You May be Entitled to Significant Compensation Talcum powder lawsuit status. 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 provide the sum of $400 million US state AGs. Talcum Powder Lawsuit Status .
Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of its wider $8.9 billion plan to settle allegations that it’s Baby Powder and other talc products cause cancer. Talcum powder lawsuit status.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company intends to pay different types of cancer sufferers in bankruptcy settlement. Talcum powder lawsuit status. J&J has claimed that its Talc products are safe, and won’t cause cancer. It is attempting for the second time to end more than 38,000 lawsuits brought in bankruptcy, as well as prevent new lawsuits from arising in the near future.
LTL’s bankruptcy plan will pay $400 million to an additional trust to settle claims brought by state attorneys general alleging that J&J was in violation of the state’s unfair commercial practices as well as consumer protection laws by misinforming consumers about the dangers of its talc products.
Many states had initiated consumer protection lawsuits against J&J before LTL’s first bankruptcy filing stopped those investigations from proceeding in 2021. Talcum powder lawsuit status. New Mexico and Mississippi had already launched actions with Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas, according to LTL’s court documents.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL along with cancer sufferers as well as The U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making company such as J&J is not eligible for bankruptcy protections designed for those struggling with debt.
The first attempt by LTL to resolve the bankruptcy lawsuits was dismissed after similar arguments. A U.S. appeals court ruled it was not LTL had not been in “financial difficulty” and was not eligible for bankruptcy protection. Talcum powder lawsuit status. LTL made a new bankruptcy application just over two hours after the dismissal, saying that its second attempt was different as it had less money and more support for the possibility of settling.
New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates the law enforcement powers of the state by seeking to unilaterally limit LTL’s liability to state consumer protection measures.
Talcum Powder Lawsuit Status
LTL’s new filings also included additional details about the way in which the company will evaluate and pay for cancer claims in the event that the bankruptcy plan is approved.
The maximum amount under the settlement will be $500,000 for patients diagnosed with cancer of the mesothelioma ovary before age 45, and $260,000 for people diagnosed with advanced ovarian cancer prior to age 45.
The proposed settlement offers discounts based on the kind and severity of cancer, the individual’s years of age, their history of usage of talc and other variables. Talcum powder lawsuit status. For instance someone who regularly used daily talc products, had an ovarian cancer family history, cancer and was diagnosed the stage 2 ovarian cancer by age 55 could be in line to receive a payout of $21,125 under the program.
Judge ordains J&J and talc opponents discuss settlement negotiations.
Following another hearing in Johnson & Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the move to conduct settlement talks, Bloomberg reports.
With its second bankruptcy bid for LTL management, a subsidiary founded by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Talcum powder lawsuit status. While one group of law firms representing plaintiffs is in favor of the offer, another group opposes the deal.
In the last week, an opposition group, which is known as the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss the case saying that LTL is not a factor to be in financial trouble.
“The filing is an unjust and legally flawed attempt by a few of law firms to prevent claimants from voting on the resolution plan–a plan that the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Talcum powder lawsuit status. “The law firms involved in the filing are pursuing financial interests which are in conflict with, contradict and infringe on the rights of their clients. We’ll be submitting a response in the appeals court.”
Talcum powder lawsuit status. Clay Thompson, a lawyer for MRHFM which has more than 80 mesothelioma victims who have sued J&J and J&J, has said that J&J’s second bankruptcy attempt 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 private,” Thompson said in a statement. “What do J&J have to cover up?”
Kaplan has instructed the sides to develop a new restructuring plan, with supervision from two mediators.
As of February 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would free the company from the hundreds of thousands of claims concerning its talcum products.
However, in the month of January, a federal appeals court overturned the verdict, ruling that the company was not able to be considered to be in “financial financial distress.”
When J&J’s attempt to appeal to the U.S. Supreme Court was rejected in April, J&J filed for its second bankruptcy roughly two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to grant the second bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B cost of litigation involving talc.
In the 2 Chapter 11 attempts, J&J has purchased 19 months of which cases were placed in limbo. Talcum powder lawsuit status. J&J wants the claimants to vote on accepting their settlement. J&J needs 75% acceptance for the settlement to be approved.
Alongside the group of talc lawyers that criticized the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee, a branch of the U.S. Department of Justice, also filed motions 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 naive debtors.” These doors “are not open to parties that don’t have a legitimate bankruptcy objective or seek to take advantage of the bankruptcy process to delay or hinder their creditors.” Vara continued.
In its own words, J&J maintains there is no definitive evidence to suggest that its Talc-based products, such as its iconic baby powder, can cause cancer. J&J has taken its products off of the market–first to be available in North America in 2020–and the rest of the world this year.
J&J seeks to avoid the cost of going to trial. It has prevailed in the majority of the cases that have been resolved through trial, though certain losses have been severe.
A high-profile trial in Missouri ended in an $4.7 billion verdict against the drugmaker and was later lowered 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 trial involving talc that are appealing or decided. Out of 41 trials, 32 of them ended in the favor of J&J or a mistrial, or verdict for a plaintiff that was reversed on appeal. Talcum powder lawsuit status. In addition, J&J in 2020 negotiated to settle over 1000 cases for $100 million, Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talcum Powder Lawsuit Status
Our lawyers handle baby powder lawsuits across every state. The lawsuits involving talcum powder against Johnson & Johnson have been in the process for several years. Talcum powder lawsuit status. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient in products like baby Powder as well as Shower to Shower as well as other products, may cause ovarian cancer in some women.
This page offers an J&J Talc Power Update and provides an overview of how the upcoming bankruptcy ruling impacts the ultimate settlement amount in these ovarian cancer lawsuits.
Is the deadline for you to file a talcum powder lawsuit? Many who believe that the deadline 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 – Talcum Powder Lawsuit Status
June 2 2023 Update: In the asbestos talc case in California yesterday, a couple of technical issues interrupted the opening speech of defense attorneys. Talcum powder lawsuit status. The jurors, attending from home on Zoom, did hear Johnson & Johnson’s lawyer voice his skepticism about the 70s science that claimed asbestos was present in their product prior to the proceedings abruptly ended.
The plaintiff had the opportunity to introduce an initial witness Arthur Langer. Langer explained that the occurrence of other minerals alongside the talc’s mineral content is inevitable. He said that his team informed J&J in 1971 of the presence of asbestos chrysotile in the talc of the company, but with less than 0.1 percent. The asbestos was discovered by him in the year 1976.
June 1, 2023 Update: Talcum powder lawsuit status. The first trial since J&J took the decision to disband its talc section and declaring bankruptcy marks an important point for the ongoing litigation drama. 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 earlier this year. which both sides of the argument agree is a tragedy of a different kind.
Opening statements revealed the huge differences between the sides’ story. The plaintiff’s attorney took aim on Johnson & Johnson, alleging the use of deceptive strategies in its research practices as well as throughout the litigation process. The attorney claims that, according to, the company tried to manipulate the definition of asbestos, despite internal documents dating back to the year 1978 and 1994 indicating that asbestos fibers that were found in the tissue of the plaintiffs are included.
Johnson & Johnson’s uncertain $8.9 billion settlement offer hangs in the balance with the progress of this trial. Despite the distinctive nature of this mesothelioma case and the unique issues it faces compared to other talcum powder lawsuits ruling in favor of the plaintiff could cause an unintended setback to Johnson & J’s hopes of broad acceptance of the settlement they have proposed among plaintiffs.
May 31st, 2023: Update from Johnson and Johnson’s bankrupted talc unit has was able to defend it’s two-time Chapter 11 filing in the face of challenges from the talc injury plaintiffs. In an appeal to the New Jersey bankruptcy court, the subsidiary argued that the filing was vastly different from the previous filing. It also emphasized the unprecedented commitment of $8.9 billion from J&J which is the largest ever settlement in any bankruptcy case that involves mass tort. Talcum powder lawsuit status. There was no mention of how the size of the settlement implies that it is an equitable settlement. J&J also claimed support from various plaintiffs’ law companies representing over 600,00 claimants. It is difficult to confirm however it is likely to be incorrect.
May 24, 2023 Update: Since Johnson &J Johnson’s bankruptcy filing, the first trial involving the cosmetic talc products it claims to with asbestos content is scheduled to start jury selection Monday, May 24, California in Alameda County Superior Court, a historically good jurisdiction for plaintiffs. The plaintiff claims that his mesothelioma is the result of asbestos exposure through J&J’s products and the company is denying. The trial also involves six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are now in a dispute over who should be chosen to fill the role of a the future claims representative, an important role important to resolving the claim for talc. Talcum powder lawsuit status. 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 group wants Ellis to be appointed in that position and again, but attorneys for the talc plaintiffs are objecting on the grounds that Ellis has a conflict of interest which would prohibit her from taking on that role for the second time. This conflict is rooted in the possibility that Ellis was reportedly involved in the creation of the hotly contesting second bankruptcy, which raises doubts about her ability to be neutral. The reality is this bankruptcy could be dismissed regardless.
May 17, 2023 Update: The pretend company J&J formed to settle the talc litigation bankruptcy disclosed to a New Jersey bankruptcy court that they have allocated $400 million to settle claims brought by states accusing J&J of misleading marketing regarding its talc products. Talcum powder lawsuit status. That’s an $8.5 billion settlement for cancer victims. It’s hard to imagine an eventuality where J&J could push the baby powder settlements in these figures. Although J&J’s $8.5 billion offer may seem like a large sum at first, it does not look good when you do the math. The proposed settlement based on our estimates – will not provide victims with much more than an average settlement $100,000 per instance. This isn’t enough.
May 15th 2023 Update: J&J is potentially facing a lawsuit brought by an advocacy group representing cancer patients. Talcum powder lawsuit status. The group claims J&J intentionally withdrew a $61.5 billion contract for funding 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 claims this decision is a fraud transfer of the rights of victims’ compensation. They will investigate J&J’s actions as a result of the denial of LTL’s first bankruptcy suit.
May 10 2023 Update: Next week in this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy application from J&J company LTL Management. In the meantime, however it has approved an Order requiring both sides to participate in a settlement mediation to see if a global settlement deal can brokered.
May 5th 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Talcum powder lawsuit status. Over 2700 people have sued the firm and it has been spending $1 million a month to defend its legal position. The company’s recent $29million settlement in South Carolina forced it to seek bankruptcy protection, arguing that assets should be distributed in an equitable manner between the claimants of talc instead of being taken by the receiver. Other suppliers of talc have declared bankruptcy because of lawsuits.
May 4, 2023 update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume talks with lawyers who have rejected the company’s $8.9 billion deal. In Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps in another bankruptcy proceeding. Judge Kaplan was pushing for more settlement discussions.
This is the solution to settle these claims for J&J. A settlement for baby powder can get done. Talcum powder lawsuit status. However, it will require additional money – perhaps billions of dollars by Johnson & Johnson.
Lawyers are split on whether or not to agree with the proposal and not all clients view the issue in the same manner their lawyer views it. The second bankruptcy case is likely to fail with Judge Kaplan has scheduled a hearing in June to determine whether to discharge the bankruptcy for the 2nd time.
May 3 2023 Update: A group of cancer victims suing Johnson & Johnson (J&J) asked that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation regarding talc-related products. The group representing claimants for talc filed a motion on Tuesday asking for the Third Circuit to consider their case and send it back the lower court with instructions for dismissing the bankruptcy. Talcum powder lawsuit status. They also asked that the stopped tort litigation against J&J continue to continue.
LTL filed for Chapter 11 protection once again after its first bankruptcy filing was denied in the Third Circuit earlier this year and offered a $8.9 billion agreement. The committee says that the recent ruling, which allows LTL’s third Chapter 11 to continue, as well as halting the trials against J&J should be subject to urgent Third Circuit review. The US Trustee requested an 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 response in the appeals court characterizing the filing as an “desperate and legally insufficient attempt” by a handful of law firms with conflicting financial interests.
May 1st 2023 Update: A question people keep asking is how plaintiffs and their lawyers turn on $8.9 billion. Of course, it’s an immense amount of money. But there are a lot of victims. Talcum powder lawsuit status. They are a great arguments for plaintiffs. We were reminded recently by two talc-related trials that have resulted in huge verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon ended in the verdict that was $18.1 million. A month later, another mesothelioma trial involving talc was held for trials on the other side of South Carolina and resulted in a verdict of $29million on behalf of the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. which is one of the top manufacturers of talc in U.S.
April 30th 2023 Update: In the year 2023, when J&J initially tried to take the lawsuit over talcum powder into bankruptcy, it was met with an offer to put aside $2 billion to settle the case. It was a ridiculously small amount. All of the talc plaintiffs supported the proposal. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and they also have the backing of a significant segment of the talc plaintiffs and their attorneys. Talcum powder lawsuit status. However, 75% of plaintiffs who are a talc, which is required for bankruptcy plan approval is a difficult road since there are so many lawyers with huge inventories of baby powder lawsuits that are opposed to the settlement.
What can be done to end the impasse? More billions.
April 25, 2023 update: Talc patients have asked 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 has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talcum powder lawsuit status. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not a candidate to receive bankruptcy relief because it failed to show financial stress.
The claimants argue that LTL’s second Chapter 11 case is an abuse of the bankruptcy system and that it’s being conducted in bad good faith. J&J asserts that the bankruptcy settlement is backed by “significant support” from firms representing approximately 60,000 claimants. It is fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are divided on their disagreement over the $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge ruled in favor of Johnson & Johnson must face new lawsuits alleging that the company offered a baby powder with a contaminant that caused cancer. Although trials for talc lawsuits are paused for a minimum period of 60 days, new lawsuits can be filed, and lawyers may begin to prepare their cases. Talcum powder lawsuit status. The judge expressed skepticism over J&J’s pathetic attempt to revive its strategy with a second bankruptcy case.
April 13th 2023 Update: The major update is about the $8.9 billion over 25 years offer for settlement. Lawyers representing cancer patients within the MDL Class Action have promised to fight the settlement along with those who claim talc. Why? They believe it’s too little money for the more than 70,000 cancer victims. Talcum powder lawsuit status. These lawyers argue that J&J could negotiate a greater settlement or settle individuals’ claims if the current bankruptcy is declared unconstitutional.
There is a different group of lawyers that is not part of the leadership group in this class action. The lawyers collectively have accumulated the equivalent of tens of thousands of lawsuits. This group wants to settle now for what is believed to be far less than what these victims deserve. Their argument is two-fold. First, they argue the settlement of around 100 million dollars on average per plaintiff is fair.
That is a hard argument to argue. The second argument is more force: victims should no longer wait and want their money today.
April 12 2023 Update: Many are looking for ways J&J can go through bankruptcy again. The answer is complex and complicated. Let’s try to clarify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to address both present and future talc lawsuits conclusively. That is, it believes it can pay less when there is the bankruptcy element which applies pressure to settle. Talcum powder lawsuit status. Moving past 400 years of American past, the company argues that bankruptcy benefits everyone by dispersing settlements more equally and effectively than trial courts which are where litigants get significant award while others do not.
The main thrust of the 3rd Circuit decision was this is not a case of the profit-making company that has subsidiaries to meet the legal responsibility and declare bankruptcy Congress thought of when drafting its Bankruptcy Code. But it also said that the subsidiary was not financially distress due to the fact that J&J offered unlimited financing.
Then J&J jumped on the funding unlimited part of the contract and didn’t make any promises to provide unlimited funding for the litigation. The company says that its new financing agreements with its subsidiary address appeals court’s concerns, while providing funds for claims. As if providing victims with less money will solve the underlying issue.
Lawyers representing cancer patients who oppose the deal counter this argument by saying that it is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole did not go unnoticed: victims’ lawyers call it the biggest “fraudulent deal ever in United States history.”
Despite all the legal jargon, J&J does not really think that the bankruptcy will endure. But it is a way to try and push the $8.9 billion settlement and keep the pressure on plaintiffs.
April 10 2023, Update Bloomberg offers an informative article about a new law within New Jersey that is shedding new light on litigation funding in the suit for class actions. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any settlements. J&J has now offered that it will pay $8.9 billion in settlements for all lawsuits.
The involvement of funders is public knowledge because of an New Jersey court rule requiring the release of certain details regarding outside funding backers. This rule is intended to respond to the increasing calls for the regulation of lawsuit funders. J&J faces over 60,000 claims when you add up state and federal Baby Powder lawsuits. Third-party funding of mass tort cases has both pros and pros and. However, there is no doubt that we are witnessing how third-party financing can help level the playing field between individuals and big corporations in the courtroom.
April 4 2023 Update: It is interesting to watch the worm turn in this case. J&J was hit again this week, when they were denied by the Third Circuit denied J&J’s request to continue the automatic stay during the time that J&J appeals an appeal at the U.S. Supreme Court. The automatic stay has halted the cases of talcum powder in a number of years and stopped new lawsuits from getting filed ever since J&J launched the controversial attempt to spin talc-related liabilities into a bankrupt subsidiary more than a year back. Talcum powder lawsuit status. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal just a few months ago the stay was removed. J&J had hoped to have it remain in effect until an appeal to the 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 chance of the Supreme Court is willing even to accept the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay in effect, the first new cases have been filed and transferred into the Talcum Powder class action MDL in over one year. Seven new talc cases were included in the MDL over the last month increasing the number of pending cases up to 37,522.
February 25, 2023 Update 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 products containing talc have cost the government in the decades.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the risks of its talc products over long while tax dollars utilized to treat people injured by exposure to the chemicals. The lawsuit comes just a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talcum powder lawsuit status. J&J should begin to make reasonable settlement offers to victims to begin getting this behind it. It’s a mark on one of the top companies.
February 14 2023 Update: At an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talcum powder lawsuit status. 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!