Talc Ovarian Cancer Update – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Talc ovarian cancer update. 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 pay $400 million to US state AGs. Talc Ovarian Cancer Update .

Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of a broader $8.9 billion plan to settle allegations that its Baby Powder and other talc items cause cancer. Talc ovarian cancer update.

J&J affiliate 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 update. J&J has stated that its products containing talc are safe and do not cause cancer. It’s trying for another time to settle more than 38,000 lawsuits brought in bankruptcy and prevent new cases from being filed in the future.
The bankruptcy plan of LTL would pay $400 million to an additional trust to settle lawsuits filed from state attorney generals claiming that J&J had violated the state’s unfair commercial practices and consumer protection laws by misinforming consumers regarding the dangers of its talc products.

Some states had started consumer protection lawsuits against J&J before LTL’s first bankruptcy filing prevented these investigations from taking place in 2021. Talc ovarian cancer update. New Mexico and Mississippi had already brought actions in the past against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas, according to LTL’s court filings.

 

 

New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished as well as cancer patients and The U.S. Justice Department’s bankruptcy watchdog. They have claimed that a lucrative company such as J&J cannot benefit from bankruptcy protections meant for people with debt problems.
The company’s initial attempt to resolve the bankruptcy cases was dismissed following similar arguments. In the end, a U.S. appeals court ruled it was not LTL wasn’t in “financial difficulty” and therefore not eligible for bankruptcy protection. Talc ovarian cancer update. LTL had filed for bankruptcy again just over two hours after the dismissal, saying that its second attempt was different in that it had less money and had a greater chance of securing an agreement.

New Mexico and Mississippi said in their motion to dismiss that LTL’s new bankruptcy violates state law enforcement powers by seeking to unilaterally limit the company’s liability for state consumer protection measures.

 

Talc Ovarian Cancer Update

LTL’s recent filings also provided more details on how the company would assess and settle cancer claims in the event that the bankruptcy plan is approved.

The largest amount of money under the settlement would be $500,000 for those diagnosed with terminal mesothelioma before age 45, and $260,000 for those who have been diagnosed with ovarian cancer that is terminal before age 45.

The proposed settlement provides discounts based on the nature and severity of cancer, the patient’s age, history of talc use and other factors. Talc ovarian cancer update. For example, a woman who used talc products on a weekly basis, who had an ovarian cancer family history, cancer and was diagnosed an ovarian cancer stage II by age 55 might qualify for a $21,125 payment according to the plan.

Judge ordains J&J and talc opponents participate in settlement talks.

Following another hearing in Johnson & Johnson’s effort to employ a Texas Two Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the move to conduct settlement talks, Bloomberg reports.

With its second bankruptcy bid for LTL Management–a subsidiary established by J&J to settle claims – the company offered a settlement amounting to $8.9 billion. Talc ovarian cancer update. While one firm representing plaintiffs support the proposal, another group is opposed to the offer.

In the last week, an opposition group, known as the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss the case by argument that LTL is not a factor in financial hardship.

“The filing is a desperate and legally ineffective attempt by a handful of law firms to stop claimants from voting on the resolution, which the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc ovarian cancer update. “The law firms involved in this filing have financial interests that do not align with, diverge from, and oppose the interests which their clientele. We’ll submit an answer in the appeals court.”

Talc ovarian cancer update. Clay Thompson, a lawyer for MRHFM who includes more than patients with mesothelioma who have sued J&J, said that the company’s second bankruptcy try will fail.

“J&J sends out press releases that boast about how amazing its plan is, while demanding that plan details–including what individuals with illnesses would be treated to,” Thompson said in a statement. “What do they have to cover up?”

 

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Kaplan has instructed both sides to create a strategy for reorganization, under the supervision of two mediators.

On February 20, 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.

But in January of this year, a federal appeals court ruled against the ruling, ruling that the firm could not be considered to be in “financial financial distress.”

After J&J’s appeal to the U.S. Supreme Court was turned down on April 1, J&J applied for its first bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow an additional bankruptcy.

J&J’s unstoppable profit machine sputters after $6.9B settlement charge for talc.

In the Two Chapter 11 attempts, J&J has bought 19 months during which cases were put held. Talc ovarian cancer update. J&J wants the claimants to vote on accepting their settlement. J&J will require 75% of the vote for the deal to go through.

In addition to the team of talc lawyers that criticized LTL’s bankruptcy plan as well, the U.S. Trustee, an arm from the U.S. Department of Justice, also filed an application to dismiss LTL’s second bankruptcy.

In a filing this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest but unfortunate debtors.” Those doors “are not accessible to those that do not have a legitimate purpose or that seek to abuse the bankruptcy process to delay or hinder their creditors.” Vara continued.

In its own words, J&J maintains there is no conclusive evidence that its Talc products, which includes its popular baby powder can cause cancer. J&J has taken its products off of the market–first to be available in North America in 2020–and the rest of the world later this year.

J&J intends to steer clear of the costly business of going to trial. J&J has won the majority of the cases that have been resolved at trial, but certain losses have been severe.
A highly publicized trial in Missouri produced an $4.7 billion verdict against the drug maker 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 in appeal or concluded. Of the 41 trials, 32 have ended in winning for J&J either through a mistrial or plaintiff verdict that was dismissed on appeal. Talc ovarian cancer update. In addition, J&J in 2020 sought to settle nearly 1,000 cases worth 100 million dollars, Bloomberg stated at the time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Ovarian Cancer Update

Our lawyers are handling the baby powder litigation in all 50 states. The lawsuits involving talcum powder for Johnson & Johnson have been going on for a long time. Talc ovarian cancer update. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in many products, including the Baby Powder as well as Shower to Shower as well as other products, may cause ovarian cancer in some women.

This page offers a J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling affects the final settlement amount in these Ovarian Cancer lawsuits.

Have you reached the deadline by which you to make a claim for talcum powder? Many people who think the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a no-cost, quick case review online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Ovarian Cancer Update

June 2, 2023 Update: During the asbestos talc case that took place in California yesterday, a couple of technical issues interrupted the opening statement by the defense attorneys. Talc ovarian cancer update. Jurors watching from home via Zoom, did hear Johnson & Johnson’s lawyer voice his doubt about the 70s research affirming the presence of asbestos in their product before the session abruptly ended.

Meanwhile, the plaintiff had the opportunity to present an initial witness Arthur Langer. Langer explained that the existence of other minerals alongside talc is inevitable. He also testified that his team informed J&J in 1971 of the presence of chrysotile asbestos the talc produced by the company, although in less than 0.1 percent. He also discovered more asbestos in 1976.

June 1st, 2023 Update: Talc ovarian cancer update. This is the first court trial that has taken place since J&J decided to spin off its Talc division and declare bankruptcy marks an important turning point for the ongoing litigation story. Trial started on Monday in the heartbreaking case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive form of mesothelioma last year. which both sides believe is a harrowing tragedy.

Opening statements laid bare stark differences in each side’s story. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging that the company employed deceitful strategies in its research practices as well as throughout the litigation procedure. In the words of attorney the company tried to manipulate the definition of asbestos, in spite of internal documents dating from 1978 and 1994 showing that asbestos fibers found in tissue of the plaintiffs are included.

Johnson & Johnson’s precarious $8.9 billion settlement is hanging in the balance as we course of this trial. Despite the distinct nature of the mesothelioma trial and its unique challenges compared to other talcum powder lawsuits, a verdict favoring the plaintiff could inflict an unintended setback to Johnson & J’s hopes for broad acceptance of their proposed settlement with plaintiffs.

May 31 2023 Update: Johnson and Johnson’s bankrupt talc unit vigorously defended its Second Chapter 11 filing in the facing challenges from injured talc claimants. In an appeal to the New Jersey bankruptcy court, the subsidiary argued that the case was vastly different from the earlier filing. It highlighted the extraordinary commitment of $8.9 billion in settlement from J&J, the largest settlement ever in a mass tort bankruptcy case. Talc ovarian cancer update. It was not mentioned how the size of the settlement indicates that it is a fair settlement. J&J also claimed that it received support from various plaintiffs’ law firms representing more than 60,000 claimants. This is hard to verify but it’s likely to be false.

May 24, 2023 Update: Since Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial regarding its cosmetic talc items allegedly comprised of asbestos is set to begin jury selection on Monday, May 24, California within the Alameda County Superior Court, which is a well-known court for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure from J&J’s products which that the company does not deny. The trial also involves six retailers who are accused of selling talc-based products.

May 22, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are now fighting over who should be appointed to the role of a the future claims representative, an important role important to resolving the claim for talc. Talc ovarian cancer update. Randi Ellis, a lawyer who is frequently involved in MDLs across the country, was appointed as the claims representative in the first bankruptcy. J&J’s defense team would like Ellis to be appointed to that role yet again, but the lawyers for the talc plaintiffs are objecting due to the fact that Ellis has an interest conflict that would prevent her from holding that position in the future. The dispute stems from fact that Ellis was reportedly involved in drafting the controversially contested second bankruptcy, which raises concerns about her ability to be neutral. It’s true that this bankruptcy could get dismissed anyway.

May 17th, 2023 Update: The fake company J&J created to handle the bankruptcy of talc disclosed to a New Jersey bankruptcy court that they have designated $400 million to settle the allegations made by states who accuse the company of deceptive advertising for its talc products. Talc ovarian cancer update. So that makes it an $8.5 billion settlement for cancer victims. It’s difficult to imagine the scenario in which J&J can push the baby powder settlements at these numbers. While J&J’s $8.5 billion offer sounds like a huge sum initially, it does not appear appealing when you do the math. This settlement offer based on our rough calculations, would not pay victims much more than $100,000 per instance. That’s not enough.

May 15th 2023 Update: J&J could be facing lawsuit from an advocacy group that represents cancer victims. Talc ovarian cancer update. The group claims that J&J intentionally canceled a $61.5 billion financing agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group claims this decision amounts to a fraudulent transfer of the right to compensation for victims. They intend to investigate 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 next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy petition filed by J&J subsidiaries LTL Management. However, in the meantime it has approved an order which requires both sides to participate in a new settlement mediation with the hopes of achieving it will be possible to reach a global settlement agreement been reached.

May 5 2023 Update: The talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Talc ovarian cancer update. Over 2,700 people have sued the company, and it was paying $1 million per month on legal defense. The company’s most recent $29 million verdict on the state of South Carolina forced it to pursue bankruptcy protection, and arguing for a fair distribution of assets between the claimants of talc instead of being taken over from the receiver. Other talc suppliers have also declared bankruptcy because of the litigation.

May 4 2023 Update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to reopen talks with lawyers who rejected Johnson & Johnson’s $8.9 billion settlement offer. It was in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps to take in the second bankruptcy case. Judge Kaplan was pushing for more settlement discussions.

This is the answer to settle these claims with J&J. The baby powder settlement is likely to be made. Talc ovarian cancer update. But it’ll need more money, more billions of dollars coming from Johnson & Johnson.

Lawyers have a split opinion on whether to accept the proposal and not every client views the situation the same way their lawyer views it. A second bankruptcy proceeding is destined to fail, as Judge Kaplan has set a date for a hearing in June to determine whether to remove the bankruptcy after the second.

May 3, 2023 Update: A group of cancer patients suing Johnson & Johnson (J&J) requested an order from they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation involving talc products. The group of talc claimants made a motion Tuesday requesting that the Third Circuit to consider their case and send it back the lower court, with instructions to discharge the bankruptcy. Talc ovarian cancer update. They also asked that lawsuit against the halted torts of J&J allow the litigation to continue.
LTL applied for Chapter 11 protection once again following its bankruptcy filing that was denied in the Third Circuit earlier this year, offering an $8.9 billion payment. The committee says that the recent decision allowing LTL’s third Chapter 11 to continue, in addition to halting trials against J&J, warrants urgent Third Circuit review. The US Trustee has also requested the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation, Erik Haas, was quoted by Bloomberg saying that J&J plans to file a response in the appeals court characterizing the filing as a “desperate and legally deficient move” by a handful of law firms with competing financial interests.
May 1 2023 Update: One question people keep asking is how plaintiffs and their lawyers turn on $8.9 billion. Of course, that is quite a sum. But there are a lot of victims. Talc ovarian cancer update. These are actually a good case for plaintiffs. We were reminded of this last week in two talc trials which resulted in big verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon ended in an award worth $18.1 million. The following month, a second mesothelioma trial involving talc was held for the court on the other side of South Carolina and resulted in the verdict of $29 million on behalf of the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc., one of the top producers of talc in the U.S.
April 30th 2023 Update: In the year 2023, when J&J first attempted to drag the talcum powder lawsuit into bankruptcy, it did so with the option of putting aside $2 billion to settle the case. This was an absurdly low amount. None of the talc plaintiffs agreed with it. This time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and they have the support of a large part of the talc-related plaintiffs as well as their lawyers. Talc ovarian cancer update. However, 75% of talc plaintiffs, which is required for bankruptcy plan approval is not an easy task due to the sheer number of lawyers with huge inventory of baby powder lawsuits opposed to the settlement.

What could solve the impasse? More billions.
April 25, 2023 Update Talc cancer claimants have requested a judge 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 troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Talc ovarian cancer update. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company was not eligible for bankruptcy relief since it was unable to demonstrate financial stress.

The claimants argue that the 2nd Chapter 11 case is an abuse of the bankruptcy system and it is being pursued in bad good faith. J&J states that the bankruptcy settlement receives “significant backing” from companies representing around 60,000 people who are claiming. It’s safe to say that plaintiffs’ lawyers and victims ‘ lawyers are not united over the $8.9 billion settlement offer.

April 21, 2023 Update: A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that the company offered a baby powder with a contaminant that caused cancer. Although the trials for the lawsuits involving talc are delayed for at least 60 days however, new lawsuits may be filed, and lawyers will begin preparing their cases. Talc ovarian cancer update. Judges expressed doubt about J&J’s ridiculous effort to revive its strategy with the second bankruptcy case.

April 13th, 2023: Update on the most important story is that there’s an $8.9 billion over the course of 25 years settlement offer. Lawyers representing cancer victims who are part of MDL class action MDL class action have pledged to fight the settlement alongside the talc claimants. Why? They argue that it’s not enough for more than 70,000 cancer victims. Talc ovarian cancer update. These lawyers argue that J&J should negotiate a larger settlement or settle individuals’ claims if the current bankruptcy is dismissed.

But there is another group of lawyers outside of the leadership of this class action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. The group is seeking to settle today for what many argue is less than the victims deserve. Their argument seems to be two-fold. First, they argue the settlement – which amounts to the equivalent of $100,000 per plaintiff – is fair.

That is a hard argument to argue. The second argument is more substance: the victims will no longer wait and want to get their money right now.

April 12, 2023 Update: People are wondering if J&J is able to file for bankruptcy again. The answer is complex and convoluted. But let’s try to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only option to resolve both current and future talc litigations in a definitive manner. Also, it believes that it will be less expensive should there be a bankruptcy component that applies pressure to settle. Talc ovarian cancer update. Driving past 400 years of American past, the company asserts that bankruptcy benefits all parties because it distributes settlement payments more equitably and effectively than trial courts, where some litigants receive significant awards while others receive nothing.

The essence in the 3rd Circuit decision was this isn’t a case that involves the profit-making company that has an affiliate to accept the legal risk and declare bankruptcy, which is what Congress thought of when drafting its Bankruptcy Code. It also clarified that the entity was in financial trouble due to the fact that J&J promised unlimited funding.
So J&J took advantage of the unlimited funding portion of the deal and didn’t make any promises to provide unlimited funding for cases. The company claims that modified financing arrangements with its subsidiary address the appeals court’s concerns, while offering funds to pay claims. In the hope that offering victims less money would solve the problem at hand.

Attorneys representing cancer victims who oppose the agreement counter this by arguing that the plaintiff is the legal argument. Talc ovarian cancer update. 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. The hyperbole wasn’t spared by the victims’ lawyers, who call it the biggest “fraudulent move in United States history.”

Notwithstanding the legal mumbo jumbo, J&J does not really believe this bankruptcy will be able to last. It is however a method of trying to push this $8.9 billion settlement through and maintain the pressure on plaintiffs.

April 10, 2023 Update: Bloomberg provides an insightful article on a new law that has been passed in 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 that were brought against Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any profits. J&J is now willing to pay $8.9 billion to settle all lawsuits.

The funders’ involvement is publicly available because of the New Jersey court rule requiring the disclosure of certain information about funders outside the state. The rule aims to address the growing calls for regulation of litigation funders. J&J faces over 60,000 claims when you add up state and federal baby powder lawsuits. Third-party funding for mass tort lawsuits has pros and cons. But there is no question that we are seeing how third-party financing can help level the playing field for individuals and big companies in the courtroom.

April 4, 2023 Update: It is enjoyable to see the worm turning in this legal battle. J&J suffered another setback this week when they were denied by the Third Circuit denied J&J’s request to keep the automatic stay in place in the meantime that J&J appeals an order granting bankruptcy to the U.S. Supreme Court. Automatic stays have frozen hundreds of cases involving talcum powder and stopped any new lawsuits from getting filed ever since J&J started the controversial process to spin the talc liabilities off into a bankrupt company over one year back. Talc ovarian cancer update. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal just a few months ago the stay was lifted. J&J was hoping to have it remain in effect until its 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 likelihood that the Supreme Court is willing even to accept the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay now in effect, the first new cases were filed and incorporated into the talcum powder class action MDL in the space of a year. Seven new talc-related lawsuits were brought into the MDL in the last month and brought the total number of cases that are pending to 37,522.

February 25 2023 Update: A Congressmen from Tennessee has now demanded that the U.S. Government Accountability Office (GAO) initiate an investigation into how much J&J talc products have cost the government in 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 product for long while tax dollars spent on treating people who suffered injuries from exposure to the chemicals. The lawsuit comes just a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.

Talc ovarian cancer update. J&J should begin to make reasonable settlement proposals to victims to begin to put all of this behind it. It’s a mark on one of the world’s greatest businesses.

February 14 2023 Update: In an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.

 

You May be Entitled to Significant Compensation Talc ovarian cancer update. 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!

 

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