You May be Entitled to Significant Compensation Woman wins baby powder lawsuit. 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 $440 million US state AGs. Woman Wins Baby Powder Lawsuit .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of a wider $8.9 billion plan to settle allegations that its Baby Powder and other talc products cause cancer. Woman wins baby powder lawsuit.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company will pay various types of cancer victims in an arrangement for bankruptcy. Woman wins baby powder lawsuit. J&J has declared that its talc products are safe and won’t cause cancer. It’s trying for the second time to end more than 38,000 lawsuits in bankruptcy and stop new cases from coming forward in the future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for claims filed in state courts by attorneys general alleging that J&J violated state unfair business practices as well as consumer protection laws, by deceiving consumers regarding the quality of its talc products.
Many states had initiated consumer protection measures against J&J prior to the time that LTL’s bankruptcy filing prevented those investigations from taking place in 2021. Woman wins baby powder lawsuit. New Mexico and Mississippi had already brought suit for damages against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas according to court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy along with cancer sufferers as well as their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a successful firm like J&J cannot benefit from bankruptcy protections meant for struggling debtors.
The first time LTL attempted to settle the bankruptcy-related lawsuits was dismissed after similar arguments. A U.S. appellate court decided that LTL did not have “financial distress” and ineligible under bankruptcy law. Woman wins baby powder lawsuit. LTL declared bankruptcy a second time just over two hours after the decision to dismiss, arguing that its second attempt was different as there was less money available and more backing for the possibility of settling.
New Mexico and Mississippi said in their motion for dismissal that LTL’s latest bankruptcy violation of state law enforcement powers in attempting to unilaterally limit LTL’s liability to state consumer protection actions.
Woman Wins Baby Powder Lawsuit
The filings of LTL’s latest bankruptcy proceedings also include more information on the way in which the company will evaluate and pay claims for cancer should the bankruptcy plan be approved.
The highest payments under the settlement will be $500,000 for those diagnosed with mesothelioma that is terminal before age 45, and $260,000 for patients diagnosed with ovarian cancer that is terminal before age 45.
From there, the proposed settlement offers discounts based on the type and severity of cancer, an individual’s age, the history of usage of talc and other variables. Woman wins baby powder lawsuit. For instance the case of a woman who used the talc product on a regular basis, had a family history of ovarian cancer and was diagnosed with an ovarian cancer stage II when she was 55 may qualify for a $21,125 payment under the settlement plan.
Judge decides J&J and talc opponents to engage in settlement talks.
After another round of hearings in Johnson &Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy to settle talc lawsuits and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the plan to enter into settlement talks, Bloomberg reports.
In its second bankruptcy effort for LTL Management–a subsidiary established by J&J to settle claims – the company offered a settlement of $8.9 billion. Woman wins baby powder lawsuit. While a firm representing plaintiffs support the offer, another group is against the settlement.
In the last week, an opposition group, dubbed”The Official Committee of Talc Claimants and urging the bankruptcy court to dismiss the case arguing that LTL can not be considered financially distressed.
“The filing is a desperate and legally ineffective attempt by a few of law firms to try to stop claimants from voting on the resolution plan, a plan that the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Woman wins baby powder lawsuit. “The law firms involved in the filing are pursuing financial interests which conflict with, diverge from, and infringe on the rights that their customers. We’ll submit an answer to the appellate court.”
Woman wins baby powder lawsuit. Clay Thompson, a lawyer for MRHFM which is home to more than mesothelioma patients who have filed lawsuits against J&J claimed that J&J’s second bankruptcy attempt will fail.
“J&J sends out press releases about how great the plan is but simultaneously requesting that details of the plan, such as what each sick person will receive — be kept private,” Thompson said in an announcement. “What is J&J’s plan to conceal?”
Kaplan has commanded the parties to come up with another arrangement plan under the oversight from two mediators.
As of February 2022 Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would free the company from the tens of thousands of claims related to its talcum-based products.
However, in January of this year, an appeals court in the United States overturned the verdict, ruling that the business could not be considered to be in “financial distress.”
After J&J’s make an appeal before the U.S. Supreme Court was denied the same month, J&J declared bankruptcy just two hours later. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to approve to file for bankruptcy again.
J&J’s omnipotent profit engine fails after $6.9B the talc litigation cost.
Through 2 Chapter 11 attempts, J&J has been able to buy 19 months in which the cases were held. Woman wins baby powder lawsuit. The company would like claimants to vote on accepting their settlement. J&J would need 75% acceptance for the settlement to be approved.
In addition to the team of talc lawyers who panned LTL’s bankruptcy plan and the U.S. Trustee, an arm of the U.S. Department of Justice, also filed a motion to dismiss LTL’s second bankruptcy.
In a letter filed this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest but unfortunate debtors.” Those doors “are not open to any parties that do not have a legitimate purpose or that seek to take advantage of the bankruptcy process to delay or hinder their creditors,” Vara continued.
To its credit, J&J maintains there is no conclusive evidence that its Talc-based products, such as its popular 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 next year.
J&J is determined to stay clear of the cost of going to court. The company has won the majority of cases that have been decided during trial, however, certain losses have been severe.
A highly publicized trial in Missouri resulted in an $4.7 billion verdict against the drugmaker 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 trial involving talc that are appealing or resolved. Out of 41 trials, 32 have ended in a win by J&J either through a mistrial or verdict of a plaintiff overturned in appeal. Woman wins baby powder lawsuit. Separately, the company has announced plans to settle nearly 1000 cases for $110 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Woman Wins Baby Powder Lawsuit
Our lawyers are handling baby powder cases in all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been ongoing for years. Woman wins baby powder lawsuit. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in products like the Baby Powder or Shower to Shower and Shower to Shower, could cause ovarian cancer among some women.
This page offers a J&J talc power litigation update and examines how the coming bankruptcy ruling impacts the ultimate settlement amount in these Ovarian Cancer lawsuits.
Is the deadline for you to make a claim for talcum powder? Many who believe that the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Woman Wins Baby Powder Lawsuit
June 2 2023 Update: In the trial for asbestos-containing talc in California yesterday, a few technical issues halted the opening statement by the defense lawyers. Woman wins baby powder lawsuit. Jurors who were watching from their homes via Zoom, did hear Johnson and Johnson’s lawyer express doubt about the 70s research claiming asbestos was present in their product, but the opening was abruptly ended.
Meanwhile, the plaintiff was able to introduce its first expert witness Arthur Langer. Langer stated that the presence of other minerals alongside talc is inevitable. He testified that his team informed J&J in the year 1971 about the presence of asbestos chrysotile in the talc produced by the company, although with just 0.1 percent. The asbestos was discovered by him in the year 1976.
June 1, 2023 Update: Woman wins baby powder lawsuit. This is the first court trial that has taken place since J&J made the decision to split its Talc segment and file for bankruptcy marks an important turning point in the ongoing talc lawsuit drama. The trial began on Tuesday in the heartbreaking trial of a young plaintiff who was diagnosed with a rare and aggressive type of mesothelioma last year, which both sides of the argument agree is a harrowing tragedy.
Opening statements laid bare huge differences between the sides’ story. The attorney representing the plaintiff aimed his ire on Johnson & Johnson, alleging the use of deceptive strategies in its research practices as well as throughout the litigation process. As per the lawyer the company attempted to manipulate asbestos’ definition, despite internal documents from the year 1978 and 1994 indicating that asbestos fibers in the tissue of the plaintiffs are included.
Johnson & Johnson’s precarious $8.9 billion settlement deal hangs in the balance with the progress of this trial. Despite the distinct nature of the mesothelioma trial and its distinct issues compared to other lawsuits involving talcum powder and a decision in favor of the plaintiff could cause the company with a major setback in its expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31, 2023: Update from Johnson & Johnson’s bankrupt talc unit vigorously defended their Second Chapter 11 filing in the in the face of challenges from talc injury claimants. In an objection submitted to the New Jersey bankruptcy court, the subsidiary argued that the situation differed fundamentally from the earlier filing. It also emphasized the unprecedented commitment to $8.9 billion from J&J which is the largest ever settlement in an bankruptcy case involving mass torts. Woman wins baby powder lawsuit. There was no mention of how the amount of the settlement implies that it is an equitable settlement. J&J also claimed support from several plaintiffs’ legal firms representing more than the 60,000 plaintiffs. This is not easy to confirm but is probably incorrect.
May 24 2023 Update: As of Johnson & Johnson’s bankruptcy in 2021 filing, the first trial concerning its cosmetic talc products allegedly containing asbestos is set to commence jury selection on Monday, California at Alameda County Superior Court, which is a well-known court for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure through J&J’s products which that the company has denied. The trial also involves six retailers accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers in the 2nd J&J Talc bankruptcy are battling over who should be chosen to fill the role of a future claims representative. This is a role that is critically critical to resolving talc claims. Woman wins baby powder lawsuit. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country was appointed the claims representative in the first bankruptcy. J&J’s defense team wants Ellis to be appointed to that role again, but lawyers for the talc plaintiffs have raised objections because Ellis has an unrelated conflict of interest that should prevent her from taking on that role for the second time. The issue stems from the possibility that Ellis was apparently involved in the creation of the hotly disputable second bankruptcy, which raises questions about her ability to be neutral. The reality is this bankruptcy could be tossed out anyway.
May 17, 2023 Update: The fake company J&J made up for the talc bankruptcy disclosed to the New Jersey bankruptcy court that they have set aside $400 million to settle the claims of states that accuse the company of misleading advertising for its talc products. Woman wins baby powder lawsuit. It’s a $8.5 billion settlement for cancer patients. It’s difficult to envision an eventuality where J&J will be able to push the settlements of baby powder through with these numbers. While J&J’s $8.5 billion offer may seem like a lot initially, it will not look great when you look at the numbers. This settlement offer based on our rough calculations would not provide victims with much more than a median settlement of $100,000 per case. This isn’t enough.
May 15th, 2023 Update J&J may be in the middle of a lawsuit brought by an advocacy group representing cancer victims. Woman wins baby powder lawsuit. The group contends that J&J intentionally withdrew 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 claims that this move is a fraud transfer of right to compensation for victims. They are planning to study J&J’s actions as a result of the dismissal of the first bankruptcy case of LTL.
May 10 2023 Update: The following week next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy filing by J&J subsidiary LTL Management. However, in the meantime, the bankruptcy has issued an order which requires both sides to participate in a second settlement mediation with the hopes of achieving a global settlement deal can come to fruition.
May 5th, 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Woman wins baby powder lawsuit. More than 2700 people have filed lawsuits against the company and it is paying $1 million per month to defend its legal position. The company’s recent $29million settlement on the state of South Carolina forced it to pursue bankruptcy protection, and arguing for equitable distribution of assets to talc claimants, rather than being taken in the hands of the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of lawsuits.
May 4, 2023, Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who rejected the company’s $8.9 billion deal. At Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps to take in their second bankruptcy matter and Judge Kaplan pushed more settlement talks.
This is the best way to settle these claims for J&J. The baby powder settlement is likely to get done. Woman wins baby powder lawsuit. However, it will require more money – more billions of dollars – of Johnson & Johnson.
Lawyers are split on whether to take the proposal or not and not every client views the issue the same way their attorney does. Second bankruptcy cases are bound to be a failure the 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 victims suing Johnson & Johnson (J&J) asked that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation involving talc products. The group of talc claimants submitted a motion on Tuesday asking to the Third Circuit to consider their case and send it back to a lower court with instructions to discharge the bankruptcy. Woman wins baby powder lawsuit. They also requested that the stoppage of tort litigation against J&J continue to proceed.
LTL has filed for Chapter 11 protection once again after its bankruptcy filing was denied in the Third Circuit earlier this year, offering a $8.9 billion payment. The committee believes that the recent decision allowing LTL’s second Chapter 11 to continue, and also stopping trials against J&J is a reason for immediate Third Circuit review. The US Trustee also asked that be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation, Erik Haas, was quoted by Bloomberg declaring that J&J intends to file a statement in the appeals court characterizing the filing as a “desperate and legally insufficient attempt” by a select group of law firms who have conflicting financial interests.
May 1, 2023 Update: One question people keep asking is how could the plaintiffs’ lawyers and their clients turn down $8.9 billion. Of course, that’s a lot of money. But there are a lot of victims. Woman wins baby powder lawsuit. These are actually a good case for plaintiffs. We were reminded recently with two talc trials led to huge verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon led to an award worth $18.1 million. In the same month, a different mesothelioma talc case was brought to trial at South Carolina and resulted in a verdict of $29 million to the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. one of the most prominent manufacturers of talc in U.S.
April 30 2023 Update: J&J first attempted to drag the talcum powder litigation into bankruptcy, it did so with an offer to set aside $2 billion for settlements. It was a ridiculously small amount. All of the talc plaintiffs were in favor of the offer. However, this time, J&J has increased the offer to $8.9 If the talc plaintiffs agree to a bankruptcy settlement and also has the support of a large portion of the talc plaintiffs and their lawyers. Woman wins baby powder lawsuit. But with 75% of plaintiffs in the talc category, which is necessary for bankruptcy plan approval It’s a long and difficult process due to the sheer number of lawyers with large stocks of baby powder lawsuits opposed to the settlement.
What are the solutions to the impasse? More billions.
April 25 2023 Update: Talc patients have demanded a judge disqualify their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, saying the company is not financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Woman wins baby powder lawsuit. It was the 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not eligible for bankruptcy relief because it had not demonstrated financial trouble.
The claimants argue that LTL’s third Chapter 11 case is an abuse of the bankruptcy system, and that it’s being conducted in bad faith. J&J claims the bankruptcy settlement is backed by “significant support” from companies representing approximately 60,000 people who are claiming. It is fair to say that plaintiffs’ lawyers and the victims are split over this $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge has ruled the company Johnson & Johnson must face new lawsuits alleging that it sold a baby powder that contained a chemical that causes cancer. Even though trials for the lawsuits involving talc are delayed for at least 60 days, new lawsuits can be filed and lawyers may begin to prepare their cases. Woman wins baby powder lawsuit. The judge expressed his doubts about J&J’s absurd attempt to revive its plan with a second bankruptcy case.
April 13th, 2023 Update: The major news is the $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer patients in MDL class action MDL collective action promised to fight the settlement with talc claimants. Why? They feel it’s too little money for the those suffering from cancer who are 70,000. Woman wins baby powder lawsuit. They argue that J&J should negotiate a larger settlement or even litigate individuals’ claims if the current bankruptcy is thrown out.
But there is another group of lawyers that is not part of the leadership group in that class action. They have amassed tens of thousands of cases. The group is seeking to settle with what they believe is lower than what the victims should be paid. Their argument is two-fold. They argue that the settlement – about an average of $100,000 per plaintiff is fair.
It’s a difficult argument to argue. But their second argument has more teeth: victims can no longer wait and want their money now.
April 12, 2023 Update: People are looking for ways J&J could file for bankruptcy again. The answer is complicated and confusing. However, let’s attempt to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only method to settle both present and future talc-related lawsuits definitively. In other words, it believes that it will be less expensive when there is the bankruptcy element which applies pressure to negotiate a settlement. Woman wins baby powder lawsuit. Going back to the 400-year span of American history, the company claims that bankruptcy benefits everyone by dispersing settlements more equally and efficiently than trial courts, in which some litigants receive substantial awards while others receive nothing.
The main thrust of this 3rd Circuit decision was this is not a matter of an enterprise that is profitable, forming an affiliate to accept the legal burden and declare bankruptcy – Congress had in mind when it came to drafting the Bankruptcy Code. But it also said it was not financially difficulty because J&J offered unlimited financing.
Then J&J did not hesitate to take advantage of the unlimited funding part of the deal and didn’t make any promises to provide unlimited funding for cases. J&J claims that its revised financing arrangements with its subsidiary address appeals court’s concerns, while offering funds to pay claims. It’s as if giving victims lower amounts of money would resolve the underlying issue.
Attorneys representing cancer patients who do not agree with the agreement counter the agreement with what is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s decision. The hyperbole wasn’t spared by the victims’ lawyers, who call it the biggest “fraudulent transaction in United States history.”
Despite the legal jargon, J&J does not really believe this bankruptcy will be able to last. It is however a method of trying to push this $8.9 billion settlement and keep the pressure on plaintiffs.
April 10 2023 update: Bloomberg provides an insightful report on a brand new law that has been passed in 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 against Johnson & Johnson (J&J) over talc products in exchange for a portion of any settlements. J&J is now willing to pay $8.9 billion in settlements for all lawsuits.
The involvement of the funders is public knowledge because of an New Jersey court rule requiring the release of certain details regarding outside funding backers. The rules aim to address the rising calls for the regulation of lawsuit funders. J&J faces over 60,000 claims when you add up federal and state Baby Powder lawsuits. Third-party financing in mass tort cases has its pros and pros and. However, there is no doubt that we are witnessing the ways that third-party funding can even the playing field between people and big corporations in the courtroom.
April 4 2023 Update: It is interesting to watch the worm turn in this legal battle. J&J was hit again this week when they were denied by the Third Circuit denied J&J’s request to extend the automatic stay during the time that J&J appeals an order granting bankruptcy before the U.S. Supreme Court. This automatic stay stopped hundreds of cases involving talcum powder and stopped any the filing of new lawsuits ever since J&J launched the controversial attempt to spin the talc debts into a bankrupt subsidiary over a year in the past. Woman wins baby powder lawsuit. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was revoked. J&J wanted to see it continue in the meantime of 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 the Supreme Court is willing even to take up 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 in just over a year. Seven new talc lawsuits were added to the MDL during the month of March and brought the total number of cases that are pending to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now calling for authorities from the U.S. Government Accountability Office (GAO) begin an investigation into how much J&J Talc products have cost the government in the many years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the risks of its talc products over decades while tax dollars were spent treating those injured by exposure to the chemicals. The suit comes just a few days after J&J’s loss to the 3rd Circuit Court of Appeals.
Woman wins baby powder lawsuit. J&J should begin to make reasonable settlement offers for victims in order to put all of this behind. It is a stain on one of the top businesses.
February 14 2023 Update: In a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Woman wins baby powder lawsuit. 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!