You May be Entitled to Significant Compensation Talc is bad for you. 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 Is Bad For You .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of a broad $8.9 billion settlement of allegations that its Baby Powder as well as other talc items cause cancer. Talc is bad for you.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company will pay various types of cancer sufferers in a bankruptcy settlement. Talc is bad for you. J&J has said that its Talc products are safe and won’t cause cancer. It is attempting for a second time to resolve more than 38,000 lawsuits in bankruptcy, as well as prevent new lawsuits from being filed in the near future.
LTL’s bankruptcy plan would pay $400 million into a separate trust for claims filed with state attorneys general alleging that J&J did not comply with state unfair business practices as well as consumer protection laws by misleading consumers about the quality 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 is bad for you. New Mexico and Mississippi had already brought lawsuits with Johnson & Johnson before then as well as 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 taken steps to halt the bankruptcy of LTL, joining cancer victims and their counterparts from the U.S. Justice Department’s bankruptcy watchdog, who have claimed that a lucrative company such as J&J cannot benefit from bankruptcy protections aimed at struggling debtors.
The first attempt by LTL to resolve the bankruptcy cases was thrown out after similar arguments, when a U.S. appellate court ruled the LTL had not been in “financial trouble” and thus not eligible of bankruptcy protection. Talc is bad for you. LTL filed a second bankruptcy in just two hours following that dismissal, arguing that its second attempt was different as 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 renewed bankruptcy violates state law enforcement powers by seeking to unilaterally limit the company’s liability for state consumer protection measures.
Talc Is Bad For You
The filings of LTL’s latest bankruptcy proceedings also include more details on how the company plans to evaluate and pay cancer claims when the bankruptcy plan is approved.
The largest amount of money under the settlement will be $500,000 to those diagnosed with mesothelioma terminal prior to the age of 45, and $260,000 for patients diagnosed with advanced ovarian cancer before age 45.
The proposed settlement applies discounts depending on the kind and severity of cancer, the patient’s age, the history of usage of talc and other variables. Talc is bad for you. For instance someone who regularly used the talc product on a regular basis, had an ovarian cancer family history, cancer, and was diagnosed with an ovarian cancer stage II by age 55 may qualify to receive a payment of $21,125 under the settlement plan.
Judge decides J&J and talc oppositionists to participate in settlement talks.
After another round of hearings in Johnson & Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing the plan to hold settlement talks, Bloomberg reports.
With its second bankruptcy attempt for LTL management, a subsidiary founded by J&J to hold the claims–the company offered a settlement of $8.9 billion. Talc is bad for you. While a group of law firms representing plaintiffs is in favor of the settlement, a different group is opposed to the offer.
The previous week, the opposition group, called”The Official Committee of Talc Claimants requested the bankruptcy court to disqualify the petition by arguing that LTL can not be considered to be in financial trouble.
“The filing is a desperate and legally deficient attempt by a few of law firms to block claimants from voting on the resolution plan–a plan the vast and growing majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc is bad for you. “The law firms behind these filings have interests in finance that clash with, contradict and are in opposition to the interests that their customers. We’ll be submitting an appeal before the court of appeals.”
Talc is bad for you. Clay Thompson, a lawyer for MRHFM that is home to more than patients with mesothelioma who have filed lawsuits against J&J for bankruptcy, told the second bankruptcy attempt of J&J is likely to fail.
“J&J issue press releases describing how fantastic its plan is while simultaneously requesting that details of the plan, such as what each sick person will receive — be kept private,” Thompson said in an email. “What does the company have to cover up?”
Kaplan has instructed both sides to create a restructuring plan, with 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.
But in the month of January, a federal appeals court overturned the verdict, ruling that the firm could not be considered to be in “financial difficulty.”
The J&J’s plan to make an appeal before the U.S. Supreme Court was rejected the same month, J&J declared bankruptcy just two hours later. In response, Kaplan froze the lawsuits for 60 days in order to determine whether or not to approve the second bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B talc litigation charge.
In the 2 Chapter 11 attempts, J&J has bought 19 months during which cases were placed in limbo. Talc is bad for you. The company would like claimants to decide whether they want to accept the settlement. J&J needs 75% of the vote for the settlement to be approved.
Alongside the group of talc lawyers who criticised the company’s bankruptcy in the U.S. Trustee, the U.S. Trustee, an arm from the U.S. Department of Justice was also the one to file an application to dismiss LTL’s bankruptcy second case.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest but unfortunate 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 hinder or delay their creditors.” Vara continued.
In its own words, J&J maintains there is no proof conclusive that their Talc products, which includes its popular baby powder can cause cancer. J&J has been taking the products from the market and will first launch them in North America in 2020–and the rest of the world later this year.
J&J intends to steer clear of the expense of going to trial. The company has won most of the cases decided through trial, though certain losses have been extremely punitive.
A highly-publicized trial in Missouri produced an $4.7 billion verdict against the drug company but was later reduced to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine cases involving talc, which are appealing or settled. Out of 41 trials 32 of them ended in an outcome for J&J either through a mistrial or verdict for a plaintiff that was overturned on appeal. Talc is bad for you. In addition, J&J in 2020 negotiated to settle more than 1000 cases at a cost of $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Is Bad For You
Our lawyers are handling baby powder lawsuits in all 50 states. The talcum powder lawsuits in the case of Johnson & Johnson have been ongoing for many years. Talc is bad for you. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in products such as Shower to Shower Powder along with Shower to Shower, can cause ovarian cancer among some women.
This page offers a J&J Talc Power litigation update and discusses how the upcoming bankruptcy ruling impacts the ultimate settlement amount in 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. Call us today at 800-553-8082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Is Bad For You
June 2, 2023 Update: During an asbestos talc court trial held in California yesterday, a couple of technical issues disrupted the opening statement by the defense attorneys. Talc is bad for you. Jurors from home on Zoom however, heard Johnson &Johnson’s lawyer express doubts about the 70s research affirming the presence of asbestos in their product before the trial was abruptly closed.
The plaintiff could introduce their first witness, Arthur Langer. Langer explained that the existence of other minerals with the talc mineral is a given. He testified that his team advised J&J in the year 1971 about the presence of chrysotile asbestos in the talc manufactured by the company, though at less than 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update: Talc is bad for you. A trial for the first time since J&J made the decision to split its talc section and declaring bankruptcy marks an important moment for the ongoing lawsuit story. The trial started yesterday in the harrowing case of a young 24 year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma last year, which both sides of the argument agree is a harrowing tragedy.
The opening statements exposed the distinct differences between each side’s narrative. The attorney representing the plaintiff aimed his ire against Johnson & Johnson, alleging the use of deceptive tactics in research practices and throughout the litigation process. The attorney claims that, according to Johnson & Johnson attempted to alter the definition of asbestos, in spite of internal documents dating from 1998 and 1994 that show asbestos fibers that were found in the plaintiff’s tissue are included.
Johnson & Johnson’s precarious $8.9 billion settlement proposal hangs in the balance with the development of the trial. Despite the distinctive nature of this mesothelioma-related case and its distinct issues compared to other talcum powder lawsuits ruling in favor of the plaintiff could result in an unintended setback to Johnson & J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupt talc unit is defending their Second Chapter 11 filing in the opposition of victims of talc injuries. In an objection submitted to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the case was vastly different from the first filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion to J&J as the largest settlement ever in a mass tort bankruptcy case. Talc is bad for you. The issue is not discussed: whether the magnitude of the settlement means it is a fair settlement. J&J also claimed that it received support from a variety of plaintiffs’ law firms representing more than 60,000 claimants. This is hard to verify however it is likely to be incorrect.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the very first trial on its cosmetic talc products allegedly containing asbestos is set to start jury selection Monday, May 24, California in Alameda County Superior Court, a historically good location for plaintiffs. The plaintiff claims his mesothelioma was triggered by asbestos exposure resulting from J&J’s products, an allegation the company does not deny. The trial also includes six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers involved in the second J&J Talc bankruptcy are currently disputing who should be appointed to the post of future claims representative. This is an important role essential to the resolution of the Talc claims. Talc is bad for you. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation, was appointed as the claims representative in the initial bankruptcy. J&J’s defense team would like Ellis to be appointed to that role in the future, however lawyers representing the plaintiffs in talc are arguing to the claim that Ellis has conflicts of interest that should prevent her from being appointed to that post again. The conflict stems from the issue that Ellis was reportedly involved in drafting the hotly disputable second bankruptcy, which raises doubts about her ability to be neutral. The reality is this bankruptcy will likely to be tossed out anyway.
May 17, 2023 Update The pretend company that J&J created for the talc bankruptcy disclosed to an New Jersey bankruptcy court that they have allocated $400 million to settle the allegations made by states who accuse the company of misleading advertising for its talc product. Talc is bad for you. That’s an $8.5 billion settlement for cancer patients. It’s difficult to imagine a scenario where J&J will be able to push these baby powder settlements through at these numbers. While J&J’s $8.5 billion offer seems like a large sum initially, it will not look very appealing after you calculate the figures. This settlement offer based on our rough calculations, would not be able to pay victims more than a median settlement of $100,000 per instance. This isn’t enough.
May 15 2023 Update: J&J might be facing suit from an advocacy group that represents cancer victims. Talc is bad for you. The group argues that J&J intentionally withdrew a $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move is a fraud transfer of rights of victims’ compensation. They intend to investigate J&J’s actions in the wake of the denial of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: Next week in next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy petition filed by J&J subsidiary LTL Management. However, in the meantime, it has approved an order calling for both parties to participate in a settlement mediation to see if the global settlement can be brokered.
May 5th 2023: Update on 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 is bad for you. Over 2,700 individuals have sued the firm and it has been paying $1 million per month to defend itself. The company’s recent $29million verdict on the state of South Carolina forced it to apply for bankruptcy protection and argue that assets should be distributed in an equitable manner to talc claimants, rather than being seized by the receiver. Other suppliers of talc have declared bankruptcy because of legal proceedings.
May 4, 2023 Update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume talks with lawyers who turned down Johnson & Johnson’s $8.9 billion agreement. The court in Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps to take in their second bankruptcy matter and Judge Kaplan pushed more settlement talks.
This is the solution to settle these claims with J&J. A settlement for baby powder can be completed. Talc is bad for you. However, it will require more money, more billions of dollars – of Johnson & Johnson.
Lawyers are split on whether or not to agree with the proposal and not every client views the issue in the same manner their lawyer sees it. A second bankruptcy proceeding is bound to go nowhere 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) requested 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 the claimants submitted a motion on Tuesday asking for the Third Circuit to consider their case and then send it back to a lower court, with instructions to dismiss the bankruptcy. Talc is bad for you. They also asked that lawsuit against the halted torts of J&J should be permitted to proceed.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected in the Third Circuit earlier this year which offered an $8.9 billion settlement. The committee says that the recent decision allowing LTL’s second Chapter 11 to continue, while also halting trials against J&J is a reason for urgent Third Circuit review. The US Trustee also 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 plans to file a formal response in the appeals court, saying that the filing is a “desperate and legally inadequate attempt” by a handful of law firms that have conflicting financial interests.
May 1, 2023 Update: One most frequently asked question is how plaintiffs and their attorneys turn on $8.9 billion. That’s of course a lot of money. There are a lot of victims. Talc is bad for you. These are an excellent claims for plaintiffs. We have been reminded of this recently in two talc trials which resulted in big verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon ended in a verdict that was $18.1 million. The following month, a second mesothelioma talc case was brought to the court on the other side of South Carolina and resulted in the verdict of $29 million for the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. One of the top producers of talc in the U.S.
April 30 2023 Update: J&J first tried to bring the talcum powder lawsuit into bankruptcy, it was met with an offer to reserve $2 billion to settle the case. The sum was ridiculously low. None of the talc plaintiffs supported the proposal. This time, however, J&J has increased the offer to $8.9 if the talc plaintiffs accept a bankruptcy settlement and they also have the support of a substantial section of the talc victims and their lawyers. Talc is bad for you. However, 75% of talc plaintiffs, which is required to approve bankruptcy plans, it a tough road since there are so many lawyers with massive inventories of baby powder lawsuits opposed against the proposed settlement.
What could solve the impasse? More billions.
April 25 2023 Update: Talc cancer claimants 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 distressed. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc is bad for you. The 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company wasn’t eligible for bankruptcy relief as it had not demonstrated financial stress.
The claimants contend that the 2nd Chapter 11 case is an fraud on the bankruptcy system and that it is being pursued in bad faith. J&J asserts that the bankruptcy settlement receives “significant backing” from firms representing an estimated 60,000 claimants. It is fair to say plaintiffs’ lawyers and victims are divided over the $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge decided in favor of Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. While trials in talc lawsuits are paused for a minimum period of 60 days however, new lawsuits may be filed, and lawyers may begin to prepare their cases. Talc is bad for you. The judge expressed his doubts about J&J’s ridiculous effort to revive its strategy by filing a second bankruptcy case.
April 13, 2023 Update: most important news is the $8.9 billion over the next 25 year period settlement offered. Lawyers representing cancer patients within the MDL class action have pledged to fight the settlement with those who claim talc. Why? They argue that it’s not enough for those suffering from cancer who are 70,000. Talc is bad for you. These lawyers argue that J&J could negotiate a greater settlement or even litigate individuals’ claims if the current bankruptcy is declared unconstitutional.
There is a different group of lawyers outside of the top leadership in this class action. These lawyers have collectively amassed the equivalent of tens of thousands of lawsuits. They want to settle now in what many believe to be less than the victims deserve. Their argument seems to be two-fold. They argue that the settlement of around 100,000 dollars per plaintiff is fair.
That is a hard argument to present. The second argument is more teeth: victims can not afford to wait any longer and need to get their money right now.
April 12, 2023 Update: People are seeking out how J&J is able to file for bankruptcy once more. The answer is complicated and convoluted. Let’s try to simplify it clearly.
Johnson & Johnson asserts that bankruptcy is the only means to deal with both present and future talc litigations in a definitive manner. In other words, it thinks it will pay less in the event of a bankruptcy element that creates pressure to settle. Talc is bad for you. Driving past hundreds of years of American history, the firm claims that bankruptcy benefits all parties by distributing settlement payments more evenly and effectively than trial courts where some litigants receive significant settlements while others get nothing.
The main thrust in the 3rd Circuit decision was this isn’t a case that involves the profit-making company that has subsidiaries to meet the legal burden and declare bankruptcy Congress thought of when drafting its Bankruptcy Code. But it also said it was not in financial distress because J&J assured it of unlimited funding.
So J&J jumped on the unlimited funding part of the deal and didn’t promise to fund unlimited lawsuits. The company claims that new financing agreements with its subsidiary address appeals court’s concerns while still providing funds for claims. As if providing victims with lesser money could solve the underlying issue.
Attorneys representing cancer victims who oppose the deal counter this with what you conclude is the legal argument. Talc is bad for you. They counter with legal nonsense: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s ruling. Hyperbole is not exempt attorneys representing the victims claim it the most significant “fraudulent transfer ever in United States history.”
Despite the legal jargon, J&J does not really think this bankruptcy will survive. However, it’s a means to try and push the $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10, 2023 update: Bloomberg has an interesting piece on a law that has been passed within New Jersey that is shedding new light on litigation funding in the Class action suit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) over talc products in exchange for a share of any profits. J&J has now offered that it will pay $8.9 billion to settle any lawsuits.
The funders’ involvement is made public due to the New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. This rule is intended to address the rising calls for regulation of the litigation funders. J&J has more than 60,000 claims when you combine federal and state Baby Powder lawsuits. Third-party funding of mass tort cases has its pros and pros and. However, there is no doubt that we are witnessing how third-party financing can help level the playing field between people and big companies in court.
April 4 2023 Update: It is interesting to watch the worm turn 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 keep the automatic stay in place during the time that J&J appeals a bankruptcy ruling at the U.S. Supreme Court. It has halted hundreds of cases involving talcum powder and stopped any new lawsuits from getting filed ever since J&J initiated the controversial effort to spin the talc liabilities into a bankrupt subsidiary over a year back. Talc is bad for you. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was revoked. J&J wanted to see 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. The odds that the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay now officially lifted, the very first new cases have been filed and transferred into the talcum powder class action MDL in the space of a year. Seven new talc lawsuits have been included in the MDL during the month of March increasing the number of cases in the pending process up to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee is now requesting that the U.S. Government Accountability Office (GAO) begin an investigation into how much J&J product containing talc has cost the government over the many years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the dangers of its talc product for years while tax dollars were spent on treating people who suffered injuries from exposure to the chemicals. The suit comes just a few days after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Talc is bad for you. J&J should begin to make reasonable settlement proposals to victims to in putting this behind. This is a blemish on one of the most prestigious companies.
February 14 2023 Update: In the hearing held today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc is bad for you. 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!