You May be Entitled to Significant Compensation Is talc really dangerous. 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 with talc would pay 400 million dollars to US state AGs. Is Talc Really Dangerous .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of a broader $8.9 billion plan to settle claims that its Baby Powder and other talc-based product causes cancer. Is talc really dangerous.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay different types of cancer victims in an arrangement for bankruptcy. Is talc really dangerous. J&J has said that its talc products are safe and won’t cause cancer. J&J is seeking another time to settle more than 38,000 lawsuits filed in bankruptcy and stop new cases from being filed in the future.
LTL’s bankruptcy plans would deposit $400 million into an additional trust to settle claims filed in state courts by 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 by misleading consumers regarding the safety of its talc products.
Several states had begun consumer protection lawsuits against J&J prior to the time that LTL’s bankruptcy filing stopped those investigations from proceeding in 2021. Is talc really dangerous. New Mexico and Mississippi had already filed 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 taken steps to halt the bankruptcy of LTL as well as cancer patients as well as the U.S. Justice Department’s bankruptcy watchdog, who have argued that a successful business like J&J does not qualify for bankruptcy protections designed for struggling debtors.
The company’s initial attempt to resolve the bankruptcy lawsuits was thrown out after similar arguments. The U.S. appellate court determined the LTL was not in “financial difficulty” and thus not eligible of bankruptcy protection. Is talc really dangerous. LTL made a new bankruptcy application just over two hours after that dismissal, arguing that the second bankruptcy was different due to the fact that there was less money available and had a greater chance of securing an agreement.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of the state’s law enforcement authority by attempting unilaterally to cap LTL’s liability to state consumer protection laws.
Is Talc Really Dangerous
LTL’s new filings also included more details on how the company would evaluate and pay claims for cancer in the event that the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 for those diagnosed with cancer of the mesothelioma ovary before the age of 45, and $260,000 for those diagnosed with ovarian cancer that is terminal before age 45.
From there, the proposed settlement applies discounts depending on the severity and type of cancer, an individual’s age, the history of using talc and other factors. Is talc really dangerous. For instance an individual who was using the talc product on a regular basis, had an ancestral history of ovarian cancer and was diagnosed with Stage II cancer of the ovary at age 55 could be in line to receive a payout of $21,125 under the program.
Judge decides J&J and talc opponents participate in settlement talks.
Following another round of hearings in Johnson &Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the plan to hold settlement talks, Bloomberg reports.
With its second bankruptcy bid for LTL Management, a subsidiary created by J&J to settle claims – the company proposed a settlement of $8.9 billion. Is talc really dangerous. While one firm representing plaintiffs is in favor of the deal, another group is opposed to the offer.
In the last week, an opposition group, known as the Official Committee of Talc Claimants requested the bankruptcy court to dismiss the case by asserting that LTL cannot be regarded as financially distressed.
“The filing is a desperate and legally deficient attempt by a tiny number of law firms to try to stop claimants from voting on the resolution, which the vast and growing majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Is talc really dangerous. “The law firms that are behind their filing are financially oriented and have conflicts that are in conflict with, contradict and infringe on the rights they represent. We’ll be submitting an answer in the appeals court.”
Is talc really dangerous. Clay Thompson, a lawyer for MRHFM which has more than 80 mesothelioma victims who have filed lawsuits against J&J claimed that J&J’s second bankruptcy effort will fail.
“J&J publishes press release that boast about how amazing the plan is but simultaneously demanding that plan details–including what each sick person will receive–be kept secret,” Thompson said in the statement. “What do J&J have to conceal?”
Kaplan has directed the parties to create a restructuring plan, with the oversight of two mediators.
On February 20, 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would relieve the company from the hundreds of thousands of claims concerning its talcum products.
But in January of this year a federal appeals court overturned the decision, ruling that the business could not be considered in “financial distress.”
The J&J’s plan to challenge the U.S. Supreme Court was denied the same month, J&J applied for its first bankruptcy roughly two hours after. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to accept another bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B talc litigation charge.
In the two Chapter 11 attempts, J&J has bought 19 months during which cases have been suspended. Is talc really dangerous. The company is requesting that claimants decide whether they want to accept the settlement. J&J would need 75% of the vote in order for the agreement to be accepted.
In addition to the group of talc lawyers who criticised the company’s bankruptcy, the U.S. Trustee, an arm that is part of the U.S. Department of Justice has also filed an application to dismiss LTL’s bankruptcy second case.
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.” The doors “are not accessible to those that lack a legitimate bankruptcy objective or seek to use the bankruptcy process to delay or hinder their creditors,” Vara continued.
For its part, J&J maintains there is no conclusive evidence that its products containing talc, such as the famous baby powder, can cause cancer. J&J has been taking the products from the market and will first launch them to be available in North America in 2020–and the rest of the world later this year.
J&J intends to steer clear of the cost of going to court. J&J has won most of the cases that have been decided through trial, though some losses have been very severe.
A well-known trial in Missouri led to an $4.7 billion judgment against the drug manufacturer, which was later reduced to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine talc trials that are either on appeal or have been settled. Of the 41 trials, 32 have ended in the favor of J&J either through a mistrial or plaintiff verdict that was reversed upon appeal. Is talc really dangerous. The company also in 2020 negotiated to settle nearly 1,000 cases worth $100 million, Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Really Dangerous
Our lawyers handle baby powder cases in every state. The talcum powder lawsuits against Johnson & Johnson have been in the process for several years. Is talc really dangerous. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products like the Baby Powder and Shower to Shower, can cause ovarian cancer in some women.
This page gives the J&J Talc Power Update and explains how the forthcoming bankruptcy ruling impacts the ultimate settlement amounts in these Ovarian Cancer lawsuits.
Did the deadline expire for you to bring a talcum lawsuit? Many who believe the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Really Dangerous
June 2 2023 Update: In the asbestos talc trial that took place in California yesterday, a few technical glitches interrupted the opening statement by the defense attorneys. Is talc really dangerous. Jurors watching at home via Zoom but did not hear Johnson &Johnson’s lawyer express doubt about the science of the 70s affirming the presence of asbestos in their product prior to the session abruptly ended.
In the meantime, the plaintiff was able to present the first of their witnesses, Arthur Langer. Langer said that the presence of other minerals alongside the talc mineral is a given. He said that his team was notified by J&J in the year 1971 about the presence of chrysotile asbestos within the talc produced by the company, although in just 0.1 percent. He also uncovered more asbestos in the year 1976.
June 1st, 2023 Update: Is talc really dangerous. The first trial since J&J has decided to separate its Talc segment and file for bankruptcy marks an important point in the ongoing talc lawsuit saga. Trial began yesterday in the tragic case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma earlier this year. a diagnosis lawyers on both sides acknowledge is a tragic loss.
The opening statements exposed the sharp differences in the two sides’ narrative. The attorney representing the plaintiff aimed his ire towards Johnson & Johnson, alleging the use of deceitful techniques in its research practices and throughout the litigation process. The attorney claims that, according to the company tried to manipulate the definition of asbestos in spite of internal documents from between 1978 and 1994 that showed asbestos fibers that were found in the tissue of the plaintiff are included.
Johnson &J’s tangled $8.9 billion settlement offer hangs in the balance with the development of the trial. Despite the distinctive nature of the mesothelioma trial and its distinctive issues in comparison to other lawsuits involving talcum powder, a verdict favoring the plaintiff could cause an unintended setback to Johnson & J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31st, 2023 Update: Johnson and Johnson’s bankrupted talc unit has strongly defended the two-time Chapter 11 filing in the opposition of talc injury claimants. In a written objection to the New Jersey bankruptcy court, the company argued that the filing was vastly different from the earlier filing. It also emphasized the unprecedented commitment of $8.9 billion from J&J as the biggest settlement ever to be made in a mass tort bankruptcy case. Is talc really dangerous. Not mentioned: how the amount of the settlement indicates that it is an equitable settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms that represent over the 60,000 plaintiffs. It is difficult to confirm however it is likely to be incorrect.
May 24 2023 Update: In the wake of Johnson & Johnson’s bankruptcy in 2021 filing, the first trial involving its cosmetic talc products that are believed to containing asbestos is set to begin jury selection on Monday, May 24, California at Alameda County Superior Court, an historically reliable jurisdiction for plaintiffs. The plaintiff asserts that his mesothelioma was caused by asbestos exposure from J&J’s products, an allegation the company denies. The trial also involves six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers involved in the second J&J talc bankruptcy are now battling over who should be chosen to fill the role of a the future claims representative, the role is crucially critical to resolving Talc claims. Is talc really dangerous. Randi Ellis, a lawyer who frequently appears in MDLs across the country was appointed as the claims representative in the previous bankruptcy. J&J’s defense group wants Ellis to be named to the position in the future, however lawyers representing the talc plaintiffs are objecting on the grounds that Ellis has an interest conflict which would prohibit her from assuming that position for the second time. The issue stems from the possibility that Ellis was involved in drafting the controversially contested second bankruptcy, which raises concerns about her ability to be neutral. However, the reality is that this bankruptcy will likely to be dismissed in the end.
May 17, 2023 Update: The pretend company J&J formed for the talc litigation bankruptcy disclosed to an New Jersey bankruptcy court that they have designated $400 million to pay the claims brought by states accusing the company of misleading advertising for its talc product. Is talc really dangerous. It’s a $8.5 billion settlement for cancer patients. It’s hard to imagine a scenario where J&J will be able to push these baby powder settlements through with these numbers. While J&J’s proposed $8.5 billion offer might seem like a lot at first, it does not appear appealing when you do the math. This settlement offer based on our rough calculations, would not offer victims anything more than an average settlement $100,000 per case. It’s not enough.
May 15th 2023 Update: J&J is potentially facing a lawsuit from an advocacy group that represents cancer patients. Is talc really dangerous. The group claims J&J deliberately withdrew an $61.5 billion funding agreement that it had with its company subsidiary LTL Management LLC, to simulate financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group claims this decision amounts to a fraudulent transfer of victims’ compensation rights. They are planning to study J&J’s actions after the announcement of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: The following week in next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy application of J&J subsidiaries LTL Management. In the meantime, however the bankruptcy has issued an order requiring both sides to take part in a new settlement negotiation with the hopes of achieving a global settlement deal can brokered.
May 5 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Is talc really dangerous. Over 2700 people have sued the company, and it was paying $1 million per month to defend its legal position. The company’s recent $29million verdict at the Supreme Court of South Carolina forced it to file for bankruptcy protection, arguing that assets should be distributed in an equitable manner between the claimants of talc instead of being seized by the receiver. Other suppliers of talc have filed for bankruptcy due to lawsuits.
May 4 2023, Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen talks on settlement with lawyers who rebuffed the company’s $8.9 billion offer for settlement. At Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps in another bankruptcy proceeding. Judge Kaplan pushed more settlement talks.
This is the best way to resolve the claims of J&J. A baby powder settlement can be completed. Is talc really dangerous. However, it will require more money, more billions of dollars from Johnson & Johnson.
Lawyers have a split opinion on whether or not to agree with the proposal and not all clients see the issue in the same manner their lawyer sees it. This second case of bankruptcy is likely to be a failure with Judge Kaplan has scheduled a hearing for June to determine if she will close the case for the third time.
May 3 2023 Update A group of cancer patients who have sued Johnson & Johnson (J&J) asked for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation surrounding talc-based products. The committee representing talc claimants filed a motion on Tuesday, asking the Third Circuit to consider their case and send it back to a lower court with instructions to discharge the bankruptcy. Is talc really dangerous. They also asked that the lawsuit against the halted torts of J&J allow the litigation to continue.
LTL applied for Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year and offered a $8.9 billion settlement. The committee says that the recent ruling allowing LTL’s 2nd Chapter 11 to continue, as well as halting the trials against J&J is a reason for urgent Third Circuit review. The US Trustee requested it be requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation Erik Haas, was quoted by Bloomberg saying that J&J plans to file a response to the appeals court declaring the filing an “desperate and legally inadequate move” by a few of law firms with conflicting financial interests.
May 1 2023 Update: One question people keep asking is how could plaintiffs and their lawyers be able to turn down $8.9 billion. Of course, that’s an immense amount of money. But there are a lot of victims. Is talc really dangerous. These are actually a good claims for plaintiffs. We were reminded of this recently when two talc cases ended in large verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon resulted in an award that was $18.1 million. The following month, a second mesothelioma talc case was brought to hearing within South Carolina and resulted in an award of $29 million for the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. One of the largest suppliers of talc in the U.S.
April 30 2023 Update: In the year 2023, when J&J initially tried to take the talcum powder lawsuit into bankruptcy, it was met with an offer to set aside $2 billion to settle the case. The amount was absurdly low. None of the talc plaintiffs agreed with it. This time, J&J has increased the offer to $8.9 If the talc plaintiffs will allow a bankruptcy settlement and they also have the backing of a significant part of the talc-related plaintiffs as well as their lawyers. Is talc really dangerous. But with 75% of plaintiffs of talc are needed for approval of the bankruptcy plan is a difficult road since there are so many lawyers with huge stocks of baby powder lawsuits opposed in favor of the deal.
What are the solutions to the impasse? More billions.
April 25, 2023 Update Talc patients have demanded a judge dismiss the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, which claims that the business is not financially strained. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Is talc really dangerous. It was the 3rd Circuit dismissed its first Chapter 11 case in January and said that the company was not eligible to receive bankruptcy relief because it was unable to demonstrate financial trouble.
The claimants argue that LTL’s Second Chapter 11 case is an fraud on the bankruptcy system, and that it’s being conducted in bad faith. J&J claims the bankruptcy settlement has “significant backing” from the firms that represent about 60,000 potential people who are claiming. It is fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are not united over this $8.9 billion deal.
April 21st, 2023 Update: A bankruptcy judge has ruled that Johnson & Johnson must face new lawsuits alleging that it sold baby powder that was contaminated and causing cancer. Although trials for the talc lawsuits have been suspended for a minimum of 60 days but new lawsuits can be filed and lawyers are able to begin preparing their cases. Is talc really dangerous. Judges expressed doubt about J&J’s attempt to revive its strategy by filing the second bankruptcy case.
April 13 2023 Update: most important news is the $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer victims in the MDL group action pledged to fight the settlement with those who claim talc. Why? They think it is not enough money for 70,000 victims who have cancer. Is talc really dangerous. The lawyers say that J&J should negotiate a bigger settlement or even litigate individual claims if the most recent bankruptcy is declared unconstitutional.
But there’s a separate lawyer group that isn’t part of the top leadership in this class action. These lawyers have amassed many thousands of cases. They want to settle today with what they believe is far less than what these victims deserve. Their argument seems to be two-fold. They argue that the settlement, which is about 100,000 dollars per plaintiff is fair.
That is a hard argument to argue. But their second argument has more force: the victims can not afford to wait any longer and need their money today.
April 12 2023 Update: Many are wondering if J&J can go through bankruptcy again. The answer is complicated and complex. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future lawsuits involving talc conclusively. It believes that it will be less expensive if there is a bankruptcy component that applies pressure to settle. Is talc really dangerous. In a quest to cover more than 400 years in American time, the business claims that bankruptcy benefits all parties because it distributes settlements more equally and effectively than trial courts, in which some litigants receive substantial award while others do not.
The gist in this 3rd Circuit decision was this is not a case of one that makes a profit, but a subsidiary to take the legal burden and declare bankruptcy – something Congress contemplated when drafting the Bankruptcy Code. But it also said the company was financially distress because J&J promises unlimited funding.
So J&J took advantage of the unlimited funding aspect of the agreement but did not pledge to fund unlimited the litigation. J&J claims that its updated financing arrangements with its subsidiary will address concerns of the appeals court while offering claim payment funds. In the hope that offering victims less money would solve the underlying issue.
Attorneys representing cancer patients who do not agree with the agreement counter this by arguing that the plaintiff is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s decision. The hyperbole wasn’t spared attorneys representing the victims claim it the biggest “fraudulent transaction that has occurred in United States history.”
Despite all the legal jargon, J&J does not really believe that this bankruptcy will last. However, it’s a means to try and push the $8.9 billion settlement and keep pressure on plaintiffs.
April 10 2023 update: Bloomberg provides an insightful report on a brand new law of New Jersey that is shedding new light on the funding of litigation in the class action lawsuit. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) concerning talc products in exchange for a share of any wins. J&J is now willing the payment of $8.9 billion to settle lawsuits.
The involvement of the funders is public information due to a New Jersey court rule requiring the release of certain details about outside funding backers. The rules aim to address the growing calls for regulation of the litigation funders. J&J has more than 60,000 claims when you include federal and state baby powder lawsuits. Third-party financing in mass tort cases has pros and cons. There is no doubt that we are witnessing how third-party funding can level the playing field between people and large corporations in the courtroom.
April 4 2023 Update: It’s interesting to watch the worm turn in this litigation. J&J has taken another blow this week when it was found that the Third Circuit denied J&J’s request to keep the automatic stay in place as J&J appeals an order granting bankruptcy in the U.S. Supreme Court. It has halted the cases of talcum powder in a number of years and stopped any new lawsuits from arising ever since J&J initiated the controversial effort to spin the talc liability into a bankrupt entity over one year earlier. Is talc really dangerous. When the 3rd Circuit ruled that this bankruptcy was invalid just a few months ago the stay was lifted. J&J wanted to see it continue in the meantime of 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. There is a chance that for the Supreme Court is willing even to accept 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 involving talcum powder MDL in over one year. Seven new talc cases were brought into the MDL over the last month which brings the total number of cases pending to 37,522.
February 25, 2023 Update 2023 Update: A Congressmen from Tennessee has now demanded that be the U.S. Government Accountability Office (GAO) launch an investigation to determine how much J&J product containing talc has cost the government over the years.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of failing to recognize the dangers of its talc product for long while tax dollars used to treat those who were injured through exposure to the chemicals. The suit comes just a few days after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Is talc really dangerous. J&J must begin making fair settlement offers for victims in order the process of putting all this behind. This is a disgrace to one of the most prestigious companies.
February 14 , 2023 Update: At a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc really dangerous. 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!