You May be Entitled to Significant Compensation Why is talc so bad. 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 be worth $400 million to US state AGs. Why Is Talc So Bad .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of its larger $8.9 billion effort to settle allegations that it’s Baby Powder and other talc product causes cancer. Why is talc so bad.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company will pay various types of cancer victims as part of an arrangement for bankruptcy. Why is talc so bad. J&J has declared that its Talc products are safe, and do not cause cancer. It is attempting for another time to settle more than 38,000 lawsuits in bankruptcy and prevent new cases from coming forward in the future.
LTL’s bankruptcy plan would pay $400 million to an additional trust to settle claims brought in state courts by attorneys general alleging that J&J did not comply with states’ unfair practices as well as consumer protection laws by misleading consumers regarding the security of its talc-based products.
Several states had begun consumer protection cases against J&J before LTL’s first bankruptcy filing stopped those investigations from moving forward in 2021. Why is talc so bad. New Mexico and Mississippi had already brought suit against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas, according to LTL’s court filings.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished in a joint move with cancer victims and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. They argue that a profit-making company like J&J can’t benefit from bankruptcy protections intended for struggling debtors.
The company’s initial attempt to resolve the bankruptcy-related lawsuits was dismissed after similar arguments. The U.S. appeals court decided it was not LTL had not been in “financial financial distress” and therefore not eligible of bankruptcy protection. Why is talc so bad. LTL had filed for bankruptcy again less than two hours after that dismissal, arguing that its second attempt was different as it was able to borrow less and had a greater chance of securing the settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s new bankruptcy violates state law enforcement powers in attempting to unilaterally limit the company’s liability for state consumer protection laws.
Why Is Talc So Bad
LTL’s filings for the new year also contained more information on how the company would evaluate and settle 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 mesothelioma terminal prior to age 45 and $260,000 for patients diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement will offer discounts based on the kind and severity of the cancer, the person’s age, history of using talc and other factors. Why is talc so bad. For example an individual who was using daily talc products, had the family history of ovarian cancer, and was diagnosed with stage II ovarian cancer when she was 55 might qualify for a $21,125 payout under the program.
Judge orders J&J, talc opponents to participate in settlement talks.
Following another round of hearings in Johnson &Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the move to conduct settlement talks, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL management, a subsidiary founded by J&J to handle the claims company made a settlement offer of $8.9 billion. Why is talc so bad. While a group of law firms representing plaintiffs is in favor of the settlement, a different group is against the settlement.
The previous week, the opposition group, known as”The Official Committee of Talc Claimants, urged the bankruptcy court for dismissal of the matter by argument that LTL is not considered to be financially distressed.
“The filing is an unjust and legally flawed attempt by a tiny number of law firms to try to stop claimants from deciding on the resolution plan, a plan the vast and growing majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Why is talc so bad. “The law firms who filed this filing have financial interests that are in conflict with, diverge from, and are in opposition to the interests which their clientele. We’ll submit an answer in the appeals court.”
Why is talc so bad. Clay Thompson, a lawyer for MRHFM, which boasts more than patients with mesothelioma who have filed lawsuits against J&J and J&J, has said that J&J’s second bankruptcy effort failed.
“J&J sends out press releases about how wonderful its plan is, while requesting that details of the plan, such as what individual sick people would actually receive–be kept secret,” Thompson said in a statement. “What is J&J’s plan to cover up?”
Kaplan has commanded the parties to devise a second strategy for reorganization, under the supervision from two mediators.
In February 2022, Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that would free J&J from the hundreds of thousands of claims regarding its talcum products.
But in the month of January, a federal appeals court ruled against the decision, deciding that the company could not be considered to be in “financial distress.”
When J&J’s attempt to contest the U.S. Supreme Court was denied on April 1, J&J declared bankruptcy two hours later. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow an additional bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B talc litigation charge.
In the 2 Chapter 11 attempts, J&J has purchased 19 months of which cases have been on hold. Why is talc so bad. J&J wants the claimants to vote on accepting their settlement. J&J requires 75% approval for the deal to pass.
In addition to the team of talc attorneys who have panned LTL’s bankruptcy plan and the U.S. Trustee which is a division belonging to the U.S. Department of Justice was also the one to file motions to dismiss LTL’s second bankruptcy case.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest, but naive debtors.” These doors “are not open to any parties who do not have a legitimate bankruptcy purpose or that seek to abuse the bankruptcy process to hinder or delay their creditors.” Vara continued.
To its credit, J&J maintains there is no conclusive evidence that its Talc products, which includes its iconic baby powder, cause cancer. J&J has adopted the products from the market and will first launch them on North America in 2020–and the rest of the world next year.
J&J is determined to stay clear of the cost of going to trial. It has prevailed in most of the cases that have been resolved in court, however some losses have been punitive.
A highly publicized trial in Missouri ended in a $4.7 billion verdict against the drug company but 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 on appeal or have been settled. Out of 41 trials 32 of them ended in the favor of J&J either through a mistrial or verdict for a plaintiff that was annulled after appeal. Why is talc so bad. The company also in 2020 negotiated to settle over 1000 cases for 100 million dollars, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Why Is Talc So Bad
Our lawyers are handling the baby powder litigation in every state. The lawsuits involving talcum powder for Johnson & Johnson have been in the process for several years. Why is talc so bad. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in many products, including Shower to Shower Powder as well as Shower to Shower, can cause ovarian cancer in certain women.
This page provides a J&J Talc Power Update and discusses how the upcoming bankruptcy ruling will affect the final settlement amounts of these cases of ovarian cancer.
Is the deadline for you to bring a talcum lawsuit? Many who believe the statute of limitations has passed to file a lawsuit against Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Why Is Talc So Bad
June 2 2023 Update: During the trial for asbestos-containing talc at the trial in California yesterday, a few technical issues interrupted the opening statements made by defense attorneys. Why is talc so bad. Jurors who were watching from home via Zoom, did hear Johnson & Johnson’s lawyer voice his doubts about the 70s research asserting the presence of asbestos in their product before the proceedings abruptly ended.
In the meantime, the plaintiff could introduce their first witness, Arthur Langer. Langer explained that the occurrence of other minerals in the talc’s mineral content is inevitable. He said that his team advised J&J in 1971 of the presence of chrysotile asbestos in the talc produced by the company, although in lower than 0.1 percent. He also uncovered more asbestos in the year 1976.
June 1, 2023 Update: Why is talc so bad. This is the first court trial that has taken place since J&J has decided to separate its Talc section and declaring bankruptcy is an important point in the ongoing talc lawsuit saga. The trial started yesterday in the poignant case of a young, 24-year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma last year. which lawyers on both sides believe is a harrowing tragedy.
Opening statements revealed the stark differences in each side’s narrative. The attorney representing the plaintiff aimed his ire on Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation procedure. As per the lawyer the company attempted to manipulate asbestos’ definition, in spite of internal documents from between 1978 and 1994 that showed asbestos fibers that were found in the tissue of the plaintiffs are included.
Johnson &J’s highly uncertain $8.9 billion settlement offer hangs in the balance as we progress of this trial. Despite the particularity of this mesothelioma-related case and its unique challenges compared to other lawsuits involving talcum powder ruling in favor of the plaintiff could result in a serious setback to J&J’s hope of gaining broad acceptance for their proposed settlement among plaintiffs.
May 31 2023 Update: Johnson & Johnson’s bankrupt talc unit is defending their second Chapter 11 filing in the face of challenges from injured talc claimants. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation differed fundamentally from the previous filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion to J&J as the largest settlement ever in the history of a mass tort bankruptcy. Why is talc so bad. The issue is not discussed: whether this amount indicates that it is a fair settlement. J&J also claimed that it received support from several plaintiffs’ legal firms representing over sixty thousand claimants. This is difficult to verify however it is likely to be incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the first trial concerning its cosmetic talc products that are believed to comprised of asbestos is set to begin jury selection on Monday, May 24, California with Alameda County Superior Court, an historically reliable place for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure through J&J’s products and the company denies. The trial also includes six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update: Lawyers in the 2nd J&J Talc bankruptcy are currently fighting over who should be chosen to fill the post of future claims representative. This is an important role critical to resolving claims involving talc. Why is talc so bad. Randi Ellis, a lawyer who regularly appears in MDLs throughout the United States was appointed as the claims representative in the initial bankruptcy. J&J’s defense team would like Ellis to be named to the position in the future, however lawyers representing the plaintiffs in talc are arguing because Ellis has an interest conflict that would prevent her from assuming that position for the second time. The dispute stems from fact that Ellis was reportedly involved in drafting the hotly contesting second bankruptcy, which raises concerns about her capability to remain neutral. However, the reality is that the bankruptcy will be dismissed regardless.
May 17th, 2023 Update: The pretend company J&J put together for the talc bankruptcy told the New Jersey bankruptcy court that they had allocated $400 million to pay the claims of states that accuse the company of deceptive advertising for its talc-based products. Why is talc so bad. That’s an $8.5 billion settlement for cancer victims. It is hard to imagine an eventuality where J&J can get these settlements for babies with these numbers. While J&J’s $8.5 billion offer may seem like a huge sum initially, it will not look good when you look at the numbers. This settlement proposal – by our rough calculations, would not pay victims much more than a median settlement of $100,000 per instance. That is not enough.
May 15, 2023 Update: J&J might be facing suit from an advocacy group that represents cancer patients. Why is talc so bad. The group claims that J&J deliberately withdrew the $61.5 billion funding agreement that it had with its company subsidiary LTL Management LLC, to simulate financial stress and validate the unit’s Chapter 11 bankruptcy filing. The group argues that this act could be interpreted as a fraudulent transfer of the right to compensation for victims. They will investigate J&J’s actions in the wake of the decision to dismiss the LTL’s bankruptcy case in its first instance.
May 10, 2023 Update: Next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to reject the second bankruptcy filing of J&J company LTL Management. In the meantime, it has approved an Order calling for both parties to take part in a settlement mediation with the hopes of achieving it will be possible to reach a global settlement agreement brokered.
May 5, 2023 Update: Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Why is talc so bad. Over 2700 people have sued the firm, and it was spending $1 million a month to defend itself. The company’s recent $29million verdict that was handed down in South Carolina forced it to apply for bankruptcy protection and argue for equitable distribution of assets between talc claimants rather than being confiscated in the hands of the receiver. Other suppliers of talc have filed for bankruptcy due to the litigation.
May 4, 2023, Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume talks on settlement with lawyers who have rejected Johnson & Johnson’s $8.9 billion offer for settlement. In Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps to take in the second bankruptcy case and Judge Kaplan has pushed for further settlement talks.
This is the solution to resolve the claims of J&J. The baby powder settlement is likely to be made. Why is talc so bad. However, it will require more money, more billions of dollars – from Johnson & Johnson.
Lawyers have a split opinion on whether or not to agree with the proposal and not every client sees the issue the same way their lawyer does. Second bankruptcy cases are destined to be a failure as Judge Kaplan has set a date for a hearing in June to determine if she will discharge the bankruptcy for the 2nd time.
May 3 2023 Update A group of cancer patients suing Johnson & Johnson (J&J) demanded an order from J&J’s 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 group representing the claimants has filed a motion this week, asking the Third Circuit to consider their case and to send it back the lower court with instructions to dismiss the bankruptcy. Why is talc so bad. They also asked that stoppage of tort litigation against J&J should be permitted to continue.
LTL has filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected in the Third Circuit earlier this year and offered a $8.9 billion deal. The committee believes that the recent decision allowing LTL’s third Chapter 11 to continue, in addition to halting trials against J&J is a reason for an immediate Third Circuit review. The US Trustee also 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 saying that J&J intends to file a reply in the appeals court characterizing the filing as a “desperate and legally flawed move” by a handful of law firms that have different financial interests.
May 1 2023 Update: A common question that people ask is how the plaintiffs’ lawyers and their clients turn around $8.9 billion. That’s of course quite a sum. There are a lot of victims. Why is talc so bad. They are a great case for plaintiffs. We were reminded of this last week when two talc cases resulted in big verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon ended in an award worth $18.1 million. The following month, a second mesothelioma trial involving talc was held for trial in South Carolina and resulted in the verdict of $29 million on behalf of the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc., one of the leading suppliers of talc within the U.S.
April 30 2023 Update: In the year 2023, when J&J initially tried to take the talcum powder lawsuit into bankruptcy, it was met with an offer to reserve $2 billion to settle the case. The sum was ridiculously low. There was no one among the talc victims who agreed with the offer. This time, J&J has increased the offer to $8.9 if the talc plaintiffs will allow a bankruptcy settlement and they have the backing of a significant section of the talc victims and their lawyers. Why is talc so bad. But 75% of the plaintiffs in the talc category, which is needed for approval of the bankruptcy plan is a difficult road with so many lawyers with massive inventories of baby powder lawsuits that are opposed towards the agreement.
What are the solutions to the impasse? More billions.
April 25, 2023, Update Talc plaintiffs have asked a judge 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 troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Why is talc so bad. It was the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company was not eligible for bankruptcy relief as it was unable to demonstrate financial stress.
The claimants assert that the third Chapter 11 case is an overreach of the bankruptcy system, and that it is being pursued in bad faith. J&J asserts that the bankruptcy settlement has “significant support” from firms representing approximately 60,000 people who are claiming. It is fair to say plaintiffs’ lawyers and victims ‘ lawyers are divided on this $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits alleging that the company sold baby powder that was contaminated and causing cancer. Even though trials for talc lawsuits are paused for at least 60 days, new lawsuits can be filed, and lawyers may begin to prepare their cases. Why is talc so bad. The judge expressed his doubts about J&J’s absurd attempt to revive its strategy with the second bankruptcy case.
April 13 2023: Update on the major news is the $8.9 billion over 25 year period settlement offered. Lawyers representing cancer victims involved in the MDL Class Action have pledged to fight the settlement along with the talc claimants. Why? They think it is not enough to pay for 70,000 victims who have cancer. Why is talc so bad. The lawyers say that J&J should negotiate a bigger settlement or litigate individual claims if the most recent bankruptcy is declared unconstitutional.
But there’s a separate lawyer group that isn’t part of the leadership of group action. The lawyers collectively have accumulated hundreds of thousands of cases. The group is seeking to settle now with what they believe is far less than what these victims deserve. Their argument appears to be twofold. They argue that the settlement – which amounts to the equivalent of $100,000 per plaintiff – is fair.
That is a hard argument to argue. However, their second argument has more force: victims should not afford to wait any longer and need their money today.
April 12 2023 Update: People are looking for ways J&J is able to file for bankruptcy once more. The answer is complicated and convoluted. Let’s try to simplify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only means to settle both present and future lawsuits involving talc conclusively. It believes it can pay less should there be the bankruptcy element which applies pressure to negotiate a settlement. Why is talc so bad. Going back to the 400-year span of American past, the company believes that bankruptcy is beneficial to all parties by distributing settlement payments more evenly and effectively than trial courts, in which some litigants receive substantial award while others do not.
The essence in the 3rd Circuit decision was this is not a case of one that makes a profit, but subsidiaries to meet the legal responsibility and declare bankruptcy Congress thought of when drafting its Bankruptcy Code. However, it also stated that the entity was in financial trouble because J&J promised unlimited funding.
So J&J took advantage of the unlimited funding part of the contract but did not pledge to provide unlimited funding for lawsuits. The company says that its updated financing arrangements with its subsidiary address appeals court’s concerns, while supplying funds for claim payments. As if providing victims with less money will solve the overarching problem.
Attorneys representing cancer patients who oppose the agreement counter this by arguing that the plaintiff is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole did not go unnoticed attorneys representing the victims claim this the biggest “fraudulent deal of assets in United States history.”
In spite of the legal jargon, J&J does not really think this bankruptcy will survive. It is however a method of pushing this $8.9 billion settlement to keep the pressure on plaintiffs.
April 10 2023 Update: Bloomberg offers an informative article about a new law 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 claims from Johnson & Johnson (J&J) concerning talc products in exchange for a percentage of any wins. J&J is now offering an offer of $8.9 billion to settle all lawsuits.
The involvement of the funders is public information because of a New Jersey court rule requiring the release of certain details about outside funding backers. This rule is intended to tackle the growing demands for regulation of the litigation funders. J&J faces over 60,000 claims when you include federal and state Baby Powder lawsuits. Third-party funding in mass tort claims has both pros and pros and. However, there is no doubt that we are seeing the ways that third-party funding can even the playing field for individuals and large corporations in the courtroom.
April 4 2023 Update: It’s pleasing to see the worm turn in this legal battle. 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 while J&J appeals a bankruptcy ruling in the U.S. Supreme Court. It has stopped thousands of talcum cases and stopped any new lawsuits from getting filed ever since J&J began the controversial plan to spin the talc liabilities into a bankrupt company over a year in the past. Why is talc so bad. When it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient some months ago, the stay was lifted. J&J was hoping to have it stayed in place 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 odds that is that the Supreme Court is willing even to hear the appeal? Low.
March 16 2023 Update: with the bankruptcy stay now officially lifted, the first new cases were filed and incorporated into the class action for talcum powder MDL within a year. Seven new talc cases were included in the MDL during the month of March increasing the number of cases in the pending process up to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now calling for the U.S. Government Accountability Office (GAO) initiate an investigation into the cost J&J product containing talc has cost the government in the years.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the risks of its talc-based products for decades while tax dollars were used to treat those who were injured through exposure to the product. The demand comes just weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Why is talc so bad. J&J should begin to make reasonable settlement offers to victims to begin in putting this behind it. This is a disgrace to one of the greatest companies.
February 14 , 2023 Update: At an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Why is talc so bad. 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!