You May be Entitled to Significant Compensation Talc safe on skin. 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 Safe On Skin .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of a wider $8.9 billion settlement of allegations that it’s Baby Powder and other talc-based items cause cancer. Talc safe on skin.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company intends to pay for different types of cancer victims in a bankruptcy settlement. Talc safe on skin. J&J has declared that its products containing talc are safe and won’t cause cancer. It’s trying for a second time to resolve more than 38,000 cases in bankruptcy, and to prevent any new cases from arising in the future.
LTL’s bankruptcy plan would pay $400 million to a separate trust for claims made by state attorneys general alleging that J&J violated laws against unfair business practices in the State of New York and consumer protection laws by misleading consumers about the quality of its talc products.
Several states had begun consumer protection lawsuits against J&J before LTL’s first bankruptcy filing stopped these investigations from progressing in 2021. Talc safe on skin. New Mexico and Mississippi had already launched lawsuits for damages against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands in LTL’s court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims as well as those affected by cancer and the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a profitable company such as J&J cannot benefit from bankruptcy protections meant for people with debt problems.
The first time LTL attempted to settle the bankruptcy-related lawsuits was dismissed after similar arguments. A U.S. appellate court ruled it was not LTL did not have “financial financial distress” and ineligible of bankruptcy protection. Talc safe on skin. LTL filed a second bankruptcy within two hours of the dismissal, saying that its second attempt was different due to the fact that it was able to borrow less and more backing for a settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s new bankruptcy violates the law enforcement powers of the state in attempting to unilaterally limit LTL’s liability to state consumer protection actions.
Talc Safe On Skin
The filings of LTL’s latest bankruptcy proceedings also include more information about how the company would evaluate and pay claims for cancer if the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 to those diagnosed with mesothelioma terminal prior to age 45. Talc safe on skin. The second payment would be $260,000 for those diagnosed with ovarian cancer that is terminal prior to age 45.
The proposed settlement applies discounts depending on the kind and severity of the cancer, the person’s age, history of talc use and other factors. Talc safe on skin. For instance someone who regularly used daily talc products, 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 payment under the settlement plan.
Judge decides J&J, talc opponents to engage in settlement talks.
Following another round of hearings in Johnson &Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the move to conduct settlement talks, Bloomberg reports.
In its second bankruptcy effort for LTL Management–a subsidiary established by J&J to manage the claims company offered a settlement amounting to $8.9 billion. Talc safe on skin. While a firm representing plaintiffs support the deal, another group opposes the move.
Earlier this week, the opposition group, dubbed”The Official Committee of Talc Claimants and urging the bankruptcy court to dismiss the case by asserting that LTL cannot be regarded as financially distressed.
“The filing is an unjust and legally flawed attempt by a few of law firms to stop claimants from voting on the resolution plan–a plan the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Talc safe on skin. “The law firms behind these filings have interests in finance that are in conflict with, diverge from and contravene those which their clientele. We’ll soon submit an answer in the appeals court.”
Talc safe on skin. Clay Thompson, a lawyer for MRHFM who has more than 80 patients with mesothelioma who have filed lawsuits against J&J claimed that the second bankruptcy attempt of J&J will fail.
“J&J issues press releases describing how fantastic the plan is but simultaneously requesting that details of the plan, such as what each sick person will receive–be kept secret,” Thompson said in an announcement. “What does the company have to conceal?”
Kaplan has directed the parties to create a reorganization plan, under the oversight of two mediators.
On February 20, 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the thousands of lawsuits regarding its talcum products.
However, in January of this year a federal appeals court ruled against the decision, deciding that the company was not able to be considered to be in “financial difficulty.”
After J&J’s make an appeal before the U.S. Supreme Court was dismissed the same month, J&J applied for its first bankruptcy just 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.
With two Chapter 11 attempts, J&J has bought 19 months during which the cases were in limbo. Talc safe on skin. The company wants claimants to take a vote to accept their settlement. J&J requires 75% of the vote in order for the agreement to be accepted.
In addition to the gang of talc attorneys who have panned LTL’s bankruptcy plan and the U.S. Trustee, a branch belonging to the U.S. Department of Justice, also filed an application to dismiss LTL’s bankruptcy second case.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest, but naive debtors.” These doors “are not available to anyone that lack a legitimate bankruptcy reason or want to use 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 iconic baby powder, cause cancer. J&J has taken its products off 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 cost of going to court. J&J has won the majority of cases decided through trial, though some losses have been very harsh.
A high-profile trial in Missouri led to a $4.7 billion judgment against the drug manufacturer, which was later reduced to $2.1 billion after 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 in appeal or resolved. Out of 41 trials 32 of them ended in a win by J&J, a mistrial or verdict for a plaintiff that was reversed after appeal. Talc safe on skin. In addition, J&J has announced plans to settle more than 1000 cases at a cost of the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Safe On Skin
Our lawyers are handling baby powder cases in every state. The lawsuits involving talcum powder for Johnson & Johnson have been going on for a long time. Talc safe on skin. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in many products, including Baby Powder as well as Shower to Shower, can cause ovarian cancer in certain women.
This page provides the J&J Talc Power litigation update and provides an overview of how the upcoming bankruptcy ruling affects the final settlement amount of the cases of ovarian cancer.
Is the deadline for you to bring a talcum lawsuit? Many who assume the deadline has passed to file a lawsuit against 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 Safe On Skin
June 2, 2023 Update: During an asbestos talc court trial held which took place in California yesterday, a couple of technical issues disrupted the opening statement by the defense attorneys. Talc safe on skin. Jurors watching 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 before the proceedings abruptly ended.
Meanwhile, the plaintiff was able to present its first expert witness Arthur Langer. Langer explained that the occurrence of other minerals alongside talc is expected. He claimed that his group was notified by J&J in 1971 of the presence of chrysotile asbestos within the talc of the company, but at just 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update: Talc safe on skin. A trial for the first time since J&J decided to spin off its Talc division, and then declare bankrupt is a pivotal moment for the ongoing litigation controversy. Trial began yesterday in the poignant case of a young 24-year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma in the past year, a diagnosis lawyers on both sides acknowledge is a harrowing tragedy.
Opening statements revealed the huge differences between the sides’ story. The attorney representing the plaintiff aimed his ire towards Johnson & Johnson, alleging the use of deceitful strategies in its research practices as well as throughout the litigation process. In the words of attorney Johnson & Johnson attempted to alter the definition of asbestos, despite internal documents from the year 1978 and 1994 indicating that fibers discovered in the tissue of the plaintiff are included.
Johnson & Johnson’s precarious $8.9 billion settlement proposal hangs in the balance with the progress of this trial. Despite the distinctive nature of this mesothelioma-related case and its distinct issues compared to other lawsuits involving talcum powder, a verdict favoring the plaintiff could cause a serious setback to J&J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31st 2023 Update: Johnson & Johnson’s bankrupted talc unit has strongly defended it’s two-time Chapter 11 filing in the opposition of victims of talc injuries. In a written objection to the New Jersey bankruptcy court, it argued that the situation was vastly different from the previous filing. It highlighted the extraordinary commitment of $8.9 billion by J&J as the largest settlement ever in a mass tort bankruptcy case. Talc safe on skin. There was no mention of how the magnitude of the settlement means it is a fair settlement. J&J also claimed that it received support from a variety of plaintiffs’ law companies representing over sixty thousand claimants. This is hard to verify but is probably incorrect.
May 24 2023 Update: As of Johnson & Johnson’s 2021 bankruptcy filing, the first trial concerning its cosmetic talc items allegedly that contain asbestos is scheduled to start jury selection on Monday, May 24, California within the Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure in J&J’s product which 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 fighting over who should be chosen to fill the position of the claims representative in the future, a role that is critically essential in resolving the Talc claims. Talc safe on skin. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed as the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed to this position again, but lawyers for the plaintiffs in talc are arguing due to the fact that Ellis has an unrelated conflict of interest that would prevent her from being appointed to that post for the second time. The dispute stems from reality that Ellis was apparently involved in the drafting of the highly litigated second bankruptcy, which raises questions about her capacity to be neutral. However, the reality is that this bankruptcy is likely to be dismissed regardless.
May 17th, 2023 Update: The pretend company J&J formed for the talc bankruptcy has informed a New Jersey bankruptcy court that they have set aside $400 million to settle allegations made by states who accuse the company of deceptive advertising for its talc products. Talc safe on skin. That’s an $8.5 billion settlement for cancer victims. It’s difficult to envision an eventuality where J&J will be able to push the baby powder settlements given these numbers. Although J&J’s $8.5 billion offer may seem like a large sum initially, it will not look very appealing when you do the math. This settlement proposal – by our estimates – will not provide victims with much more than $100,000 per instance. It’s not enough.
May 15 2023 Update J&J could be facing suit from an advocacy group that represents cancer patients. Talc safe on skin. The group contends that J&J deliberately retracted the $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, to simulate financial stress and validate the unit’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of the victims’ compensation rights. They are planning to study J&J’s actions in the wake of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: During the next week in the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to reject the second bankruptcy filing that was filed by J&J subsidiary LTL Management. In the meantime, however, LTL Management has filed an Order calling for both parties to take part in a second settlement mediation with the hopes of achieving it will be possible to reach a global settlement agreement reached.
May 5th 2023: Update on Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Talc safe on skin. More than 2700 people have filed lawsuits against the firm, and it was spending $1 million a month to defend itself. The company’s latest $29 million settlement at the Supreme Court of South Carolina forced it to pursue bankruptcy protection, and arguing that assets should be distributed in an equitable manner to talc claimants, rather than being confiscated in the hands of the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of litigation.
May 4 2023, Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen talks with lawyers who have rejected Johnson & Johnson’s $8.9 billion settlement offer. The court in Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps in the second bankruptcy case and Judge Kaplan pushed more settlement talks.
This is the answer to settle these claims with J&J. A settlement for baby powder can be made. Talc safe on skin. But it will require more money, more billions of dollars – by Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not every client sees the issue in the same manner their lawyer views it. A second bankruptcy proceeding is expected to go nowhere and Judge Kaplan has set a date for a hearing in June to determine whether to dismiss the bankruptcy for the second time.
May 3, 2023 Update: A group of cancer patients who have sued Johnson & Johnson (J&J) asked for the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation over talc products. The group of talc claimants has filed a motion this week requesting to the Third Circuit to consider their case and to send it back an earlier court, with instructions for dismissing the bankruptcy. Talc safe on skin. They also asked that the stopped tort litigation against J&J should be permitted to continue.
LTL requested Chapter 11 protection once again following its bankruptcy filing that was denied in the Third Circuit earlier this year with a $8.9 billion agreement. The committee believes that the recent decision allowing LTL’s 2nd Chapter 11 to continue, in addition to halting trials against J&J and J&J, requires 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 as saying that J&J plans to file a reply in the appeals court, characterizing the filing as a “desperate and legally insufficient attempt” by a handful of law firms that have conflicts of financial interests.
May 1st, 2023 Update: One most frequently asked question is how could plaintiffs and their lawyers turn on $8.9 billion. Of course, that is quite a sum. There are a lot of victims. Talc safe on skin. These are an excellent cases for plaintiffs. We were reminded of this last week when two talc cases ended in large verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon was settled with an award worth $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 in favor of plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. which is one of the most prominent manufacturers of talc in U.S.
April 30th 2023 Update: When J&J first attempted to drag the talcum powder lawsuit into bankruptcy, it was met with an offer to set aside $2 billion to settle the case. This was an absurdly low amount. There was no one among the talc victims who were in favor of the offer. However, this time, J&J has increased the offer to $8.9 If the talc plaintiffs accept a bankruptcy settlement and they also have the backing of a significant portion of the talc plaintiffs and their attorneys. Talc safe on skin. However, 75% of plaintiffs who are a talc, which is required to approve bankruptcy plans, it a tough road since there are so many lawyers with massive stocks of baby powder lawsuits that are opposed to the settlement.
What is the solution to this impasse? More billions.
April 25 2023 update: Talc patients have asked a judge to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, saying the company is not financially strained. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc safe on skin. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company was not eligible for bankruptcy relief since it had not demonstrated financial trouble.
The claimants argue that the Second Chapter 11 case is an fraud on the bankruptcy system and that it’s being conducted in bad good faith. J&J asserts that the bankruptcy settlement receives “significant backing” from the firms that represent an estimated 60,000 claimants. It’s fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are not united over the $8.9 billion deal.
April 21st, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that the firm sold tainted baby powder causing cancer. While trials in 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 safe on skin. Judges expressed doubt about J&J’s pathetic attempt to revive its strategy with another bankruptcy case.
April 13th, 2023: Update on the biggest update is about the $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer patients in the MDL Class Action have pledged to fight the settlement along with Talc claimants. Why? They think it is not enough to pay for more than 70,000 cancer victims. Talc safe on skin. They argue that J&J should negotiate a larger settlement or litigate individuals’ claims if the current bankruptcy is dismissed.
But there is another set of lawyers who are not part of the leadership group in group action. The lawyers collectively have accumulated the equivalent of tens of thousands of lawsuits. They want to settle today in what many believe to be less than the victims deserve. Their argument is two-fold. The first is that they claim the settlement, which is about the equivalent of $100,000 per plaintiff is fair.
It’s a difficult argument to present. However, their second argument has more teeth: victims can no longer wait and want their money now.
April 12 2023 Update: People are wondering if J&J could file for bankruptcy again. The answer is complicated and complicated. 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. In other words, it thinks it can get a lower rate when there is the bankruptcy element which applies pressure to settle. Talc safe on skin. Driving past the 400-year span of American past, the company believes that bankruptcy is beneficial to all parties because it distributes settlement payments more evenly and effectively than trial courts where some litigants receive significant award while others do not.
The essence of this 3rd Circuit decision was this is not a case – one that makes a profit, but subsidiaries to meet the legal risk and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified that the subsidiary was not in financial trouble due to the fact that J&J promises unlimited funding.
Then J&J took advantage of the unlimited funding aspect of the agreement and did not promise that it would provide unlimited funds for litigation. The company says that its revised financing arrangements with its subsidiary will address concerns of the appellate court, while supplying funds for claim payments. It’s as if giving victims less money would solve the overarching problem.
Attorneys representing cancer victims who oppose the agreement counter this with what you conclude is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s ruling. The hyperbole wasn’t spared by the victims’ lawyers, who call it the most significant “fraudulent transfer in United States history.”
Despite all the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it is a way of trying to push this $8.9 billion settlement and keep the pressure on plaintiffs.
April 10 2023 Update Bloomberg provides an insightful article on a new law of New Jersey that is shedding new light on the funding of litigation in the baby powder Class action suit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) over talc products in exchange for a share of any profits. J&J is now willing the payment of $8.9 billion to settle all lawsuits.
The involvement of the funders is made public because of a New Jersey court rule requiring the disclosure of certain information about outside funding backers. The law is designed to address the growing calls for regulation of the litigation funders. J&J faces over 60,000 claims when you take into account federal and state baby powder lawsuits. Third-party funding in mass tort claims is not without its pros and pros and. There is no doubt that we are seeing how third-party financing can help level the playing field between people and big companies in the courtroom.
April 4, 2023 Update: It is interesting to watch the worm turning in this legal battle. J&J has taken another blow this week, when the Third Circuit denied J&J’s request to keep the automatic stay in place in the meantime that J&J appeals a bankruptcy ruling before the U.S. Supreme Court. The automatic stay has stopped the cases of talcum powder in a number of years 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 one year earlier. Talc safe on skin. When the 3rd Circuit ruled that this bankruptcy was invalid just a few months ago the stay was revoked. J&J was hoping to have it stayed in place until its SCOTUS appeal. But, no.
April 1st, 2023 Update Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The odds that the Supreme Court is willing even to consider the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay having been fully lifted, the first new cases were filed and incorporated into the class action for talcum powder MDL within a year. Seven new talc lawsuits have been joined to the MDL in the last month increasing the number of cases pending to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now requesting that The U.S. Government Accountability Office (GAO) initiate an investigation into the amount J&J talc products have cost the government in the years.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of not recognizing the risks of its talc product for decades while tax dollars were used to treat those who were injured through exposure to the products. This lawsuit comes a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talc safe on skin. J&J needs to start making reasonable settlements to victims, in order the process of putting all this behind it. This is a blemish on one of the greatest firms.
February 14 2023 Update: During the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc safe on skin. 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!