You May be Entitled to Significant Compensation Talc ovarian cancer link. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed talc settlement will be worth 400 million dollars to US state AGs. Talc Ovarian Cancer Link .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of a wider $8.9 billion deal to settle allegations that it’s Baby Powder and other talc products cause cancer. Talc ovarian cancer link.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay for different types of cancer victims as part of an arrangement for bankruptcy. Talc ovarian cancer link. J&J has said that its Talc products are safe and don’t cause cancer. It is attempting for the second time to end more than 38,000 lawsuits filed in bankruptcy and stop new cases from arising in the near future.
LTL’s bankruptcy plans would deposit $400 million into a separate trust for lawsuits filed by state attorneys general claiming that J&J was in violation of laws against unfair business practices in the State of New York as well as consumer protection laws, by deceiving consumers about the security of its talc-based products.
A number of states had already initiated consumer protection cases against J&J prior to LTL’s bankruptcy filing prevented those investigations from progressing in 2021. Talc ovarian cancer link. New Mexico and Mississippi had already launched lawsuits for damages against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands in LTL’s court papers.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy along with cancer sufferers as well as those affected by cancer and the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a successful firm like J&J does not qualify for bankruptcy protections intended for those struggling with debt.
LTL’s first attempt at resolving the bankruptcy lawsuits was thrown out after similar arguments, when a U.S. appeals court determined the LTL wasn’t in “financial difficulty” and was not eligible to receive bankruptcy relief. Talc ovarian cancer link. LTL filed a second bankruptcy in just two hours following the dismissal, saying that its second attempt was different due to the fact that there was less money available and more backing for an agreement.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of state law enforcement authorities by attempting unilaterally to cap LTL’s liability to state consumer protection laws.
Talc Ovarian Cancer Link
LTL’s recent filings also provided more information on the way in which the company will evaluate and pay cancer claims in the event that the bankruptcy plan is approved.
The maximum amount under the settlement would be $500,000 to those diagnosed with mesothelioma terminal prior to age 45. Talc ovarian cancer link. The second payment would be $260,000 for patients diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement applies discounts depending on the kind and severity of the cancer, the person’s years of age, their history of usage of talc and other variables. Talc ovarian cancer link. For example the case of a woman who used the talc product on a regular basis, had a family history of ovarian cancer and was diagnosed with the stage 2 ovarian cancer at age 55 may qualify for a $21,125 payout under the settlement plan.
Judge decides J&J and talc oppositionists to discuss settlement negotiations.
After another round of hearings in Johnson &Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the move to conduct settlement talks, Bloomberg reports.
With its second bankruptcy bid for LTL Management, a subsidiary created by J&J to manage the claims company made a settlement offer of $8.9 billion. Talc ovarian cancer link. While a firm representing plaintiffs supports the settlement, a different group opposes the deal.
This week, the opposition group, dubbed the Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition asserting that LTL is not considered to be financially distressed.
“The filing is a desperate and legally ineffective attempt by a few of law firms to try to block claimants from voting on the resolution, which the vast and growing majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Talc ovarian cancer link. “The law firms that are behind these filings have interests in finance that clash with, differ from and oppose the interests of their clients. We’ll submit a response to the appellate court.”
Talc ovarian cancer link. Clay Thompson, a lawyer for MRHFM which boasts more than mesothelioma patients who have sued J&J for bankruptcy, told the second bankruptcy attempt of J&J will fail.
“J&J issue press releases that boast about how amazing the plan is but simultaneously insisting that the details of its plan–including the treatment individuals with illnesses would receive–be kept secret,” Thompson said in an announcement. “What do they have to conceal?”
Kaplan has commanded the parties to create a restructuring plan, with the oversight from two mediators.
On February 20, 2022 Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the hundreds of thousands of claims concerning its talcum products.
However, in January of this year a federal appeals court overturned the decision, ruling that the company was not able to be considered in “financial financial distress.”
In the event that J&J’s request to make an appeal before the U.S. Supreme Court was denied the same month, J&J declared bankruptcy about two hours later. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow another bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B the talc litigation cost.
Through Two Chapter 11 attempts, J&J has been able to buy 19 months in which the cases were suspended. Talc ovarian cancer link. The company wants claimants to take a vote to accept their settlement. J&J will require 75% acceptance in order for the agreement to be accepted.
In addition to the gang of talc attorneys who have panned the company’s bankruptcy 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 bankruptcy second case.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest, but naive debtors.” Those doors “are not accessible to those that do not have a legitimate objective or seek to use bankruptcy to delay or hinder their creditors.” Vara continued.
On the other hand, J&J maintains there is no proof conclusive that their Talc products, which includes its popular baby powder cause cancer. J&J has been taking the products from the market and will first launch them for North America in 2020–and the remainder of the globe later this year.
J&J wants to avoid the expense of going to court. It has prevailed in the majority of cases that have been decided in court, however certain losses have been punishing.
A high-profile trial in Missouri led to a $4.7 billion verdict against the drugmaker that was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial involving talc that are on appeal or have been concluded. Out of 41 trials 32 have ended in winning for J&J either through a mistrial or plaintiff verdicts that were annulled on appeal. Talc ovarian cancer link. The company also in 2020 moved to settle around 1,000 cases worth $110 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Ovarian Cancer Link
Our lawyers are handling the baby powder litigation in every state. The talcum powder lawsuits against Johnson & Johnson have been ongoing for many years. Talc ovarian cancer link. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient found in products such as Baby Powder as well as Shower to Shower, can cause cancer of the ovary in certain women.
This page gives a J&J Talc Power litigation update and provides an overview of how the upcoming bankruptcy ruling impacts the ultimate settlement amounts in these cases of ovarian cancer.
Has the deadline passed for you to make a claim for talcum powder? Many who believe the time limit has expired to sue Johnson & Johnson are wrong. Call us at 800-553-882 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Ovarian Cancer Link
June 2 2023 Update: During the trial for asbestos-containing talc which took place in California yesterday, some technical glitches interrupted the opening statement by the defense attorneys. Talc ovarian cancer link. Jurors who were watching from home via Zoom and hearing the Johnson &Johnson’s lawyer express doubt about the science of the 70s asserting the presence of asbestos in their product before the proceedings abruptly ended.
In the meantime, the plaintiff was able to present an initial witness Arthur Langer. Langer explained that the existence of other minerals alongside the talc’s mineral content is inevitable. He claimed that his group was notified by J&J in 1971 of the presence of asbestos chrysotile in the talc produced by the company, although with just 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update Talc ovarian cancer link. The first trial since J&J decided to spin off its talc segment and file for bankruptcy marks an important moment in the ongoing talc litigation drama. Trial started on Monday in the poignant case of a young, 24-year-old plaintiff, diagnosed with an aggressive and rare form of mesothelioma in the past year, which lawyers on both sides believe is a grave tragedy.
The opening statements exposed the stark differences in each side’s narrative. The attorney for the plaintiff took aim at Johnson & Johnson, alleging the use of misleading tactics in research practices and throughout the litigation process. In the words of attorney the company attempted to manipulate the definition of asbestos, despite internal documents from between 1978 and 1994 that showed asbestos fibers that were found in the tissue of the plaintiffs are included.
Johnson & Johnson’s uncertain $8.9 billion settlement is hanging in the balance as we progression of this trial. Despite the distinctive nature of this mesothelioma case and the unique issues it faces compared to most talcum powder lawsuits ruling in favor of the plaintiff could be the company with a major setback in its hopes for broad acceptance of the settlement they have proposed among plaintiffs.
May 31 2023 Update: Johnson and Johnson’s bankrupt talc unit vigorously defended it’s two-time Chapter 11 filing in the opposition of the talc injury plaintiffs. In an appeal to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing was vastly different from the prior filing. It emphasized the unprecedented commitment of $8.9 billion in settlement from J&J the largest ever settlement in a mass tort bankruptcy case. Talc ovarian cancer link. It was not mentioned how this amount signifies that it’s a fair settlement. J&J also claimed support from a variety of plaintiffs’ law firms representing over sixty thousand claimants. This is not easy to confirm but is probably incorrect.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the first trial regarding its cosmetic talc products allegedly comprised of asbestos is set to start jury selection on Monday, May 24, California at Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff claims his mesothelioma is the result of asbestos exposure from J&J’s products, an allegation that the company has denied. The trial also includes six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are disputing who should be appointed to the role of future claims representative. This is the role is crucially critical to resolving Talc claims. Talc ovarian cancer link. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country was appointed as the claims representative in the initial bankruptcy. J&J’s defense team wants Ellis to be appointed to that role again, but lawyers for the talc plaintiffs have raised objections to the claim that Ellis has an unrelated conflict of interest which should stop her from being appointed to that post for the second time. The issue stems from the issue that Ellis was apparently involved in the drafting of the highly litigated second bankruptcy, which raises doubts about her capacity to be neutral. The reality is the bankruptcy will get dismissed anyway.
May 17, 2023 Update The pretend company J&J made up to settle the talc litigation bankruptcy disclosed to an New Jersey bankruptcy court that they have set aside $400 million to settle allegations made by states who accuse the company of misleading advertising for its talc products. Talc ovarian cancer link. That’s an $8.5 billion settlement for cancer victims. It is hard to imagine the scenario in which J&J can get the settlements of baby powder through given these numbers. While J&J’s proposed $8.5 billion offer sounds like a lot at first, it does not appear appealing when you consider the math. This settlement offer based on our rough calculations would not pay victims much more than an average settlement $100,000 per instance. It’s not enough.
May 15 2023 Update: J&J might be facing suit from an advocacy group representing cancer victims. Talc ovarian cancer link. The group claims J&J deliberately withdrew the $61.5 billion contract for funding together with its parent company, LTL Management LLC, to simulate financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action is equivalent to a fraudulent transfer of rights of compensation for victims. They will investigate J&J’s actions following of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: During the next week this week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy application from J&J subsidiary LTL Management. In the meantime, however it has approved an Order which requires both sides to participate in a new settlement negotiation in the hope that an international settlement agreement can be been reached.
May 5 2023 Update: The talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer due to asbestos exposure. Talc ovarian cancer link. More than 2700 people have filed lawsuits against the company, and it was paying $1 million per month for legal defense. The company’s recent $29million settlement in South Carolina forced it to file for bankruptcy protection, arguing that assets should be distributed in an equitable manner among talc claimants instead of being taken over by the receiver. Other suppliers of talc have filed for bankruptcy due to legal proceedings.
May 4, 2023 Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen settlement discussions with lawyers who turned down the company’s proposed $8.9 billion settlement offer. It was in Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps in this second case of bankruptcy. Judge Kaplan pushed more settlement talks.
This is the best way to settle these claims with J&J. A settlement for baby powder can be achieved. Talc ovarian cancer link. However, it’ll require more money – more billions of dollars of Johnson & Johnson.
Lawyers are split on whether or not to accept the plan and not all clients view the issue the same way their lawyer sees it. The second bankruptcy case is destined to fail with Judge Kaplan has set a date for a hearing in June to decide whether to discharge the bankruptcy for the 2nd time.
May 3 2023 Update A 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 attempts to block litigation over talc products. The group representing claimants for talc made a motion Tuesday requesting the Third Circuit to consider their appeal and return the case an earlier court, with instructions to dismiss the bankruptcy. Talc ovarian cancer link. They also asked that halted tort litigation against J&J allow the litigation to proceed.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year with an $8.9 billion settlement. The committee believes that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, and also stopping trials against J&J is a reason for the immediate Third Circuit review. The US Trustee also requested that be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation, Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a statement in the appeals court saying that the filing is an “desperate and legally insufficient plan” by a small number of law firms who have competing financial interests.
May 1st 2023 Update: A question people keep asking is how could plaintiffs and their lawyers turn down $8.9 billion. Of course, that’s a lot of money. But there are a lot of victims. Talc ovarian cancer link. And these are really good cases for plaintiffs. We were reminded of this last week with two talc trials have resulted in huge verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon resulted in a verdict that was $18.1 million. The following month, a second mesothelioma talc case was brought to trials in South Carolina and resulted in an award of $29 million on behalf of the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. one of the largest producers of talc in the U.S.
April 30th 2023 Update: When J&J first tried to bring the lawsuit over talcum powder into bankruptcy, it came with an offer to put aside $2 billion to settle the case. The sum was ridiculously low. All of the talc plaintiffs believed in the proposal. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs are willing to accept bankruptcy settlements and they also have the backing of a significant section of the talc victims and their lawyers. Talc ovarian cancer link. However, 75% of talc plaintiffs, which is needed for approval of the bankruptcy plan It’s a long and difficult process due to the sheer number of lawyers with large inventory of baby powder lawsuits opposed towards the agreement.
What can be done to end the impasse? More billions.
April 25, 2023 Update Talc cancer claimants have sought a court order to disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc ovarian cancer link. The 3rd Circuit dismissed its first Chapter 11 case in January and said that the company was not eligible for bankruptcy relief because it did not show financial trouble.
The claimants assert that LTL’s 2nd Chapter 11 case is an abuse of the bankruptcy system, and that it is being pursued in bad good faith. J&J states that the bankruptcy settlement receives “significant backing” from firms representing approximately 60,000 claimants. It’s safe to say that lawyers representing plaintiffs and victims ‘ lawyers are divided on this $8.9 billion deal.
April 21st, 2023 Update A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that it sold baby powder that was contaminated and causing cancer. Even though trials for the lawsuits involving talc are delayed for at least 60 calendar days and new lawsuits are able to be filed, and lawyers are able to begin preparing their cases. Talc ovarian cancer link. The judge expressed skepticism over J&J’s absurd attempt to revive its plan with a second bankruptcy trial.
April 13 2023 update: the most important news is the $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer victims who are part of MDL class action MDL class action have promised to fight the settlement alongside those who claim talc. Why? They feel it’s not enough for those suffering from cancer who are 70,000. Talc ovarian cancer link. These lawyers argue that J&J should negotiate a larger settlement or settle individual claims if the latest bankruptcy is declared unconstitutional.
However, there is a second set of lawyers who are not part of the leadership of that class action. These lawyers have collectively amassed the equivalent of tens of thousands of lawsuits. The group is seeking to settle the case now with what they believe is less than these victims deserve. Their argument appears to be two-fold. The first is that they claim the settlement – which amounts to 100 million dollars on average per plaintiff – is fair.
That is a hard argument to prove. But their second argument has more substance: the victims will be no longer patient and demand the money immediately.
April 12 2023 Update: Some people are seeking out how J&J is able to file for bankruptcy again. The answer is complicated and confusing. But let’s try to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only way to settle both present and future talc-related lawsuits definitively. Also, it thinks it will pay less in the event of a bankruptcy element that creates pressure to settle. Talc ovarian cancer link. Driving past hundreds of years of American history, the firm believes that bankruptcy is beneficial to all parties by distributing settlements more equally and efficiently than trial courts, where some litigants receive significant payouts, while others are left with nothing.
The essence in this 3rd Circuit decision was this is not a case – an enterprise that is profitable, forming an entity to assume the legal risk and declare bankruptcy – Congress considered when it was drafting the Bankruptcy Code. But it also said the company was financially trouble because J&J promised unlimited funding.
This is why J&J took advantage of the funding unlimited part of the agreement and did not promise that it would provide unlimited funds for lawsuits. The company claims that updated financing arrangements with its subsidiary address the appeals court’s concerns, while offering funds to pay claims. As if offering victims lesser money could solve the underlying issue.
Lawyers representing cancer victims who oppose the agreement counter this by arguing that the plaintiff is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s earlier ruling. The hyperbole wasn’t spared by the victims’ lawyers, who call it the biggest “fraudulent deal in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe this bankruptcy will be able to last. But it’s a way of pushing this $8.9 billion settlement to keep pressure on plaintiffs.
April 10 2023, Update Bloomberg provides an insightful report on a brand new law of New Jersey that is shedding new light on the funding of litigation in the suit for class actions. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) over talc products in exchange for a portion of any winnings. J&J is now offering to pay $8.9 billion to settle any lawsuits.
The funders’ involvement is made public due to the New Jersey court rule requiring the release of certain details about outside funding backers. The rule aims to respond to the increasing calls for the regulation of lawsuit funders. J&J has more than 60,000 claims when you add up federal and state Baby Powder lawsuits. Third-party funding in mass tort claims has both pros and pros and. There is no doubt that we are witnessing how third-party financing can help level the playing field for individuals and large corporations in the courtroom.
April 4 2023 Update: It’s enjoyable to see the worm turn in this case. J&J suffered another setback this week, when it was found that the Third Circuit denied J&J’s request to keep the automatic stay in place as J&J appeals a bankruptcy ruling before the U.S. Supreme Court. Automatic stays have frozen the cases of talcum powder in a number of years and stopped new lawsuits from being filed ever since J&J initiated the controversial effort to spin the talc debts off into a bankrupt subsidiary more than a year in the past. Talc ovarian cancer link. When the 3rd Circuit ruled that this bankruptcy was not valid some months ago, the stay was revoked. J&J had hoped to have it remain in effect until an appeal to the SCOTUS appeal. But 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. The chance of the Supreme Court is willing even to consider the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay now officially lifted, the first new cases have been filed and transferred into the class action involving talcum powder MDL within a year. Seven new talc cases were added to the MDL in the last month increasing the number of cases in the pending process up to 37,522.
February 25 2023 Update The following information is available: A Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) start an investigation to determine how much J&J products containing talc have cost the government in the decades.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of ignoring the dangers of its talc products for years while tax dollars were used to treat those who were injured through exposure to the product. The lawsuit comes just a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Talc ovarian cancer link. J&J must begin making fair settlement offers for victims in order getting this behind it. This is a blemish on one of the most prestigious companies.
February 14 2023 Update: During the hearing held 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 ovarian cancer link. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!