You May be Entitled to Significant Compensation Why is talc bad in cosmetics. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed settlement for talc would provide $400 million to US state AGs. Why Is Talc Bad In Cosmetics .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of its broader $8.9 billion effort to settle claims that its Baby Powder and other talc items cause cancer. Why is talc bad in cosmetics.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company plans to pay different kinds of cancer sufferers in an arrangement for bankruptcy. Why is talc bad in cosmetics. J&J has said that its Talc products are safe, and will not cause cancer. It’s trying for a second time to resolve more than 38,000 lawsuits filed in bankruptcy and stop new cases from being filed in the future.
The bankruptcy plan of LTL would pay $400 million to a separate trust for claims filed by state attorneys general alleging that J&J was in violation of state unfair business practices and consumer protection laws by misleading consumers about the security of its talc-based products.
Many states had initiated consumer protection measures against J&J prior to the first bankruptcy filing stopped those investigations from moving forward in 2021. Why is talc bad in cosmetics. New Mexico and Mississippi had already brought suit with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court documents.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL along with cancer sufferers and The U.S. Justice Department’s bankruptcy watchdog. They have argued that a successful firm like J&J is not eligible for bankruptcy protections designed for those struggling with debt.
The company’s initial attempt to resolve the bankruptcy cases was rejected after the same arguments, when a U.S. appeals court decided in favor of LTL was not in “financial difficulty” and ineligible for bankruptcy protection. Why is talc bad in cosmetics. LTL filed a second bankruptcy in just two hours following the dismissal, saying that its second attempt was different in that it was able to borrow less and more backing for the possibility of settling.
New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates state law enforcement authorities in attempting to unilaterally limit the liability of the company in state consumer protection measures.
Why Is Talc Bad In Cosmetics
LTL’s new filings also included more information on how the company would assess and pay for cancer claims should the bankruptcy plan be approved.
The maximum amount under the settlement will be $500,000 to those diagnosed with terminal mesothelioma before age 45. Why is talc bad in cosmetics. The second payment would be $260,000 for those diagnosed with terminal ovarian cancer before age 45.
From there, the proposed settlement offers discounts based on the nature and severity of cancer, the patient’s age, previous using talc and other factors. Why is talc bad in cosmetics. For example an individual who was using talc products weekly, had the family history of ovarian cancer and was diagnosed the stage 2 ovarian cancer when she was 55 might qualify for a $21,125 payment under the program.
Judge orders J&J and talc opponents discuss settlement negotiations.
Following another hearing in Johnson and Johnson’s efforts to use a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the plan to hold talks to reach a settlement, Bloomberg reports.
With its second bankruptcy bid for LTL Management, a subsidiary created by J&J to hold the claims–the company offered a settlement amounting to $8.9 billion. Why is talc bad in cosmetics. While a firm representing plaintiffs is in favor of the deal, another group opposes the move.
This week, the opposition group, called the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss this case by argument that LTL is not considered to be in financial hardship.
“The filing is a desperate and legally deficient attempt by a few of law firms to block 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. Why is talc bad in cosmetics. “The law firms behind the filing are pursuing financial interests which do not align with, differ from and oppose the interests of their clients. We’ll soon submit an appeal to the appellate court.”
Why is talc bad in cosmetics. Clay Thompson, a lawyer for MRHFM that is home to more than mesothelioma clients who have filed lawsuits against J&J for bankruptcy, told the second bankruptcy attempt of J&J is likely to fail.
“J&J publishes press release about how wonderful its plan is, while insisting that the plan’s details, including what the individual sick individuals would receive,” Thompson said in a statement. “What do they have to hide?”
Kaplan has directed the parties to come up with another strategy for reorganization, under the oversight of 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 over its talcum products.
However, in the month of January, an appeals court of the federal government overturned the decision, deciding that the company was not able to be considered in “financial difficulty.”
The J&J’s plan to challenge the U.S. Supreme Court was rejected in April, J&J declared bankruptcy just two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether or not to approve another bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B settlement charge for talc.
Through 2 Chapter 11 attempts, J&J has purchased 19 months of which the cases were held. Why is talc bad in cosmetics. The company wants claimants to decide whether they want to accept the settlement. J&J would need 75% of the vote for the deal to go through.
Alongside the group of talc lawyers who criticised the company’s bankruptcy play, the U.S. Trustee, a branch of the U.S. Department of Justice, also filed motions to dismiss the second bankruptcy case of LTL.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest but unfortunate debtors.” These doors “are not available to anyone that don’t have a legitimate bankruptcy objective or seek to use bankruptcy to hinder or delay their creditors,” Vara continued.
To its credit, J&J maintains there is no definitive evidence to suggest that its Talc products, which includes its iconic baby powder, can cause cancer. J&J has taken the products from the market and will first launch them to be available in North America in 2020–and the remainder of the globe later this year.
J&J seeks to avoid the expense of going to court. The company has won the majority of the cases that were decided in court, however some losses have been very punitive.
A high-profile trial in Missouri led to a $4.7 billion verdict against the drug company, which was later reduced to $2.1 billion following 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 on appeal or have been concluded. Out of 41 trials, 32 of them ended in the favor of J&J, a mistrial or verdict of a plaintiff reversed in appeal. Why is talc bad in cosmetics. Additionally, the company in 2020 moved to settle around 1,000 cases for the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Why Is Talc Bad In Cosmetics
Our lawyers handle the baby powder litigation in all 50 states. The lawsuits involving talcum powder against Johnson & Johnson have been ongoing for years. Why is talc bad in cosmetics. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in products such as the Baby Powder as well as Shower to Shower as well as other products, may cause cancer of the ovary in certain women.
This page offers an J&J talc power litigation update and provides an overview of how the upcoming bankruptcy ruling affects the final settlement amount in the cases of ovarian cancer.
Is the deadline for you to file a talcum powder lawsuit? Many people who think the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Why Is Talc Bad In Cosmetics
June 2 2023 Update: During the asbestos talc trial at the trial in California yesterday, a few technical issues halted the opening statement by the defense attorneys. Why is talc bad in cosmetics. The jurors, attending from home on Zoom, did hear Johnson & Johnson’s lawyer expressing skepticism about the 70s science that claimed asbestos was present in their product, but the proceedings abruptly ended.
In the meantime, the plaintiff could introduce an initial witness Arthur Langer. Langer explained that the existence of other minerals in the talc mineral is a given. He claimed that his group was notified by J&J in 1971 about the presence of chrysotile asbestos in the company’s talc, albeit at just 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update Why is talc bad in cosmetics. A trial for the first time since J&J took the decision to disband its talc segment and file for bankruptcy marks a pivotal moment in the ongoing talc lawsuit saga. The trial started yesterday in the harrowing case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive form of mesothelioma in the past year, a diagnosis lawyers on both sides of the argument agree is a grave tragedy.
Opening statements revealed sharp differences in the two sides’ narrative. The attorney for the plaintiff took aim on Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation process. As per the lawyer, Johnson & Johnson tried to alter asbestos’ definition, in spite of internal documents dating from 1998 and 1994 that show asbestos fibers that were found in the plaintiff’s tissue are included.
Johnson & Johnson’s precarious $8.9 billion settlement is hanging in the balance as we development of the trial. Despite the distinct nature of this mesothelioma case and its distinct issues compared to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could inflict a serious setback to J&J’s hopes for broad acceptance of the settlement they have proposed among plaintiffs.
May 31, 2023: Update from Johnson and Johnson’s bankrupt talc unit vigorously defended its 2nd Chapter 11 filing in the opposition of injured talc claimants. In a written objection to the New Jersey bankruptcy court, the subsidiary argued that the case was fundamentally different from the earlier filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion to J&J the biggest settlement ever to be made in the history of a mass tort bankruptcy. Why is talc bad in cosmetics. There was no mention of how this amount means it is an equitable settlement. J&J also claimed that it received support from several plaintiffs’ legal firms representing over 600,00 claimants. This is difficult to verify but is probably incorrect.
May 24 2023 Update: As of Johnson & Johnson’s bankruptcy in 2021 filing, the first trial involving its cosmetic talc products that are believed to that contain asbestos is scheduled to commence jury selection on Monday in California with Alameda County Superior Court, which is a well-known location for plaintiffs. The plaintiff claims that his mesothelioma resulted from asbestos exposure through J&J’s products, an allegation the company has denied. The trial also includes six retailers accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers in the 2nd J&J Talc bankruptcy are currently in a dispute over who should be appointed to the post of the claims representative in the future, which is vitally important to resolving the Talc claims. Why is talc bad in cosmetics. Randi Ellis, a lawyer who is frequently involved in MDLs across the country was appointed the claims representative in the previous bankruptcy. J&J’s defense attorneys want Ellis to be named to the position yet again, but the lawyers for the talc plaintiffs have raised objections on the grounds that Ellis has conflicts of interest that would prevent her from holding that position in the future. The dispute stems from possibility that Ellis was involved in drafting the hotly disputable second bankruptcy, which raises doubts about her capability to remain neutral. In reality, this bankruptcy could get dismissed anyway.
May 17th, 2023 Update: The fake company J&J created for the talc litigation bankruptcy informed a New Jersey bankruptcy court that they have designated $400 million to pay the claims made by states accusing the company of deceitful advertising regarding its talc products. Why is talc bad in cosmetics. This amounts to an $8.5 billion settlement for cancer sufferers. It’s difficult to envision a scenario where J&J can push the settlements of baby powder through with these numbers. Although J&J’s $8.5 billion offer sounds like a large sum initially, it may not look good after you calculate the figures. This settlement proposal – by our rough calculations, would not be able to pay victims more than an average settlement $100,000 per case. That is not enough.
May 15th, 2023 Update: J&J may be in the middle of a lawsuit brought by an advocacy group that represents cancer victims. Why is talc bad in cosmetics. The group claims J&J deliberately withdrew a $61.5 billion fund-raising agreement that it had with its company subsidiary LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims this decision is a fraud transfer of rights of victims’ compensation. They will investigate J&J’s actions after the announcement of the decision to dismiss the first bankruptcy case of LTL.
May 10, 2023 Update: Next week next week, this week 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, this bankruptcy court has issued an order requiring both sides to take part in a second settlement mediation to see if a global settlement deal can brokered.
May 5th 2023 Update: Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. Why is talc bad in cosmetics. Over 2,700 individuals have sued the firm, and it was spending $1 million a month for legal defense. The company’s latest $29 million verdict that was handed down in South Carolina forced it to seek bankruptcy protection, arguing for a fair distribution of assets among talc claimants instead of being confiscated from the receiver. Other suppliers of talc have declared bankruptcy because of litigation.
May 4 2023 update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume talks with lawyers who rejected the company’s proposed $8.9 billion offer for settlement. The court in Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps for another bankruptcy proceeding. Judge Kaplan was pushing for more settlement discussions.
This is the solution to settle these claims with J&J. A baby powder settlement can be completed. Why is talc bad in cosmetics. However, it’ll require additional money – perhaps billions of dollars – coming from Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not all clients see the situation the same way their attorney does. Second bankruptcy cases are likely to fail and Judge Kaplan has set a date for a hearing in June to decide whether to remove the bankruptcy after the second.
May 3 2023 Update A group of cancer patients suing Johnson & Johnson (J&J) demanded to have they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation regarding talc-related products. The group representing the claimants made a motion Tuesday requesting to the Third Circuit to consider their case and send it back the lower court with instructions to discharge the bankruptcy. Why is talc bad in cosmetics. The committee also requested that the stopped tort litigation against J&J allow the litigation to continue.
LTL requested Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year and offered the possibility of an $8.9 billion payment. The committee says that the recent ruling, which allows LTL’s 2nd Chapter 11 to continue, and also stopping trials against J&J, warrants immediate Third Circuit review. The US Trustee has also 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 declaring that J&J intends to file a response to the appeals court saying that the filing is an “desperate and legally insufficient attempt” by a few of law firms who have competing financial interests.
May 1st, 2023 Update: One frequently asked question is how could plaintiffs and their lawyers be able to turn on $8.9 billion. That’s of course quite a sum. However, there are lots of victims. Why is talc bad in cosmetics. These are actually a good cases for plaintiffs. We were reminded of this recently with two talc trials resulted in big verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon was settled with the verdict in the amount of $18.1 million. In the same month, a different mesothelioma-related talc case went to trials on the other side of South Carolina and resulted in a verdict of $29million to the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. which is one of the top manufacturers of talc in U.S.
April 30 2023 Update: When J&J first tried to bring the lawsuit over talcum powder into bankruptcy, they came with an offer to reserve $2 billion for settlements. This was an absurdly low amount. The talc plaintiffs had not supported the proposal. However, this time, J&J has increased the offer to $8.9 in the event that the talc victims are willing to accept bankruptcy settlements and they also have the backing of a significant section of the talc victims and their attorneys. Why is talc bad in cosmetics. But with 75% of talc plaintiffs, which is needed for approval of the bankruptcy plan is a difficult road because of the number of lawyers who have massive stocks of baby powder lawsuits that are opposed to the settlement.
What could solve the impasse? More billions.
April 25, 2023 Update Talc patients have requested a judge to reject their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, insisting that the company is not financially distressed. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Why is talc bad in cosmetics. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible for bankruptcy relief because it failed to show financial stress.
The claimants contend that LTL’s second Chapter 11 case is an fraud on the bankruptcy system, and that it’s being pursued in bad faith. J&J asserts that the bankruptcy settlement is backed by “significant backing” from firms representing around 60,000 plaintiffs. It’s safe to say that the plaintiffs’ attorneys and victims ‘ lawyers are not united over their disagreement over the $8.9 billion offer for settlement.
April 21st, 2023 Update: A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits claiming that the company sold baby powder that was contaminated and causing cancer. While trials in the talc lawsuits have been suspended for at least 60 days but new lawsuits can be filed, and lawyers will begin preparing their cases. Why is talc bad in cosmetics. Judges expressed doubt about J&J’s attempt to revive its strategy by filing the second bankruptcy case.
April 13, 2023: Update on the most important announcement is an $8.9 billion over 25 years of settlement. Lawyers representing cancer victims involved in MDL class action MDL class action have promised to challenge the settlement Talc claimants. Why? They believe it’s not enough for 70 000 cancer patients. Why is talc bad in cosmetics. These lawyers argue that J&J should seek a bigger settlement or litigate individual claims if the most recent bankruptcy is thrown out.
However, there is a second lawyer group that isn’t part of the leadership in that class action. The lawyers collectively have accumulated tens of thousands of cases. This group wants to settle for what many argue is far less than what these victims deserve. Their argument is twofold. They argue that the settlement, which is about 100 million dollars on average per plaintiff is fair.
This is an argument that is difficult to make. The second argument is more teeth: victims can now not wait and they want to get their money right now.
April 12 2023 Update: People are asking how J&J can file for bankruptcy again. The answer is complicated and complex. However, let’s attempt to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only means to settle both present and future talc lawsuits conclusively. In other words, it thinks it can get a lower rate in the event of a bankruptcy element that creates pressure to settle. Why is talc bad in cosmetics. Driving past more than 400 years in American time, the business argues that bankruptcy benefits all parties as it distributes settlements more equally and effectively than trial courts, where litigants are awarded significant payouts, while others are left with nothing.
The gist of the 3rd Circuit decision was this is not a case – an enterprise that is profitable, forming a subsidiary to take the legal responsibility and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. However, the court also ruled that the entity was in financial distress because J&J promised unlimited funding.
Thus, J&J took advantage of the unlimited funding aspect of the deal and didn’t make any promises to provide unlimited funding for cases. The company claims that its updated financing arrangements with its subsidiary address the appeals court’s concerns, while offering funds to pay claims. It’s as if giving victims lesser money could solve the overarching problem.
Attorneys 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 decision. The hyperbole wasn’t spared attorneys representing the victims claim it the most significant “fraudulent deal that has occurred in United States history.”
Despite the legal jargon, J&J does not really think that the bankruptcy will endure. But it is a way of pushing this $8.9 billion settlement to keep pressure on plaintiffs.
April 10, 2023 update: Bloomberg is running an intriguing 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. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) regarding talc products, in exchange for a portion of any wins. J&J is now offering an offer of $8.9 billion to settle lawsuits.
The involvement of the funders is publicly available because of a New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The law is designed to respond to the increasing calls for regulation of litigation funders. J&J faces over 60,000 claims when you include state and federal baby powder lawsuits. Third-party funding for mass tort lawsuits has both pros and pros and. There is no doubt that we are seeing how third-party funding could level the playing field between individuals and large corporations in court.
April 4, 2023 Update: It is pleasing to see the worm turning in this litigation. J&J suffered another setback this week when an appeals court in the Third Circuit denied J&J’s request to continue the automatic stay in the meantime that J&J appeals an appeal in the U.S. Supreme Court. It has frozen the cases of talcum powder in a number of years and stopped new lawsuits from arising ever since J&J initiated the controversial effort to spin the talc liability into a bankrupt company over one year earlier. Why is talc bad in cosmetics. When it was decided that the 3rd Circuit ruled that this bankruptcy was not valid a few months ago, the stay was removed. J&J had hoped to have it remain in effect until the SCOTUS appeal. But 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 of the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay in effect, the first new cases were filed and incorporated into the class action involving talcum powder MDL in the space of a year. Seven new talc lawsuits were added 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 2023 Update: A Congressmen from Tennessee has now demanded that be the U.S. Government Accountability Office (GAO) start an investigation into the amount J&J Talc products have cost the government over the decades.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of not recognizing the risks of its talc products over decades while tax dollars were spent treating those injured by exposure to the products. The suit comes just a few days after J&J’s loss to the 3rd Circuit Court of Appeals.
Why is talc bad in cosmetics. J&J needs to start making fair settlement offers for victims in order the process of putting all this behind it. This is a disgrace to one of the world’s greatest companies.
February 14 2023 Update: At the hearing held today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Why is talc bad in cosmetics. 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!