You May be Entitled to Significant Compensation Why talc is 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 talc settlement will pay 400 million dollars to US state AGs. Why Talc Is Bad .

Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of a larger $8.9 billion plan to settle allegations that its Baby Powder and other talc-based product causes cancer. Why talc is bad.

J&J company 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 in bankruptcy settlement. Why talc is bad. J&J has said that its Talc products are safe and will not cause cancer. It’s trying for an additional time to conclude more than 38,000 lawsuits brought in bankruptcy, as well as prevent new lawsuits from arising in the near future.
The bankruptcy plan of LTL would pay $400 million into an additional trust to settle claims filed in state courts by attorneys general alleging that J&J did not comply with states’ unfair practices and consumer protection laws, by deceiving consumers about the dangers of its talc products.

A number of states had already initiated consumer protection cases against J&J prior to the time that LTL’s bankruptcy filing prevented those investigations from proceeding in 2021. Why talc is bad. New Mexico and Mississippi had already brought actions for damages against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands according to court papers.

New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL along with cancer sufferers and The U.S. Justice Department’s watchdog on bankruptcy, who have argued that a successful business like J&J cannot benefit from bankruptcy protections aimed at struggling debtors.
The first time LTL attempted to settle the bankruptcy lawsuits was rejected after the same arguments. In the end, a U.S. appeals court decided it was not LTL did not have “financial difficulty” and thus not eligible to receive bankruptcy relief. Why talc is bad. LTL declared bankruptcy a second time in just two hours following that dismissal, arguing that the second bankruptcy was different due to the fact that there was less money available and had more support for a settlement.

New Mexico and Mississippi said in their motion to dismiss LTL’s renewed bankruptcy violates state law enforcement authorities in attempting to unilaterally limit the liability of the company for state consumer protection actions.

Why Talc Is Bad

LTL’s new filings also included more details on how the company plans to evaluate and settle cancer claims should the bankruptcy plan be approved.

The largest amount of money under the settlement will be $500,000 to those diagnosed with terminal mesothelioma before age 45. Why talc is bad. The second payment would be $260,000 for those diagnosed with terminal ovarian cancer before age 45.

The proposed settlement provides discounts based on the severity and type of cancer, an individual’s age, the history of talc use and other factors. Why talc is bad. For example an individual who was using the talc product on a regular basis, had an ancestral history of ovarian cancer and was diagnosed stage II ovarian cancer at the age of 55 may be eligible for a $21,125 payment under the program.

Judge gives order to J&J, talc opponents to take part in settlement talks.

After another round of hearings in Johnson & Johnson’s effort to employ a Texas Two Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing the plan to enter into negotiations to settle the matter, Bloomberg reports.

With its second bankruptcy attempt for LTL Management–a subsidiary established by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Why talc is bad. While one group of law firms representing plaintiffs support the offer, another group is opposed to the offer.

This week, the opposition group, called the Official Committee of Talc Claimants and urging the bankruptcy court for dismissal of the matter by arguing that LTL can not be considered financially distressed.

“The filing is an unjust and legally flawed attempt by a tiny number of law firms to block claimants from voting on the resolution plan – a plan the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Why talc is bad. “The law firms who filed these filings have interests in finance that conflict with, differ from and contravene those they represent. We will be submitting an answer an appeal to the appellate court.”

Why talc is bad. Clay Thompson, a lawyer for MRHFM that has more than 80 mesothelioma patients who have sued J&J for bankruptcy, told J&J’s second bankruptcy effort failed.

“J&J issue press releases about how great the plan is but simultaneously requesting that details of the plan, such as what each sick person will receive,” Thompson said in an announcement. “What do J&J have to keep secret?”

Image Talcum Powder Lawsuit Lawyers

Kaplan has instructed both sides to develop a new arrangement plan under supervision by two mediators.

In February 2022, Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would release J&J from the thousands of lawsuits over its talcum products.

But in the month of January, a federal appeals court overturned the decision, ruling that the company was not able to be considered to be in “financial financial distress.”

When J&J’s attempt to make an appeal before the U.S. Supreme Court was denied at the end of April J&J applied for its first bankruptcy roughly two hours later. In response to that move, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to approve an additional bankruptcy.

J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.

With the two Chapter 11 attempts, J&J has gotten 19 months of which cases were placed held. Why talc is bad. J&J wants the claimants to accept their settlement. J&J requires 75% acceptance in order for the agreement to be accepted.

In addition to the gang of talc lawyers that criticized the company’s bankruptcy as well, the U.S. Trustee, a branch from the U.S. Department of Justice is also submitting an application to dismiss LTL’s second bankruptcy.

In a filing 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 accessible to those that don’t have a legitimate bankruptcy objective or seek to use bankruptcy to hinder or delay their creditors,” Vara continued.

For its part, J&J maintains there is no definitive evidence to suggest that its talc products, including the famous baby powder, can cause cancer. J&J has taken the products of the market first to be available in North America in 2020–and the remainder of the globe later this year.

J&J is determined to stay clear of the cost of going to trial. It has prevailed in the majority of cases that have been decided through trial, though some losses have been very severe.
A highly publicized trial in Missouri resulted in a $4.7 billion verdict against the drug maker and was later lowered 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 in appeal or concluded. Out of 41 trials, 32 have resulted in winning for J&J or a mistrial, or verdict of a plaintiff overturned on appeal. Why talc is bad. The company also in 2020 moved to settle nearly 1,000 cases worth 100 million dollars, Bloomberg announced at that time.

Talcum Baby Powder Ovarian Cancer Lawsuit – Why Talc Is Bad

Our lawyers handle baby powder lawsuits across all 50 states. The lawsuits involving talcum powder against Johnson & Johnson have been ongoing for many years. Why talc is bad. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient found in products such as Shower to Shower Powder or Shower to Shower as well as other products, may cause ovarian cancer among some women.

This article provides the J&J update on the talc power litigation and discusses 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 people who think the deadline has passed to sue 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 Talc Is Bad

June 2 2023 Update: At the asbestos talc case that took place in California yesterday, a couple of technical issues disrupted the opening statements of the defense lawyers. Why talc is bad. Jurors watching from home via Zoom, did hear Johnson & Johnson’s lawyer voice his doubt about the 70s research affirming the presence of asbestos in their product before the session abruptly ended.

The plaintiff was able to introduce its first expert witness Arthur Langer. Langer stated that the presence of other minerals with talc is inevitable. He claimed that his group was notified by J&J in 1971 about the presence of chrysotile asbestos within the company’s talc, albeit in just 0.1 percent. He also found more asbestos in 1976.

June 1, 2023 Update: Why talc is bad. First trial after J&J decided to spin off its talc division and declare bankruptcy is an important turning point of the ongoing lawsuit saga. The trial started yesterday in the heartbreaking trial of a young plaintiff, diagnosed with an aggressive and rare form of mesothelioma last year, which lawyers on both sides agree is a tragic loss.

Opening statements revealed the sharp differences in the two sides’ story. The plaintiff’s attorney took aim at Johnson & Johnson, alleging that the company employed deceitful strategies in its research practices as well as throughout the litigation procedure. As per the lawyer Johnson & Johnson tried to alter asbestos’ definition, despite internal documents dating back to between 1978 and 1994 that showed asbestos fibers in the tissue of the plaintiff are included.

Johnson &J’s highly uncertain $8.9 billion settlement offer hangs in the balance as we course 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 result in an enormous setback for J&J’s hopes for broad acceptance of their proposed settlement among plaintiffs.

May 31st 2023 Update: Johnson & Johnson’s bankrupt talc business was able to defend the 2nd Chapter 11 filing in the in the face of challenges from the talc injury plaintiffs. In an appeal to the New Jersey bankruptcy court, it argued that the filing was fundamentally different from the earlier filing. It emphasized the unprecedented commitment to $8.9 billion in settlement from J&J which is the largest settlement ever in any bankruptcy case that involves mass tort. Why talc is bad. The issue is not discussed: whether the amount of the settlement indicates that it is an equitable settlement. J&J also claimed support from numerous plaintiffs’ law firms that represent over 60,000 claimants. It is difficult to confirm however it is likely to be incorrect.

May 24 2023 Update: Following Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial involving its cosmetic talc products that are believed to comprised of asbestos is set to start jury selection on Monday, May 24, California within the Alameda County Superior Court, a historically good jurisdiction for plaintiffs. The plaintiff claims that his mesothelioma was triggered by asbestos exposure from J&J’s products, an allegation the company is denying. The trial also includes six retailers accused of selling talc-containing products.

May 22, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now in a dispute over who should be chosen to fill the role of future claims representative, the role is crucially essential in resolving the claim for talc. Why talc is bad. Randi Ellis, a lawyer who frequently appears in MDLs across the country, was appointed as the claims representative in the first bankruptcy. J&J’s defense team wants Ellis to be appointed to this position again, but lawyers for the talc plaintiffs have raised objections because Ellis has a conflict of interest which would prohibit her from being appointed to that post once more. The dispute stems from reality that Ellis was involved in drafting the controversially contested second bankruptcy, which raises questions about her ability to be neutral. The reality is this bankruptcy is likely to be dismissed regardless.

May 17, 2023 Update The pretend company that J&J formed for the talc litigation bankruptcy informed an New Jersey bankruptcy court that they had allocated $400 million to pay the claims brought by states accusing J&J of misleading marketing for its talc-based products. Why talc is bad. It’s a $8.5 billion settlement for cancer sufferers. It’s difficult to imagine an eventuality where J&J will be able to push the baby powder settlements at these numbers. Although J&J’s $8.5 billion offer may seem like a huge sum initially, it may not look very appealing when you consider the math. This settlement offer based on our rough calculations, would not offer victims anything more than $100,000 per case. That’s not enough.

May 15th 2023 Update J&J may be in the middle of a suit from an advocacy group that represents cancer patients. Why talc is bad. The group claims that J&J intentionally canceled a $61.5 billion financing agreement with its subsidiary, LTL Management LLC, in order to create a false sense of financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group argues that this act could be interpreted as a fraudulent transfer of right to compensation for victims. They intend to investigate J&J’s actions as a result of the dismissal of the first bankruptcy case of LTL.

May 10 2023 Update: The following week this week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy filing from J&J company LTL Management. In the meantime the bankruptcy has issued an order that requires both parties to take part in a second settlement mediation hoping that the global settlement can be reached.

May 5, 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer due to asbestos exposure. Why talc is bad. Over 2,700 individuals have sued the firm, and it was spending $1 million a month to defend its legal position. The company’s latest $29 million settlement at the Supreme Court of South Carolina forced it to apply for bankruptcy protection and argue for equitable distribution of assets between talc claimants rather than being taken in the hands of the receiver. Other talc suppliers have also filed for bankruptcy due to the litigation.

May 4 2023 Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to reopen talks on settlement with lawyers who rebuffed Johnson & Johnson’s $8.9 billion deal. It was in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps to take in another bankruptcy proceeding and Judge Kaplan encouraged further settlement talks.

This is the solution to settle these claims with J&J. A baby powder settlement can be achieved. Why talc is bad. But it will require more money – more billions of dollars – coming from Johnson & Johnson.

Lawyers have a split opinion on whether to take the proposal or not and not all clients view the issue in the same manner their attorney does. A second bankruptcy proceeding is expected to be a failure as Judge Kaplan has scheduled a hearing for June to decide if he will dismiss the bankruptcy for the second time.

May 3, 2023 Update: A group of cancer patients suing Johnson & Johnson (J&J) asked to have the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation involving talc products. The group representing the claimants made a motion Tuesday, asking for the Third Circuit to consider their case and to send it back before a court of lower jurisdiction with instructions for dismissing the bankruptcy. Why talc is bad. They also asked that stoppage of tort litigation against J&J allow the litigation to proceed.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was denied in the Third Circuit earlier this year and offered the possibility of an $8.9 billion settlement. The committee believes that the recent ruling, which allows LTL’s third Chapter 11 to continue, while also halting trials against J&J, warrants urgent Third Circuit review. The US Trustee has also requested it be requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation, Erik Haas, was quoted by Bloomberg as saying that J&J intends to file a statement to the appeals court declaring the filing an “desperate and legally flawed effort” by a handful of law firms who have conflicting financial interests.
May 1st, 2023 Update: One most frequently asked question is how plaintiffs and their lawyers turn on $8.9 billion. Of course, it’s a lot of money. However, there are lots of victims. Why talc is bad. And these are really good cases for plaintiffs. We have been reminded of this recently with two talc trials have resulted in huge verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon ended in a verdict worth $18.1 million. A month later, another mesothelioma trial involving talc was held for trials within South Carolina and resulted in a verdict of $29million in favor of plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. one of the top manufacturers of talc in U.S.
April 30 2023 Update: When J&J first tried to bring the litigation over talcum powder into bankruptcy, they came with an offer to set aside $2 billion to settle the case. This was an absurdly low amount. The talc plaintiffs had not were in favor of the proposal. This time around, however, J&J has increased the offer to $8.9 if the talc plaintiffs are willing to accept bankruptcy settlements and they also have the support of a large segment of the talc plaintiffs and their lawyers. Why talc is bad. But 75% of the plaintiffs of talc are necessary for bankruptcy plan approval It’s a long and difficult process because of the number of lawyers who have large inventory of baby powder lawsuits opposed in favor of the deal.

What can be done to end the impasse? More billions.
April 25, 2023 Update Talc cancer claimants have demanded a judge disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, saying the company is not financially distressed. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Why talc is bad. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company wasn’t eligible for bankruptcy relief because it had not demonstrated financial trouble.

The claimants contend that LTL’s Second Chapter 11 case is an fraud on the bankruptcy system and that the case is being handled in bad faith. J&J asserts that the bankruptcy settlement has “significant backing” from companies representing around 60,000 people who are claiming. It is fair to say that plaintiffs’ lawyers and victims ‘ lawyers are divided on their disagreement over the $8.9 billion amount of settlement offered.

April 21, 2023 Update: A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits alleging that it sold tainted baby powder causing cancer. Although the trials for the talc lawsuits have been suspended for a minimum period of 60 days however, new lawsuits may be filed and lawyers may begin to prepare their cases. Why talc is bad. The judge expressed skepticism over J&J’s absurd attempt to revive its plan with another bankruptcy case.

April 13th, 2023 update: the major update is about the $8.9 billion over the next 25 years settlement offer. Lawyers representing cancer patients within MDL class action MDL collective action pledged to fight the settlement alongside Talc claimants. Why? They argue that it’s not enough money for more than 70,000 cancer victims. Why talc is bad. They argue that J&J should seek a bigger settlement or settle individual claims in the event that the latest bankruptcy is declared unconstitutional.

But there is another group of lawyers outside of the leadership group in the class action. These lawyers have amassed hundreds of thousands of cases. This group wants to settle in what many believe to be less than the victims deserve. The argument they make is twofold. The first is that they claim the settlement – about 100 million dollars on average per plaintiff is fair.

This argument isn’t easy to make. The second argument is more force: victims should not afford to wait any longer and need to get their money right now.

April 12 2023 Update: Some people are looking for ways J&J can file for bankruptcy once more. The answer is complex and confusing. Let’s try to simplify it simply.
Johnson & Johnson asserts that bankruptcy is the only option to settle both present and future lawsuits involving talc conclusively. It believes that it will be less expensive should there be an element of bankruptcy that puts pressure to settle. Why talc is bad. Moving past more than 400 years in American history, the company asserts that bankruptcy benefits all parties because it distributes settlement payments more evenly and more efficiently than trial courts which are where litigants get significant payouts, while others are left with nothing.

The basic tenet in the 3rd Circuit decision was this is not a case of a profitable company making an affiliate to accept the legal responsibility and declare bankruptcy – Congress thought of when drafting its Bankruptcy Code. However, it also stated that the entity was financially distress because J&J offered unlimited financing.
So J&J decided to go with the unlimited funding portion of the agreement and did not promise that it would provide unlimited funds for litigation. J&J claims that its revised financing arrangements with its subsidiary address concerns of the appeals court while offering claim payment funds. As if providing victims with lesser money could solve the overarching problem.

Lawyers representing cancer patients who oppose the agreement counter this by arguing that the plaintiff is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous decision. The hyperbole wasn’t spared attorneys representing the victims claim it the largest “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 pushing this $8.9 billion settlement to keep the pressure on plaintiffs.

April 10 2023, Update Bloomberg offers an informative article on a new law in New Jersey that is shedding new light on the funding of litigation in the baby powder suit for class actions. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) concerning talc products in exchange in exchange for a portion of profits. J&J is now offering the payment of $8.9 billion to settle lawsuits.

The involvement of funders is publicly available due to an New Jersey court rule requiring the release of certain details about outside funding backers. The law is designed to tackle the growing demands for the regulation of lawsuit funders. J&J is facing more than 60,000 claims when you add up federal and state infant powder litigation. Third-party funding of mass tort cases has pros and cons. But there is no question that we are seeing how third-party financing can help level the playing field between individuals and big corporations in court.

April 4, 2023 Update: It is fun to watch the worm turn in this litigation. J&J has taken another blow this week when the Third Circuit denied J&J’s request to extend the automatic stay as J&J appeals a bankruptcy decision before 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 being filed ever since J&J began the controversial plan to spin the talc liabilities off into a bankrupt subsidiary over a year back. Why talc is bad. After the 3rd Circuit ruled that this bankruptcy was not valid some months ago, the stay was revoked. J&J wanted to see it continue in the meantime of an appeal to 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 chance is that the Supreme Court is willing even to consider the appeal? Low.
March 16 2023 Update: with the bankruptcy stay being fully lifted, the first new cases have been filed and transferred into the class action for talcum powder MDL within a year. Seven new talc lawsuits were added to the MDL during the month of March and brought the total number of pending cases up to 37,522.

February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now calling for be the U.S. Government Accountability Office (GAO) initiate an investigation into the amount J&J product containing talc has cost the government in the many years.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc products for decades while tax dollars were spent treating those injured by exposure to the product. The lawsuit comes just a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.

Why talc is bad. J&J needs to start making reasonable settlements for victims in order getting this behind. It’s a mark on one of the greatest businesses.

February 14 2023 Update: During a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.