiss that LTL’s latest bankruptcy violation of the state’s law enforcement authority by attempting unilaterally to cap the liability of the company in state consumer protection measures.

 

Talc Cancer Link

The filings of LTL’s latest bankruptcy proceedings also include more information about the way in which the company will evaluate and settle cancer claims should the bankruptcy plan be approved.

The highest payments under the settlement would be $500,000 to those diagnosed with mesothelioma that is terminal before age 45. Talc cancer link. The second payment would be $260,000 for patients diagnosed with advanced ovarian cancer before age 45.

From there, the proposed settlement will offer discounts based on the kind and severity of cancer, the patient’s age, the history of the use of talc, and other aspects. Talc cancer link. For instance, a woman who used talc products weekly, had an ovarian cancer family history, cancer, and was diagnosed with stage II ovarian cancer by age 55 may qualify for a $21,125 payment under the plan.

Judge decides J&J and talc opponents to engage in settlement talks.

Following another hearing in Johnson &Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy to resolve talc litigation 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 proposed a settlement of $8.9 billion. Talc cancer link. While one group of law firms representing plaintiffs is in favor of the proposal, another group is opposed to the offer.

In the last week, an opposition group, dubbed the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss this case saying that LTL is not a factor in financial hardship.

“The filing is a desperate and legally ineffective attempt by a small number of law firms to try to stop claimants from deciding on the resolution plan, a plan that the overwhelming majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Talc cancer link. “The law firms that are behind these filings have interests in finance that clash with, diverge from, and infringe on the rights that their customers. We’ll submit an answer in the appeals court.”

Talc cancer link. Clay Thompson, a lawyer for MRHFM which includes more than mesothelioma clients who have filed lawsuits against J&J for bankruptcy, told J&J’s second bankruptcy attempt is likely to fail.

“J&J sends out press releases describing how fantastic the plan is but simultaneously insisting that the details of its plan–including the treatment individual sick people would actually receive — be kept private,” Thompson said in the statement. “What is J&J’s plan to cover up?”

 

 

Kaplan has commanded the parties to come up with another restructuring plan, with supervision of two mediators.

In February 2022, Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that would release J&J from the tens of thousands of claims regarding its talcum products.

But in January of this year, an appeals court in the United States overturned the verdict, ruling that the business could not be considered in “financial difficulty.”

When J&J’s attempt to make an appeal before the U.S. Supreme Court was rejected on April 1, J&J applied for its first bankruptcy about two hours after. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to accept another bankruptcy.

J&J’s unstoppable profit engine sputters after $6.9B the talc litigation cost.

With 2 Chapter 11 attempts, J&J has bought 19 months during which cases were put on hold. Talc cancer link. The company wants claimants to take a vote to accept their settlement. J&J needs 75% acceptance in order for the agreement to be accepted.

In addition to the team of talc lawyers who criticised the bankruptcy of the company as well, the U.S. Trustee, an arm from the U.S. Department of Justice is also submitting an appeal to dismiss LTL’s bankruptcy second case.

In a statement this week, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest, but naive debtors.” These doors “are not available to anyone who do not have a legitimate bankruptcy goal or who seek to use the bankruptcy process to delay or hinder their creditors,” Vara continued.

To its credit, J&J maintains there is no proof conclusive that their products containing talc, such as its famous baby powder, can cause cancer. J&J has taken its products off of the market, first on North America in 2020–and the rest of the world later this year.

J&J seeks to avoid the costly business of going to court. It has prevailed in the majority of cases that have been resolved at trial, but certain losses have been extremely harsh.
A highly publicized trial in Missouri resulted in an $4.7 billion verdict against the drug company, 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 trial involving talc that are appealing or resolved. 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 on appeal. Talc cancer link. The company also in 2020 sought to settle around 1000 cases at a cost of $110 million. Bloomberg announced at that time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Cancer Link

Our lawyers are handling baby powder lawsuits in every state. The talcum powder lawsuits in the case of Johnson & Johnson have been going on for a long time. Talc cancer link. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient found in products such as the Baby Powder along with Shower to Shower, can cause cancer of the ovary in certain women.

This page provides the J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling will affect the final settlement amount in the ovarian cancer lawsuits.

Is the deadline for you to bring a talcum lawsuit? Many people who think the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Call us at 800-553-882 or get a no-cost, quick review of your case online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Cancer Link

June 2 2023 Update: In an asbestos talc court trial held which took place in California yesterday, some technical issues interrupted the opening statement by the defense lawyers. Talc cancer link. The jurors, attending at home via Zoom but did not hear Johnson and Johnson’s lawyer express doubt about the science of the 70s claiming asbestos was present in their product before the session abruptly ended.

In the meantime, the plaintiff had the opportunity to present an initial witness Arthur Langer. Langer explained that the occurrence of other minerals alongside the talc’s mineral content is inevitable. He also testified that his team informed J&J in the year 1971 about the presence of asbestos chrysotile in the talc produced by the company, although in just 0.1 percent. He also found more asbestos in 1976.

June 1st, 2023 Update Talc cancer link. This is the first court trial that has taken place since J&J decided to spin off its talc division, and then declare bankrupt marks an important moment for the ongoing litigation story. Trial began yesterday in the heartbreaking case of a young 24 year-old plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma last year, which both sides believe is a tragedy of a different kind.

The opening statements exposed the sharp differences in the two sides’ story. The attorney for the plaintiff took aim on Johnson & Johnson, alleging that the company employed deceitful techniques in its research practices and throughout the litigation process. The attorney claims that, according to, the company tried to manipulate the definition of asbestos, despite internal documents dating back to between 1978 and 1994 that showed fibers discovered in the tissues of the plaintiff are part of.

Johnson & Johnson’s uncertain $8.9 billion settlement deal hangs in the balance with the course of this trial. Despite the distinct nature of this mesothelioma-related case and its distinct issues compared to other talcum powder lawsuits, a verdict favoring the plaintiff could result in a serious setback to J&J’s expectations of widespread acceptance of their proposed settlement among plaintiffs.

May 31, 2023: Update from Johnson & Johnson’s bankrupt talc division was able to defend the 2nd Chapter 11 filing in the opposition of victims of talc injuries. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the case was distinct from the first filing. It also emphasized the unprecedented commitment of $8.9 billion by J&J, the largest ever settlement in the history of a mass tort bankruptcy. Talc cancer link. Not mentioned: how the magnitude of the settlement indicates that it is an equitable settlement. J&J also claimed support from various plaintiffs’ law companies representing over 600,00 claimants. It is difficult to confirm but is probably incorrect.

May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the first trial concerning its cosmetic talc products allegedly containing asbestos is set to begin jury selection on Monday, California with Alameda County Superior Court, a historically good place for plaintiffs. The plaintiff asserts that his mesothelioma was caused by asbestos exposure through J&J’s products which that the company has denied. 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 now battling over who should be appointed to the role of future claims representative, which is vitally critical to resolving Talc claims. Talc cancer link. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed as the claims representative during the first bankruptcy. J&J’s defense group wants Ellis to be named to the position in the future, however lawyers representing the talc plaintiffs are protesting on the grounds that Ellis has conflicts of interest which should stop her from assuming that position once more. The dispute stems from possibility that Ellis was apparently involved in the drafting of the highly disputable second bankruptcy, which raises doubts about her capability to remain neutral. In reality, this bankruptcy is likely to be tossed out anyway.

May 17, 2023 Update The pretend company that J&J created for the talc litigation bankruptcy told an New Jersey bankruptcy court that they have set aside $400 million to pay the claims of states that accuse J&J of misleading marketing for its talc products. Talc cancer link. So that makes it an $8.5 billion settlement for cancer sufferers. It’s difficult to envision a scenario where J&J will be able to push the settlements of baby powder through with these numbers. While J&J’s proposed $8.5 billion offer sounds like a lot of money initially, it may not look great after you calculate the figures. The proposed settlement based on our estimates – will not be able to pay victims more than $100,000 per instance. 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 cancer link. The group contends that J&J intentionally withdrew a $61.5 billion funding agreement with its subsidiary, LTL Management LLC, in order to create a false sense of financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group claims this decision amounts to a fraudulent transfer of rights of victims’ compensation. They will investigate J&J’s actions following of the dismissal of the LTL’s bankruptcy case in its first instance.

May 10 2023 Update: Next week in the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion reject the second bankruptcy filing by J&J company LTL Management. In the meantime, LTL Management has filed an Order that requires both parties to take part in a second settlement mediation hoping that an international settlement agreement can be reached.

May 5th, 2023 Update: The talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. Talc cancer link. More than 2700 people have filed lawsuits against the firm and the company was paying $1 million per month for legal defense. The company’s latest $29 million verdict in South Carolina forced it to apply for bankruptcy protection and argue for a fair distribution of assets between talc claimants rather than being seized in the hands of the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of litigation.

May 4, 2023 Update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who turned down Johnson & Johnson’s $8.9 billion agreement. In Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps in the second bankruptcy case and Judge Kaplan encouraged further settlement talks.

This is the best way to resolve these claims for J&J. The baby powder settlement is likely to be achieved. Talc cancer link. But it will require more money – billions of dollars from Johnson & Johnson.

Lawyers have a split opinion on whether to accept the proposal and not every client views the issue the same way their attorney does. The second bankruptcy case is expected to be a failure with Judge Kaplan has scheduled a hearing for June to decide if he will remove the bankruptcy after the second.

May 3 2023 Update: A group representing cancer patients who have sued Johnson & Johnson (J&J) asked to have J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation involving talc products. The group representing claimants for talc has filed a motion this week asking to the Third Circuit to consider their appeal and return the case to a lower court, with instructions to discharge the bankruptcy. Talc cancer link. They also asked that the stopped tort litigation against J&J continue to continue.
LTL requested Chapter 11 protection once again following its bankruptcy filing that was denied by the Third Circuit earlier this year, offering an $8.9 billion agreement. The committee argues that the recent ruling, which allows the second Chapter 11 to continue, and also stopping trials against J&J is a reason for an immediate Third Circuit review. The US Trustee also requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation, Erik Haas, was quoted by Bloomberg saying that J&J plans to file a formal response in the appeals court, characterizing the filing as an “desperate and legally flawed effort” by a few of law firms with conflicts of financial interests.
May 1 2023 Update: A common question that people ask is how could plaintiffs and their lawyers turn on $8.9 billion. Of course, that’s a lot of money. However, there are lots of victims. Talc cancer link. These are an excellent case for plaintiffs. We were reminded of this last week by two talc-related trials that ended in large verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon resulted in a verdict in the amount of $18.1 million. The following month, a second talc mesothelioma case went to trials within South Carolina and resulted in the verdict of $29 million to the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the most prominent manufacturers of talc in U.S.
April 30 2023 Update: J&J first attempted to drag the talcum powder lawsuit into bankruptcy, it was met with an offer to set aside $2 billion for settlements. The amount was absurdly low. None of the talc plaintiffs were in favor of the offer. This time, however, J&J has increased the offer to $8.9 in the event that the talc victims accept a bankruptcy settlement and they have the backing of a significant segment of the talc plaintiffs and their lawyers. Talc cancer link. But with 75% of talc plaintiffs, which is needed for approval of the bankruptcy plan is not an easy task due to the sheer number of lawyers with large inventory of baby powder lawsuits opposed to the settlement.

What could solve the 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 absurdly made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc cancer link. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not eligible for bankruptcy relief because it had not demonstrated financial trouble.

The plaintiffs argue that LTL’s third Chapter 11 case is an fraud on the bankruptcy system and the case is being handled in bad faith. J&J states that the bankruptcy settlement has “significant backing” from the firms that represent about 60,000 potential people who are claiming. It’s safe to say that lawyers representing plaintiffs and victims ‘ lawyers are not united over this $8.9 billion amount of settlement offered.

April 21st, 2023 Update A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits claiming that the company sold a baby powder that contained a chemical that causes cancer. Even though trials for talc lawsuits are paused for at least 60 days however, new lawsuits may be filed and lawyers will begin preparing their cases. Talc cancer link. The judge expressed his doubts about J&J’s pathetic attempt to revive its strategy with a second bankruptcy case.

April 13 2023 Update: most important update is about the $8.9 billion over 25 years offer for settlement. Lawyers representing cancer patients who are part of the MDL group action pledged to challenge the settlement those who claim talc. Why? They argue that it’s not enough to pay for 70,000 victims who have cancer. Talc cancer link. These lawyers believe that J&J should negotiate a bigger settlement or pursue individual claims if the most recent bankruptcy is dismissed.

However, there is a second lawyer group that isn’t part of the leadership of this class action. The lawyers collectively have accumulated many thousands of cases. They want to settle the case now with what they believe is lower than what the victims should be paid. Their argument appears to be two-fold. First, they argue that the settlement, which is about the equivalent of $100,000 per plaintiff is fair.

This is an argument that is difficult to make. However, their second argument has more substance: the victims will no longer wait and want their money today.

April 12 2023 Update: Some people are wondering if J&J can file for bankruptcy once more. The answer is complicated and confusing. However, let’s attempt to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only means to resolve both current and future talc lawsuits conclusively. That is, it thinks it can get a lower rate should there be an element of bankruptcy that puts pressure to settle. Talc cancer link. Moving past 400 years of American history, the company believes that bankruptcy is beneficial to all parties by distributing settlements more equally and efficiently than trial courts, where litigants are awarded significant awards while others receive nothing.

The essence of the 3rd Circuit decision was this is not a case of a profitable company making a subsidiary to take the legal burden and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. However, it also stated that the subsidiary was not financially distress because J&J assured it of unlimited funding.
Then J&J took advantage of the funding unlimited part of the contract and didn’t promise to offer unlimited funding for lawsuits. The company claims that its new financing agreements with its subsidiary addresses the concerns of the appellate court, while offering claim payment funds. As if offering victims less money will solve the problem at hand.

Attorneys representing cancer victims who oppose the agreement counter this with what you conclude is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s earlier decision. Hyperbole is not exempt the lawyers representing victims call it the most significant “fraudulent transaction ever in United States history.”

Despite all the legal jargon, J&J does not really believe that this bankruptcy will last. But it is a way of trying to push this $8.9 billion settlement, and to keep the pressure on plaintiffs.

April 10 2023 Update Bloomberg offers an informative article about a new law in New Jersey that is shedding new light on the funding of litigation in the baby powder class action lawsuit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a portion of any profits. J&J is now willing the payment of $8.9 billion to settle lawsuits.

The funders’ involvement is made public because of an New Jersey court rule requiring the disclosure of certain information about funding sources outside of the. The rule aims to address the rising calls for regulation of the litigation funders. J&J has more than 60,000 claims when you add up state and federal baby powder lawsuits. Third-party funding in mass tort claims has its pros and pros and. However, there is no doubt that we are witnessing how third-party funding could level the playing field between individuals and big companies in court.

April 4 2023 Update: It’s interesting to watch the worm turn in this case. J&J has taken another blow this week when the Third Circuit denied J&J’s request to maintain the automatic stay while J&J appeals an appeal in the U.S. Supreme Court. The automatic stay has frozen thousands of talcum cases and prevented new lawsuits from being filed ever since J&J launched the controversial attempt to spin the talc liability off into a bankrupt subsidiary more than one year back. Talc cancer link. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient just a few months ago the stay was lifted. J&J wanted to see it continued pending the 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. The likelihood that for the Supreme Court is willing even to consider the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay now officially lifted, the first new cases were filed and incorporated into the talcum powder class action MDL in just over a year. Seven new talc-related lawsuits were brought into the MDL in the last month, bringing the total number of cases that are pending to 37,522.

February 25 2023 Update This morning, a Congressmen from Tennessee is now requesting that be the U.S. Government Accountability Office (GAO) start an investigation into how much J&J talc products have cost the government over the years.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc product for decades while tax dollars were used to treat those who were injured through exposure to the products. The lawsuit comes just a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.

Talc cancer link. J&J should begin to make reasonable settlement proposals to victims to getting this behind it. It is a stain on one of the most prestigious businesses.

February 14 2023 Update: At an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.

 

You May be Entitled to Significant Compensation Talc 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!

 

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