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J&J’s proposed talc settlement would be worth $400 million to US state AGs. Talc Surgery For Lung Cancer .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of a larger $8.9 billion deal to settle claims that its Baby Powder and other talc items cause cancer. Talc surgery for lung cancer.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company will pay various types of cancer victims as part of a bankruptcy settlement. Talc surgery for lung cancer. J&J has declared that its talc products are safe and won’t cause cancer. J&J is seeking an additional time to conclude more than 38,000 cases in bankruptcy and stop new cases from being filed in the near future.
LTL’s bankruptcy plan would pay $400 million into a separate trust for lawsuits filed in state courts by attorneys general alleging that J&J had violated laws against unfair business practices in the State of New York as well as consumer protection laws by misleading consumers about the security of its talc-based products.
A number of states had already initiated consumer protection lawsuits against J&J prior to the first bankruptcy filing stopped these investigations from taking place in 2021. Talc surgery for lung cancer. New Mexico and Mississippi had already filed actions for damages against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court documents.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished along with cancer sufferers and The U.S. Justice Department’s watchdog on bankruptcy, who have argued that a successful firm like J&J can’t benefit from bankruptcy protections designed for the struggling debtors.
The first time LTL attempted to settle the bankruptcy lawsuits was thrown out after similar arguments. The U.S. appellate court decided it was not LTL had not been in “financial financial distress” and therefore not eligible for bankruptcy protection. Talc surgery for lung cancer. LTL declared bankruptcy a second time within two hours of the dismissal, arguing the second bankruptcy was different because it had less money available and more support for a settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates the state’s law enforcement authority by trying to unilaterally cap the liability of the company for state consumer protection actions.
Talc Surgery For Lung Cancer
LTL’s recent filings also provided more information about how the company would assess and pay claims for cancer in the event that the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 for people diagnosed with cancer of the mesothelioma ovary before age 45, and $260,000 for those diagnosed with cancer of the ovary before age 45.
The proposed settlement will offer discounts based on the kind and severity of cancer, the individual’s age, previous usage of talc and other variables. Talc surgery for lung cancer. For example someone who regularly used talc products on a weekly basis, who had an ovarian cancer family history, cancer, and was diagnosed with stage II ovarian cancer at age 55 could be in line to receive a payment of $21,125 under the settlement plan.
Judge decides J&J and talc opponents to take part in settlement talks.
Following another hearing in Johnson & Johnson’s effort to employ a Texas Two Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the strategy to engage in negotiations to settle the matter, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management–a subsidiary established by J&J to settle claims – the company proposed a settlement of $8.9 billion. Talc surgery for lung cancer. While a firm representing plaintiffs supports the deal, another group opposes the deal.
This week, the opposition group, which is known as”The Official Committee of Talc Claimants, urged the bankruptcy court to dismiss this case by arguing that LTL is not a factor in financial distress.
“The filing is a desperate and legally ineffective attempt by a handful of law firms to try to prevent claimants from voting on the resolution plan–a plan that the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Talc surgery for lung cancer. “The law firms behind these filings have interests in finance that clash with, contradict and contravene those that their customers. We will be submitting an appeal to the appellate court.”
Talc surgery for lung cancer. Clay Thompson, a lawyer for MRHFM, which boasts more than patients with mesothelioma who have filed lawsuits against J&J claimed that J&J’s second bankruptcy attempt will fail.
“J&J issues press releases that boast about how amazing its plan is, while requesting that details of the plan, such as what the individual sick individuals would receive–be kept secret,” Thompson said in an announcement. “What does the company have to conceal?”
Kaplan has instructed the sides to devise a second strategy for reorganization, under the oversight by two mediators.
As of February 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would release J&J 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 business could not be considered in “financial distress.”
When J&J’s attempt to contest the U.S. Supreme Court was dismissed at the end of April J&J applied for its first bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 days to decide whether or not to accept to file for bankruptcy again.
J&J’s unstoppable profit machine sputters after $6.9B the talc litigation cost.
In the Two Chapter 11 attempts, J&J has gotten 19 months of which the cases were on hold. Talc surgery for lung cancer. The company would like claimants to take a vote to accept their settlement. J&J would need 75% support for the settlement to be approved.
In addition to the gang of talc lawyers that criticized the bankruptcy of the company, the U.S. Trustee, a branch from the U.S. Department of Justice was also the one to file motions 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 unfortunate debtors.” These doors “are not open to any parties that don’t have a legitimate bankruptcy objective or 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 Talc products, which includes the famous baby powder, cause cancer. J&J has taken the products of the market first to be available in North America in 2020–and the rest of the world next year.
J&J intends to steer clear of the expense of going to trial. It has won the majority of cases decided in court, however some losses have been harsh.
A highly-publicized trial in Missouri produced an $4.7 billion judgment against the drug manufacturer that was later reduced to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial cases in talc which are in appeal or concluded. Out of 41 trials 32 of them ended in winning for J&J either through a mistrial or plaintiff verdict that was reversed after appeal. Talc surgery for lung cancer. In addition, J&J in 2020 negotiated to settle nearly 1,000 cases worth $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Surgery For Lung Cancer
Our lawyers handle baby powder lawsuits across all 50 states. The lawsuits involving talcum powder in the case of Johnson & Johnson have been in the process for several years. Talc surgery for lung cancer. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in products such as the Baby Powder or Shower to Shower as well as other products, may cause ovarian cancer among some women.
This page offers the J&J Talc Power Update and provides an overview of how the upcoming bankruptcy ruling will affect the final settlement amounts in the cases of ovarian cancer.
Have you reached the deadline by which you to file a talcum powder lawsuit? Many who believe that the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Surgery For Lung Cancer
June 2, 2023 Update: During the trial for asbestos-containing talc which took place in California yesterday, technical issues disrupted the opening statements made by defense attorneys. Talc surgery for lung cancer. Jurors at home via Zoom and hearing the Johnson & Johnson’s lawyer expressing doubt about the 70s research affirming the presence of asbestos in their product prior to the proceedings abruptly ended.
Meanwhile, the plaintiff was able to present an initial witness Arthur Langer. Langer explained that the occurrence of other minerals alongside the talc’s mineral content is inevitable. He also testified that his team had notified J&J in 1971 of the presence of chrysotile asbestos the talc produced by the company, although with lesser than 0.1 percent. He also uncovered more asbestos in the year 1976.
June 1, 2023 Update: Talc surgery for lung cancer. First trial after J&J made the decision to split its Talc division and declare bankruptcy is an important turning point for the ongoing lawsuit drama. The trial began on Tuesday in the tragic case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive form of mesothelioma last year, a diagnosis lawyers on both sides agree is a tragic loss.
The opening statements exposed the distinct differences between each side’s narrative. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging the use of deceitful methods in their research practices as well as throughout the litigation procedure. As per the lawyer the company tried to manipulate asbestos’ definition, despite internal documents dating back to between 1978 and 1994 that showed asbestos fibers in the tissue of the plaintiffs are included.
Johnson & Johnson’s precarious $8.9 billion settlement offer hangs in the balance with the progression of this trial. Despite the distinctive nature of this mesothelioma case and its distinct issues compared to most talcum powder lawsuits A verdict in favor of the plaintiff could result in a serious setback to J&J’s hopes for broad acceptance of their proposed settlement with plaintiffs.
May 31st, 2023: Update from Johnson and Johnson’s bankrupt talc unit strongly defended their Second Chapter 11 filing in the in the face of challenges from talc injury claimants. In an objection submitted to the New Jersey bankruptcy court, the subsidiary argued that the filing was distinct from the previous filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion by J&J as the largest settlement ever made in an bankruptcy case involving mass torts. Talc surgery for lung cancer. There was no mention of how the amount of the settlement signifies that it’s a fair settlement. J&J also claimed that it received support from various plaintiffs’ law firms representing over sixty thousand claimants. This is difficult to verify but it’s likely to be false.
May 24, 2023 Update: Since Johnson &J Johnson’s bankruptcy filing, the very first trial concerning its cosmetic talc products that are believed to containing asbestos is set to commence jury selection on Monday, May 24, California within the Alameda County Superior Court, an historically reliable court for plaintiffs. The plaintiff asserts that his mesothelioma was triggered by asbestos exposure from J&J’s products which the company does not deny. The trial also includes 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 role of the claims representative in the future, a role that is critically essential to the resolution of the talc claims. Talc surgery for lung cancer. Randi Ellis, a lawyer who frequently appears in MDLs throughout the United States was appointed the claims representative in the first bankruptcy. J&J’s defense team wants Ellis to be appointed to that role yet again, but the lawyers for the talc plaintiffs are objecting due to the fact that Ellis has an interest conflict that should prevent her from taking on that role in the future. The dispute stems from reality that Ellis was apparently involved in the drafting of the highly disputable second bankruptcy, which raises concerns about her capacity to be neutral. It’s true that the bankruptcy will get dismissed anyway.
May 17, 2023 Update The pretend company that J&J made up to handle the bankruptcy of talc informed an New Jersey bankruptcy court that they had allocated $400 million to settle the claims made by states accusing the company of deceitful advertising for its talc products. Talc surgery for lung cancer. It’s a $8.5 billion settlement to cancer victims. It’s difficult to imagine a scenario where J&J can get the baby powder settlements at these numbers. While J&J’s proposed $8.5 billion offer may seem like a huge sum at first, it does not look great when you do the math. This settlement offer based on our estimates – will not provide victims with much more than a median settlement of $100,000 per case. It’s not enough.
May 15th 2023 Update J&J may be in the middle of a lawsuit from an advocacy group representing cancer victims. Talc surgery for lung cancer. The group argues that J&J deliberately withdrew the $61.5 billion funding agreement together with its parent company, LTL Management LLC, to create the appearance of financial hardship and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move is equivalent to a fraudulent transfer of the rights of compensation for victims. They intend to investigate J&J’s actions after the announcement of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: Next week next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy application of J&J subsidiary LTL Management. In the meantime LTL Management has filed an order calling for both parties to participate in a new settlement negotiation in the hope that it will be possible to reach a global settlement agreement come to fruition.
May 5 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer through asbestos exposure. Talc surgery for lung cancer. Over 2,700 individuals have sued the company, and it was paying $1 million per month to defend itself. The company’s recent $29 million settlement on the state of South Carolina forced it to apply for bankruptcy protection and argue for a fair distribution of assets between the claimants of talc instead of being taken over from the receiver. Other suppliers of talc have filed for bankruptcy due to legal proceedings.
May 4 2023 update: U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch negotiations with lawyers who turned down the company’s proposed $8.9 billion agreement. 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 has pushed for further settlement talks.
This is the best way to settle these claims for J&J. The baby powder settlement is likely to get done. Talc surgery for lung cancer. But it’ll need more money, more billions of dollars by Johnson & Johnson.
Lawyers are split on whether or not to agree with the proposal and not every client sees this issue the same way their lawyer does. This second case of bankruptcy is expected to fail, with Judge Kaplan has set a date for a hearing in June to determine whether to discharge the bankruptcy for the 2nd time.
May 3 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) requested to have J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation surrounding talc-based products. The committee representing talc claimants made a motion Tuesday, asking to the Third Circuit to consider their case and send it back the lower court, with instructions to discharge the bankruptcy. Talc surgery for lung cancer. The committee also requested that the stopped tort litigation against J&J continue to continue.
LTL filed for Chapter 11 protection once again after its bankruptcy filing was rejected in the Third Circuit earlier this year and offered a $8.9 billion payment. The committee says that the recent decision allowing LTL’s second Chapter 11 to continue, in addition to halting 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 worldwide vice president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J intends to file a response in the appeals court, saying that the filing is an “desperate and legally flawed effort” by a select group of law firms who have conflicts of financial interests.
May 1, 2023 Update: One common question that people ask is how the plaintiffs’ lawyers and their clients turn off $8.9 billion. Of course, it’s quite a sum. There are a lot of victims. Talc surgery for lung cancer. They are a great cases for plaintiffs. We were reminded of this recently with two talc trials led to huge verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon led to a verdict that was $18.1 million. The following month, a second mesothelioma talc case was brought to trials on the other side of South Carolina and resulted in a verdict of $29million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. one of the top suppliers of talc within the U.S.
April 30th 2023 Update: J&J initially attempted to pull the talcum powder litigation into bankruptcy, they came with an offer to set aside $2 billion for settlements. It was a ridiculously small amount. None of the talc plaintiffs agreed with the proposal. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs will allow a bankruptcy settlement and they also have the support of a large portion of the talc plaintiffs as well as their lawyers. Talc surgery for lung cancer. However, 75% of plaintiffs of talc are needed for approval of the bankruptcy plan is not an easy task due to the sheer number of lawyers with vast stocks of baby powder-related lawsuits, opposed against the proposed settlement.
What is the solution to this impasse? More billions.
April 25, 2023 Update Talc patients have demanded a judge disqualify the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, insisting that the company is not financially troubled. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc surgery for lung cancer. It was the 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not eligible to receive bankruptcy relief because it did not show financial distress.
The claimants contend that LTL’s second Chapter 11 case is an overreach of the bankruptcy system and it is being pursued in bad good faith. J&J says the bankruptcy settlement has “significant backing” from firms representing around 60,000 people who are claiming. It’s safe to say that plaintiffs’ lawyers and the victims are split over this $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits alleging that the company offered a baby powder with a contaminant that caused cancer. Although the trials for the talc lawsuits have been suspended for a minimum of 60 days and new lawsuits are able to be filed and lawyers will begin preparing their cases. Talc surgery for lung cancer. The judge expressed skepticism over J&J’s ridiculous effort to revive its plan with a second bankruptcy trial.
April 13th 2023: Update on the big update is about the $8.9 billion over 25 years settlement offer. Lawyers representing cancer patients within MDL class action MDL class action have pledged to challenge the settlement Talc claimants. Why? They think it is not enough money for more than 70,000 cancer victims. Talc surgery for lung cancer. These lawyers argue that J&J could negotiate a greater settlement or litigate individual claims if the most recent bankruptcy is thrown out.
There is a different group of lawyers outside of the leadership of this class action. They have amassed the equivalent of tens of thousands of lawsuits. They want to settle the case now in what many believe to be far less than what these victims deserve. Their argument seems to be two-fold. First, they argue that the settlement, which is about 100 million dollars on average per plaintiff is fair.
This argument isn’t easy to argue. However, their second argument has more force: victims should no longer wait and want the money immediately.
April 12 2023 Update: Many are seeking out how J&J could file for bankruptcy again. The answer is complex and complex. Let’s try to clarify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only means to deal with both present and future talc lawsuits conclusively. That is, it believes it can pay less in the event of a bankruptcy element that creates pressure for a settlement. Talc surgery for lung cancer. In a quest to cover hundreds of years of American time, the business asserts that bankruptcy benefits all parties as it distributes settlement payments more evenly and effectively than trial courts, in which some litigants receive substantial settlements while others get nothing.
The main thrust of the 3rd Circuit decision was this isn’t a case that involves the profit-making company that has an affiliate to accept the legal liability and declare bankruptcy – Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified the company was in financial trouble because J&J assured it of unlimited funding.
Thus, J&J did not hesitate to take advantage of the unlimited funding aspect of the agreement and didn’t promise that it would provide unlimited funds for cases. The company claims that its revised financing arrangements with its subsidiary address concerns of the appellate court, while providing funds for claims. As if offering victims less money will solve the problem at hand.
Attorneys representing cancer patients who do not agree with the agreement counter this by arguing that the plaintiff is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole did not go unnoticed: victims’ lawyers call it the most significant “fraudulent deal that has occurred in United States history.”
In spite of the legal jargon, J&J does not really think this bankruptcy will survive. But it’s a way of trying to push this $8.9 billion settlement through and maintain the pressure on plaintiffs.
April 10, 2023, Update Bloomberg has an interesting piece on a law that has been passed of New Jersey that is shedding new light on the funding of litigation in the baby powder class action lawsuit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a portion of any wins. J&J has now offered to pay $8.9 billion in settlements for all lawsuits.
The funders’ involvement is publicly available because of a New Jersey court rule requiring the release of certain details about funders outside the state. The rules aim to respond to the increasing calls for the regulation of lawsuit funders. J&J has to deal with more than 60,000 lawsuits when you include federal and state baby powder lawsuits. Third-party funding in mass tort claims is not without its pros and cons. But there is no question that we are seeing how third-party financing can help level the playing field between individual and big corporations in the courtroom.
April 4 2023 Update: It is fun to watch the worm turn in this litigation. J&J has taken another blow this week, when they were denied by the Third Circuit denied J&J’s request to maintain the automatic stay as J&J appeals an appeal at the U.S. Supreme Court. This automatic stay frozen the cases of talcum powder in a number of years and stopped the filing of new lawsuits ever since J&J started the controversial process to spin the talc debts into a bankrupt subsidiary over a year back. Talc surgery for lung cancer. When the 3rd Circuit ruled that this bankruptcy was not valid only a few months back, the stay was removed. J&J had hoped to have it continued pending the SCOTUS appeal. But the answer was no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The odds that the Supreme Court is willing even to hear the appeal? Low.
March 16 2023 Update: With the bankruptcy stay in effect, the first new cases were filed and incorporated into the Talcum Powder class action MDL in just over a year. Seven new talc lawsuits have been joined to the MDL in the last month which brings the total number of cases in the pending process up to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now demanding that authorities from the U.S. Government Accountability Office (GAO) begin an investigation to determine how much J&J product containing talc has cost the government over the years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of not recognizing the risks of its talc product for years while tax dollars were spent on treating people who suffered injuries from exposure to the product. The lawsuit comes just a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc surgery for lung cancer. J&J needs to start making reasonable settlement proposals for victims in order getting this behind it. This is a blemish on one of the world’s greatest companies.
February 14 2023 Update: In a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc surgery for 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!