You May be Entitled to Significant Compensation Talc powder 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 settlement for talc would make payments of $440 million US state AGs. Talc Powder Lawsuits .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of its wider $8.9 billion plan to settle allegations that its Baby Powder and other talc products cause cancer. Talc powder lawsuits.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm will pay various types of cancer sufferers in the bankruptcy settlement. Talc powder lawsuits. J&J has declared that its Talc products are safe and don’t cause cancer. It is attempting for the second time to end more than 38,000 lawsuits in bankruptcy and prevent new cases from being filed in the future.
LTL’s bankruptcy plan will pay $400 million to an additional trust to settle claims filed by state attorneys general alleging that J&J violated laws against unfair business practices in the State of New York as well as consumer protection laws, by deceiving consumers about the quality of its talc products.
Some states had started consumer protection measures against J&J prior to the first bankruptcy filing prevented these investigations from proceeding in 2021. Talc powder lawsuits. New Mexico and Mississippi had already initiated lawsuits for damages against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands according to court filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy as well as cancer patients as well as their counterparts from the U.S. Justice Department’s bankruptcy watchdog. They argue that a profit-making company such as J&J is not eligible for bankruptcy protections intended for people with debt problems.
LTL’s first attempt at resolving the bankruptcy-related lawsuits was dismissed after similar arguments. The U.S. appellate court ruled in favor of LTL did not have “financial trouble” and therefore not eligible to receive bankruptcy relief. Talc powder lawsuits. LTL made a new bankruptcy application in just two hours following that dismissal, arguing that the second bankruptcy was different due to the fact that it had less money and more backing for a settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates state law enforcement authorities in attempting to unilaterally limit the company’s liability for state consumer protection measures.
Talc Powder Lawsuits
The filings of LTL’s latest bankruptcy proceedings also include more information on how the company plans to evaluate and pay cancer claims when the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 for patients diagnosed with cancer of the mesothelioma ovary before age 45, and $260,000 for those diagnosed with terminal ovarian cancer before age 45.
The proposed settlement offers discounts based on the severity and type of cancer, an individual’s years of age, their history of the use of talc, and other aspects. Talc powder lawsuits. For instance, a woman who used the talc product on a regular basis, had a family history of ovarian cancer, and was diagnosed with stage II ovarian cancer at the age of 55 may be eligible for a $21,125 payout under the plan.
Judge ordains J&J and talc opponents engage in settlement talks.
After another round of hearings in Johnson & Johnson’s attempt to use a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the plan to hold talks to reach a settlement, Bloomberg reports.
With its second bankruptcy attempt for LTL management, a subsidiary founded by J&J to hold the claims–the company proposed a settlement of $8.9 billion. Talc powder lawsuits. While one firm representing plaintiffs support the offer, another group is against the settlement.
The previous week, the opposition group, called”the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss the case by argument that LTL is not considered to be financially distressed.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to try to stop claimants from voting on the resolution, which that the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Talc powder lawsuits. “The law firms behind their filing are financially oriented and have conflicts that are in conflict with, diverge from and are in opposition to the interests they represent. We’ll submit an appeal an appeal to the appellate court.”
Talc powder lawsuits. Clay Thompson, a lawyer for MRHFM which includes more than mesothelioma victims 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 wonderful its plan is, while insisting that the details of its plan–including the treatment individuals with illnesses would receive–be kept secret,” Thompson said in the statement. “What is J&J’s plan to cover up?”
Kaplan has instructed the sides to devise a second restructuring plan, with the supervision of two mediators.
On February 20, 2022 Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that will free J&J from the tens of thousands of claims concerning its talcum products.
In January of this year an appeals court of the federal government overturned the decision, deciding that the company could not be considered in “financial trouble.”
After J&J’s appeal to the U.S. Supreme Court was rejected at the end of April J&J filed for its second bankruptcy two hours after. 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 engine goes out of control after $6.9B the talc litigation cost.
In the 2 Chapter 11 attempts, J&J has bought 19 months during which the cases were held. Talc powder lawsuits. J&J wants the claimants to decide whether they want to accept the settlement. J&J would need 75% support for the settlement to be approved.
In addition to the gang of talc lawyers who criticised the company’s bankruptcy as well, the U.S. Trustee, an arm that is part of the U.S. Department of Justice, also filed an appeal to dismiss the second bankruptcy case of LTL.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest but unfortunate debtors.” Those doors “are not open to parties that do not have a legitimate purpose or that seek to use bankruptcy to hinder or delay their creditors.” Vara continued.
To its credit, J&J maintains there is no conclusive evidence that its Talc-based products, such as the famous baby powder, can cause cancer. J&J has taken the products of the market, first on North America in 2020–and the rest of the world later this year.
J&J intends to steer clear of the costly business of going to court. J&J has won the majority of cases that have been resolved during trial, however, certain losses have been extremely harsh.
A highly-publicized trial in Missouri resulted in an $4.7 billion judgment against the drug manufacturer that was later reduced 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 trial involving talc that are in appeal or settled. Out of 41 trials 32 have resulted in the favor of J&J either through a mistrial or plaintiff verdict that was annulled on appeal. Talc powder lawsuits. Separately, the company has announced plans to settle nearly 1,000 cases worth the sum of $100 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Powder Lawsuits
Our lawyers handle baby powder lawsuits in every state. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been in the process for several years. Talc powder lawsuits. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in products like baby Powder along with Shower to Shower as well as other products, may cause ovarian cancer in some women.
This page provides a J&J talc power litigation update and provides an overview of how the upcoming bankruptcy ruling affects the final settlement amount of the ovarian cancer lawsuits.
Is the deadline for you to make a claim for talcum powder? Many who believe that the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Powder Lawsuits
June 2 2023 Update: During an asbestos talc court trial held that took place in California yesterday, a few technical issues interrupted the opening statements of the defense attorneys. Talc powder lawsuits. The jurors, attending from their homes via Zoom however, heard Johnson and Johnson’s lawyer express doubts about the 70s research asserting the presence of asbestos in their product before the session abruptly ended.
The plaintiff was able to introduce an initial witness Arthur Langer. Langer said that the presence of other minerals in the talc mineral is a given. He said that his team informed J&J in 1971 of the presence of chrysotile asbestos within the talc produced by the company, although in less than 0.1 percent. The asbestos was discovered by him in the year 1976.
June 1, 2023 Update: Talc powder lawsuits. A trial for the first time since J&J took the decision to disband its Talc section and declaring bankruptcy marks an important moment in the ongoing talc lawsuit saga. The trial began on Tuesday in the harrowing case of a young, 24-year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma earlier this year. a diagnosis lawyers on both sides of the argument agree is a harrowing tragedy.
Opening statements revealed stark differences in each side’s narrative. The plaintiff’s attorney took aim at Johnson & Johnson, alleging the use of deceitful 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, despite internal documents dating back to between 1978 and 1994 that showed fibers discovered in the tissue of the plaintiffs are included.
Johnson &J’s highly uncertain $8.9 billion settlement proposal hangs in the balance as we progress of this trial. Despite the particularity of the mesothelioma trial and its distinctive issues in comparison to other lawsuits involving talcum powder and a decision 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 from Johnson and Johnson’s bankrupt talc unit was able to defend the 2nd Chapter 11 filing in the face of challenges from injured talc claimants. In an appeal to the New Jersey bankruptcy court, the company argued that the filing was vastly different from the earlier filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion from J&J as the biggest settlement ever to be made in any bankruptcy case that involves mass tort. Talc powder lawsuits. The issue is not discussed: whether the size of the settlement signifies that it’s a fair settlement. J&J also claimed support from numerous plaintiffs’ law firms representing over sixty thousand claimants. This is not easy to confirm but likely incorrect.
May 24 2023 Update: As of Johnson & Johnson’s 2021 bankruptcy filing, the very first trial on its cosmetic talc items allegedly that contain asbestos is scheduled to begin jury selection on Monday in California within the Alameda County Superior Court, which is a well-known court for plaintiffs. The plaintiff asserts that his mesothelioma is the result of asbestos exposure through J&J’s products which J&J is denying. The trial also involves six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers in the 2nd J&J Talc bankruptcy are battling over who should be appointed to the role of a the future claims representative, a role that is critically essential to the resolution of the claims involving talc. Talc powder lawsuits. Randi Ellis, a lawyer who regularly appears in MDLs all over the nation was appointed the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be named to the position and again, but attorneys for the talc plaintiffs have raised objections because Ellis has an interest conflict which should stop her from assuming that position for the second time. The conflict stems from the reality that Ellis was apparently involved in the drafting of the highly contested second bankruptcy, which raises doubts regarding her capacity to remain neutral. In reality, this bankruptcy will likely to be tossed out anyway.
May 17, 2023 Update: The fake company J&J created for the talc bankruptcy told an New Jersey bankruptcy court that they had allocated $400 million to pay the claims brought by states accusing the company of deceitful advertising for its talc product. Talc powder lawsuits. So that makes it an $8.5 billion settlement to cancer victims. It is hard to imagine any scenario in which J&J can get the baby powder settlements with these numbers. Although J&J’s $8.5 billion offer may seem like a lot of money at first, it does not look good when you consider the math. This settlement offer based on our rough calculations – would not offer victims anything more than a median settlement of $100,000 per case. That’s not enough.
May 15th, 2023 Update J&J is potentially facing a lawsuit brought by an advocacy group representing cancer patients. Talc powder lawsuits. The group claims J&J deliberately withdrew an $61.5 billion funding agreement that it had with its company 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 asserts this action is a fraud transfer of rights of victims’ compensation. They plan to explore J&J’s actions following of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: The following week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy petition filed that was filed by J&J company LTL Management. In the meantime this bankruptcy court has issued an Order calling for both parties to participate in a new settlement mediation in the hope that a global settlement deal can come to fruition.
May 5th 2023 Update: The talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer through asbestos exposure. Talc powder lawsuits. Over 2,700 individuals have sued the company and it has been paying $1 million per month to defend itself. The company’s recent $29million settlement on the state of South Carolina forced it to seek bankruptcy protection, arguing for a fair distribution of assets between talc claimants rather than being confiscated in the hands of the receiver. Other suppliers of talc have declared bankruptcy because of legal proceedings.
May 4, 2023 update: U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart talks on settlement with lawyers who rejected Johnson & Johnson’s $8.9 billion agreement. It was in Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps in another bankruptcy proceeding and Judge Kaplan was pushing for more settlement discussions.
This is the way to resolve these claims for J&J. A settlement for baby powder can be achieved. Talc powder lawsuits. But it will require more money, more billions of dollars – of Johnson & Johnson.
Lawyers are split on whether or not to accept the plan and not every client views the issue in the same manner their lawyer does. The second bankruptcy case is likely to fail and Judge Kaplan has scheduled a hearing for June to determine whether to dismiss the bankruptcy for the second time.
May 3, 2023 Update: A group of cancer patients who have sued Johnson & Johnson (J&J) demanded an order from they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation over talc products. The group representing the claimants made a motion Tuesday asking to the Third Circuit to consider their case and to send it back an earlier court, with instructions for dismissing the bankruptcy. Talc powder lawsuits. They also asked that stoppage of tort litigation against J&J allow the litigation to continue.
LTL has filed for Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year, offering a $8.9 billion settlement. The committee argues that the recent ruling allowing LTL’s second Chapter 11 to continue, and also stopping trials against J&J and J&J, requires immediate Third Circuit review. The US Trustee requested an 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 plans to file a statement in the appeals court, characterizing the filing as an “desperate and legally flawed plan” by a handful of law firms with conflicting financial interests.
May 1st 2023 Update: A common question that people ask is how could plaintiffs and their lawyers turn off $8.9 billion. Of course, that’s an enormous amount of money. But there are plenty of victims. Talc powder lawsuits. These are an excellent arguments for plaintiffs. We have been reminded of this recently with two talc trials resulted in big verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon led to the verdict that was $18.1 million. In the same month, a different mesothelioma trial involving talc was held for hearing in South Carolina and resulted in a verdict of $29 million on behalf of the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. which is one of the most prominent manufacturers of talc in U.S.
April 30 2023 Update: J&J first attempted to drag the lawsuit over talcum powder into bankruptcy, it was met with the option of putting aside $2 billion for settlements. It was a ridiculously small amount. There was no one among the talc victims who believed in the proposal. This time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they agree to a bankruptcy settlement and they have the backing of a significant segment of the talc plaintiffs as well as their lawyers. Talc powder lawsuits. However, 75% of plaintiffs of talc are necessary for bankruptcy plan approval It’s a long and difficult process because of the number of lawyers who have vast inventory of baby powder-related 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 sought a court order to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, saying the company is not financially distressed. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc powder lawsuits. It was the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not a candidate for bankruptcy relief because it failed to show financial trouble.
The plaintiffs argue that LTL’s second Chapter 11 case is an abuse of the bankruptcy system and the case is being handled in bad good faith. J&J asserts that the bankruptcy settlement has “significant support” from firms representing about 60,000 potential people who are claiming. It’s fair to say plaintiffs’ lawyers and the victims are split over this $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge decided in favor of Johnson & Johnson must face new lawsuits claiming that the company offered a baby powder with a contaminant that caused cancer. Even though trials for the talc lawsuits have been suspended for at least 60 calendar days however, new lawsuits may be filed and lawyers can begin preparing their cases. Talc powder lawsuits. Judges expressed skepticism about J&J’s absurd attempt to revive its strategy with a second bankruptcy trial.
April 13 2023: Update on the most important news is the $8.9 billion over the next 25 year period settlement offered. Lawyers representing cancer victims involved in the MDL collective action promised to fight the settlement alongside Talc claimants. Why? They believe it’s not enough for 70,000 victims who have cancer. Talc powder lawsuits. They argue that J&J should negotiate a bigger settlement or litigate individual claims if the latest bankruptcy is thrown out.
There is a different set of lawyers who are not part of the leadership in that class action. The lawyers collectively have accumulated hundreds of thousands of cases. This group wants to settle now for what is believed to be far less than what these victims deserve. Their argument seems to be two-fold. The first is that they claim the settlement, which is about an average of $100,000 per plaintiff – is fair.
This argument isn’t easy to present. But their second argument has more teeth: victims can not afford to wait any longer and need their money today.
April 12 2023 Update: People are asking how J&J can file for bankruptcy once more. The answer is complex and complex. But let’s try to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only option to deal with both present and future talc lawsuits conclusively. It thinks it will pay less should there be a bankruptcy element that creates pressure for a settlement. Talc powder lawsuits. In a quest to cover the 400-year span of American past, the company believes that bankruptcy is beneficial to all parties as it distributes settlement payments more evenly and more efficiently than trial courts which are where litigants get significant awards while others receive nothing.
The essence in this 3rd Circuit decision was this is not a matter of the profit-making company that has a subsidiary to take the legal risk and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. But it also said that the entity was in financial trouble because J&J assured it of unlimited funding.
This is why J&J decided to go with the funding unlimited part of the holding and didn’t make any promises that it would provide unlimited funds for cases. J&J claims that its updated financing arrangements with its subsidiary addresses the appeals court’s concerns, while offering claim payment funds. It’s as if giving victims less money would solve the underlying issue.
Attorneys representing cancer patients who are against the agreement argue this with what you conclude is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s decision. Hyperbole is not exempt: victims’ lawyers call it the largest “fraudulent transaction in United States history.”
Despite all the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it is a way of trying to push this $8.9 billion settlement, and to keep 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 the funding of litigation 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) regarding talc products, in exchange for a percentage of any profits. J&J is now offering to pay $8.9 billion to settle lawsuits.
The involvement of funders is made public because of an New Jersey court rule requiring the disclosure of certain information about funders outside the state. The rules aim to address the rising calls for regulation of litigation funders. J&J faces over 60,000 claims when you combine state and federal child powder-related lawsuits. Third-party funding for mass tort lawsuits has pros and pros and. But there is no question that we are seeing the ways that third-party funding can even the playing field between people and big corporations in court.
April 4, 2023 Update: It’s pleasing to see the worm turning in this case. J&J has taken another blow this week, when they were denied by the Third Circuit denied J&J’s request to keep the automatic stay in place during the time that J&J appeals an order granting bankruptcy to the U.S. Supreme Court. The automatic stay has frozen hundreds of cases involving talcum powder and prevented new lawsuits from being filed ever since J&J began the controversial plan to spin talc-related liabilities off into a bankrupt subsidiary over a year back. Talc powder lawsuits. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient just a few months ago the stay was lifted. J&J was hoping to have it stayed in place until the SCOTUS appeal. 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 of the Supreme Court is willing even to accept the appeal? Low.
March 16 2023 Update: With the bankruptcy stay having been officially lifted, the very first new cases were filed and incorporated into the talcum powder class action MDL in over one year. Seven new talc cases were brought into the MDL in the past month, bringing the total number of pending cases up to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee has now demanded that authorities from the U.S. Government Accountability Office (GAO) start an investigation into the cost J&J talc products have cost the government over the decades.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of failing to recognize the dangers of its talc-based products for decades while tax dollars were spent treating those injured by exposure to the chemicals. The lawsuit comes just a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talc powder lawsuits. J&J has to begin making reasonable settlement proposals to victims to in putting this behind it. This is a blemish on one of the greatest businesses.
February 14 2023 Update: In an earlier hearing at the hearing 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 Talc powder 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!