You May be Entitled to Significant Compensation Talc lawsuits. 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 $400 million to US state AGs. Talc Lawsuits .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its wider $8.9 billion effort to settle allegations that its Baby Powder as well as other talc ingredients cause cancer. Talc lawsuits.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay for different types of cancer victims in bankruptcy settlement. Talc lawsuits. J&J has said that its Talc products are safe, and don’t cause cancer. The company is trying for a second time to resolve more than 38,000 lawsuits in bankruptcy, and to prevent any new cases from arising in the near future.
LTL’s bankruptcy plans would deposit $400 million into a separate trust for claims brought in state courts by 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 regarding the dangers of its talc products.
Several states had begun consumer protection lawsuits against J&J before LTL’s first bankruptcy filing prevented these investigations from moving forward in 2021. Talc lawsuits. New Mexico and Mississippi had already initiated suits with Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court papers.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL in a joint move with cancer victims and the U.S. Justice Department’s bankruptcy watchdog. They argue that a profit-making business like J&J is not eligible for bankruptcy protections intended for the struggling debtors.
The company’s initial attempt to resolve the bankruptcy cases was dismissed after similar arguments. In the end, a U.S. appellate court decided it was not LTL was not in “financial difficulty” and ineligible for bankruptcy protection. Talc lawsuits. LTL declared bankruptcy a second time just over two hours after the decision to dismiss, arguing that the second bankruptcy was different as it had less money available and had more support for an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates state law enforcement authorities in attempting to unilaterally limit the liability of the company in state consumer protection measures.
Talc Lawsuits
LTL’s recent filings also provided more information on how the company would evaluate and pay for cancer claims should the bankruptcy plan be approved.
The largest amount of money under the settlement will be $500,000 for people diagnosed with mesothelioma that is terminal before age 45 and $260,000 for patients diagnosed with terminal ovarian cancer prior to age 45.
From there, the proposed settlement offers discounts based on the kind and severity of cancer, the individual’s years of age, their history of the use of talc, and other aspects. Talc lawsuits. For instance the case of a woman who used talc products weekly, had the family history of ovarian cancer and was diagnosed with Stage II cancer of the ovary at age 55 might qualify to receive a payout of $21,125 under the plan.
Judge ordains J&J and talc opponents take part in settlement talks.
After another round of hearings in Johnson & Johnson’s effort to utilize a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the move to conduct talks to reach a settlement, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL management, a subsidiary founded by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Talc lawsuits. While one firm representing plaintiffs support the offer, 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 arguing that LTL is not a factor in financial distress.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to prevent claimants from voting on the resolution plan–a plan the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Talc lawsuits. “The law firms involved in these filings have interests in finance that conflict with, contradict and oppose the interests of their clients. We’ll submit a response an appeal to the appellate court.”
Talc lawsuits. Clay Thompson, a lawyer for MRHFM that includes more than mesothelioma victims who have sued J&J, said that the second bankruptcy attempt of J&J failed.
“J&J issues press releases about how great its plans are, but is demanding that plan details–including what individual sick people would actually be treated to,” Thompson said in an announcement. “What do J&J have to hide?”
Kaplan has directed the parties to come up with another reorganization plan, under the oversight and supervision of mediators.
The court in February of 2022 Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that would free the company from the thousands of lawsuits regarding its talcum products.
In January of this year a federal appeals court overturned the decision, ruling that the firm could not be considered to be in “financial distress.”
In the event that J&J’s request to challenge the U.S. Supreme Court was turned down the same month, J&J declared bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to accept the second bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.
Through two Chapter 11 attempts, J&J has bought 19 months during which cases were placed held. Talc lawsuits. The company is requesting that claimants take a vote to accept their settlement. J&J needs 75% approval for the deal to pass.
In addition to the team of talc lawyers who criticised the company’s bankruptcy and the U.S. Trustee, an arm that is part of the U.S. Department of Justice has also filed an appeal to dismiss the second bankruptcy case of LTL.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest but unfortunate debtors.” Those doors “are not available to anyone that do not have a legitimate goal or who seek to use the bankruptcy process to delay or hinder their creditors.” Vara continued.
For its part, J&J maintains there is no definitive evidence to suggest that its Talc-based products, such as its famous baby powder, cause cancer. J&J has taken the products of the market–first for North America in 2020–and the rest of the world this year.
J&J seeks to avoid the expense of going to trial. It has prevailed in the majority of the cases that have been resolved in court, however some losses have been punishing.
A high-profile trial in Missouri led to an $4.7 billion verdict against the drugmaker, which was later reduced to $2.1 billion following 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 on appeal or have been decided. Out of 41 trials 32 of them ended in winning for J&J as well as mistrials or plaintiff verdicts that were reversed on appeal. Talc lawsuits. Additionally, the company has announced plans to settle around 1,000 cases for $110 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Lawsuits
Our lawyers are handling baby powder lawsuits in every state. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been in the process for several years. Talc lawsuits. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient found in products such as the Baby Powder or Shower to Shower as well as other products, may cause ovarian cancer in some women.
This page offers an J&J Talc Power litigation update and explains how the forthcoming bankruptcy ruling impacts the ultimate settlement amounts in the Ovarian Cancer lawsuits.
Is the deadline for you to bring a talcum lawsuit? Many who assume the time limit has expired to file a lawsuit against 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 Lawsuits
June 2, 2023 Update: During the asbestos talc trial in California yesterday, technical issues interrupted the opening statement by the defense lawyers. Talc lawsuits. Jurors from home via Zoom however, heard Johnson &Johnson’s lawyer express skepticism about the 70s science affirming the presence of asbestos in their product, but the session abruptly ended.
In the meantime, the plaintiff could introduce its first expert witness Arthur Langer. Langer explained that the existence of other minerals in the talc mineral is a given. He said that his team informed J&J in 1971 about the presence of chrysotile asbestos in the talc produced by the company, although in just 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update: Talc lawsuits. The first trial since J&J made the decision to split its talc section and declaring bankruptcy is a pivotal moment within the ongoing lawsuit saga. Trial started on Monday in the harrowing case of a young 24 year-old plaintiff, diagnosed with a rare and aggressive form of mesothelioma in the past year, which both sides of the argument agree is a tragedy of a different kind.
The opening statements exposed the sharp differences in the two sides’ narrative. The attorney representing the plaintiff took aim at Johnson & Johnson, alleging that the company employed deceitful techniques in its research practices and throughout the litigation process. According to the attorney Johnson & Johnson tried to alter the definition of asbestos despite internal documents dating back to the year 1978 and 1994 indicating that asbestos fibers that were found in the plaintiff’s tissue are included.
Johnson &J’s highly uncertain $8.9 billion settlement deal hangs in the balance with the progression of this trial. Despite the distinctive nature of this mesothelioma-related case and its distinctive issues in comparison to other lawsuits involving talcum powder and a decision in favor of the plaintiff could result in an enormous setback for J&J’s hopes of broad acceptance of their proposed settlement with plaintiffs.
May 31st 2023 Update: Johnson and Johnson’s bankrupted talc unit has vigorously defended the Second Chapter 11 filing in the face of challenges from injured talc claimants. In an objection submitted to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing was fundamentally different from the first filing. It highlighted the extraordinary commitment to $8.9 billion in settlement from J&J as the largest settlement ever made in an bankruptcy case involving mass torts. Talc lawsuits. There was no mention of how the size of the settlement indicates that it is an equitable settlement. J&J also claimed that it received support from numerous plaintiffs’ law companies representing over sixty thousand claimants. This is not easy to confirm but likely incorrect.
May 24, 2023 Update: Since Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial on its cosmetic talc products that are believed to that contain asbestos is scheduled to begin jury selection on Monday, California with Alameda County Superior Court, a historically good place for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure in J&J’s product and J&J denies. The trial also involves six retailers accused of selling talc products.
May 22nd, 2023 Update Lawyers in the 2nd J&J Talc bankruptcy are fighting over who should be appointed to the role of the claims representative in the future, an important role critical to resolving Talc claims. Talc lawsuits. Randi Ellis, a lawyer who regularly appears in MDLs throughout the United States, was appointed as the claims representative during the first bankruptcy. J&J’s defense group wants Ellis to be appointed to that role in the future, however lawyers representing the talc plaintiffs have raised objections to the claim that Ellis has conflicts of interest which would prohibit her from being appointed to that post once more. The dispute stems from reality that Ellis was reportedly involved in drafting the hotly contesting second bankruptcy, which raises concerns about her ability to be neutral. It’s true that this bankruptcy is likely to get dismissed anyway.
May 17th, 2023 Update: The pretend company that J&J created to settle the talc litigation bankruptcy told a New Jersey bankruptcy court that they had allocated $400 million to settle claims made by states accusing J&J of misleading marketing for its talc product. Talc lawsuits. That’s an $8.5 billion settlement for cancer patients. It’s difficult to envision the scenario in which J&J can push the settlements of baby powder through in these figures. Although J&J’s $8.5 billion offer seems like a huge sum initially, it will not look great when you look at the numbers. The proposed settlement based on our rough calculations would not offer victims anything more than a median settlement of $100,000 per case. That’s not enough.
May 15, 2023 Update: J&J may be in the middle of a lawsuit by an advocacy group representing cancer patients. Talc lawsuits. The group argues that J&J deliberately retracted a $61.5 billion contract for funding together with its parent company, LTL Management LLC, in order to create a false sense of financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group claims this decision amounts to a fraudulent transfer of rights of victims’ compensation. They intend to investigate J&J’s actions after the announcement of the decision to dismiss LTL’s first bankruptcy case.
May 10 2023 Update: The following week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy application that was filed by J&J subsidiary LTL Management. In the meantime, however, LTL Management has filed an Order that requires both parties to participate in a new settlement negotiation in the hope that it will be possible to reach a global settlement agreement been reached.
May 5th 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer from asbestos exposure. Talc lawsuits. Over 2700 people have sued the firm and the company was paying $1 million per month to defend itself. The company’s recent $29 million verdict on the state of South Carolina forced it to file for bankruptcy protection, arguing for a fair distribution of assets among talc claimants instead of being confiscated through the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of legal proceedings.
May 4 2023 update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume negotiations with lawyers who have rejected the proposed $8.9 billion deal. At Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps for the second bankruptcy case and Judge Kaplan has pushed for further settlement talks.
This is the solution to resolve the claims of J&J. The baby powder settlement is likely to be made. Talc lawsuits. However, it will require additional money – perhaps billions of dollars – from Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not all clients view the issue the same way their attorney does. This second case of bankruptcy is bound to be a failure and Judge Kaplan has scheduled a hearing in June to determine whether to discharge the bankruptcy for the 2nd time.
May 3, 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) requested an order from J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation over talc products. The group representing claimants for talc made a motion Tuesday requesting to the Third Circuit to consider their case and to send it back an earlier court, with instructions for dismissing the bankruptcy. Talc lawsuits. They also requested that the lawsuit against the halted torts of J&J should be permitted to continue.
LTL requested Chapter 11 protection once again following its bankruptcy filing that was denied by the Third Circuit earlier this year which offered a $8.9 billion payment. The committee believes that the recent ruling which allowed the second Chapter 11 to continue, and also stopping trials against J&J is a reason for immediate Third Circuit review. The US Trustee also asked that be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a response in the appeals court, saying that the filing is a “desperate and legally flawed plan” by a handful of law firms with competing financial interests.
May 1st 2023 Update: A question people keep asking is how plaintiffs and their attorneys turn on $8.9 billion. That’s of course quite a sum. But there are plenty of victims. Talc lawsuits. These are an excellent case 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 was settled with a verdict of $18.1 million. In the same month, a different talc mesothelioma case went to the court within South Carolina and resulted in an award of $29 million for the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the top manufacturers of talc in U.S.
April 30 2023 Update: When J&J initially tried to take the talcum powder litigation into bankruptcy, it was met with an offer to set aside $2 billion for settlements. The amount was absurdly low. All of the talc plaintiffs were in favor of the offer. However, this time, 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 large section of the talc victims and their lawyers. Talc lawsuits. However, 75% of plaintiffs who are a talc, which is necessary for bankruptcy plan approval, it a tough road due to the sheer number of lawyers with vast collections of baby powder lawsuits that are opposed to the settlement.
What could solve the impasse? More billions.
April 25, 2023 Update Talc patients have asked a judge to disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, saying the company is not financially strained. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc lawsuits. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January, saying the company was not eligible for bankruptcy relief because it failed to show financial distress.
The plaintiffs argue that LTL’s 2nd Chapter 11 case is an overreach of the bankruptcy system, and that it is being pursued in bad good faith. J&J says the bankruptcy settlement receives “significant support” from the firms that represent about 60,000 potential people who are claiming. It’s fair to say that the plaintiffs’ attorneys and the victims are split over this $8.9 billion deal.
April 21, 2023 Update: A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits alleging that it sold a baby powder that contained a chemical that causes cancer. While trials in the lawsuits involving talc are delayed for at least 60 calendar days and new lawsuits are able to be filed, and lawyers can begin preparing their cases. Talc lawsuits. The judge expressed skepticism over J&J’s ridiculous effort to relaunch its strategy in a second bankruptcy trial.
April 13 2023 update: the big news is the $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer patients who are part of the MDL class action have promised to fight the settlement alongside Talc claimants. Why? They think it is too little money for the 70,000 victims who have cancer. Talc lawsuits. These lawyers believe that J&J should seek a bigger settlement or even litigate individual claims if the latest bankruptcy is thrown out.
But there’s a separate group of lawyers outside of the leadership of the class action. They have amassed tens of thousands of cases. The group is seeking to settle now for what many argue is far less than what these victims deserve. Their argument is two-fold. They argue that the settlement – about 100,000 dollars per plaintiff – is fair.
This is an argument that is difficult to present. However, their second argument has more force: the victims can now not wait and they want to get their money right now.
April 12, 2023 Update: People are seeking out how J&J can go through bankruptcy once more. The answer is complex and convoluted. Let’s try to clarify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to settle both present and future talc lawsuits conclusively. In other words, it thinks it will pay less in the event of a bankruptcy component that applies pressure to negotiate a settlement. Talc lawsuits. Going back to 400 years of American time, the business believes that bankruptcy is beneficial to all parties as it distributes settlement payments more evenly and effectively than trial courts, which are where litigants get significant payouts, while others are left with nothing.
The essence in the 3rd Circuit decision was this isn’t a case that involves a profitable company making an entity to assume the legal burden and declare bankruptcy Congress thought of when drafting its Bankruptcy Code. But it also said it was not financially difficulty due to the fact that J&J assured it of unlimited funding.
This is why J&J jumped on the funding unlimited part of the agreement but did not pledge that it would provide unlimited funds for lawsuits. The company claims that updated financing arrangements with its subsidiary will address concerns of the appellate court, while providing funds for claims. As if providing victims with lesser money could solve the underlying issue.
Lawyers representing cancer victims who oppose the deal counter the agreement with what is the legal argument. Talc lawsuits. They counter with legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole was not spared attorneys representing the victims claim it the biggest “fraudulent transfer of assets in United States history.”
Despite the legal jargon, J&J does not really think this bankruptcy will survive. It is however a method to try and push the $8.9 billion settlement to keep pressure on plaintiffs.
April 10, 2023 update: Bloomberg offers an informative article about a new law of New Jersey that is shedding new light on litigation funding in the baby powder Class action suit. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a percentage of any settlements. J&J has now offered the payment of $8.9 billion to settle any lawsuits.
The funders’ involvement is made public because of a New Jersey court rule requiring the release of certain details about outside funding backers. The rule aims to address the rising calls for regulation of litigation funders. J&J is facing more than 60,000 claims when you add up state and federal child powder-related lawsuits. Third-party funding for mass tort lawsuits is not without its pros and pros and. However, there is no doubt that we are seeing how third-party funding could level the playing field for individuals and big companies in the courtroom.
April 4, 2023 Update: It’s enjoyable to see the worm turn in this legal battle. J&J has taken another blow this week, when they were denied by the Third Circuit denied J&J’s request to keep the automatic stay in place during the time that J&J appeals a bankruptcy decision before the U.S. Supreme Court. It has halted thousands of talcum powder cases and stopped the filing of new lawsuits ever since J&J began the controversial plan to spin the talc liability off into a bankrupt subsidiary over one year earlier. Talc lawsuits. After the 3rd Circuit ruled that this bankruptcy was insufficient a few months ago, the stay was lifted. J&J wanted to see it stayed in place until an appeal to the SCOTUS appeal. However, the answer was no.
April 1, 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 officially lifted, the very first new cases were filed and incorporated into the Talcum Powder class action MDL in the space of a year. Seven new talc lawsuits have been added to the MDL in the last month and brought the total number of pending cases up to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee is now demanding that authorities from the U.S. Government Accountability Office (GAO) start an investigation into the cost J&J talc products have cost the government over the decades.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of failing to recognize the dangers of its talc-based products for long while tax dollars utilized to treat people injured by exposure to the products. This lawsuit comes a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Talc lawsuits. J&J needs to start making fair settlement offers to victims to begin getting this behind it. It is a stain on one of the most prestigious companies.
February 14 2023 Update: At an appearance today 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 lawsuits. 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!
>>> Talc Lawsuits