You May be Entitled to Significant Compensation Talc in Johnson& 39. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed settlement with talc would be worth the sum of $400 million US state AGs. Talc In Johnson& 39 .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its larger $8.9 billion settlement of claims that its Baby Powder and other talc-based product causes cancer. Talc in Johnson& 39.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company intends to pay different types of cancer victims in a bankruptcy settlement. Talc in Johnson& 39. J&J has claimed that its products containing talc are safe and won’t cause cancer. J&J is seeking the second time to end more than 38,000 lawsuits filed in bankruptcy, and to prevent any new cases from being filed in the future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for claims brought in state courts by attorneys general alleging that J&J had violated 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.
Some states had started consumer protection lawsuits against J&J prior to the first bankruptcy filing prevented those investigations from proceeding in 2021. Talc in Johnson& 39. New Mexico and Mississippi had already initiated 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 in LTL’s court filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy, joining cancer victims as well as the U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making business like J&J does not qualify for bankruptcy protections meant for struggling debtors.
LTL’s first attempt at resolving the bankruptcy lawsuits was rejected after the same arguments, when a U.S. appeals court decided that LTL had not been in “financial financial distress” and ineligible to receive bankruptcy relief. Talc in Johnson& 39. LTL had filed for bankruptcy again in just two hours following the dismissal, arguing its second attempt was different as it had less money and more support for an agreement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement authorities by seeking to unilaterally limit the company’s liability for state consumer protection measures.
Talc In Johnson& 39
LTL’s filings for the new year also contained additional details about how the company would assess and pay cancer claims when the bankruptcy plan is approved.
The most significant payments under the settlement would be $500,000 for people diagnosed with cancer of the mesothelioma ovary before age 45, and $260,000 for people diagnosed with ovarian cancer that is terminal before age 45.
The proposed settlement provides discounts based on the type and severity of the cancer, the person’s years of age, their history of talc use and other factors. Talc in Johnson& 39. For example the case of a woman who used daily talc products, had an ancestral history of ovarian cancer, and was diagnosed with stage II ovarian cancer by age 55 may be eligible for a $21,125 payout according to the plan.
Judge gives order to J&J and talc opponents to take part in settlement talks.
Following another round of hearings in Johnson & Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing the plan to enter into talks to reach a settlement, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary created by J&J to settle claims – the company offered a settlement amounting to $8.9 billion. Talc in Johnson& 39. While one group of law firms representing plaintiffs supports the deal, another group is against the settlement.
The previous week, the opposition group, known as”The Official Committee of Talc Claimants and urging the bankruptcy court to dismiss this case asserting that LTL can not be considered in financial distress.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to try to stop claimants from voting on the resolution plan, a plan that the overwhelming majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Talc in Johnson& 39. “The law firms involved in their filing are financially oriented and have conflicts that are in conflict with, contradict and contravene those that their customers. We’ll submit an appeal before the court of appeals.”
Talc in Johnson& 39. Clay Thompson, a lawyer for MRHFM which is home to more than mesothelioma patients who have sued J&J and J&J, has said that the second bankruptcy attempt of J&J failed.
“J&J sends out press releases about how wonderful its plan is while simultaneously insisting that the plan’s details, including what individual sick people would actually be treated to,” Thompson said in a statement. “What does the company have to keep secret?”
Kaplan has instructed the sides to devise a second reorganization plan, under the supervision of two mediators.
As of February 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that will free the company from the thousands of lawsuits regarding its talcum products.
However, in January of this year, an appeals court of the federal government overturned the decision, ruling that the firm could not be considered in “financial trouble.”
In the event that J&J’s request to challenge the U.S. Supreme Court was rejected at the end of April J&J declared bankruptcy about two hours later. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to accept to file for bankruptcy again.
J&J’s omnipotent profit engine fails after $6.9B cost of litigation involving talc.
With the two Chapter 11 attempts, J&J has gotten 19 months of which cases were placed suspended. Talc in Johnson& 39. The company wants claimants to vote on accepting their settlement. J&J requires 75% of the vote for the deal to pass.
In addition to the group of talc lawyers who panned the bankruptcy of the company in the U.S. Trustee, the U.S. Trustee is an arm of the U.S. Department of Justice has also filed motions to dismiss LTL’s second bankruptcy.
In a letter filed this week, U.S. trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest, but naive debtors.” Those doors “are not open to parties that lack a legitimate bankruptcy purpose or that seek to use the bankruptcy process to delay or hinder their creditors,” Vara continued.
On the other hand, J&J maintains there is no definitive evidence to suggest that its Talc-based products, such as its famous baby powder, can cause cancer. J&J has been taking the products of the market first on North America in 2020–and the remainder of the globe later this year.
J&J is determined to stay clear of the cost of going to court. It has won the majority of cases that were decided in court, however certain losses have been punitive.
A high-profile trial in Missouri produced a $4.7 billion verdict against the drug maker, 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 talc trials that are either in appeal or decided. In 41 trials 32 of them ended in an outcome for J&J as well as mistrials or verdict for a plaintiff that was dismissed on appeal. Talc in Johnson& 39. In addition, J&J in 2020 negotiated to settle around 1,000 cases for the sum of $100 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc In Johnson& 39
Our lawyers handle baby powder lawsuits across every state. The lawsuits involving talcum powder against Johnson & Johnson have been ongoing for many years. Talc in Johnson& 39. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient in products like baby Powder as well as Shower to Shower, can cause ovarian cancer among some women.
This page provides the J&J Talc Power Update and discusses how the upcoming bankruptcy ruling impacts the ultimate settlement amount of the ovarian cancer lawsuits.
Is the deadline for you to bring a talcum lawsuit? Many people who think the time limit has expired to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc In Johnson& 39
June 2 2023 Update: At the asbestos talc trial which took place in California yesterday, some technical issues halted the opening statements made by defense lawyers. Talc in Johnson& 39. The jurors, attending from home on Zoom however, heard Johnson and Johnson’s lawyer express doubt about the 70s research that claimed asbestos was present in their product, but the trial was abruptly closed.
Meanwhile, the plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer said that the presence of other minerals with the talc’s mineral content is inevitable. He claimed that his group advised J&J in 1971 about the presence of asbestos chrysotile in the talc produced by the company, although in lesser than 0.1 percent. He also found more asbestos in 1976.
June 1, 2023 Update: Talc in Johnson& 39. A trial for the first time since J&J made the decision to split its Talc segment and file for bankruptcy is a pivotal moment in the ongoing talc lawsuit story. Trial began yesterday in the poignant case of a young 24-year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma in the past year, a diagnosis lawyers on both sides agree is a tragic loss.
Opening statements revealed stark differences in each side’s narrative. The attorney representing the plaintiff took aim against Johnson & Johnson, alleging the use of deceitful methods in their research practices as well as throughout the litigation procedure. The attorney claims that, according to, the company attempted to manipulate the definition of asbestos despite internal documents dating back to 1978 and 1994 showing that fibers discovered in the tissue of the plaintiffs are included.
Johnson & Johnson’s uncertain $8.9 billion settlement deal hangs in the balance as we progress of this trial. Despite the particularity of this mesothelioma lawsuit and its distinct issues compared to other talcum powder lawsuits and a decision in favor of the plaintiff could cause an unintended setback to Johnson & J’s hopes for broad acceptance of their proposed settlement with plaintiffs.
May 31st, 2023 Update: Johnson & Johnson’s bankrupted talc unit has strongly defended its two-time Chapter 11 filing in the facing challenges from the talc injury plaintiffs. In an opposition filed with the New Jersey bankruptcy court, it argued that the situation was distinct from the first filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion from J&J as the biggest settlement ever to be made in a mass tort bankruptcy case. Talc in Johnson& 39. Not mentioned: how this amount means it is an equitable settlement. J&J also claimed support from numerous plaintiffs’ law firms representing over sixty thousand claimants. This is hard to verify however it is likely to be incorrect.
May 24, 2023 Update: Since Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial regarding its cosmetic talc products allegedly that contain asbestos is scheduled to start jury selection on Monday, May 24, California with Alameda County Superior Court, which is a well-known jurisdiction for plaintiffs. Plaintiff claims that mesothelioma is the result of asbestos exposure resulting from J&J’s products and that the company denies. The trial also includes six retailers accused of selling talc products.
May 22, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are fighting over who should be chosen to fill the role of the claims representative in the future, a role that is critically critical to resolving claims involving talc. Talc in Johnson& 39. Randi Ellis, a lawyer who regularly appears in MDLs throughout the United States was appointed as the claims representative in the previous bankruptcy. J&J’s defense team wants Ellis to be appointed in that position and again, but attorneys for the talc plaintiffs are protesting to the claim that Ellis has an unrelated conflict of interest that should prevent her from being appointed to that post again. The dispute stems from fact that Ellis was apparently involved in the creation of the hotly disputable second bankruptcy, raising doubts about her capacity to be neutral. It’s true that this bankruptcy is likely to be tossed out anyway.
May 17, 2023 Update: The fake company J&J put together for the talc litigation bankruptcy has informed an New Jersey bankruptcy court that they have designated $400 million as a settlement for claims of states that accuse the company of misleading advertising for its talc products. Talc in Johnson& 39. This amounts to an $8.5 billion settlement for cancer patients. It’s difficult to envision the scenario in which 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 may seem like a lot initially, it will not look great when you do the math. The settlement plan based on our rough calculations, would not offer victims anything more than an average settlement $100,000 per case. It’s not enough.
May 15 2023 update: J&J might be facing lawsuit from an advocacy group that represents cancer patients. Talc in Johnson& 39. The group claims J&J intentionally canceled the $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group argues that this act is a fraud transfer of rights of victims’ compensation. 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 the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy filing that was filed by J&J subsidiaries LTL Management. In the meantime, however it has approved an Order that requires both parties to take part in a second settlement mediation with the hopes of achieving an international settlement agreement can be reached.
May 5 2023 Update: Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Talc in Johnson& 39. Over 2700 people have sued the company, and it was paying $1 million per month on legal defense. The company’s most recent $29 million verdict at the Supreme Court of South Carolina forced it to apply for bankruptcy protection and argue that assets should be distributed in an equitable manner among talc claimants instead of being taken through 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 resume settlement discussions with lawyers who have rejected Johnson & Johnson’s $8.9 billion deal. In Trenton, New Jersey yesterday, the parties appeared before a judge to discuss the next steps for the second bankruptcy case. Judge Kaplan has pushed for further settlement talks.
This is the solution to resolve these claims for J&J. A baby powder settlement can get done. Talc in Johnson& 39. But it will require more money – billions of dollars of Johnson & Johnson.
Lawyers have a split opinion on whether to take the proposal or not and not every client views the situation the same way their lawyer sees it. This second case of bankruptcy is expected to be a failure and Judge Kaplan has set a date for a hearing in June to decide whether to remove the bankruptcy after the second.
May 3, 2023 Update The group of cancer patients suing Johnson & Johnson (J&J) requested to have the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation over talc products. The committee representing talc claimants filed a motion on Tuesday, asking to the Third Circuit to consider their case and then send it back an earlier court, with instructions to discharge the bankruptcy. Talc in Johnson& 39. They also asked that the halted tort litigation against J&J continue to proceed.
LTL applied for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year and offered the possibility of an $8.9 billion deal. The committee says that the recent ruling allowing LTL’s 2nd Chapter 11 to continue, and also stopping trials against J&J, warrants an 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 vice president for global litigation Erik Haas, was quoted by Bloomberg declaring that J&J intends to file a response to the appeals court saying that the filing is a “desperate and legally insufficient attempt” by a few of law firms with different financial interests.
May 1st 2023 Update: One frequently asked question is how plaintiffs and their lawyers turn down $8.9 billion. Of course, that is quite a sum. There are a lot of victims. Talc in Johnson& 39. They are a great case for plaintiffs. We were reminded of this last week in two talc trials which have resulted in huge verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon led to an award in the amount of $18.1 million. In the same month, a different mesothelioma-related talc case went to the court at 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. which is one of the leading producers of talc in the U.S.
April 30 2023 Update: In the year 2023, when J&J initially tried to take the litigation over talcum powder into bankruptcy, it did so with the option of putting aside $2 billion for settlements. This was an absurdly low amount. There was no one among the talc victims who believed in the offer. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they are willing to accept bankruptcy settlements and also has the support of a substantial section of the talc victims and their lawyers. Talc in Johnson& 39. However, 75% of talc plaintiffs, which is required for bankruptcy plan approval It’s a long and difficult process with so many lawyers with large stocks of baby powder lawsuits opposed towards the agreement.
What are the solutions to the impasse? More billions.
April 25, 2023 Update: Talc cancer claimants have sought a court order to dismiss the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, insisting that the company is not financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc in Johnson& 39. The 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not a candidate for bankruptcy relief since it failed to show financial difficulties.
The claimants assert that the second 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 has “significant support” from the firms that represent around 60,000 people who are claiming. It is fair to say plaintiffs’ lawyers and victims ‘ lawyers are divided on their disagreement over the $8.9 billion amount of settlement offered.
April 21, 2023 Update: A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that the firm offered a baby powder with a contaminant that caused cancer. Even though trials for the lawsuits involving talc are delayed for at least 60 calendar days, new lawsuits can be filed, and lawyers can begin preparing their cases. Talc in Johnson& 39. Judges expressed skepticism about J&J’s absurd attempt to relaunch its strategy in a second bankruptcy trial.
April 13th, 2023: Update on the major news is the $8.9 billion over 25 years settlement offer. Lawyers representing cancer patients in MDL class action MDL Class Action have promised to fight the settlement with talc claimants. Why? They argue that it’s not enough to pay for 70 000 cancer patients. Talc in Johnson& 39. The lawyers say that J&J could negotiate a greater settlement or even litigate individual claims if the latest bankruptcy is thrown out.
However, there is a second set of lawyers who are not part of the top leadership in the class action. These lawyers have amassed many thousands of cases. This group wants to settle in what many believe to be less than the victims deserve. The argument they make is twofold. The first is that they claim the settlement of around 100,000 dollars per plaintiff – is fair.
This is an argument that is difficult to prove. However, their second argument has more force: victims should no longer wait and want their money now.
April 12 2023 Update: People are asking how J&J could file for bankruptcy once more. The answer is complicated and complex. Let’s try to clarify it simply.
Johnson & Johnson asserts that bankruptcy is the only means to resolve both current and future talc litigations in a definitive manner. In other words, it thinks it can get a lower rate should there be an element of bankruptcy that puts pressure for a settlement. Talc in Johnson& 39. Moving past the 400-year span of American time, the business believes that bankruptcy is beneficial to all parties because it distributes settlements more fairly and effectively than trial courts, where litigants are awarded significant settlements while others get nothing.
The gist in the 3rd Circuit decision was this is not a case – one that makes a profit, but a subsidiary to take the legal responsibility and declare bankruptcy, which is what Congress considered when it was drafting the Bankruptcy Code. However, it also stated it was not financially crisis because J&J promises unlimited funding.
Thus, J&J did not hesitate to take advantage of the unlimited funding part of the contract and didn’t promise that it would provide unlimited funds for the litigation. The company says that its modified financing arrangements with its subsidiary addresses the appeals court’s concerns while still providing funds for claims. As if offering victims less money would solve the overarching problem.
Lawyers representing cancer patients who oppose the agreement counter this by arguing that the plaintiff is countering legal nonsense with 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: victims’ lawyers call it the most significant “fraudulent transaction ever in United States history.”
Despite all the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it is a way to try and push the $8.9 billion settlement, and to keep the pressure on plaintiffs.
April 10, 2023 Update Bloomberg offers an informative 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 suit for class actions. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) over talc products in exchange for a percentage of any winnings. J&J is now offering that it will pay $8.9 billion to settle all lawsuits.
The involvement of the funders is made public because of an New Jersey court rule requiring the release of certain details about outside funding backers. The rules aim 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 infant powder litigation. Third-party financing in mass tort cases has both pros and cons. However, there is no doubt that we are witnessing the ways that third-party funding can even the playing field for individuals and big companies in court.
April 4, 2023 Update: It is interesting to watch the worm turning in this lawsuit. J&J suffered another setback this week when they were denied by the Third Circuit denied J&J’s request to keep the automatic stay in place as J&J appeals an appeal at the U.S. Supreme Court. The automatic stay has stopped thousands of talcum cases and stopped any the filing of new lawsuits ever since J&J began the controversial plan to spin the talc liabilities off into a bankrupt entity over one year ago. Talc in Johnson& 39. 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 remain in effect until hearing 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. There is a chance that is that the Supreme Court is willing even to take up the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay being officially lifted, the very first new cases were filed and incorporated into the class action for talcum powder MDL within a year. Seven new talc lawsuits have been included in the MDL during the month of March and brought the total number of cases in the pending process up to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now calling for authorities from the U.S. Government Accountability Office (GAO) launch an investigation into the cost J&J product containing talc has cost the government over the many years.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the risks of its talc products for years while tax dollars were utilized to treat people injured by exposure to the chemicals. The lawsuit comes just a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc in Johnson& 39. J&J needs to start making reasonable settlements to victims, in order the process of putting all this behind. It’s a mark on one of the greatest businesses.
February 14 , 2023 Update: At an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc in Johnson& 39. 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!