You May be Entitled to Significant Compensation Talc pleurodesis lung cancer. 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 the sum of $400 million US state AGs. Talc Pleurodesis Lung Cancer .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of its larger $8.9 billion effort to settle claims that its Baby Powder and other talc product causes cancer. Talc pleurodesis lung cancer.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm will pay various types of cancer victims as part of a bankruptcy settlement. Talc pleurodesis lung cancer. J&J has declared that its Talc products are safe, and will not cause cancer. The company is trying for an additional time to conclude more than 38,000 lawsuits in bankruptcy, and to prevent any new cases from coming forward in the future.
The bankruptcy plan of LTL would pay $400 million to an additional trust to settle claims made by state attorneys general claiming that J&J did not comply with states’ unfair practices and consumer protection laws, by deceiving consumers about the safety of its talc products.
A number of states had already initiated consumer protection cases against J&J prior to LTL’s bankruptcy filing stopped those investigations from proceeding in 2021. Talc pleurodesis lung cancer. New Mexico and Mississippi had already brought lawsuits with Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court documents.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL as well as cancer patients and the U.S. Justice Department’s bankruptcy watchdog. have argued that a successful business like J&J is not eligible for bankruptcy protections intended for the struggling debtors.
LTL’s first attempt at resolving the bankruptcy cases was thrown out after similar arguments, when a U.S. appellate court determined that LTL did not have “financial trouble” and was not eligible under bankruptcy law. Talc pleurodesis lung cancer. LTL filed a second bankruptcy within two hours of the dismissal, saying that the second bankruptcy was different in that there was less money available and more backing for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates the state’s law enforcement authority by attempting unilaterally to cap the liability of the company for state consumer protection measures.
Talc Pleurodesis Lung Cancer
LTL’s filings for the new year also contained more details 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 would be $500,000 for those diagnosed with terminal mesothelioma before age 45, and $260,000 for those diagnosed with cancer of the ovary before age 45.
The proposed settlement offers discounts based on the kind and severity of cancer, the individual’s age, history of the use of talc, and other aspects. Talc pleurodesis lung cancer. For instance, a woman who used talc products on a weekly basis, who had an ancestral history of ovarian cancer, and was diagnosed with the stage 2 ovarian cancer at the age of 55 may qualify to receive a payment of $21,125 under the program.
Judge gives order to J&J and talc oppositionists to discuss settlement negotiations.
Following another round of hearings in Johnson & Johnson’s effort to use a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the firm and the people who opposed the plan to enter into talks to reach a settlement, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management–a subsidiary established by J&J to manage the claims company offered a settlement of $8.9 billion. Talc pleurodesis lung cancer. While a firm representing plaintiffs support the proposal, another group is opposed to the offer.
The previous week, the opposition group, dubbed”the Official Committee of Talc Claimants and urging the bankruptcy court to disqualify the petition saying that LTL is not considered to be financially distressed.
“The filing is an unjust and legally flawed attempt by a tiny 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 an announcement. Talc pleurodesis lung cancer. “The law firms who filed their filing are financially oriented and have conflicts that do not align with, differ from and are in opposition to the interests that their customers. We’ll submit an appeal before the court of appeals.”
Talc pleurodesis lung cancer. Clay Thompson, a lawyer for MRHFM, which has more than 80 mesothelioma patients who have sued J&J for bankruptcy, told J&J’s second bankruptcy attempt will fail.
“J&J sends out press releases that boast about how amazing its plan is while simultaneously insisting that the plan’s details, including what individual sick people would actually be treated to,” Thompson said in an email. “What do J&J have to cover up?”
Kaplan has instructed the sides to devise a second strategy for reorganization, under the oversight by two mediators.
The court in February of 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would free J&J from the tens of thousands of claims related to its talcum-based products.
In January of this year a federal appeals court ruled against the decision, ruling that the business could not be considered in “financial distress.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was turned down at the end of April J&J filed for its second bankruptcy about two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether to grant an additional bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.
In the 2 Chapter 11 attempts, J&J has purchased 19 months of which cases were put suspended. Talc pleurodesis lung cancer. J&J wants the claimants to take a vote to accept their settlement. J&J needs 75% approval for the deal to go through.
In addition to the gang of talc attorneys who have panned LTL’s bankruptcy plan, the U.S. Trustee which is a division belonging to the U.S. Department of Justice is also submitting an appeal to dismiss LTL’s second bankruptcy.
In a letter filed this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest but unfortunate debtors.” These doors “are not available to anyone who do not have a legitimate bankruptcy purpose or that seek to use the bankruptcy process to delay or hinder their creditors.” Vara continued.
On the other hand, J&J maintains there is no evidence conclusive that its products containing talc, such as its famous baby powder, can cause cancer. J&J has been taking the products from the market and will first launch them for North America in 2020–and the rest of the world next year.
J&J seeks to avoid the expense of going to trial. J&J has won most of the cases that have been resolved in court, however certain losses have been harsh.
A highly publicized trial in Missouri produced a $4.7 billion verdict against the drugmaker that 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 settled. Out of 41 trials, 32 have resulted in an outcome for J&J or a mistrial, or plaintiff verdict that was annulled on appeal. Talc pleurodesis lung cancer. Separately, the company in 2020 moved to settle around 1000 cases at a cost of the sum of $100 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Pleurodesis Lung Cancer
Our lawyers handle the baby powder litigation in every state. The talcum powder lawsuits on behalf of Johnson & Johnson have been ongoing for years. Talc pleurodesis lung cancer. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in products like Baby Powder or Shower to Shower which can cause cancer of the ovary in certain women.
This page offers the J&J talc power litigation update and discusses how the upcoming bankruptcy ruling affects the final settlement amounts in the Ovarian Cancer lawsuits.
Has the deadline passed for you to bring a talcum lawsuit? Many people who think the statute of limitations has passed to file a lawsuit against Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Pleurodesis Lung Cancer
June 2, 2023 Update: During the asbestos talc case which took place in California yesterday, some technical glitches interrupted the opening statement by the defense lawyers. Talc pleurodesis lung cancer. Jurors watching at home via Zoom but did not hear Johnson &Johnson’s lawyer express skepticism about the 70s science affirming the presence of asbestos in their product before the proceedings abruptly ended.
Meanwhile, the plaintiff was able to introduce an initial witness Arthur Langer. Langer stated that the presence of other minerals in talc is expected. He also testified that his team informed J&J in 1971 about the presence of asbestos chrysotile in the talc manufactured by the company, though at lesser than 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update: Talc pleurodesis lung cancer. This is the first court trial that has taken place since J&J decided to spin off its Talc division, and then declare bankrupt marks a pivotal moment within the ongoing litigation story. Trial began yesterday in the harrowing case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma last year, a diagnosis lawyers on both sides agree is a grave tragedy.
Opening statements revealed huge differences between the sides’ narrative. The plaintiff’s attorney took aim at Johnson & Johnson, alleging the use of deceitful strategies in its research practices as well as throughout the litigation procedure. According to the attorney, Johnson & Johnson tried to alter asbestos’ definition, despite internal documents from the year 1978 and 1994 indicating that asbestos fibers in the tissue of the plaintiffs are included.
Johnson &J’s highly uncertain $8.9 billion settlement offer hangs in the balance with the progress of this trial. Despite the distinctive nature of this mesothelioma case and its unique challenges compared to other lawsuits involving talcum powder, a verdict favoring the plaintiff could inflict an unintended setback to Johnson & J’s hopes of broad acceptance of their proposed settlement among plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupted talc unit has was able to defend it’s Second Chapter 11 filing in the in the face of challenges from victims of talc injuries. In an appeal to the New Jersey bankruptcy court, the company argued that the situation was distinct from the prior filing. It also emphasized the unprecedented commitment of $8.9 billion in settlement from J&J which is the largest settlement ever made in any bankruptcy case that involves mass tort. Talc pleurodesis lung cancer. Not mentioned: how the amount of the settlement indicates that it is an equitable settlement. J&J also claimed that it received support from several plaintiffs’ legal firms that represent over 600,00 claimants. This is difficult to verify but likely incorrect.
May 24 2023 Update: In the wake of Johnson &J Johnson’s bankruptcy filing, the very first trial concerning its cosmetic talc products that are believed to that contain asbestos is scheduled to start jury selection on Monday, May 24, California with Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure in J&J’s product, an allegation that the company is denying. The trial also involves six retailers accused of selling talc products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J Talc bankruptcy are currently fighting over who should be chosen to fill the position of the future claims representative, a role that is critically critical to resolving Talc claims. Talc pleurodesis lung cancer. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation, was appointed as the claims representative in the first bankruptcy. J&J’s defense team wants Ellis to be appointed to this position in the future, however lawyers representing the plaintiffs in talc are arguing to the claim that Ellis has an interest conflict which would prohibit her from assuming that position in the future. The conflict stems from the reality that Ellis was reportedly involved in drafting the hotly contested second bankruptcy, raising doubts about her ability to be neutral. The reality is this bankruptcy could be dismissed in the end.
May 17th, 2023 Update: The pretend company J&J made up for the talc litigation bankruptcy informed the New Jersey bankruptcy court that they have allocated $400 million to pay the claims made by states accusing the company of misleading advertising for its talc product. Talc pleurodesis lung cancer. This amounts to an $8.5 billion settlement for cancer sufferers. It is hard to imagine an eventuality where J&J can push the baby powder settlements with these numbers. Although J&J’s $8.5 billion offer sounds like a lot initially, it may not look good when you look at the numbers. This settlement proposal – by our estimates – will not pay victims much more than an average settlement $100,000 per case. This isn’t enough.
May 15th 2023, Update J&J may be in the middle of a lawsuit from an advocacy group representing cancer patients. Talc pleurodesis lung cancer. The group argues that J&J deliberately withdrew an $61.5 billion funding agreement together with its parent company, LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group asserts this action could be interpreted as a fraudulent transfer of rights of compensation for victims. They intend to investigate J&J’s actions following of the dismissal of LTL’s first bankruptcy suit.
May 10, 2023 Update: Next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy filing from J&J subsidiary LTL Management. In the meantime, however, the bankruptcy has issued an Order calling for both parties to participate in a second settlement mediation in the hope that an international settlement agreement can be reached.
May 5th, 2023 Update: The talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. Talc pleurodesis lung cancer. Over 2,700 people have sued the company and it is paying $1 million per month to defend itself. The company’s recent $29 million settlement in South Carolina forced it to seek bankruptcy protection, arguing that assets should be distributed in an equitable manner between talc claimants rather than being taken from the receiver. Other talc suppliers have also declared bankruptcy because of lawsuits.
May 4 2023, Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to relaunch talks on settlement with lawyers who rebuffed the company’s proposed $8.9 billion offer for settlement. At Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps in another bankruptcy proceeding and Judge Kaplan encouraged further settlement talks.
This is the solution to resolve these claims for J&J. A settlement for baby powder can be completed. Talc pleurodesis lung cancer. However, it’ll require more money – billions of dollars – coming from Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not all clients view this issue the same way their attorney does. A second bankruptcy proceeding is expected to go nowhere with Judge Kaplan has scheduled a hearing in June to determine if she will remove the bankruptcy after the second.
May 3, 2023 Update The group of cancer victims who are suing Johnson & Johnson (J&J) demanded 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 halt the litigation involving talc products. The group representing claimants for talc filed a motion on Tuesday asking the Third Circuit to consider their case and send it back before a court of lower jurisdiction with instructions for dismissing the bankruptcy. Talc pleurodesis lung cancer. They also asked that lawsuit against the halted torts of J&J allow the litigation to continue.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected by the Third Circuit earlier this year with the possibility of an $8.9 billion settlement. The committee believes that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, as well as halting the trials against J&J and J&J, requires urgent Third Circuit review. The US Trustee requested it be requested that 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 formal response in the appeals court, declaring the filing a “desperate and legally inadequate attempt” by a few of law firms who have competing financial interests.
May 1, 2023 Update: One frequently asked question is how the plaintiffs’ lawyers and their clients turn off $8.9 billion. Of course, that is a lot of money. But there are plenty of victims. Talc pleurodesis lung cancer. And these are really good claims for plaintiffs. We were reminded of this last week in two talc trials which led to huge verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon led to a verdict of $18.1 million. A month later, another mesothelioma-related talc case went to trial within South Carolina and resulted in a verdict of $29 million for the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. one of the most prominent producers of talc in the U.S.
April 30th 2023 Update: In the year 2023, when J&J first tried to bring the talcum powder litigation into bankruptcy, it was met with an offer to put aside $2 billion to settle the case. It was a ridiculously small amount. The talc plaintiffs had not were in favor of it. This time around, however, J&J has increased the offer to $8.9 If the talc plaintiffs agree to a bankruptcy settlement and they have the support of a large segment of the talc plaintiffs as well as their lawyers. Talc pleurodesis lung cancer. However, 75% of plaintiffs in the talc category, which is required to approve bankruptcy plans is a difficult road with so many lawyers with massive inventories of baby powder-related lawsuits, opposed towards the agreement.
What are the solutions to the impasse? More billions.
April 25 2023 update: Talc Cancer victims have requested a judge to disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talc pleurodesis lung cancer. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company wasn’t eligible to receive bankruptcy relief because it was unable to demonstrate financial stress.
The claimants argue that LTL’s Second Chapter 11 case is an misuse of the bankruptcy system and that it is being pursued in bad faith. J&J says the bankruptcy settlement receives “significant backing” from firms representing an estimated 60,000 claimants. It is fair to say that the plaintiffs’ attorneys and victims are divided over the $8.9 billion amount of settlement offered.
April 21, 2023 Update: A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. Even though trials for the lawsuits involving talc are delayed for a minimum of 60 days but new lawsuits can be filed, and lawyers can begin preparing their cases. Talc pleurodesis lung cancer. Judges expressed skepticism about J&J’s attempt to relaunch its strategy in another bankruptcy case.
April 13, 2023 Update: The big announcement is an $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer patients within the MDL collective action promised to challenge the settlement talc claimants. Why? They argue that it’s not enough money for those suffering from cancer who are 70,000. Talc pleurodesis lung cancer. They argue that J&J should seek a bigger settlement or litigate individual claims if the most recent bankruptcy is dismissed.
But there is another set of lawyers who are not part of the leadership group in that class action. The lawyers collectively have accumulated many thousands of cases. They want to settle today for what is believed to be less than these victims deserve. Their argument appears to be two-fold. First, they argue that the settlement of around 100 million dollars on average per plaintiff – is fair.
This argument isn’t easy to make. The second argument is more substance: the victims will not afford to wait any longer and need the money immediately.
April 12, 2023 Update: People are wondering if J&J can file for bankruptcy again. The answer is complex and complicated. But let’s try to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only means to settle both present and future talc litigations in a definitive manner. In other words, it thinks it can get a lower rate in the event of a bankruptcy element that creates pressure to settle. Talc pleurodesis lung cancer. Moving past more than 400 years in American history, the company claims that bankruptcy benefits everyone by dispersing settlements more equally and more efficiently than trial courts where some litigants receive significant award while others do not.
The main thrust in the 3rd Circuit decision was this is not a case of a profitable company making an affiliate to accept the legal responsibility and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. However, it also stated that the subsidiary was not financially distress because J&J promises unlimited funding.
Thus, J&J took advantage of the unlimited funding part of the agreement and did not promise to provide unlimited funding for the litigation. The company says that its updated financing arrangements with its subsidiary will address appeals court’s concerns, while offering funds to pay claims. As if providing victims with less money will solve the overall issue.
Attorneys representing cancer victims who are against the agreement argue this argument by saying that it is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s earlier decision. The hyperbole wasn’t spared the lawyers representing victims call this the biggest “fraudulent transfer that has occurred in United States history.”
Despite all the legal jargon, J&J does not really believe this bankruptcy will be able to last. However, it’s a means to push for this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10 2023, Update Bloomberg has an interesting article about a new law within New Jersey that is shedding new light on the funding of litigation in the Class action suit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) regarding talc products, in exchange for a percentage of any settlements. J&J is now offering an offer of $8.9 billion to settle all lawsuits.
The funders’ involvement is publicly available because of an New Jersey court rule requiring the disclosure of certain information about funders outside the state. The rules aim to address the growing calls for the regulation of litigation funders. J&J is facing more than 60,000 claims when you add up federal and state Baby Powder lawsuits. Third-party financing in mass tort cases has both pros and cons. But there is no question that we are seeing how third-party funding can level the playing field between individual and large corporations in court.
April 4 2023 Update: It is fun to watch the worm turning in this legal battle. J&J suffered another setback this week when the Third Circuit denied J&J’s request to maintain the automatic stay in the meantime that J&J appeals a bankruptcy ruling in the U.S. Supreme Court. Automatic stays have stopped the cases of talcum powder in a number of years and stopped any new lawsuits from arising ever since J&J initiated the controversial effort to spin the talc liabilities off into a bankrupt entity over one year ago. Talc pleurodesis lung cancer. When it was decided that the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was lifted. J&J had hoped to have it stayed in place until hearing the SCOTUS appeal. But, 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 hear the appeal? Low.
March 16 2023 Update: With the bankruptcy stay officially lifted, the first new cases have been filed and transferred into the class action involving talcum powder MDL in over one year. Seven new talc-related lawsuits were added to the MDL in the past month increasing the number of pending cases up to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now demanding that The U.S. Government Accountability Office (GAO) initiate an investigation into the cost J&J product containing talc has cost the government over the decades.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the risks of its talc product for years while tax dollars were spent treating those injured by exposure to the product. The lawsuit comes just a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talc pleurodesis lung cancer. J&J must begin making reasonable settlement proposals to victims to begin to put all of this behind. It’s a mark on one of the top businesses.
February 14 2023 Update: During an appearance today 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 pleurodesis lung cancer. 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!