You May be Entitled to Significant Compensation Talc settlements. 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 would pay 400 million dollars to US state AGs. Talc Settlements .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its wider $8.9 billion deal to settle allegations that its Baby Powder and other talc product causes cancer. Talc settlements.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay different types of cancer patients in the bankruptcy settlement. Talc settlements. J&J has stated that its Talc products are safe, and don’t cause cancer. The company is trying for an additional time to conclude more than 38,000 cases in bankruptcy and stop new cases from arising in the near future.
LTL’s bankruptcy plans would deposit $400 million to a separate trust for lawsuits filed with state attorneys general alleging that J&J violated state unfair business practices and consumer protection laws, by deceiving consumers regarding the dangers of its talc products.
Some states had started consumer protection measures against J&J prior to LTL’s bankruptcy filing prevented these investigations from progressing in 2021. Talc settlements. New Mexico and Mississippi had already filed lawsuits in the past against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands according to court documents.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL, joining 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 does not qualify for bankruptcy protections intended for struggling debtors.
LTL’s first attempt at resolving the bankruptcy lawsuits was dismissed following similar arguments. In the end, a U.S. appeals court decided that LTL did not have “financial distress” and was not eligible of bankruptcy protection. Talc settlements. LTL made a new bankruptcy application in just two hours following the decision to dismiss, arguing that the second bankruptcy was different in that it was able to borrow less and more support for the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates the state’s law enforcement authority by attempting unilaterally to cap the company’s liability for state consumer protection measures.
Talc Settlements
LTL’s new filings also included more information on the way in which the company will evaluate and pay for cancer claims should the bankruptcy plan be approved.
The largest amount of money under the settlement would be $500,000 for people diagnosed with terminal mesothelioma before age 45 and $260,000 for patients diagnosed with cancer of the ovary prior to age 45.
From there, the proposed settlement provides discounts based on the severity and type of cancer, an individual’s age, previous talc use and other factors. Talc settlements. For example the case of a woman who used the talc product on a regular basis, had the family history of ovarian cancer, and was diagnosed with stage II ovarian cancer when she was 55 could be in line to receive a payout 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 attempt to utilize a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the firm and the people who opposed the plan to enter into settlement talks, Bloomberg reports.
In its second bankruptcy effort for LTL Management, a subsidiary created by J&J to settle claims – the company offered a settlement amounting to $8.9 billion. Talc settlements. While one firm representing plaintiffs support the proposal, another group opposes the deal.
This week, the opposition group, called the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case arguing that LTL cannot be regarded as in financial hardship.
“The filing is an incredibly legal and ineffective attempt by a tiny number of law firms to stop claimants from voting on the resolution plan – a plan the vast and growing majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Talc settlements. “The law firms that are behind their filing are financially oriented and have conflicts that clash with, diverge from, and oppose the interests that their customers. We’ll soon submit an answer to the appellate court.”
Talc settlements. Clay Thompson, a lawyer for MRHFM who is home to more than mesothelioma victims who have sued J&J for bankruptcy, told the second bankruptcy attempt of J&J will fail.
“J&J issues press releases that boast about how amazing its plans are, but is insisting that the plan’s details, including what each sick person will receive–be kept secret,” Thompson said in an announcement. “What does the company have to keep secret?”
Kaplan has commanded the parties to come up with another reorganization plan, under supervision of two mediators.
The court in February of 2022 Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would release the company from the thousands of lawsuits regarding its talcum products.
But in the month of January, a federal appeals court overturned the decision, ruling that the firm could not be considered in “financial difficulty.”
In the event that J&J’s request to challenge the U.S. Supreme Court was rejected in April, J&J declared bankruptcy just two hours after. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether to allow the second bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B settlement charge for talc.
Through two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put in limbo. Talc settlements. The company is requesting that claimants accept their settlement. J&J would need 75% acceptance for the settlement to be approved.
In addition to the team of talc lawyers who panned the company’s bankruptcy and the U.S. Trustee, an arm belonging to the U.S. Department of Justice was also the one to file a motion to dismiss LTL’s second bankruptcy case.
In a letter filed this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest but unfortunate debtors.” These doors “are not accessible to those that lack a legitimate bankruptcy reason or want to use bankruptcy to delay or hinder their creditors.” Vara continued.
To its credit, J&J maintains there is no evidence conclusive that its products containing talc, such as the famous baby powder, can cause cancer. J&J has taken its products off of the market first on North America in 2020–and the rest of the world this year.
J&J intends to steer clear of the expense of going to trial. It has won most of the cases that were decided at trial, but certain losses have been punitive.
A well-known trial in Missouri produced an $4.7 billion verdict against the drugmaker 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 cases involving talc, which are appealing or resolved. Of the 41 trials, 32 ended with the favor of J&J or a mistrial, or plaintiff verdicts that were dismissed on appeal. Talc settlements. Separately, the company in 2020 sought to settle over 1,000 cases worth $100 million, Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Settlements
Our lawyers handle baby powder lawsuits across all 50 states. The talcum powder lawsuits against Johnson & Johnson have been going on for a long time. Talc settlements. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in products like Shower to Shower Powder or Shower to Shower, can cause ovarian cancer in some women.
This page provides the J&J Talc Power Update and provides an overview of how the upcoming bankruptcy ruling affects the final settlement amounts of these ovarian cancer lawsuits.
Has the deadline passed for you to make a claim for talcum powder? Many people who think the deadline has passed to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Settlements
June 2 2023 Update: During the asbestos talc trial at the trial in California yesterday, a couple of technical issues disrupted the opening statements made by defense lawyers. Talc settlements. Jurors who were watching from home via Zoom but did not hear Johnson &Johnson’s lawyer express doubt about the 70s research asserting the presence of asbestos in their product prior to the trial was abruptly closed.
Meanwhile, the plaintiff had the opportunity to introduce an initial witness Arthur Langer. Langer said that the presence of other minerals alongside the talc mineral is a given. He testified that his team informed J&J in the year 1971 about the presence of asbestos chrysotile in the talc manufactured by the company, though with lesser than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update Talc settlements. A trial for the first time since J&J decided to spin off its Talc section and declaring bankruptcy marks an important point in the ongoing talc lawsuit drama. The trial began on Tuesday in the heartbreaking case of a young, 24-year-old plaintiff, diagnosed with an aggressive and rare form of mesothelioma last year, a diagnosis lawyers on both sides agree is a harrowing tragedy.
The opening statements exposed the huge differences between the sides’ narrative. The attorney for the plaintiff took aim against Johnson & Johnson, alleging the use of misleading methods in their research practices as well as throughout the litigation process. In the words of attorney the company tried to manipulate the definition of asbestos despite internal documents from 1978 and 1994 showing that asbestos fibers found in plaintiff’s tissue are included.
Johnson & Johnson’s precarious $8.9 billion settlement is hanging in the balance with the course of this trial. Despite the unique nature of this mesothelioma case and its distinct issues compared to the majority of talcum powder lawsuits, a verdict favoring the plaintiff could be an enormous setback for J&J’s expectations of widespread acceptance of the settlement they have proposed among plaintiffs.
May 31 2023 Update: Johnson and Johnson’s bankrupt talc unit was able to defend it’s Second Chapter 11 filing in the face of challenges from talc injury claimants. In an appeal to the New Jersey bankruptcy court, it argued that the situation was fundamentally different from the earlier filing. It also emphasized the unprecedented commitment to $8.9 billion in settlement from J&J as the largest settlement ever made in a mass tort bankruptcy case. Talc settlements. It was not mentioned how this amount indicates that it is an equitable settlement. J&J also claimed support from numerous plaintiffs’ law firms representing over the 60,000 plaintiffs. This is difficult to verify but likely incorrect.
May 24, 2023 Update: Since Johnson &J Johnson’s bankruptcy filing, the first trial on its cosmetic talc products allegedly with asbestos content is scheduled to start jury selection Monday, California within the Alameda County Superior Court, an historically reliable jurisdiction for plaintiffs. Plaintiff claims that mesothelioma resulted from asbestos exposure in J&J’s product and the company does not deny. The trial also involves six retailers accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are currently disputing who should be chosen to fill the position of future claims representative. This is which is vitally essential in resolving the Talc claims. Talc settlements. Randi Ellis, a lawyer who frequently appears in MDLs across the country was appointed the claims representative in the first bankruptcy. J&J’s defense team wants Ellis to be named to the position again, but lawyers for the plaintiffs in talc are arguing to the claim that Ellis has an interest conflict that would prevent her from holding that position once more. This conflict is rooted in the issue that Ellis was involved in the drafting of the highly litigated second bankruptcy, which raises concerns about her ability to be neutral. The reality is this bankruptcy will likely to be dismissed regardless.
May 17, 2023 Update The pretend company that J&J created to settle the talc litigation bankruptcy disclosed to the New Jersey bankruptcy court that they have designated $400 million to settle claims made by states accusing the company of deceitful advertising for its talc-based products. Talc settlements. That’s an $8.5 billion settlement for cancer victims. It’s hard to imagine an eventuality where J&J can get these settlements for babies in these figures. While J&J’s $8.5 billion offer sounds like a lot of money initially, it may not look very appealing when you look at the numbers. This settlement offer based on our rough calculations, would not be able to pay victims more than an average settlement $100,000 per case. It’s not enough.
May 15, 2023 Update: J&J might be facing suit from an advocacy group representing cancer victims. Talc settlements. The group contends that J&J deliberately withdrew an $61.5 billion fund-raising agreement with its subsidiary, LTL Management LLC, to simulate financial stress and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action amounts to a fraudulent transfer of the rights of victims’ compensation. They plan to explore J&J’s actions following of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: The following week this week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to reject the second bankruptcy filing from J&J subsidiary LTL Management. In the meantime, however the bankruptcy has issued an order that requires both parties to participate in a settlement mediation with the hopes of achieving a global settlement deal can brokered.
May 5, 2023 Update: The talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Talc settlements. Over 2,700 people have sued the firm and it is paying $1 million per month to defend its legal position. The company’s most recent $29 million verdict on the state of South Carolina forced it to apply for bankruptcy protection and argue that assets should be distributed in an equitable manner between talc claimants rather than being taken in the hands of the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of lawsuits.
May 4 2023 Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch talks on settlement with lawyers who rejected the proposed $8.9 billion offer for settlement. The court in Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps to take in the second bankruptcy case and Judge Kaplan was pushing for more settlement discussions.
This is the answer to settle these claims with J&J. A baby powder settlement can be made. Talc settlements. However, it will require more money – more billions of dollars – from Johnson & Johnson.
Lawyers are divided over whether to accept the proposal and not all clients view the situation the same way their lawyer sees it. A second bankruptcy proceeding is likely to go nowhere and Judge Kaplan has scheduled a hearing for June to determine whether to close the case for the third time.
May 3, 2023 Update The group of cancer patients who have sued Johnson & Johnson (J&J) requested for 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 surrounding talc-based products. The committee representing talc claimants has filed a motion this week asking that the Third Circuit to consider their appeal and return the case before a court of lower jurisdiction, with instructions for dismissing the bankruptcy. Talc settlements. They also asked that the stopped tort litigation against J&J be allowed to continue.
LTL filed for Chapter 11 protection once again after its bankruptcy filing was rejected in the Third Circuit earlier this year with the possibility of an $8.9 billion payment. The committee believes that the recent decision allowing LTL’s 2nd Chapter 11 to continue, while also halting trials against J&J is a reason for the immediate Third Circuit review. The US Trustee has also 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 as saying that J&J intends to file a formal response in the appeals court, saying that the filing is an “desperate and legally inadequate plan” by a small number of law firms who have conflicts of financial interests.
May 1st 2023 Update: One most frequently asked question is how plaintiffs and their attorneys turn down $8.9 billion. Of course, that is quite a sum. But there are a lot of victims. Talc settlements. These are actually a good claims for plaintiffs. We were reminded recently with two talc trials ended in large verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon led to an award of $18.1 million. A month later, another mesothelioma-related talc case went to the court within South Carolina and resulted in a verdict of $29million to the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. one of the most prominent suppliers of talc within the U.S.
April 30 2023 Update: When J&J first attempted to drag the litigation over talcum powder into bankruptcy, they came with an offer to put aside $2 billion to settle the case. This was an absurdly low amount. The talc plaintiffs had not agreed with the offer. This time around, however, 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 portion of the talc plaintiffs and their attorneys. Talc settlements. But with 75% of plaintiffs who are a talc, which is necessary for bankruptcy plan approval is a difficult road with so many lawyers with vast collections of baby powder-related lawsuits, opposed against the proposed settlement.
What is the solution to this impasse? More billions.
April 25, 2023 Update: Talc cancer claimants have sought a court order to reject the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc settlements. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not eligible for bankruptcy relief since it did not show financial difficulties.
The claimants assert that LTL’s Second Chapter 11 case is an misuse of the bankruptcy system and it’s being pursued in bad faith. J&J states that the bankruptcy settlement has “significant backing” from firms representing approximately 60,000 plaintiffs. It’s fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are not united over the $8.9 billion amount of settlement offered.
April 21, 2023 Update: A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits alleging that it sold tainted baby powder causing cancer. Although trials for the talc lawsuits have been suspended for at least 60 calendar days, new lawsuits can be filed and lawyers may begin to prepare their cases. Talc settlements. The judge expressed skepticism over J&J’s ridiculous effort to revive its strategy by filing the second bankruptcy case.
April 13th, 2023: Update on the big update is about the $8.9 billion over 25 year period settlement offered. Lawyers representing cancer victims in the MDL group action vowed to fight the settlement with talc claimants. Why? They think it is not enough to pay for 70,000 victims who have cancer. Talc settlements. These lawyers argue that J&J should seek a bigger settlement or pursue individuals’ claims if the current bankruptcy is declared unconstitutional.
But there’s a separate group of lawyers that is not part of the top leadership in this class action. They have amassed many thousands of cases. This group wants to settle now with what they believe is far less than what these victims deserve. The argument they make is two-fold. The first is that they claim the settlement – about the equivalent of $100,000 per plaintiff is fair.
It’s a difficult argument to argue. However, their second argument has more force: victims should no longer wait and want their money now.
April 12 2023 Update: Many are asking how J&J can go through bankruptcy once more. The answer is complicated and confusing. However, let’s attempt to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only way to settle both present and future talc-related lawsuits definitively. It believes it can pay less in the event of the bankruptcy element which applies pressure to settle. Talc settlements. Driving past the 400-year span of American time, the business asserts that bankruptcy benefits all parties by distributing settlements more equally and effectively than trial courts, in which some litigants receive substantial settlements while others get nothing.
The essence of the 3rd Circuit decision was this is not a matter of a profitable company making a subsidiary to take the legal burden and declare bankruptcy – something Congress considered when it was drafting the Bankruptcy Code. However, the court also ruled that the entity was financially distress due to the fact that J&J promised unlimited funding.
Thus, J&J took advantage of the funding unlimited part of the holding and didn’t promise that it would provide unlimited funds for cases. The company says that its modified financing arrangements with its subsidiary addresses the appeals court’s concerns while still offering funds to pay claims. It’s as if giving victims lesser money could solve the overarching problem.
Lawyers representing cancer patients who oppose the agreement counter the agreement with what is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole was not spared the lawyers representing victims call it the biggest “fraudulent transaction of assets in United States history.”
Despite all the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it’s a way of trying to push this $8.9 billion settlement to keep pressure on plaintiffs.
April 10 2023 update: Bloomberg provides an insightful report on a brand new law in New Jersey that is shedding new light on the funding of litigation in the plaintiffs in the class action. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) over talc products in exchange in exchange for a portion of winnings. J&J has now offered an offer of $8.9 billion to settle all lawsuits.
The involvement of the funders is public knowledge because of an New Jersey court rule requiring the release of certain details about outside funding backers. The law is designed to address the rising calls for the regulation of lawsuit funders. J&J has to deal with more than 60,000 lawsuits when you add up federal and state child powder-related lawsuits. Third-party funding for mass tort lawsuits has pros and cons. There is no doubt that we are seeing how third-party financing can help level the playing field between individuals as well as large corporations in court.
April 4, 2023 Update: It is enjoyable to see the worm turning in this lawsuit. J&J took another hit this week when it was found that the Third Circuit denied J&J’s request to continue the automatic stay as J&J appeals an order granting bankruptcy at the U.S. Supreme Court. It has halted thousands of talcum powder cases and prevented new lawsuits from getting filed ever since J&J began the controversial plan to spin the talc liabilities off into a bankrupt subsidiary more than a year in the past. Talc settlements. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal a few months ago, the stay was removed. J&J was hoping to have it continued pending hearing the SCOTUS appeal. However, 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. The likelihood that the Supreme Court is willing even to hear the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay being fully lifted, the first new cases were filed and incorporated into the class action for talcum powder MDL in over one year. Seven new talc lawsuits were added to the MDL during the month of March increasing the number of pending cases up 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) initiate an investigation into how much J&J product containing talc has cost the government over the decades.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc products over decades while tax dollars were utilized to treat people injured by exposure to the products. This lawsuit comes a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc settlements. J&J must begin making reasonable settlement proposals to victims to begin the process of putting all this behind it. It is a stain on one of the greatest firms.
February 14 , 2023 Update: At an appearance today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc settlements. 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!
>>> Talc Settlements