You May be Entitled to Significant Compensation Asbestos lawsuits. 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 make payments of 400 million dollars to US state AGs. Asbestos Lawsuits .
Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of a wider $8.9 billion effort to settle allegations that it’s Baby Powder and other talc ingredients cause cancer. Asbestos lawsuits.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay different types of cancer patients in an arrangement for bankruptcy. Asbestos lawsuits. J&J has said that its talc products are safe and don’t cause cancer. The company is trying for a second time to resolve more than 38,000 lawsuits filed in bankruptcy, and to prevent any new cases from being filed in the near future.
LTL’s bankruptcy plans would deposit $400 million into a separate trust for claims brought by state attorneys general claiming that J&J was in violation of laws against unfair business practices in the State of New York and consumer protection laws through misleading consumers regarding the dangers of its talc products.
Several states had begun consumer protection measures against J&J prior to the time that LTL’s bankruptcy filing prevented those investigations from proceeding in 2021. Asbestos lawsuits. New Mexico and Mississippi had already launched actions against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands according to court papers.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims and The U.S. Justice Department’s watchdog on bankruptcy, who have argued that a successful company like J&J cannot benefit from bankruptcy protections meant for the struggling debtors.
The first attempt by LTL to resolve the lawsuits in bankruptcy was rejected after the same arguments. In the end, a U.S. appellate court decided that LTL wasn’t in “financial financial distress” and ineligible for bankruptcy protection. Asbestos lawsuits. LTL declared bankruptcy a second time within two hours of the dismissal, arguing its second attempt was different because it had less money available and had more support for the settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates state law enforcement powers by attempting unilaterally to cap the liability of the company for state consumer protection actions.
Asbestos Lawsuits
LTL’s recent filings also provided more information about the way in which the company will evaluate and pay claims for cancer if the bankruptcy plan is approved.
The largest amount of money under the settlement would be $500,000 for people diagnosed with mesothelioma that is terminal before age 45. Asbestos lawsuits. The second payment would be $260,000 for those diagnosed with ovarian cancer that is terminal prior to age 45.
The proposed settlement provides discounts based on the type and severity of the cancer, the person’s years of age, their history of the use of talc, and other aspects. Asbestos lawsuits. For example someone who regularly used daily talc products, had the family history of ovarian cancer and was diagnosed with Stage II cancer of the ovary by age 55 might qualify for a $21,125 payout according to the plan.
Judge ordains J&J and talc opponents discuss settlement negotiations.
After another round of hearings in Johnson & Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing the plan to hold negotiations to settle the matter, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary created by J&J to handle the claims company proposed a settlement of $8.9 billion. Asbestos lawsuits. While one firm representing plaintiffs support the deal, another group opposes the deal.
In the last week, an opposition group, dubbed the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case arguing that LTL can not be considered in financial distress.
“The filing is an incredibly legal and ineffective attempt by a handful of law firms to try to stop claimants from voting on the resolution, which that the overwhelming majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Asbestos lawsuits. “The law firms who filed their filing are financially oriented and have conflicts that clash with, contradict and are in opposition to the interests that their customers. We’ll be submitting an appeal to the appellate court.”
Asbestos lawsuits. Clay Thompson, a lawyer for MRHFM which boasts more than mesothelioma victims who have sued J&J for bankruptcy, told J&J’s second bankruptcy effort will fail.
“J&J issue press releases about how great the plan is but simultaneously demanding that plan details–including what individual sick people would actually receive,” Thompson said in an email. “What do they have to keep secret?”
Kaplan has commanded the parties to devise a second reorganization plan, under supervision and supervision of mediators.
The court in February of 2022 Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that will free J&J from the thousands of lawsuits regarding its talcum products.
In January of this year a federal appeals court overturned the decision, ruling that the business could not be considered to be in “financial trouble.”
When J&J’s attempt to challenge the U.S. Supreme Court was rejected in April, J&J filed for its second bankruptcy about two hours after. In response, Kaplan froze the lawsuits for 60 days to decide whether or not to accept to file for bankruptcy again.
J&J’s unstoppable profit machine sputters after $6.9B settlement charge for talc.
With Two Chapter 11 attempts, J&J has purchased 19 months of which cases were put suspended. Asbestos lawsuits. The company would like claimants to decide whether they want to accept the settlement. J&J will require 75% acceptance for the deal to go through.
In addition to the group of talc lawyers who criticised the bankruptcy of the company as well, the U.S. Trustee is an arm from the U.S. Department of Justice has also filed an application to dismiss LTL’s second bankruptcy case.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest, but naive debtors.” Those doors “are not accessible to those that lack a legitimate bankruptcy reason or want to abuse the bankruptcy process to delay or hinder their creditors.” Vara continued.
In its own words, J&J maintains there is no definitive evidence to suggest that its products containing talc, such as its famous baby powder, can cause cancer. J&J has adopted the products of the market first in North America in 2020–and the rest of the world this year.
J&J wants to avoid the cost of going to court. The company has won the majority of cases that have been decided at trial, but certain losses have been extremely punishing.
A well-known trial in Missouri produced an $4.7 billion verdict against the drug company and was later lowered to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine talc trials that are either appealing or concluded. Out of 41 trials, 32 ended with the favor of J&J or a mistrial, or verdict for a plaintiff that was reversed in appeal. Asbestos lawsuits. In addition, J&J in 2020 negotiated to settle over 1,000 cases worth the sum of $100 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Asbestos Lawsuits
Our lawyers handle baby powder lawsuits across all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been ongoing for years. Asbestos lawsuits. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in many products, including Shower to Shower Powder as well as Shower to Shower, can cause cancer of the ovary in certain women.
This page offers the J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amount of these Ovarian Cancer lawsuits.
Did the deadline expire for you to start a lawsuit against talcum powder? Many people who think the statute of limitations has run out to file a lawsuit against 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 – Asbestos Lawsuits
June 2 2023 Update: At the asbestos talc trial which took place in California yesterday, some technical glitches interrupted the opening statement by the defense lawyers. Asbestos lawsuits. Jurors watching from home via Zoom, did hear Johnson & Johnson’s lawyer expressing doubt about the science of the 70s claiming asbestos was present in their product before the trial was abruptly closed.
In the meantime, the plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer said that the presence of other minerals with the talc’s mineral content is inevitable. He said that his team advised J&J in the year 1971 of the presence of chrysotile asbestos in the company’s talc, albeit with less than 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update: Asbestos lawsuits. The first trial since J&J has decided to separate its Talc division and declare bankruptcy marks an important turning point in the ongoing talc lawsuit drama. Trial started on Monday in the heartbreaking trial of a young plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma earlier this year. which both sides agree is a tragedy of a different kind.
Opening statements laid bare distinct differences between each side’s story. The plaintiff’s attorney took aim at Johnson & Johnson, alleging the use of misleading methods in their research practices as well as throughout the litigation procedure. The attorney claims that, according to, the company tried to manipulate the definition of asbestos, in spite of internal documents dating from the year 1978 and 1994 indicating that asbestos fibers that were found in the tissue of the plaintiffs are included.
Johnson &J’s tangled $8.9 billion settlement is hanging in the balance as we progression of this trial. Despite the unique nature of this mesothelioma lawsuit and its unique challenges compared to other talcum powder lawsuits and a decision in favor of the plaintiff could be an enormous setback for J&J’s hopes for broad acceptance of the settlement they have proposed among plaintiffs.
May 31 2023: Update from Johnson and Johnson’s bankrupted talc unit has strongly defended the 2nd Chapter 11 filing in the face of challenges from the talc injury plaintiffs. In an objection submitted to the New Jersey bankruptcy court, it argued that the situation was distinct from the prior filing. It highlighted the extraordinary commitment of $8.9 billion to J&J, the largest settlement ever made in a mass tort bankruptcy case. Asbestos lawsuits. The issue is not discussed: whether the amount of the settlement indicates that it is an equitable settlement. J&J also claimed support from several plaintiffs’ legal firms representing more than 600,00 claimants. It is difficult to confirm but is probably incorrect.
May 24 2023 Update: In the wake of Johnson &J Johnson’s bankruptcy filing, the very first trial on its cosmetic talc products that are believed to containing asbestos is set to commence jury selection on Monday in California with Alameda County Superior Court, the most favored place for plaintiffs. The plaintiff asserts that his mesothelioma was triggered by asbestos exposure resulting from J&J’s products and that the company has denied. 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 in a dispute over who should be appointed to the position of future claims representative. This is which is vitally important to resolving the claim for talc. Asbestos lawsuits. Randi Ellis, a lawyer who regularly appears in MDLs all over the nation was appointed as the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed to that role yet again, but the lawyers for the talc plaintiffs are objecting due to the fact that Ellis has an interest conflict that would prevent her from assuming that position in the future. The issue stems from the possibility that Ellis was reportedly involved in the drafting of the highly contesting second bankruptcy, raising doubts regarding her capacity to remain neutral. However, the reality is that the bankruptcy will be dismissed regardless.
May 17th, 2023 Update: The pretend company J&J formed to handle the bankruptcy of talc disclosed to the New Jersey bankruptcy court that they have allocated $400 million as a settlement for claims brought by states accusing the company of deceptive advertising for its talc product. Asbestos lawsuits. So that makes it an $8.5 billion settlement for cancer victims. It’s hard to imagine a scenario where J&J can get these baby powder settlements through in these figures. While J&J’s proposed $8.5 billion offer seems like a lot of money at first, it does not appear appealing after you calculate the figures. The settlement plan based on our rough calculations, would not be able to pay victims more than $100,000 per case. It’s not enough.
May 15th, 2023 Update J&J may be in the middle of a lawsuit brought by an advocacy group that represents cancer victims. Asbestos lawsuits. The group claims J&J intentionally canceled a $61.5 billion contract for funding with its subsidiary, LTL Management LLC, to create the appearance of financial hardship and confirm the unit’s Chapter 11 bankruptcy filing. The group argues that this act amounts to a fraudulent transfer of the right to compensation for victims. They are planning to study J&J’s actions following of the dismissal of the first bankruptcy case of LTL.
May 10 2023 Update: During the next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy petition filed of J&J subsidiaries LTL Management. However, in the meantime the bankruptcy has issued an order requiring both sides to take part in a new settlement mediation with the hopes of achieving an international settlement agreement can be been reached.
May 5th 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. Asbestos lawsuits. Over 2,700 individuals have sued the company and it is spending $1 million a month for legal defense. The company’s most recent $29 million settlement on the state of South Carolina forced it to pursue bankruptcy protection, and arguing for an equitable distribution of assets to talc claimants, rather than being confiscated in the hands of the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of legal proceedings.
May 4, 2023 Update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to reopen talks with lawyers who turned down the proposed $8.9 billion agreement. It was in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps for their second bankruptcy matter and Judge Kaplan was pushing for more settlement discussions.
This is the best way to resolve the claims of J&J. A baby powder settlement can be achieved. Asbestos lawsuits. But it’ll need more money – more billions of dollars from Johnson & Johnson.
Lawyers are divided on whether to accept the proposal and not every client sees the situation the same way their lawyer views it. The second bankruptcy case is destined to go nowhere as Judge Kaplan has scheduled a hearing for June to determine whether to close the case for the third time.
May 3 2023 Update A group of cancer victims suing Johnson & Johnson (J&J) requested that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation surrounding talc-based products. The committee representing talc claimants submitted a motion on Tuesday, asking to the Third Circuit to consider their case and to send it back before a court of lower jurisdiction with instructions to discharge the bankruptcy. Asbestos lawsuits. The committee also requested that the stopped tort litigation against J&J continue to continue.
LTL requested Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year and offered an $8.9 billion deal. The committee says that the recent ruling allowing LTL’s 2nd Chapter 11 to continue, and also stopping trials against J&J and J&J, requires an immediate Third Circuit review. The US Trustee also requested that 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 declaring that J&J intends to file a reply in the appeals court declaring the filing a “desperate and legally flawed move” by a small number of law firms who have conflicts of financial interests.
May 1st 2023 Update: A most frequently asked question is how could plaintiffs and their lawyers turn off $8.9 billion. That’s of course an immense amount of money. There are a lot of victims. Asbestos lawsuits. And these are really good arguments for plaintiffs. We have been reminded of this recently with two talc trials led to huge verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon was settled with an award of $18.1 million. The following month, a second mesothelioma talc case was brought to hearing on the other side of South Carolina and resulted in a verdict of $29 million to the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc., one of the top manufacturers of talc in U.S.
April 30th 2023 Update: When J&J first tried to bring the lawsuit over talcum powder into bankruptcy, it did so with an offer to set aside $2 billion to settle the case. The amount was absurdly low. The talc plaintiffs had not supported the proposal. However, this time, J&J has increased the offer to $8.9 in the event that the talc victims will allow a bankruptcy settlement and they also have the support of a substantial segment of the talc plaintiffs and their lawyers. Asbestos lawsuits. However, 75% of talc plaintiffs, which is required to approve bankruptcy plans is not an easy task with so many lawyers with massive inventories of baby powder-related lawsuits, opposed against the proposed settlement.
What is the solution to this impasse? More billions.
April 25, 2023 Update: Talc patients have requested a judge to disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, which claims that the business 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. Asbestos lawsuits. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January and said that the company wasn’t eligible for bankruptcy relief because it failed to show financial distress.
The claimants assert that the third Chapter 11 case is an fraud on the bankruptcy system and that the case is being handled in bad good faith. J&J claims the bankruptcy settlement is backed by “significant backing” from the firms that represent approximately 60,000 plaintiffs. It’s fair to say that lawyers representing plaintiffs and the victims are split over the $8.9 billion settlement offer.
April 21, 2023 Update: A bankruptcy judge decided in favor of Johnson & Johnson must face new lawsuits alleging that it offered a baby powder with a contaminant that caused cancer. Although trials for talc lawsuits are paused for a minimum of 60 days and new lawsuits are able to be filed and lawyers may begin to prepare their cases. Asbestos lawsuits. The judge expressed skepticism over J&J’s attempt to revive its plan with a second bankruptcy case.
April 13th 2023 update: the biggest announcement is an $8.9 billion over 25 year period settlement offered. Lawyers representing cancer patients in MDL class action MDL group action pledged to fight the settlement along with talc claimants. Why? They argue that it’s not enough for 70,000 victims who have cancer. Asbestos lawsuits. These lawyers believe that J&J could negotiate a greater settlement or settle individual claims if the latest bankruptcy is dismissed.
There is a different group of lawyers that is not part of the leadership in group action. The lawyers collectively have accumulated the equivalent of tens of thousands of lawsuits. They want to settle now in what many believe to be less than these victims deserve. Their argument appears to be twofold. First, they argue that the settlement of around 100,000 dollars per plaintiff is fair.
This is an argument that is difficult to make. The second argument is more force: the victims can now not wait and they want to get their money right now.
April 12 2023 Update: People are looking for ways J&J is able to file for bankruptcy once more. The answer is complex and convoluted. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future talc litigations in a definitive manner. That is, it believes that it will be less expensive should there be a bankruptcy element that creates pressure to negotiate a settlement. Asbestos lawsuits. In a quest to cover hundreds of years of American time, the business asserts that bankruptcy benefits all parties as it distributes settlements more fairly and effectively than trial courts where some litigants receive significant payouts, while others are left with nothing.
The basic tenet of the 3rd Circuit decision was this is not a matter of a profitable company making an entity to assume the legal risk and declare bankruptcy Congress contemplated when drafting the Bankruptcy Code. However, the court also ruled the company was in financial trouble because J&J assured it of unlimited funding.
This is why J&J jumped on the funding unlimited part of the agreement and didn’t promise to offer unlimited funding for litigation. The company claims that modified financing arrangements with its subsidiary address the concerns of the appeals court while offering funds to pay claims. As if offering victims lower amounts of money would resolve the underlying issue.
Lawyers representing cancer patients who are against the agreement argue this by arguing that the plaintiff is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s previous decision. Hyperbole was not spared: victims’ lawyers call it the most significant “fraudulent deal that has occurred in United States history.”
Despite the legal jargon, J&J does not really think this bankruptcy will survive. It is however a method to push for this $8.9 billion settlement and keep pressure on plaintiffs.
April 10 2023, Update Bloomberg provides an insightful article on a new law in New Jersey that is shedding new light on litigation funding in the suit for class actions. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) over talc products in exchange in exchange for a portion of profits. J&J is now willing an offer of $8.9 billion to settle lawsuits.
The involvement of the funders is public knowledge because of the New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. This rule is intended to address the rising calls for regulation of litigation funders. J&J is facing more than 60,000 claims when you take into account state and federal child powder-related lawsuits. Third-party funding in mass tort claims is not without its pros and cons. There is no doubt that we are seeing the ways that third-party funding can even the playing field between individual and big companies in the courtroom.
April 4, 2023 Update: It is enjoyable 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 maintain the automatic stay in the meantime that J&J appeals an appeal at the U.S. Supreme Court. It has halted thousands of talcum cases and stopped any new lawsuits from arising ever since J&J began the controversial plan to spin the talc liability off into a bankrupt entity over one year ago. Asbestos lawsuits. When it was decided that the 3rd Circuit ruled that this bankruptcy was not valid some months ago, the stay was revoked. J&J was hoping to have it remain in effect until its SCOTUS appeal. The answer was no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. There is a chance that of the Supreme Court is willing even to consider 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 class action involving talcum powder MDL in over one year. Seven new talc cases were included in the MDL in the last month increasing the number of pending cases up to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now demanding that be the U.S. Government Accountability Office (GAO) start an investigation into the cost J&J talc products have cost the government over the years.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of ignoring the dangers of its talc product for long while tax dollars spent on treating people who suffered injuries from exposure to the products. The demand comes just weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Asbestos lawsuits. J&J has to begin making reasonable settlements to victims to the process of putting all this behind. It is a stain on one of the top firms.
February 14 2023 Update: During a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Asbestos lawsuits. 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!