Can Talc Be Safe – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Can talc be safe. 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. Can Talc Be Safe .

Johnson & Johnson (JNJ.N) has put aside $400 million to resolve U.S. state consumer protection actions as part of its broad $8.9 billion effort to settle claims that its Baby Powder as well as other talc product causes cancer. Can talc be safe.

J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay for different types of cancer victims as part of bankruptcy settlement. Can talc be safe. J&J has said that its Talc products are safe, and will not cause cancer. It is attempting for the second time to end more than 38,000 lawsuits in bankruptcy, as well as prevent new lawsuits from coming forward in the future.
LTL’s bankruptcy plans would deposit $400 million to an additional trust to settle claims brought with state attorneys general alleging that J&J had violated state unfair business practices as well as consumer protection laws by misleading consumers about the security of its talc-based products.

Many states had initiated consumer protection lawsuits against J&J before LTL’s first bankruptcy filing stopped those investigations from taking place in 2021. Can talc be safe. New Mexico and Mississippi had already initiated actions in the past against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands in LTL’s court filings.

 

 

New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy, joining cancer victims and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. have argued that a profitable business like J&J is not eligible for bankruptcy protections designed for struggling debtors.
LTL’s first attempt at resolving the lawsuits in bankruptcy was rejected after the same arguments, when a U.S. appellate court decided the LTL wasn’t in “financial trouble” and was not eligible for bankruptcy protection. Can talc be safe. LTL had filed for bankruptcy again in just two hours following that dismissal, arguing that its second attempt was different in that it had less money and more support for a settlement.

New Mexico and Mississippi said in their motion to dismiss LTL’s renewed bankruptcy violates the state’s law enforcement authority by attempting unilaterally to cap the liability of the company for state consumer protection actions.

 

Can Talc Be Safe

LTL’s new filings also included more information about how the company plans to evaluate and settle cancer claims if the bankruptcy plan is approved.

The largest amount of money under the settlement would be $500,000 to those diagnosed with cancer of the mesothelioma ovary before the age of 45, and $260,000 for patients diagnosed with advanced ovarian cancer prior to age 45.

From there, the proposed settlement will offer 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. Can talc be safe. For instance, a woman who used daily talc products, had an ancestral history of ovarian cancer, and was diagnosed with the stage 2 ovarian cancer by age 55 may qualify for a $21,125 payout under the program.

Judge orders J&J and talc oppositionists to take part in settlement talks.

Following another round of hearings in Johnson &Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the firm and the people who opposed the move to conduct talks to reach a settlement, Bloomberg reports.

With its second bankruptcy attempt for LTL Management–a subsidiary established by J&J to handle the claims company made a settlement offer of $8.9 billion. Can talc be safe. While one group of law firms representing plaintiffs agree with the proposal, another group opposes the move.

In the last week, an opposition group, known as”The Official Committee of Talc Claimants in the bankruptcy court, demanded for dismissal of the matter by argument that LTL cannot be regarded as financially distressed.

“The filing is a desperate and legally ineffective attempt by a few of law firms 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. Can talc be safe. “The law firms that are behind their filing are financially oriented and have conflicts that are in conflict with, diverge from, and infringe on the rights of their clients. We’ll be submitting a response to the appellate court.”

Can talc be safe. Clay Thompson, a lawyer for MRHFM who has more than 80 mesothelioma victims who have sued J&J for bankruptcy, told the second bankruptcy attempt of J&J will fail.

“J&J publishes press release describing how fantastic the plan is but simultaneously insisting that the details of its plan–including the treatment individuals with illnesses would be treated to,” Thompson said in a statement. “What is J&J’s plan to conceal?”

 

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Kaplan has directed the parties to devise a second restructuring plan, with the oversight by two mediators.

As of February 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would relieve J&J from the hundreds of thousands of claims concerning its talcum products.

In January of this year, a federal appeals court overturned the decision, ruling that the company was not able to be considered to be in “financial distress.”

The J&J’s plan to appeal to the U.S. Supreme Court was dismissed at the end of April J&J applied for its first bankruptcy roughly two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether or not to accept another bankruptcy.

J&J’s unstoppable profit machine sputters after $6.9B settlement charge for talc.

In the two Chapter 11 attempts, J&J has gotten 19 months of which cases were put in limbo. Can talc be safe. The company is requesting that claimants accept their settlement. J&J needs 75% support in order for the agreement to be accepted.

In addition to the gang of talc attorneys who have panned LTL’s bankruptcy plan as well, the U.S. Trustee, a branch that is part of the U.S. Department of Justice has also filed motions to dismiss LTL’s second bankruptcy.

In a filing this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest, but naive debtors.” These doors “are not open to parties that do not have a legitimate purpose or that seek to abuse the bankruptcy process to hinder or delay their creditors,” Vara continued.

To its credit, J&J maintains there is no definitive evidence to suggest that its Talc products, which includes its iconic baby powder, can cause cancer. J&J has adopted 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 expense of going to court. It has prevailed in the majority of cases decided at trial, but certain losses have been punishing.
A highly publicized trial in Missouri produced an $4.7 billion verdict against the drugmaker 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 cases in talc which are in appeal or resolved. Out of 41 trials 32 have ended in the favor of J&J either through a mistrial or plaintiff verdict that was overturned after appeal. Can talc be safe. The company also has announced plans to settle more than 1000 cases at a cost of the sum of $100 million. Bloomberg reported at the time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Can Talc Be Safe

Our lawyers are handling baby powder lawsuits in every state. The talcum powder lawsuits against Johnson & Johnson have been ongoing for many years. Can talc be safe. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products such as Baby Powder as well as Shower to Shower which can cause ovarian cancer among some women.

This page offers a J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling will affect the final settlement amounts of the Ovarian Cancer lawsuits.

Is the deadline 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 today at 800-553-8082 or get a no-cost, quick case review online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Can Talc Be Safe

June 2, 2023 Update: During the asbestos talc trial which took place in California yesterday, some technical issues disrupted the opening speech of defense attorneys. Can talc be safe. Jurors who were watching from their homes via Zoom and hearing the Johnson and Johnson’s lawyer express skepticism about the 70s science claiming asbestos was present in their product prior to the session abruptly ended.

Meanwhile, the plaintiff had the opportunity to present an initial witness Arthur Langer. Langer stated that the presence of other minerals with talc is inevitable. He testified that his team had notified J&J in 1971 of the presence of chrysotile asbestos within the talc of the company, but in less than 0.1 percent. He also uncovered more asbestos in 1976.

June 1st, 2023 Update Can talc be safe. This is the first court trial that has taken place since J&J has decided to separate its Talc division and declare bankruptcy is an important turning point within the ongoing litigation drama. Trial started on Monday in the heartbreaking case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma last year. which lawyers on both sides agree is a tragedy of a different kind.

Opening statements laid bare stark differences in each side’s story. The attorney representing the plaintiff aimed his ire on Johnson & Johnson, alleging the use of deceptive tactics in research practices and throughout the litigation process. As per the lawyer the company attempted to manipulate the definition of asbestos despite internal documents dating back to 1978 and 1994 showing that asbestos fibers in the tissue of the plaintiffs are included.

Johnson & Johnson’s uncertain $8.9 billion settlement is hanging in the balance as we development of the trial. Despite the particularity of the mesothelioma trial and its distinctive issues in comparison to most talcum powder lawsuits, a verdict favoring the plaintiff could result in an unintended setback to Johnson & J’s hope of gaining broad acceptance for their settlement proposal among plaintiffs.

May 31, 2023: Update from Johnson and Johnson’s bankrupted talc unit has vigorously defended its Second Chapter 11 filing in the in the face of challenges from injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, the company argued that the situation differed fundamentally from the previous filing. It emphasized the unprecedented commitment to $8.9 billion to J&J which is the largest settlement ever in a mass tort bankruptcy case. Can talc be safe. The issue is not discussed: whether the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed support from a variety of plaintiffs’ law companies representing over sixty thousand claimants. It is difficult to confirm but likely incorrect.

May 24 2023 Update: As of Johnson & Johnson’s bankruptcy in 2021 filing, the first trial on its cosmetic talc products allegedly containing asbestos is set to start jury selection Monday, California with Alameda County Superior Court, the most favored place for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure resulting from J&J’s products which J&J denies. The trial also involves six retailers 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 appointed to the post of future claims representative, an important role essential to the resolution of the Talc claims. Can talc be safe. Randi Ellis, a lawyer who regularly appears in MDLs throughout the country, was appointed as the claims representative in the previous bankruptcy. J&J’s defense attorneys want Ellis to be appointed to this position again, but lawyers for the talc plaintiffs have raised objections on the grounds that Ellis has an unrelated conflict of interest which would prohibit her from holding that position in the future. The dispute stems from fact that Ellis was involved in the drafting of the highly contesting second bankruptcy, raising doubts about her ability to be neutral. The reality is this bankruptcy could be dismissed regardless.

May 17, 2023 Update: The pretend company J&J formed to settle the talc litigation bankruptcy disclosed to an New Jersey bankruptcy court that they have allocated $400 million as a settlement for claims of states that accuse J&J of misleading marketing for its talc-based products. Can talc be safe. That’s an $8.5 billion settlement to cancer victims. It’s hard to imagine an eventuality where J&J can get the settlements of baby powder through given these numbers. While J&J’s $8.5 billion offer sounds like a lot of money initially, it will not look good when you consider the math. This settlement proposal – by our rough calculations – would not be able to pay victims more than $100,000 per instance. It’s not enough.

May 15th, 2023 Update J&J is potentially facing a lawsuit by an advocacy group representing cancer patients. Can talc be safe. The group claims that J&J deliberately withdrew a $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, in order to create a false sense of financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group asserts this action is equivalent to a fraudulent transfer of the rights of compensation for victims. They intend to investigate J&J’s actions as a result of the decision to dismiss the LTL’s bankruptcy case in its first instance.

May 10 2023 Update: Next week this week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy filing from J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however the bankruptcy has issued an order which requires both sides to participate in a new settlement negotiation with the hopes of achieving the global settlement can be come to fruition.

May 5th, 2023 Update: Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer through asbestos exposure. Can talc be safe. Over 2700 people have sued the firm, and it was spending $1 million a month to defend its legal position. The company’s latest $29 million verdict at the Supreme Court of South Carolina forced it to seek bankruptcy protection, arguing for an equitable distribution of assets to talc claimants, rather than being taken over by the receiver. Other talc suppliers have also declared bankruptcy because of lawsuits.

May 4, 2023, Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to restart settlement discussions with lawyers who turned down the company’s $8.9 billion deal. It was in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps to take in this second case of bankruptcy and Judge Kaplan pushed more settlement talks.

This is the way to settle these claims for J&J. A baby powder settlement can be completed. Can talc be safe. However, it will require more money – more billions of dollars by Johnson & Johnson.

Lawyers are split on whether or not to agree with the proposal and not all clients view the situation the same way their lawyer views it. The second bankruptcy case is expected to fail, and Judge Kaplan has set a date for a hearing in June to determine whether to discharge the bankruptcy for the 2nd time.

May 3, 2023 Update A group of cancer patients who have sued Johnson & Johnson (J&J) demanded for the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation involving talc products. The group representing claimants for talc made a motion Tuesday, asking the Third Circuit to consider their case and send it back an earlier court, with instructions to dismiss the bankruptcy. Can talc be safe. They also asked that stopped tort litigation against J&J be allowed to proceed.
LTL requested Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year which offered the possibility of an $8.9 billion agreement. The committee argues that the recent ruling, which allows LTL’s third Chapter 11 to continue, while also halting trials against J&J, warrants 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 global vice president of litigation, Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a response in the appeals court saying that the filing is a “desperate and legally inadequate attempt” by a handful of law firms who have different financial interests.
May 1, 2023 Update: One question people keep asking is how plaintiffs and their attorneys turn down $8.9 billion. That’s of course a lot of money. However, there are lots of victims. Can talc be safe. These are actually a good arguments for plaintiffs. We were reminded of this last week when two talc cases ended in large verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon led to a verdict of $18.1 million. A month later, another mesothelioma-related talc case went to trials within South Carolina and resulted in a verdict of $29 million in favor of 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 initially attempted to pull the talcum powder lawsuit into bankruptcy, it was met with an offer to set aside $2 billion to settle the case. The sum was ridiculously low. There was no one among the talc victims who agreed with it. This time, however, J&J has increased the offer to $8.9 If the talc plaintiffs agree to a bankruptcy settlement and they have the backing of a significant part of the talc-related plaintiffs and their lawyers. Can talc be safe. But with 75% of talc plaintiffs, which is necessary for bankruptcy plan approval is not an easy task since there are so many lawyers with vast inventories of baby powder-related lawsuits, opposed against the proposed settlement.

What can be done to end the impasse? More billions.
April 25 2023 Update Talc plaintiffs have asked a judge to dismiss the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Can talc be safe. The 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not eligible for bankruptcy relief since it was unable to demonstrate financial trouble.

The claimants assert that LTL’s Second Chapter 11 case is an overreach of the bankruptcy system, and that it is being pursued in bad good faith. J&J says the bankruptcy settlement has “significant backing” from firms representing around 60,000 people who are claiming. It’s fair to say that plaintiffs’ lawyers and victims ‘ lawyers are divided on what they believe is an $8.9 billion amount of settlement offered.

April 21st, 2023 Update: A bankruptcy judge ruled the company 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 suspended for a minimum of 60 days, new lawsuits can be filed and lawyers may begin to prepare their cases. Can talc be safe. The judge expressed skepticism over J&J’s attempt to revive its strategy with the second bankruptcy case.

April 13th 2023 Update: The big story is that there’s an $8.9 billion over the course of 25 years of settlement. Lawyers representing cancer patients involved in the MDL group action vowed to fight the settlement along with those who claim talc. Why? They feel it’s not enough to pay for 70,000 victims who have cancer. Can talc be safe. These lawyers argue that J&J could negotiate a greater settlement or settle individual claims in the event that the latest bankruptcy is thrown out.

But there’s a separate group of lawyers outside of the leadership in group action. They have amassed many thousands of cases. This group wants to settle the case now with what they believe is far less than what these victims deserve. The argument they make is twofold. First, they argue that the settlement – about an average of $100,000 per plaintiff – is fair.

This is an argument that is difficult to prove. However, their second argument has more teeth: victims can now not wait and they want their money today.

April 12 2023 Update: Some people are seeking out how J&J is able to file for bankruptcy again. The answer is complex and complex. Let’s try to clarify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only method to deal with both present and future talc-related lawsuits definitively. Also, it thinks it can get a lower rate should there be a bankruptcy component that applies pressure for a settlement. Can talc be safe. Driving past 400 years of American time, the business claims that bankruptcy benefits all parties because it distributes settlements more fairly and effectively than trial courts in which some litigants receive substantial awards while others receive nothing.

The essence of this 3rd Circuit decision was this isn’t a case that involves an enterprise that is profitable, forming an entity to assume the legal responsibility and declare bankruptcy Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified that the entity was in financial difficulty due to the fact that J&J promises unlimited funding.
Then J&J jumped on the funding unlimited part of the holding and didn’t promise to fund unlimited litigation. J&J claims that its new financing agreements with its subsidiary will address concerns of the appeals court while supplying funds for claim payments. It’s as if giving victims lesser money could solve the overall issue.

Attorneys representing cancer patients who oppose the deal counter the agreement with what is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s previous decision. The hyperbole wasn’t spared attorneys representing the victims claim this the biggest “fraudulent deal of assets in United States history.”

In spite of the legal jargon, J&J does not really believe this bankruptcy will be able to last. It is however a method of pushing this $8.9 billion settlement through and maintain pressure on plaintiffs.

April 10 2023, Update Bloomberg provides an insightful article on a new law of New Jersey that is shedding new light on litigation funding in the baby powder suit for class actions. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) concerning talc products in exchange in exchange for a portion of profits. J&J is now willing the payment of $8.9 billion to settle all lawsuits.

The involvement of the funders is public knowledge due to an New Jersey court rule requiring the disclosure of certain information about outside funding backers. The rules aim to tackle the growing demands for the regulation of litigation funders. J&J faces over 60,000 claims when you combine federal and state infant powder litigation. Third-party financing in mass tort cases has its pros and cons. But there is no question that we are witnessing how third-party funding can level the playing field between people and big corporations in court.

April 4 2023 Update: It is pleasing to see the worm turn in this lawsuit. J&J has taken another blow this week, when it was found that the Third Circuit denied J&J’s request to continue the automatic stay during the time that J&J appeals an appeal at the U.S. Supreme Court. Automatic stays have froze hundreds of cases involving talcum powder and stopped any new lawsuits from getting filed ever since J&J launched the controversial attempt to spin the talc liability into a bankrupt company over a year in the past. Can talc be safe. When it was decided that the 3rd Circuit ruled that this bankruptcy was not valid only a few months back, the stay was removed. J&J was hoping to have it remain in effect until an appeal to the SCOTUS appeal. But 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 likelihood that of the Supreme Court is willing even to take up the appeal? Low.
March 16 2023 Update: With the bankruptcy stay being fully lifted, the first new cases have been filed and transferred into the class action for talcum powder MDL in just over a year. Seven new talc lawsuits were joined to the MDL in the past month increasing the number of cases pending to 37,522.

February 25, 2023 Update This morning, a Congressmen from Tennessee has now demanded that be the U.S. Government Accountability Office (GAO) launch an investigation into the amount J&J products containing talc have cost the government in the decades.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc product for years while tax dollars were spent treating those injured by exposure to the products. The demand comes just weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.

Can talc be safe. J&J must begin making reasonable settlements to victims to begin in putting this behind it. This is a blemish on one of the most prestigious firms.

February 14 2023 Update: During an appearance today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.

 

You May be Entitled to Significant Compensation Can talc be safe. 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!

 

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