You May be Entitled to Significant Compensation Talc powder lawsuit 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 for talc would pay $440 million US state AGs. Talc Powder Lawsuit Update .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of its broader $8.9 billion settlement of allegations that its Baby Powder as well as other talc products cause cancer. Talc powder lawsuit update.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company plans to pay different kinds of cancer sufferers in a bankruptcy settlement. Talc powder lawsuit update. J&J has claimed that its Talc products are safe and will not cause cancer. It’s trying for an additional time to conclude more than 38,000 lawsuits filed in bankruptcy and stop new cases from being filed in the near future.
LTL’s bankruptcy plan will pay $400 million to an additional trust to settle lawsuits filed by state attorneys general claiming that J&J violated laws against unfair business practices in the State of New York and consumer protection laws, by deceiving consumers regarding the security of its talc-based products.
Many states had initiated consumer protection lawsuits against J&J prior to LTL’s bankruptcy filing prevented these investigations from progressing in 2021. Talc powder lawsuit update. New Mexico and Mississippi had already launched lawsuits with Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas in LTL’s court papers.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL as well as cancer patients and those affected by cancer and the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a profitable company like J&J cannot benefit from bankruptcy protections designed for the struggling debtors.
The company’s initial attempt to resolve the bankruptcy lawsuits was dismissed after similar arguments. In the end, a U.S. appellate court determined the LTL wasn’t in “financial distress” and ineligible for bankruptcy protection. Talc powder lawsuit update. LTL filed a second bankruptcy just over two hours after the dismissal, arguing the second bankruptcy was different because it was able to borrow less and more backing for the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates state law enforcement powers by attempting unilaterally to cap the liability of the company for state consumer protection laws.
Talc Powder Lawsuit Update
LTL’s recent filings also provided more information about the way in which the company will evaluate and pay claims for cancer in the event that the bankruptcy plan is approved.
The most significant payments under the settlement would be $500,000 to those diagnosed with mesothelioma terminal prior to age 45, and $260,000 for those who have been diagnosed with ovarian cancer that is terminal prior to age 45.
The proposed settlement applies discounts depending on the kind and severity of cancer, the individual’s age, history of using talc and other factors. Talc powder lawsuit update. For instance someone who regularly used the talc product on a regular basis, had an ancestral history of ovarian cancer and was diagnosed with the stage 2 ovarian cancer by age 55 could be in line for a $21,125 payment under the program.
Judge ordains J&J and talc opponents engage in settlement talks.
Following another hearing in Johnson and Johnson’s efforts to employ a Texas Two Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the plan to enter into settlement talks, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary created by J&J to hold the claims–the company offered a settlement of $8.9 billion. Talc powder lawsuit update. While one firm representing plaintiffs agree with the proposal, another group opposes the deal.
This week, the opposition group, which is known as”The Official Committee of Talc Claimants and urging the bankruptcy court to dismiss this case by asserting that LTL is not a factor financially distressed.
“The filing is an incredibly legal and ineffective attempt by a handful of law firms to try to stop claimants from voting on the resolution plan–a plan that the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in an announcement. Talc powder lawsuit update. “The law firms involved in these filings have interests in finance that do not align with, diverge from, and contravene those they represent. We’ll be submitting an answer before the court of appeals.”
Talc powder lawsuit update. Clay Thompson, a lawyer for MRHFM who includes more than mesothelioma clients who have filed lawsuits against J&J and J&J, has said that the company’s second bankruptcy try will fail.
“J&J sends out press releases about how wonderful its plan is while simultaneously demanding that plan details–including what the individual sick individuals would receive — be kept private,” Thompson said in an announcement. “What is J&J’s plan to conceal?”
Kaplan has commanded the parties to devise a second arrangement plan under the supervision by two mediators.
The court in February of 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would relieve the company from the thousands of lawsuits concerning its talcum products.
In January of this year, a federal appeals court overturned the verdict, ruling that the company was not able to be considered in “financial difficulty.”
When J&J’s attempt to appeal to the U.S. Supreme Court was denied the same month, J&J applied for its first bankruptcy roughly two hours later. In response, Kaplan froze the lawsuits for 60 days to decide whether or not to approve another bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B the talc litigation cost.
With the 2 Chapter 11 attempts, J&J has been able to buy 19 months in which cases were placed suspended. Talc powder lawsuit update. The company is requesting that claimants vote on accepting their settlement. J&J would need 75% of the vote in order for the agreement to be accepted.
In addition to the team of talc lawyers who criticised LTL’s bankruptcy plan and the U.S. Trustee, a branch from the U.S. Department of Justice was also the one to file an application to dismiss LTL’s second bankruptcy.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest but unfortunate debtors.” Those doors “are not open to any parties who do not have a legitimate bankruptcy purpose or that seek to use bankruptcy to hinder or delay their creditors,” Vara continued.
On the other hand, J&J maintains there is no conclusive evidence that its Talc-based products, such as its iconic baby powder, cause cancer. J&J has taken the products of the market, first on North America in 2020–and the rest of the world next year.
J&J is determined to stay clear of the cost of going to court. It has won most of the cases that have been resolved at trial, but certain losses have been extremely harsh.
A high-profile trial in Missouri resulted in an $4.7 billion verdict against the drug maker and was later lowered 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 talc trials that are either on appeal or have been concluded. Out of 41 trials 32 of them ended in the favor of J&J or a mistrial, or verdict for a plaintiff that was annulled upon appeal. Talc powder lawsuit update. Additionally, the company in 2020 moved to settle nearly 1,000 cases worth $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Powder Lawsuit Update
Our lawyers handle baby powder lawsuits across every state. The talcum powder lawsuits in the case of Johnson & Johnson have been ongoing for many years. Talc powder lawsuit update. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient found in products such as Baby Powder and Shower to Shower which can cause ovarian cancer among some women.
This page gives a J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling will affect the final settlement amounts of these Ovarian Cancer lawsuits.
Have you reached the deadline by which you to file a talcum powder lawsuit? Many people who think the statute of limitations has passed 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 Powder Lawsuit Update
June 2 2023 Update: At an asbestos talc court trial held which took place in California yesterday, technical issues disrupted the opening statement by the defense lawyers. Talc powder lawsuit update. The jurors, attending at home via Zoom and hearing the Johnson & Johnson’s lawyer expressing doubt about the science of the 70s affirming the presence of asbestos in their product prior to the session abruptly ended.
The plaintiff was able to introduce the first of their witnesses, Arthur Langer. Langer said that the presence of other minerals in the talc mineral is a given. He testified that his team was notified by J&J in 1971 about the presence of chrysotile asbestos the talc produced by the company, although in less than 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update Talc powder lawsuit update. First trial after J&J took the decision to disband its Talc section and declaring bankruptcy is a pivotal moment for the ongoing litigation drama. Trial began yesterday in the harrowing case of a young 24 year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma last year. which lawyers on both sides believe is a tragic loss.
Opening statements laid bare distinct differences between each side’s narrative. The attorney for the plaintiff took aim against Johnson & Johnson, alleging that the company employed deceitful tactics in research practices and throughout the litigation process. According to the attorney, Johnson & Johnson attempted to alter asbestos’ definition, in spite of internal documents dating from 1998 and 1994 that show asbestos fibers that were found in the tissues of the plaintiff are part of.
Johnson &J’s tangled $8.9 billion settlement proposal hangs in the balance with the progress of this trial. Despite the unique nature of this mesothelioma-related case and its distinctive issues in comparison to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could inflict an unintended setback to Johnson & J’s hopes for broad acceptance of the settlement they have proposed among plaintiffs.
May 31 2023: Update from Johnson & Johnson’s bankrupted talc unit has strongly defended the Second Chapter 11 filing in the opposition of talc injury claimants. In an objection submitted to the New Jersey bankruptcy court, the company argued that the situation was distinct from the prior filing. It emphasized the unprecedented commitment to $8.9 billion by J&J, the largest settlement ever in the history of a mass tort bankruptcy. Talc powder lawsuit update. It was not mentioned how the magnitude of the settlement means it is a fair settlement. J&J also claimed support from various plaintiffs’ law companies representing over sixty thousand claimants. This is not easy to confirm but is probably incorrect.
May 24 2023 Update: As of Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial involving its cosmetic talc products that are believed to that contain asbestos is scheduled to begin jury selection on Monday in California at Alameda County Superior Court, which is a well-known court for plaintiffs. The plaintiff claims that his mesothelioma resulted from asbestos exposure through J&J’s products, an allegation J&J is denying. The trial also involves six retailers accused of selling talc products.
May 22nd, 2023 Update Lawyers involved in the second J&J Talc bankruptcy are currently fighting over who should be appointed to the position of future claims representative, a role that is critically critical to resolving claim for talc. Talc powder lawsuit update. Randi Ellis, a lawyer who regularly appears in MDLs all over the nation was appointed the claims representative in the initial bankruptcy. J&J’s defense team wants Ellis to be appointed to this position yet again, but the lawyers for the talc plaintiffs have raised objections because Ellis has conflicts of interest that should prevent her from being appointed to that post once more. The dispute stems from fact that Ellis was involved in drafting the controversially disputable second bankruptcy, which raises doubts about her capability to remain neutral. The reality is the bankruptcy will be dismissed regardless.
May 17th, 2023 Update: The pretend company that J&J formed to settle the talc litigation bankruptcy has informed an New Jersey bankruptcy court that they had allocated $400 million as a settlement for claims made by states accusing the company of misleading advertising for its talc products. Talc powder lawsuit update. This amounts to an $8.5 billion settlement to cancer victims. It’s difficult to envision any scenario in which J&J could push these settlements for babies given these numbers. While J&J’s $8.5 billion offer sounds like a large sum initially, it will not look good after you calculate the figures. This settlement offer based on our rough calculations, would not offer victims anything more than $100,000 per case. It’s not enough.
May 15 2023 Update J&J could be facing lawsuit from an advocacy group representing cancer patients. Talc powder lawsuit update. The group contends that J&J deliberately retracted an $61.5 billion funding agreement together with its parent company, LTL Management LLC, in order to create a false sense of financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group argues that this act is a fraud transfer of the rights of victims’ compensation. They plan to explore J&J’s actions following of the decision to dismiss the first bankruptcy case of LTL.
May 10 2023 Update: The following week in this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to reject the second bankruptcy filing by J&J company LTL Management. In the meantime, however the bankruptcy has issued an order calling for both parties to participate in a second settlement mediation to see if it will be possible to reach a global settlement agreement brokered.
May 5, 2023 Update: The talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer from asbestos exposure. Talc powder lawsuit update. Over 2,700 individuals have sued the company and it has been paying $1 million per month for legal defense. The company’s recent $29million settlement in South Carolina forced it to apply for bankruptcy protection and argue for an equitable distribution of assets among talc claimants instead of being taken over in the hands of 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 restart negotiations with lawyers who have rejected the company’s $8.9 billion offer for settlement. In Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps for their second bankruptcy matter and Judge Kaplan encouraged further settlement talks.
This is the solution to settle these claims for J&J. A baby powder settlement could be achieved. Talc powder lawsuit update. However, it’ll require more money, more billions of dollars – coming from Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not all clients see the issue the same way their lawyer views it. This second case of bankruptcy is bound to go nowhere the judge Kaplan has scheduled a hearing in June to determine whether to dismiss the bankruptcy for the second time.
May 3, 2023 Update: A group representing cancer patients suing Johnson & Johnson (J&J) demanded that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation regarding talc-related products. The group representing claimants for talc submitted a motion on Tuesday requesting for the Third Circuit to consider their case and then send it back an earlier court with instructions to dismiss the bankruptcy. Talc powder lawsuit update. They also requested that the lawsuit against the halted torts of J&J be allowed to continue.
LTL requested Chapter 11 protection once again after its first bankruptcy filing was denied in the Third Circuit earlier this year which offered an $8.9 billion payment. The committee says that the recent ruling allowing LTL’s 2nd Chapter 11 to continue, while also halting trials against J&J should be subject to an immediate Third Circuit review. The US Trustee also asked 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 saying that J&J plans to file a reply in the appeals court saying that the filing is a “desperate and legally deficient attempt” by a select group of law firms who have conflicts of financial interests.
May 1, 2023 Update: One question people keep asking is how could the plaintiffs’ lawyers and their clients turn around $8.9 billion. Of course, it’s quite a sum. But there are a lot of victims. Talc powder lawsuit update. They are a great arguments for plaintiffs. We have been reminded of this recently in two talc trials which resulted in big verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon was settled with a verdict worth $18.1 million. In the same month, a different talc mesothelioma case went to hearing in South Carolina and resulted in an award of $29 million on behalf of the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc., one of the top suppliers of talc in the U.S.
April 30th 2023 Update: J&J first attempted to drag the litigation over talcum powder into bankruptcy, it did so with an offer to set aside $2 billion to settle the case. It was a ridiculously small amount. None of the talc plaintiffs were in favor of it. This time, J&J has increased the offer to $8.9 in the event that the talc victims agree to a bankruptcy settlement and they also have the support of a large segment of the talc plaintiffs as well as their lawyers. Talc powder lawsuit update. But with 75% of plaintiffs who are a talc, which is needed for approval of the bankruptcy plan is a difficult road because of the number of lawyers who have huge collections of baby powder lawsuits opposed in favor of the deal.
What is the solution to this impasse? More billions.
April 25 2023 Update Talc Cancer victims have requested a judge to disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc powder lawsuit update. It was the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible to receive bankruptcy relief because it was unable to demonstrate financial distress.
The claimants assert that the Second Chapter 11 case is an overreach of the bankruptcy system and that it is being pursued in bad faith. J&J claims the bankruptcy settlement is backed by “significant backing” from firms representing an estimated 60,000 plaintiffs. It’s safe to say that lawyers representing plaintiffs and victims ‘ lawyers are not united over the $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge decided that Johnson & Johnson must face new lawsuits alleging that the firm sold baby powder that was contaminated and causing cancer. While trials in Talc lawsuits are suspended for at least 60 days and new lawsuits are able to be filed and lawyers will begin preparing their cases. Talc powder lawsuit update. The judge expressed his doubts about J&J’s pathetic attempt to revive its strategy by filing a second bankruptcy trial.
April 13 2023 update: the biggest update is about the $8.9 billion over 25 years settlement offer. Lawyers representing cancer patients involved in the MDL group action promised to challenge the settlement the talc claimants. Why? They think it is not enough for more than 70,000 cancer victims. Talc powder lawsuit update. These lawyers argue that J&J could negotiate a greater settlement or even litigate individual claims if the most recent bankruptcy is declared unconstitutional.
But there is another set of lawyers who are not part of the leadership in the class action. These lawyers have collectively amassed the equivalent of tens of thousands of lawsuits. They want to settle the case now with what they believe is far less than what these victims deserve. Their argument is twofold. First, they argue the settlement, which is about 100,000 dollars per plaintiff – is fair.
It’s a difficult argument to prove. But their second argument has more force: the victims can not afford to wait any longer and need their money today.
April 12 2023 Update: Some people are asking how J&J is able to file for bankruptcy once more. The answer is complex and convoluted. Let’s try to simplify it simply.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future talc litigations in a definitive manner. In other words, it thinks it will pay less should there be an element of bankruptcy that puts pressure for a settlement. Talc powder lawsuit update. Going back to more than 400 years in American time, the business asserts that bankruptcy benefits all parties by distributing settlement payments more evenly and more efficiently than trial courts in which some litigants receive substantial payouts, while others are left with nothing.
The gist in this 3rd Circuit decision was this isn’t a case that involves an enterprise that is profitable, forming subsidiaries to meet the legal risk and declare bankruptcy – something Congress had in mind when it came to drafting the Bankruptcy Code. However, it also stated it was not financially distress because J&J assured it of unlimited funding.
Thus, J&J took advantage of the unlimited funding aspect of the agreement and didn’t promise that it would provide unlimited funds for cases. The company says that its revised financing arrangements with its subsidiary address the appeals court’s concerns while still offering claim payment funds. It’s as if giving victims lesser money could solve the overall issue.
Lawyers representing cancer patients who do not agree with the agreement counter this with what you conclude is the legal argument. Talc powder lawsuit update. They counter with legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s ruling. Hyperbole is not exempt the lawyers representing victims call this the biggest “fraudulent transaction in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. However, it’s a means of trying to push this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10, 2023 Update: Bloomberg is running an intriguing article on a new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the baby powder plaintiffs in the class action. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) regarding talc products, in exchange for a share of any profits. J&J has now offered that it will pay $8.9 billion in settlements for all lawsuits.
The involvement of the funders is public knowledge due to the New Jersey court rule requiring the disclosure of certain information about outside funding backers. The law is designed to tackle the growing demands for the regulation of lawsuit funders. J&J has to deal with more than 60,000 lawsuits when you take into account state and federal baby powder lawsuits. Third-party funding of mass tort cases has pros and cons. However, there is no doubt that we are witnessing how third-party funding could level the playing field for individuals and big companies in court.
April 4, 2023 Update: It’s pleasing to see the worm turn in this litigation. J&J suffered another setback this week, when they were denied by the Third Circuit denied J&J’s request to extend the automatic stay while J&J appeals an order granting bankruptcy to the U.S. Supreme Court. This automatic stay stopped hundreds of cases involving talcum powder and prevented new lawsuits from arising ever since J&J initiated the controversial effort to spin talc-related liabilities into a bankrupt subsidiary more than a year back. Talc powder lawsuit update. When the 3rd Circuit ruled that this bankruptcy was insufficient some months ago, the stay was removed. J&J wanted to see it remain in effect until an appeal to the SCOTUS appeal. The answer was no.
April 1st, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. There is a chance that the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay being officially lifted, the very first new cases have been filed and transferred into the class action for talcum powder MDL within a year. Seven new talc lawsuits have been included in the MDL in the past month and brought the total number of cases that are pending to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now calling for be the U.S. Government Accountability Office (GAO) launch an investigation into the amount J&J products containing talc have cost the government in the years.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the risks of its talc products over many years, while tax dollars were utilized to treat people injured by exposure to the product. This lawsuit comes a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc powder lawsuit update. J&J has to begin making reasonable settlements to victims to begin getting this behind it. It is a stain on one of the greatest businesses.
February 14 , 2023 Update: At a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc powder lawsuit 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!