You May be Entitled to Significant Compensation Talc makeup dangers. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed talc settlement would make payments of $440 million US state AGs. Talc Makeup Dangers .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of its wider $8.9 billion deal to settle allegations that it’s Baby Powder and other talc-based products cause cancer. Talc makeup dangers.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay different types of cancer victims in an arrangement for bankruptcy. Talc makeup dangers. J&J has said that its talc products are safe and will not cause cancer. J&J is seeking a second time to resolve more than 38,000 cases in bankruptcy and stop new cases from being filed in the near future.
The bankruptcy plan of LTL would pay $400 million into an additional trust to settle lawsuits filed with state attorneys general alleging that J&J was in violation of the state’s unfair commercial practices as well as consumer protection laws through misleading consumers regarding the security of its talc-based products.
Many states had initiated consumer protection actions against J&J before LTL’s first bankruptcy filing stopped those investigations from progressing in 2021. Talc makeup dangers. New Mexico and Mississippi had already initiated lawsuits 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, according to LTL’s court papers.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL as well as cancer patients and their counterparts from the U.S. Justice Department’s bankruptcy watchdog. They have argued that a successful firm like J&J does not qualify for bankruptcy protections meant for people with debt problems.
The first attempt by LTL to resolve the bankruptcy cases was dismissed following similar arguments, when a U.S. appellate court decided that LTL wasn’t in “financial distress” and ineligible of bankruptcy protection. Talc makeup dangers. LTL declared bankruptcy a second time within two hours of that dismissal, arguing that its second attempt was different due to the fact that it had less money available and more backing for an agreement.
New Mexico and Mississippi said in their motion to dismiss LTL’s bankruptcy renewal violates the state’s law enforcement authority in attempting to unilaterally limit LTL’s liability to state consumer protection actions.
Talc Makeup Dangers
The filings of LTL’s latest bankruptcy proceedings also include more information on how the company plans to evaluate and pay cancer claims should the bankruptcy plan be approved.
The largest amount of money under the settlement will be $500,000 for those diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for patients diagnosed with terminal ovarian cancer before age 45.
The proposed settlement will offer discounts based on the severity and type of the cancer, the person’s age, the history of the use of talc, and other aspects. Talc makeup dangers. For example the case of a woman who used talc products weekly, had a family history of ovarian cancer and was diagnosed with Stage II cancer of the ovary at the age of 55 may be eligible for a $21,125 payment under the program.
Judge orders J&J and talc opponents participate in settlement talks.
After another round of hearings in Johnson & Johnson’s effort to use a Texas Two-Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the plan to hold negotiations to settle the matter, Bloomberg reports.
In its second bankruptcy effort for LTL Management–a subsidiary established by J&J to manage the claims company offered a settlement of $8.9 billion. Talc makeup dangers. While one group of law firms representing plaintiffs agree with the settlement, a different group is opposed to the offer.
In the last week, an opposition group, called”the Official Committee of Talc Claimants requested the bankruptcy court for dismissal of the matter asserting that LTL cannot be regarded as in financial distress.
“The filing is an unjust and legally flawed attempt by a handful of law firms to try to stop claimants from voting on the resolution, which that the overwhelming majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc makeup dangers. “The law firms behind the filing are pursuing financial interests which do not align with, contradict and oppose the interests of their clients. We’ll be submitting an appeal before the court of appeals.”
Talc makeup dangers. Clay Thompson, a lawyer for MRHFM who boasts more than mesothelioma victims who have filed lawsuits against J&J, said that the second bankruptcy attempt of J&J failed.
“J&J sends out press releases that boast about how amazing its plan is while simultaneously requesting that details of the plan, such as what individuals with illnesses would be treated to,” Thompson said in a statement. “What is J&J’s plan to keep secret?”
Kaplan has directed the parties to devise a second arrangement plan under the oversight of two mediators.
As of February 2022 Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that would free the company from the hundreds of thousands of claims over its talcum products.
But in January of this year an appeals court of the federal government overturned the decision, ruling that the business could not be considered in “financial distress.”
When J&J’s attempt to challenge the U.S. Supreme Court was denied at the end of April J&J applied for its first bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to grant another bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B talc litigation charge.
In the Two Chapter 11 attempts, J&J has bought 19 months during which cases were put on hold. Talc makeup dangers. The company is requesting that claimants take a vote to accept their settlement. J&J needs 75% acceptance for the settlement to be approved.
In addition to the gang of talc lawyers that criticized LTL’s bankruptcy plan as well, the U.S. Trustee, a branch of the U.S. Department of Justice is also submitting an appeal to dismiss LTL’s second bankruptcy case.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest, but naive debtors.” These doors “are not available to anyone that don’t have a legitimate bankruptcy objective or seek to take advantage of the bankruptcy process to hinder or delay their creditors,” Vara continued.
In its own words, J&J maintains there is no conclusive evidence that its Talc-based products, such as the famous baby powder, can cause cancer. J&J has been taking the products of the market, first for North America in 2020–and the rest of the world next year.
J&J wants to avoid the expense of going to trial. The company has won most of the cases decided in court, however some losses have been very punishing.
A highly publicized trial in Missouri produced a $4.7 billion verdict against the drugmaker and was later lowered 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 trial cases in talc which are being appealed or concluded. Out of 41 trials, 32 have resulted in winning for J&J or a mistrial, or plaintiff verdict that was dismissed on appeal. Talc makeup dangers. The company also in 2020 sought to settle over 1,000 cases for $110 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Makeup Dangers
Our lawyers handle the baby powder litigation in every state. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been ongoing for many years. Talc makeup dangers. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products such as baby Powder as well as Shower to Shower which can cause ovarian cancer in certain women.
This page gives the J&J Talc Power Update and examines how the coming bankruptcy ruling affects the final settlement amount of these Ovarian Cancer lawsuits.
Has the deadline passed for you to file a talcum powder lawsuit? Many who believe the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Call us at 800-553-882 or get a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Makeup Dangers
June 2 2023 Update: In an asbestos talc court trial held which took place in California yesterday, a couple of technical issues disrupted the opening speech of defense lawyers. Talc makeup dangers. The jurors, attending at home via Zoom however, heard Johnson & Johnson’s lawyer expressing doubts about the 70s research asserting the presence of asbestos in their product before the proceedings abruptly ended.
The plaintiff had the opportunity to introduce its first expert witness Arthur Langer. Langer stated that the presence of additional minerals along with talc is expected. He said that his team was notified by J&J in the year 1971 about the presence of asbestos chrysotile in the talc manufactured by the company, though in lesser than 0.1 percent. He also uncovered more asbestos in 1976.
June 1, 2023 Update: Talc makeup dangers. First trial after J&J took the decision to disband its talc division, and then declare bankrupt is an important moment for the ongoing litigation drama. Trial started on Monday in the tragic case of a young, 24-year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma in the past year, an illness that lawyers on both sides acknowledge is a tragic loss.
The opening statements exposed the huge differences between the sides’ narrative. The attorney representing the plaintiff took aim towards Johnson & Johnson, alleging the use of deceptive methods in their research practices as well as throughout the litigation process. In the words of attorney the company attempted to manipulate the definition of asbestos in spite of internal documents dating from the year 1978 and 1994 indicating that asbestos fibers that were found in the tissue of the plaintiff are included.
Johnson &J’s tangled $8.9 billion settlement offer hangs in the balance as we progression of this trial. Despite the particularity of the mesothelioma trial and its distinct issues compared to other lawsuits involving talcum powder, a verdict favoring the plaintiff could inflict the company with a major setback in its expectations of widespread acceptance of their proposed settlement with plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupt talc division vigorously defended its second Chapter 11 filing in the opposition of the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, the company argued that the filing was fundamentally different from the prior filing. It highlighted the extraordinary commitment of $8.9 billion from J&J which is the biggest settlement ever to be made in an bankruptcy case involving mass torts. Talc makeup dangers. There was no mention of how the amount 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 difficult to verify however it is likely to be incorrect.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the first trial on its cosmetic talc items allegedly containing asbestos is set to start jury selection Monday, California with Alameda County Superior Court, a historically good location for plaintiffs. The plaintiff asserts that his mesothelioma is the result of asbestos exposure through J&J’s products which J&J 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 battling over who should be appointed to the role of the claims representative in the future, the role is crucially critical to resolving talc claims. Talc makeup dangers. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation, was appointed as the claims representative during the first bankruptcy. J&J’s defense group wants Ellis to be appointed in that position again, but lawyers for the talc plaintiffs have raised objections because Ellis has an interest conflict which would prohibit her from taking on that role for the second time. The conflict stems from the issue that Ellis was involved in drafting the controversially disputable second bankruptcy, which raises concerns regarding her capacity to remain neutral. It’s true that this bankruptcy could be tossed out anyway.
May 17, 2023 Update: The pretend company J&J created for the talc bankruptcy informed the New Jersey bankruptcy court that they have set aside $400 million to settle the claims made by states accusing the company of misleading advertising for its talc products. Talc makeup dangers. It’s a $8.5 billion settlement for cancer patients. It’s hard to imagine an eventuality where J&J can push the baby powder settlements given these numbers. While J&J’s proposed $8.5 billion offer seems like a lot of money initially, it does not look very appealing after you calculate the figures. This settlement proposal – by 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 could be facing lawsuit by an advocacy group that represents cancer victims. Talc makeup dangers. The group argues that J&J deliberately retracted the $61.5 billion funding agreement in conjunction with its affiliate, 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 that this move amounts to a fraudulent transfer of rights of compensation for victims. They are planning to study J&J’s actions as a result of the denial of the first bankruptcy case of LTL.
May 10 2023 Update: During the next week in next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy filing from J&J subsidiary LTL Management. In the meantime, however it has approved an order calling for both parties to participate in a new settlement negotiation in the hope that the global settlement can be reached.
May 5th, 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer due to asbestos exposure. Talc makeup dangers. More than 2700 people have filed lawsuits against the company and the company was paying $1 million per month for 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 for equitable distribution of assets between the claimants of talc instead of being confiscated 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 reopen talks on settlement with lawyers who rejected the company’s $8.9 billion settlement offer. In Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps to take in their second bankruptcy matter. Judge Kaplan encouraged further settlement talks.
This is the way to settle these claims for J&J. The baby powder settlement is likely to be completed. Talc makeup dangers. But it’ll need more money – more billions of dollars from Johnson & Johnson.
Lawyers have a split opinion on whether to take the proposal or not and not every client sees this issue the same way their attorney does. The second bankruptcy case is destined to be a failure the judge Kaplan has set a date for a hearing in June to decide if he will discharge the bankruptcy for the 2nd time.
May 3 2023 Update: A group of cancer patients who have sued Johnson & Johnson (J&J) demanded to have 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 of talc claimants filed a motion on Tuesday asking to the Third Circuit to consider their case and to send it back an earlier court with instructions to discharge the bankruptcy. Talc makeup dangers. The committee also requested that the stoppage of tort litigation against J&J should be permitted to continue.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was denied in the Third Circuit earlier this year with an $8.9 billion payment. The committee argues that the recent ruling which allowed LTL’s third Chapter 11 to continue, and also stopping trials against J&J is a reason for immediate Third Circuit review. The US Trustee also requested that 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 plans to file a reply in the appeals court, declaring the filing an “desperate and legally inadequate plan” by a small number of law firms with conflicting financial interests.
May 1st 2023 Update: One frequently asked question is how could plaintiffs and their attorneys turn off $8.9 billion. Of course, it’s an immense amount of money. There are a lot of victims. Talc makeup dangers. And these are really good claims for plaintiffs. We were reminded of this recently with two talc trials have resulted in huge verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon led to an award worth $18.1 million. A month later, another talc mesothelioma case went to hearing on the other side of South Carolina and resulted in a verdict of $29million to the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. One of the largest suppliers of talc within the U.S.
April 30th 2023 Update: J&J initially attempted to pull the litigation over talcum powder into bankruptcy, it came with the option of putting aside $2 billion to settle the case. This was an absurdly low amount. All of the talc plaintiffs supported the offer. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs are willing to accept bankruptcy settlements and also has the support of a large part of the talc-related plaintiffs as well as their lawyers. Talc makeup dangers. But with 75% of talc plaintiffs, which is required for bankruptcy plan approval is a difficult road due to the sheer number of lawyers with huge stocks of baby powder litigations opposed against the proposed settlement.
What could solve the impasse? More billions.
April 25 2023 Update: Talc patients have sought a court order to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, which claims that the business is not financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talc makeup dangers. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible for bankruptcy relief since it had not demonstrated financial trouble.
The claimants argue that LTL’s Second Chapter 11 case is an overreach of the bankruptcy system and it’s being pursued in bad faith. J&J claims the bankruptcy settlement has “significant backing” from the firms that represent approximately 60,000 claimants. It’s safe to say that the plaintiffs’ attorneys and the victims are split over the $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge decided in favor of Johnson & Johnson must face new lawsuits alleging that it sold baby powder that was contaminated and causing cancer. Even though trials for talc lawsuits are paused for a minimum of 60 days, new lawsuits can be filed and lawyers can begin preparing their cases. Talc makeup dangers. Judges expressed skepticism about J&J’s ridiculous effort to revive its strategy with another bankruptcy case.
April 13th, 2023: Update on the most important story is that there’s an $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer patients involved in MDL class action MDL collective action promised to challenge the settlement Talc claimants. Why? They argue that it’s not enough money for more than 70,000 cancer victims. Talc makeup dangers. These lawyers argue that J&J should negotiate a bigger settlement or pursue individual claims in the event that the latest bankruptcy is dismissed.
But there is another lawyer group that isn’t part of the top leadership in the class action. The lawyers collectively have accumulated tens of thousands of cases. This group wants to settle today for what is believed to be less than these victims deserve. Their argument is two-fold. The first is that they claim the settlement – about the equivalent of $100,000 per plaintiff is fair.
That is a hard argument to make. The second argument is more force: the victims can be no longer patient and demand the money immediately.
April 12 2023 Update: People are looking for ways J&J is able to file for bankruptcy once more. The answer is complicated and confusing. But let’s try to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only method to address both present and future lawsuits involving talc conclusively. It thinks it can get a lower rate when there is the bankruptcy element which applies pressure to negotiate a settlement. Talc makeup dangers. Moving past the 400-year span of American time, the business believes that bankruptcy is beneficial to all parties because it distributes settlements more equally and efficiently than trial courts, where some litigants receive significant payouts, while others are left with nothing.
The basic tenet in this 3rd Circuit decision was this is not a case – a profitable company making subsidiaries to meet the legal burden and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified it was not in financial distress because J&J promised unlimited funding.
This is why J&J took advantage of the unlimited funding aspect of the agreement and didn’t make any promises to fund unlimited the litigation. J&J claims that its modified financing arrangements with its subsidiary addresses the concerns of the appellate court, while providing funds for claims. It’s as if giving victims lesser money could solve the underlying issue.
Lawyers representing cancer patients who do not agree with the agreement counter this with what you conclude is the legal argument. Talc makeup dangers. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous decision. The hyperbole wasn’t spared the lawyers representing victims call it the biggest “fraudulent move of assets in United States history.”
Despite 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 through and maintain the pressure on plaintiffs.
April 10 2023, Update Bloomberg provides an insightful article about a new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the baby powder class action lawsuit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) over talc products in exchange in exchange for a portion of settlements. J&J has now offered the payment of $8.9 billion to settle all lawsuits.
The involvement of funders is publicly available due to a New Jersey court rule requiring the release of certain details about outside funding backers. This rule is intended to respond to the increasing calls for regulation of litigation funders. J&J has more than 60,000 claims when you combine state and federal baby powder lawsuits. Third-party financing in mass tort cases has its pros and pros and. There is no doubt that we are seeing how third-party funding could level the playing field between individuals and big corporations in court.
April 4 2023 Update: It is pleasing to see the worm turn in this lawsuit. J&J suffered another setback this week when the Third Circuit denied J&J’s request to continue the automatic stay in the meantime that J&J appeals a bankruptcy decision to the U.S. Supreme Court. The automatic stay has halted thousands of talcum powder cases and prevented new lawsuits from getting filed ever since J&J initiated the controversial effort to spin the talc liabilities off into a bankrupt entity over one year back. Talc makeup dangers. When it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient a few months ago, the stay was removed. J&J wanted to see it continue in the meantime of the SCOTUS appeal. But, no.
April 1st, 2023 Update Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The chance is that the Supreme Court is willing even to take up the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay now in effect, the first new cases have been filed and transferred into the Talcum Powder class action MDL in just over a year. Seven new talc-related lawsuits were added to the MDL over the last month and brought the total number of cases pending to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee has now demanded that authorities from the U.S. Government Accountability Office (GAO) initiate an investigation into the amount J&J Talc products have cost the government in the decades.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the dangers of its talc products for decades while tax dollars were spent treating those injured by exposure to the chemicals. This lawsuit comes a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talc makeup dangers. J&J has to begin making reasonable settlements to victims to in putting this behind it. It is a stain on one of the greatest companies.
February 14 2023 Update: At an appearance today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc makeup dangers. 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!