You May be Entitled to Significant Compensation Why talc is bad for your skin. 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 would be worth the sum of $400 million US state AGs. Why Talc Is Bad For Your Skin .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of its broader $8.9 billion effort to settle allegations that its Baby Powder as well as other talc products cause cancer. Why talc is bad for your skin.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company will pay various types of cancer sufferers in the bankruptcy settlement. Why talc is bad for your skin. J&J has claimed that its Talc products are safe and don’t cause cancer. It’s trying for an additional time to conclude more than 38,000 lawsuits in bankruptcy, and to prevent any new cases from coming forward in the future.
LTL’s bankruptcy plans would deposit $400 million to an additional trust to settle claims filed by state attorneys general claiming that J&J violated laws against unfair business practices in the State of New York and consumer protection laws by misinforming consumers about the quality of its talc products.
Many states had initiated consumer protection cases against J&J prior to LTL’s bankruptcy filing prevented these investigations from progressing in 2021. Why talc is bad for your skin. New Mexico and Mississippi had already launched suits for damages against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands in LTL’s court filings.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished as well as cancer patients as well as their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a profitable company such as J&J cannot benefit from bankruptcy protections intended for people with debt problems.
LTL’s first attempt at resolving the bankruptcy-related lawsuits was rejected after the same arguments. The U.S. appellate court ruled in favor of LTL wasn’t in “financial distress” and ineligible to receive bankruptcy relief. Why talc is bad for your skin. LTL declared bankruptcy a second time in just two hours following that dismissal, arguing that the second bankruptcy was different because there was less money available and more support for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates state law enforcement powers in attempting to unilaterally limit the company’s liability for state consumer protection measures.
Why Talc Is Bad For Your Skin
LTL’s recent filings also provided more information on how the company would evaluate and settle cancer claims should the bankruptcy plan be approved.
The maximum amount under the settlement would be $500,000 for those diagnosed with mesothelioma terminal prior to age 45, and $260,000 for those who have been diagnosed with ovarian cancer that is terminal prior to age 45.
From there, the proposed settlement applies discounts depending on the type and severity of cancer, the patient’s years of age, their history of using talc and other factors. Why talc is bad for your skin. For example someone who regularly used talc products on a weekly basis, who had an ovarian cancer family history, cancer, and was diagnosed with stage II ovarian cancer by age 55 may be eligible for a $21,125 payment under the settlement plan.
Judge orders J&J, talc opponents to participate in settlement talks.
After another round of hearings in Johnson & Johnson’s attempt to employ a Texas Two Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the strategy to engage in 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 made a settlement offer of $8.9 billion. Why talc is bad for your skin. While one firm representing plaintiffs supports the deal, another group is opposed to the offer.
The previous week, the opposition group, known as the Official Committee of Talc Claimants and urging the bankruptcy court to disqualify the petition asserting that LTL cannot be regarded as in financial hardship.
“The filing is a desperate and legally deficient attempt by a tiny number of law firms to block claimants from voting on the resolution plan–a plan the vast and growing majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Why talc is bad for your skin. “The law firms involved in these filings have interests in finance that conflict with, contradict and are in opposition to the interests that their customers. We’ll soon submit an answer before the court of appeals.”
Why talc is bad for your skin. Clay Thompson, a lawyer for MRHFM, which is home to more than mesothelioma clients who have filed lawsuits against J&J and J&J, has said that J&J’s second bankruptcy attempt is likely to fail.
“J&J issue press releases about how wonderful its plan is while 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 conceal?”
Kaplan has instructed both sides to devise a second arrangement plan under the oversight of two mediators.
The court in February of 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would release J&J from the hundreds of thousands of claims related to its talcum-based products.
However, in January of this year, a federal appeals court ruled against the decision, deciding that the firm could not be considered in “financial distress.”
When J&J’s attempt to challenge the U.S. Supreme Court was rejected the same month, J&J was granted a second petition for bankruptcy about two hours later. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether or not to accept another bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B cost of litigation involving talc.
Through Two Chapter 11 attempts, J&J has bought 19 months during which cases were put in limbo. Why talc is bad for your skin. The company would like claimants to decide whether they want to accept the settlement. J&J requires 75% approval for the settlement to be approved.
In addition to the gang of talc lawyers who panned the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee, a branch belonging to the U.S. Department of Justice, also filed a motion to dismiss the second bankruptcy case of LTL.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest but unfortunate debtors.” These doors “are not open to parties that don’t have a legitimate bankruptcy goal or who seek to use bankruptcy to delay or hinder their creditors,” Vara continued.
On the other hand, J&J maintains there is no definitive evidence to suggest that its Talc products, which includes the famous baby powder, cause cancer. J&J has taken the products of the market, first to be available in North America in 2020–and the rest of the world this year.
J&J seeks to avoid the cost of going to court. It has prevailed in most of the cases decided during trial, however, certain losses have been extremely punishing.
A high-profile trial in Missouri produced a $4.7 billion judgment against the drug manufacturer but was later reduced 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 on appeal or have been decided. In 41 trials 32 have resulted in the favor of J&J as well as mistrials or plaintiff verdict that was dismissed after appeal. Why talc is bad for your skin. Separately, the company in 2020 sought to settle around 1,000 cases worth 100 million dollars, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Why Talc Is Bad For Your Skin
Our lawyers handle the baby powder litigation in all 50 states. The lawsuits involving talcum powder for Johnson & Johnson have been in the process for several years. Why talc is bad for your skin. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in products like the Baby Powder along with Shower to Shower as well as other products, may cause ovarian cancer among some women.
This page provides an J&J Talc Power litigation update and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amount in the ovarian cancer lawsuits.
Is the deadline for you to make a claim for talcum powder? Many who believe that the statute of limitations has passed to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Why Talc Is Bad For Your Skin
June 2 2023 Update: At the asbestos talc trial which took place in California yesterday, some technical glitches interrupted the opening statements made by defense attorneys. Why talc is bad for your skin. The jurors, attending from their homes via Zoom, did hear Johnson & Johnson’s lawyer voice his doubt about the 70s research that claimed asbestos was present in their product before the proceedings abruptly ended.
Meanwhile, the plaintiff could introduce the first of their witnesses, Arthur Langer. Langer stated that the presence of additional minerals along with talc is inevitable. He claimed that his group had notified J&J in 1971 of the presence of chrysotile asbestos in the company’s talc, albeit in lesser than 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update Why talc is bad for your skin. A trial for the first time since J&J has decided to separate its Talc segment and file for bankruptcy is a pivotal moment of the ongoing litigation controversy. The trial began on Tuesday in the poignant trial of a young plaintiff who was diagnosed with a rare and aggressive form of mesothelioma earlier this year. an illness that lawyers on both sides acknowledge is a harrowing tragedy.
Opening statements laid bare stark differences in each side’s narrative. The attorney for the plaintiff took aim at Johnson & Johnson, alleging that the company employed deceitful techniques in its research practices and throughout the litigation procedure. According to the attorney, Johnson & Johnson tried to alter asbestos’ definition, despite internal documents from 1998 and 1994 that show fibers discovered in the tissue of the plaintiff are included.
Johnson &J’s tangled $8.9 billion settlement is hanging in the balance with the progress of this trial. Despite the distinctive nature of this mesothelioma case and its distinct issues compared to other talcum powder lawsuits and a decision in favor of the plaintiff could result in an enormous setback for J&J’s hopes for broad acceptance of the settlement they have proposed among plaintiffs.
May 31st, 2023: Update from Johnson & Johnson’s bankrupt talc business is defending it’s Second Chapter 11 filing in the facing challenges from victims of talc injuries. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the case was fundamentally different from the prior filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion from J&J, the largest settlement ever made in a mass tort bankruptcy case. Why talc is bad for your skin. Not mentioned: how the amount of the settlement indicates that it is a fair settlement. J&J also claimed that it received support from various plaintiffs’ law firms that represent over the 60,000 plaintiffs. This is not easy to confirm but is probably incorrect.
May 24 2023 Update: In the wake of Johnson & Johnson’s bankruptcy in 2021 filing, the first trial regarding its cosmetic talc items allegedly with asbestos content is scheduled to commence jury selection on Monday in California within the Alameda County Superior Court, a historically good jurisdiction for plaintiffs. Plaintiff claims that mesothelioma resulted from asbestos exposure through J&J’s products and that the company does not deny. The trial also involves six retailers accused of selling talc products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J Talc bankruptcy are disputing who should be appointed to the role of a the claims representative in the future, an important role essential to the resolution of the claims involving talc. Why talc is bad for your skin. Randi Ellis, a lawyer who frequently appears in MDLs across the country, was appointed as the claims representative during the first bankruptcy. J&J’s defense team wants Ellis to be appointed to that role and again, but attorneys for the talc plaintiffs are protesting due to the fact that Ellis has conflicts of interest which would prohibit her from taking on that role again. The issue stems from the reality that Ellis was believed to have been involved in the drafting of the highly disputable second bankruptcy, which raises questions regarding her capacity to remain neutral. The reality is this bankruptcy will likely to be dismissed regardless.
May 17, 2023 Update The pretend company J&J formed to settle the talc litigation bankruptcy disclosed to an New Jersey bankruptcy court that they had allocated $400 million as a settlement for claims brought by states accusing the company of deceptive advertising for its talc-based products. Why talc is bad for your skin. It’s a $8.5 billion settlement for cancer sufferers. It’s difficult to imagine the scenario in which J&J could push the baby powder settlements with these numbers. Although J&J’s $8.5 billion offer seems like a huge sum initially, it does not look good when you do the math. The settlement plan based on our rough calculations – would not pay victims much more than an average settlement $100,000 per instance. This isn’t enough.
May 15th, 2023 Update: J&J could be facing lawsuit brought by an advocacy group representing cancer victims. Why talc is bad for your skin. The group claims that J&J deliberately retracted the $61.5 billion contract for funding that it had with its company subsidiary LTL Management LLC, in order to create a false sense of financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group asserts this action amounts to a fraudulent transfer of right to compensation for victims. 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 this week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy petition filed of J&J subsidiary LTL Management. However, in the meantime, this bankruptcy court has issued an order which requires both sides to participate in a new settlement negotiation with the hopes of achieving a global settlement deal can brokered.
May 5, 2023 Update: Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Why talc is bad for your skin. More than 2700 people have filed lawsuits against the company and the company was spending $1 million a month on legal defense. The company’s most recent $29 million settlement on the state of South Carolina forced it to seek bankruptcy protection, arguing that assets should be distributed in an equitable manner between talc claimants rather than being taken in the hands of the receiver. Other talc suppliers have also declared bankruptcy because of the litigation.
May 4, 2023 update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume settlement discussions with lawyers who have rejected the company’s $8.9 billion agreement. At Trenton, New Jersey yesterday the parties appeared in court to discuss next steps for another bankruptcy proceeding and Judge Kaplan has pushed for further settlement talks.
This is the answer to resolve these claims for J&J. A baby powder settlement can get done. Why talc is bad for your skin. However, it’ll require more money – billions of dollars – by Johnson & Johnson.
Lawyers have a split opinion on whether to accept the proposal and not all clients view the issue in the same manner their lawyer does. This second case of bankruptcy is bound to go nowhere the judge Kaplan has set a date for a hearing in June to decide if he will discharge the bankruptcy for the 2nd time.
May 3, 2023 Update A group of cancer victims who are suing Johnson & Johnson (J&J) asked for the 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 of talc claimants filed a motion on Tuesday, asking to the Third Circuit to consider their case and send it back the lower court, with instructions to discharge the bankruptcy. Why talc is bad for your skin. The committee also requested that the lawsuit against the halted torts of J&J continue 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 an $8.9 billion payment. The committee argues that the recent decision allowing the second Chapter 11 to continue, in addition to halting trials against J&J, warrants immediate Third Circuit review. The US Trustee requested be 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 an “desperate and legally inadequate attempt” by a few of law firms who have conflicting financial interests.
May 1 2023 Update: A frequently asked question is how the plaintiffs’ lawyers and their clients turn around $8.9 billion. Of course, that is an immense amount of money. But there are a lot of victims. Why talc is bad for your skin. And these are really good claims for plaintiffs. We were reminded recently by two talc-related trials that ended in large verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon ended in a verdict of $18.1 million. A month later, another talc mesothelioma case went to trial on the other side of South Carolina and resulted in a verdict of $29million on behalf of the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. which is one of the largest suppliers of talc in the U.S.
April 30, 2023 Update: When J&J initially tried to take the talcum powder litigation into bankruptcy, it did so with the option of putting aside $2 billion to settle the case. This was an absurdly low amount. There was no one among the talc victims who supported it. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they are willing to accept bankruptcy settlements and they have the backing of a significant segment of the talc plaintiffs and their lawyers. Why talc is bad for your skin. But with 75% of talc plaintiffs, which is necessary for bankruptcy plan approval is a difficult road due to the sheer number of lawyers with vast collections of baby powder litigations opposed in favor of the deal.
What could solve the impasse? More billions.
April 25, 2023 Update: Talc cancer claimants have demanded a judge reject their Chapter 11 case filed by LTL Management LLC, a absurdly made-up 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. Why talc is bad for your skin. It was the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not a candidate for bankruptcy relief because it had not demonstrated financial difficulties.
The claimants contend that the second Chapter 11 case is an overreach of the bankruptcy system, and that it’s being pursued in bad good faith. J&J asserts that the bankruptcy settlement is backed by “significant backing” from firms representing about 60,000 potential people who are claiming. It is fair to say plaintiffs’ lawyers and victims ‘ lawyers are divided on the $8.9 billion settlement offer.
April 21st, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that the firm sold tainted baby powder causing cancer. Although the trials for Talc lawsuits are suspended for at least 60 days, new lawsuits can be filed and lawyers may begin to prepare their cases. Why talc is bad for your skin. The judge expressed his doubts about J&J’s absurd attempt to relaunch its strategy in a second bankruptcy trial.
April 13th 2023 update: the big announcement is an $8.9 billion over the next 25 years of settlement. Lawyers representing cancer victims within MDL class action MDL group action vowed to challenge the settlement Talc claimants. Why? They think it is too little money for the those suffering from cancer who are 70,000. Why talc is bad for your skin. These lawyers believe that J&J should seek a bigger settlement or even litigate individual claims if the latest bankruptcy is thrown out.
But there is another lawyer group that isn’t part of the top leadership in the class action. These lawyers have collectively amassed hundreds of thousands of cases. The group is seeking to settle now for what is believed to be less than the victims deserve. Their argument seems to be twofold. They argue that the settlement – about 100 million dollars on average per plaintiff – is fair.
It’s a difficult argument to argue. The second argument is more force: victims should now not wait and they want the money immediately.
April 12, 2023 Update: People are looking for ways J&J could file for bankruptcy once more. The answer is complicated and complicated. But let’s try to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only means to deal with both present and future talc lawsuits conclusively. Also, it thinks it can get a lower rate if there is a bankruptcy element that creates pressure to settle. Why talc is bad for your skin. Driving past hundreds of years of American past, the company believes that bankruptcy is beneficial to everyone by dispersing settlement payments more evenly and effectively than trial courts where litigants are awarded significant settlements while others get nothing.
The essence in the 3rd Circuit decision was this is not a matter of one that makes a profit, but a subsidiary to take the legal responsibility and declare bankruptcy – Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified that the subsidiary was not in financial crisis because J&J promised unlimited funding.
Then J&J jumped on the unlimited funding aspect of the holding but did not pledge to provide unlimited funding for litigation. The company claims that its revised financing arrangements with its subsidiary address concerns of the appeals court while supplying funds for claim payments. As if providing victims with less money would solve the problem at hand.
Attorneys representing cancer victims who are against the agreement argue this with what you conclude is the legal argument. Why talc is bad for your skin. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole was not spared the lawyers representing victims call this the biggest “fraudulent move that has occurred in United States history.”
Despite all the legal jargon, J&J does not really believe that this bankruptcy will last. But it’s a way to try and push the $8.9 billion settlement through and maintain the pressure on plaintiffs.
April 10 2023 Update: Bloomberg offers an informative report on a brand new law within New Jersey that is shedding new light on litigation funding in the class action lawsuit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) concerning talc products in exchange in exchange for a portion of profits. J&J is now willing to pay $8.9 billion to settle all lawsuits.
The involvement of the funders is publicly available due to the New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rule aims to respond to the increasing calls for the regulation of litigation funders. J&J has more than 60,000 claims when you take into account federal and state baby powder lawsuits. Third-party financing in mass tort cases has its pros and cons. There is no doubt that we are seeing how third-party funding can level the playing field between people as well as large corporations in court.
April 4 2023 Update: It’s pleasing to see the worm turn in this legal battle. J&J took another hit this week when it was found that the Third Circuit denied J&J’s request to continue the automatic stay in the meantime that J&J appeals a bankruptcy ruling before the U.S. Supreme Court. Automatic stays have frozen hundreds of cases involving talcum powder and prevented new lawsuits from getting filed ever since J&J started the controversial process to spin the talc debts into a bankrupt subsidiary over one year ago. Why talc is bad for your skin. After it was decided that the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was lifted. J&J was hoping to have it stayed in place until hearing the SCOTUS appeal. However, 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 odds that of the Supreme Court is willing even to accept the appeal? Low.
March 16 2023 Update: With the bankruptcy stay having been in effect, the first new cases have been filed and transferred into the talcum powder class action MDL within a year. Seven new talc-related lawsuits were added to 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 requesting that the U.S. Government Accountability Office (GAO) begin an investigation into the amount J&J product containing talc has cost the government in the many years.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc products over decades while tax dollars were used to treat those who were injured through exposure to the products. The suit comes just a few days after J&J’s major loss in the 3rd Circuit Court of Appeals.
Why talc is bad for your skin. J&J has to begin making reasonable settlement proposals to victims, in order to put all of this behind it. It is a stain on one of the 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 following the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Why talc is bad for your skin. 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!