You May be Entitled to Significant Compensation Can using talc in your hair cause cancer. 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 provide $400 million to US state AGs. Can Using Talc In Your Hair Cause Cancer .
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 settlement of allegations that it’s Baby Powder and other talc-based product causes cancer. Can using talc in your hair cause cancer.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company plans to pay different kinds of cancer sufferers in an arrangement for bankruptcy. Can using talc in your hair cause cancer. J&J has declared that its Talc products are safe, and won’t cause cancer. The company is trying for an additional time to conclude more than 38,000 cases 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 lawsuits filed with state attorneys general claiming that J&J had violated the state’s unfair commercial practices as well as consumer protection laws, by deceiving consumers regarding the safety of its talc products.
Some states had started consumer protection measures against J&J prior to the first bankruptcy filing stopped these investigations from moving forward in 2021. Can using talc in your hair cause cancer. New Mexico and Mississippi had already initiated actions for damages against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas in LTL’s court filings.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished, joining cancer victims as well as the U.S. Justice Department’s bankruptcy watchdog, who have argued that a successful company such as J&J is not eligible for bankruptcy protections aimed at those struggling with debt.
The company’s initial attempt to resolve the bankruptcy cases was dismissed following similar arguments. A U.S. appellate court decided that LTL did not have “financial distress” and therefore not eligible of bankruptcy protection. Can using talc in your hair cause cancer. LTL declared bankruptcy a second time less than two hours after the dismissal, saying that its second attempt was different due to the fact that it had less money available and more support for a settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s latest bankruptcy violation of state law enforcement authorities by trying to unilaterally cap the liability of the company for state consumer protection laws.
Can Using Talc In Your Hair Cause Cancer
LTL’s filings for the new year also contained more information about how the company would assess and pay claims for cancer when the bankruptcy plan is approved.
The most significant payments under the settlement would be $500,000 to those diagnosed with mesothelioma that is terminal before age 45. Can using talc in your hair cause cancer. The second payment would be $260,000 for patients diagnosed with terminal ovarian cancer before age 45.
The proposed settlement offers discounts based on the kind and severity of cancer, the patient’s age, history of the use of talc, and other aspects. Can using talc in your hair cause cancer. For example someone who regularly used talc products weekly, had a family history of ovarian cancer and was diagnosed an ovarian cancer stage II at the age of 55 may qualify for a $21,125 payment according to the plan.
Judge ordains J&J, talc opponents to take part in settlement talks.
After another round of hearings in Johnson & Johnson’s effort to use a Texas Two-Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the plan to enter into settlement talks, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary created by J&J to hold the claims–the company proposed a settlement of $8.9 billion. Can using talc in your hair cause cancer. While one firm representing plaintiffs agree with the proposal, another group opposes the deal.
The previous week, the opposition group, dubbed”the Official Committee of Talc Claimants requested the bankruptcy court to disqualify the petition arguing that LTL cannot be regarded as financially distressed.
“The filing is an incredibly legal and ineffective attempt by a tiny number of law firms to try to stop claimants from deciding on the resolution plan – a plan the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Can using talc in your hair cause cancer. “The law firms that are behind this filing have financial interests that do not align with, differ from and oppose the interests they represent. We will be submitting an answer in the appeals court.”
Can using talc in your hair cause cancer. Clay Thompson, a lawyer for MRHFM which has more than 80 patients with mesothelioma who have filed lawsuits against J&J claimed that J&J’s second bankruptcy attempt is likely to fail.
“J&J sends out press releases that boast about how amazing its plan is while simultaneously requesting that details of the plan, such as what individuals with illnesses would receive,” Thompson said in an announcement. “What is J&J’s plan to cover up?”
Kaplan has instructed both sides to create a strategy for reorganization, under the supervision and supervision of mediators.
As of February 2022 Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would release J&J from the tens of thousands of claims related to its talcum-based products.
However, in January of this year an appeals court in the United States overturned the ruling, ruling that the company could not be considered to be in “financial distress.”
After J&J’s make an appeal before the U.S. Supreme Court was rejected on April 1, J&J was granted a second petition for bankruptcy roughly two hours after. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether or not to approve to file for bankruptcy again.
J&J’s unstoppable profit engine sputters after $6.9B the talc litigation cost.
With the two Chapter 11 attempts, J&J has purchased 19 months of which the cases were suspended. Can using talc in your hair cause cancer. The company is requesting that claimants vote on accepting their settlement. J&J would need 75% of the vote for the deal to go through.
In addition to the gang of talc lawyers that criticized LTL’s bankruptcy plan in the U.S. Trustee, the U.S. Trustee, an arm belonging to the U.S. Department of Justice has also filed an appeal to dismiss LTL’s second bankruptcy.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest but unfortunate debtors.” These doors “are not open to parties that lack a legitimate bankruptcy objective or seek to abuse the bankruptcy process to delay or hinder their creditors,” Vara continued.
For its part, J&J maintains there is no evidence conclusive that its Talc products, which includes its popular baby powder cause cancer. J&J has taken the products of the market first in North America in 2020–and the rest of the world next year.
J&J seeks to avoid the expense of going to trial. J&J has won the majority of cases that have been decided at trial, but certain losses have been extremely severe.
A highly-publicized trial in Missouri led to a $4.7 billion verdict against the drugmaker 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 trial involving talc that are in appeal or settled. In 41 trials 32 have ended in an outcome for J&J, a mistrial or verdict for a plaintiff that was overturned after appeal. Can using talc in your hair cause cancer. The company also has announced plans to settle nearly 1,000 cases for 100 million dollars, Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Can Using Talc In Your Hair Cause Cancer
Our lawyers are handling baby powder lawsuits across all 50 states. The lawsuits involving talcum powder in the case of Johnson & Johnson have been going on for a long time. Can using talc in your hair cause cancer. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient in products like Baby Powder or Shower to Shower which can cause ovarian cancer among some women.
This page provides an J&J talc power litigation update and discusses how the upcoming bankruptcy ruling will affect the final settlement amount in the cases of ovarian cancer.
Has the deadline passed for you to file a talcum powder lawsuit? Many who assume the deadline has passed to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Can Using Talc In Your Hair Cause Cancer
June 2 2023 Update: In the trial for asbestos-containing talc in California yesterday, some technical issues halted the opening statements made by defense lawyers. Can using talc in your hair cause cancer. The jurors, attending from their homes via Zoom however, heard Johnson & Johnson’s lawyer expressing doubt about the 70s research that claimed asbestos was present in their product before the trial was abruptly closed.
Meanwhile, the plaintiff had the opportunity to present the first of their witnesses, Arthur Langer. Langer stated that the presence of other minerals with the talc’s mineral content is inevitable. He said that his team was notified by J&J in the year 1971 about the presence of chrysotile asbestos within the company’s talc, albeit with lesser than 0.1 percent. He also uncovered more asbestos in 1976.
June 1, 2023 Update: Can using talc in your hair cause cancer. First trial after J&J took the decision to disband its Talc division, and then declare bankrupt is a pivotal moment for the ongoing lawsuit controversy. Trial started on Monday in the heartbreaking trial of a young plaintiff who was diagnosed with an aggressive and rare form of mesothelioma last year, which lawyers on both sides believe is a tragedy of a different kind.
Opening statements revealed the sharp differences in the two sides’ story. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging the use of misleading strategies in its research practices as well as throughout the litigation process. According to the attorney, Johnson & Johnson tried to alter the definition of asbestos in spite of internal documents from the year 1978 and 1994 indicating that asbestos fibers in the plaintiff’s tissue are included.
Johnson & Johnson’s precarious $8.9 billion settlement deal hangs in the balance as we course of this trial. Despite the distinctive nature of this mesothelioma case and the unique issues it faces compared to other talcum powder lawsuits, a verdict favoring the plaintiff could cause an enormous setback for J&J’s hope of gaining broad acceptance for the settlement they have proposed among plaintiffs.
May 31st, 2023 Update: Johnson and Johnson’s bankrupt talc division vigorously defended its two-time Chapter 11 filing in the face of challenges from victims of talc injuries. In an objection submitted to the New Jersey bankruptcy court, it argued that the case was fundamentally different from the earlier filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion in settlement from J&J, the biggest settlement ever to be made in any bankruptcy case that involves mass tort. Can using talc in your hair cause cancer. The issue is not discussed: whether the magnitude of the settlement means it is a fair settlement. J&J also claimed that it received support from a variety of plaintiffs’ law firms that represent over 600,00 claimants. It is difficult to confirm but is probably incorrect.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the first trial on its cosmetic talc products allegedly containing asbestos is set to start jury selection on Monday in California in Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure resulting from J&J’s products which J&J does not deny. The trial also includes six retailers accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are battling over who should be chosen to fill the post of the claims representative in the future, a role that is critically critical to resolving claim for talc. Can using talc in your hair cause cancer. Randi Ellis, a lawyer who regularly appears in MDLs throughout the country, was appointed as the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed to that role again, but lawyers for the talc plaintiffs are objecting due to the fact that Ellis has a conflict of interest that would prevent her from being appointed to that post again. This conflict is rooted in the fact that Ellis was reportedly involved in the drafting of the highly disputable second bankruptcy, which raises doubts about her capability to remain neutral. The reality is this bankruptcy will likely to be tossed out anyway.
May 17, 2023 Update The pretend company J&J put together to handle the bankruptcy of talc told the New Jersey bankruptcy court that they have allocated $400 million as a settlement for allegations made by states who accuse the company of deceptive advertising for its talc products. Can using talc in your hair cause cancer. That’s an $8.5 billion settlement for cancer victims. It’s hard to imagine the scenario in which J&J can push these settlements for babies at these numbers. While J&J’s $8.5 billion offer seems like a lot initially, it may not look great when you look at the numbers. This settlement offer based on our rough calculations would not offer victims anything more than $100,000 per instance. This isn’t enough.
May 15, 2023 Update: J&J may be in the middle of a lawsuit from an advocacy group that represents cancer patients. Can using talc in your hair cause cancer. The group argues that J&J intentionally withdrew a $61.5 billion financing agreement that it had with its company subsidiary LTL Management LLC, to simulate financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group claims this decision amounts to a fraudulent transfer of the rights of victims’ compensation. They will investigate J&J’s actions in the wake of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: The following week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy petition filed from J&J company LTL Management. In the meantime, it has approved an Order calling for both parties to participate in a second settlement mediation with the hopes of achieving it will be possible to reach a global settlement agreement been reached.
May 5, 2023 Update: The talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. Can using talc in your hair cause cancer. Over 2,700 people have sued the company and it has been spending $1 million a month to defend itself. The company’s latest $29 million verdict in South Carolina forced it to pursue bankruptcy protection, and arguing that assets should be distributed in an equitable manner among talc claimants instead of being taken from the receiver. Other talc suppliers have also filed for bankruptcy due to legal proceedings.
May 4 2023 update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch negotiations with lawyers who rejected the proposed $8.9 billion deal. In Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps in the second bankruptcy case. Judge Kaplan encouraged further settlement talks.
This is the way to resolve the claims of J&J. The baby powder settlement is likely to get done. Can using talc in your hair cause cancer. But it’ll need additional money – perhaps billions of dollars by Johnson & Johnson.
Lawyers are divided on whether to accept the proposal and not all clients see this issue the same way their lawyer does. A second bankruptcy proceeding is bound to fail, and 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) demanded an order from J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation regarding talc-related products. The group representing the claimants made a motion Tuesday, asking that the Third Circuit to consider their case and to send it back to a lower court, with instructions to discharge the bankruptcy. Can using talc in your hair cause cancer. They also asked that the stopped tort litigation against J&J should be permitted to proceed.
LTL has filed for Chapter 11 protection once again after its first bankruptcy filing was rejected by the Third Circuit earlier this year, offering the possibility of an $8.9 billion deal. The committee says that the recent ruling allowing the second Chapter 11 to continue, and also stopping trials against J&J should be subject to an immediate Third Circuit review. The US Trustee also asked that 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 intends to file a statement in the appeals court calling the request a “desperate and legally flawed plan” by a select group of law firms that have different financial interests.
May 1 2023 Update: One common question that people ask is how could plaintiffs and their attorneys turn around $8.9 billion. That’s of course a lot of money. But there are plenty of victims. Can using talc in your hair cause cancer. These are actually a good case for plaintiffs. We were reminded recently when two talc cases led to huge verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon was settled with an award of $18.1 million. A month later, another mesothelioma-related talc case went to hearing in South Carolina and resulted in a verdict of $29million on behalf of the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. one of the most prominent manufacturers of talc in U.S.
April 30 2023 Update: J&J initially tried to take 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. All of the talc plaintiffs supported the proposal. This time, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they agree to a bankruptcy settlement and also has the support of a large portion of the talc plaintiffs as well as their lawyers. Can using talc in your hair cause cancer. But 75% of the plaintiffs of talc are required to approve bankruptcy plans, it a tough road due to the sheer number of lawyers with massive stocks of baby powder lawsuits opposed in favor of the deal.
What could solve the impasse? More billions.
April 25 2023 update: Talc Cancer victims have requested a judge to disqualify their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, saying the company is not financially strained. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Can using talc in your hair cause cancer. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company was not eligible for bankruptcy relief as it had not demonstrated financial trouble.
The claimants argue that LTL’s second Chapter 11 case is an misuse of the bankruptcy system and that it is being pursued in bad faith. J&J says the bankruptcy settlement is backed by “significant backing” from the firms that represent an estimated 60,000 claimants. It is fair to say that lawyers representing plaintiffs and victims ‘ lawyers are divided on the $8.9 billion settlement offer.
April 21st, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. Although trials for talc lawsuits are paused for at least 60 calendar days and new lawsuits are able to be filed and lawyers may begin to prepare their cases. Can using talc in your hair cause cancer. The judge expressed skepticism over J&J’s ridiculous effort to relaunch its strategy in a second bankruptcy trial.
April 13th 2023 Update: The biggest update is about the $8.9 billion over the next 25 years of settlement. Lawyers representing cancer victims who are part of the MDL Class Action have vowed to challenge the settlement talc claimants. Why? They argue that it’s not enough for those suffering from cancer who are 70,000. Can using talc in your hair cause cancer. They argue that J&J should seek a bigger settlement or pursue individuals’ claims if the current bankruptcy is declared unconstitutional.
But there is another set of lawyers who are not part of the leadership of that class action. The lawyers collectively have accumulated the equivalent of tens of thousands of lawsuits. This group wants to settle with what they believe is far less than what these victims deserve. Their argument seems to be twofold. They argue that the settlement, which is about 100 million dollars on average per plaintiff is fair.
This is an argument that is difficult to prove. However, their second argument has more substance: the victims will be no longer patient and demand the money immediately.
April 12 2023 Update: Some people are seeking out how J&J could file for bankruptcy once more. The answer is complex and convoluted. But let’s try to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future talc litigations in a definitive manner. Also, it believes that it will be less expensive in the event of the bankruptcy element which applies pressure to settle. Can using talc in your hair cause cancer. Going back to hundreds of years of American history, the company asserts that bankruptcy benefits all parties as it distributes settlement payments more equitably and more efficiently than trial courts where some litigants receive significant settlements while others get nothing.
The gist in the 3rd Circuit decision was this is not a case of an enterprise that is profitable, forming subsidiaries to meet the legal burden and declare bankruptcy – something Congress thought of when drafting its Bankruptcy Code. But it also said that the entity was in financial trouble because J&J promised unlimited funding.
Thus, J&J jumped on the funding unlimited part of the holding but did not pledge to fund unlimited lawsuits. J&J claims that its updated financing arrangements with its subsidiary addresses the appeals court’s concerns, while supplying funds for claim payments. It’s as if giving victims lower amounts of money would resolve the underlying issue.
Lawyers representing cancer victims who oppose the agreement counter this argument by saying that it is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole did not go unnoticed by the victims’ lawyers, who call it the most significant “fraudulent move that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. But it is a way of pushing this $8.9 billion settlement, and to keep the pressure on plaintiffs.
April 10, 2023 update: Bloomberg offers an informative report on a brand new law of New Jersey that is shedding new light on the funding of litigation in the Class action suit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any profits. J&J is now offering the payment of $8.9 billion to settle any lawsuits.
The involvement of funders is public information due to the New Jersey court rule requiring the release of certain details about funding sources outside of the. The rule aims to address the rising calls for the regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you combine federal and state baby powder lawsuits. Third-party funding for mass tort lawsuits has pros and pros and. But there is no question that we are seeing how third-party financing can help level the playing field for individuals and big companies in court.
April 4, 2023 Update: It’s interesting to watch the worm turn in this lawsuit. J&J took another hit this week when an appeals court in the Third Circuit denied J&J’s request to maintain the automatic stay during the time that J&J appeals an appeal before the U.S. Supreme Court. Automatic stays have froze the cases of talcum powder in a number of years and prevented new lawsuits from being filed ever since J&J started the controversial process to spin the talc liability into a bankrupt subsidiary over a year ago. Can using talc in your hair cause cancer. After the 3rd Circuit ruled that this bankruptcy was not valid some months ago, the stay was lifted. J&J wanted to see it remain in effect until an appeal to the SCOTUS appeal. However, 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. The likelihood that for the Supreme Court is willing even to accept the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay officially lifted, the first new cases have been filed and transferred into the Talcum Powder class action MDL in just over a year. Seven new talc lawsuits were brought into the MDL over the last month which brings the total number of cases in the pending process up to 37,522.
February 25 2023 Update The following information is available: A Congressmen from Tennessee is now demanding that be the U.S. Government Accountability Office (GAO) begin an investigation into the cost J&J Talc products have cost the government over the years.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of failing to recognize the dangers of its talc products for many years, while tax dollars were spent treating those injured by exposure to the product. The suit comes just a few days following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Can using talc in your hair cause cancer. J&J needs to start making fair settlement offers to victims, in order the process of putting all this behind it. It’s a mark on one of the world’s greatest businesses.
February 14 , 2023 Update: At a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Can using talc in your hair cause cancer. 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!