You May be Entitled to Significant Compensation Talc asbestos verdicts. 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 pay the sum of $400 million US state AGs. Talc Asbestos Verdicts .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of a broad $8.9 billion deal to settle claims that its Baby Powder as well as other talc ingredients cause cancer. Talc asbestos verdicts.
J&J affiliate 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 a bankruptcy settlement. Talc asbestos verdicts. J&J has claimed that its talc products are safe and won’t cause cancer. The company is trying for a second time to resolve more than 38,000 cases in bankruptcy, as well as prevent new lawsuits from being filed in the future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for claims made by state attorneys general alleging that J&J was in violation of the state’s unfair commercial practices and consumer protection laws by misleading consumers about the security of its talc-based products.
Several states had begun consumer protection cases against J&J before LTL’s first bankruptcy filing stopped those investigations from progressing in 2021. Talc asbestos verdicts. New Mexico and Mississippi had already initiated actions with 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 taken steps to halt the bankruptcy of LTL along with cancer sufferers as well as The U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making business like J&J does not qualify for bankruptcy protections meant for the struggling debtors.
LTL’s first attempt at resolving the bankruptcy lawsuits was dismissed following similar arguments, when a U.S. appeals court determined the LTL wasn’t in “financial financial distress” and was not eligible under bankruptcy law. Talc asbestos verdicts. LTL filed a second bankruptcy in just two hours following the dismissal, arguing its second attempt was different in that it had less money available and more support for an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates state law enforcement powers by trying to unilaterally cap the liability of the company for state consumer protection actions.
Talc Asbestos Verdicts
LTL’s filings for the new year also contained more information on how the company plans to evaluate and pay for cancer claims if the bankruptcy plan is approved.
The maximum amount under the settlement would be $500,000 for patients diagnosed with cancer of the mesothelioma ovary before age 45. Talc asbestos verdicts. The second payment would be $260,000 for people diagnosed with cancer of the ovary prior to age 45.
The proposed settlement will offer discounts based on the type and severity of the cancer, the person’s years of age, their history of usage of talc and other variables. Talc asbestos verdicts. For example someone who regularly used talc products weekly, had a family history of ovarian cancer and was diagnosed Stage II cancer of the ovary by age 55 might qualify to receive a payout of $21,125 under the program.
Judge gives order to J&J, talc opponents to engage in settlement talks.
Following another round of hearings in Johnson &Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the plan to hold settlement talks, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary set up by J&J to settle claims – the company offered a settlement amounting to $8.9 billion. Talc asbestos verdicts. While a firm representing plaintiffs support the proposal, another group is opposed to the offer.
In the last week, an opposition group, dubbed”the Official Committee of Talc Claimants and urging the bankruptcy court for dismissal of the matter asserting that LTL is not considered to be in financial hardship.
“The filing is an incredibly legal and ineffective attempt by a tiny number of law firms to try to prevent claimants from voting on the resolution plan–a plan the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Talc asbestos verdicts. “The law firms involved in their filing are financially oriented and have conflicts that do not align with, contradict and infringe on the rights which their clientele. We’ll soon submit a response before the court of appeals.”
Talc asbestos verdicts. Clay Thompson, a lawyer for MRHFM that includes more than mesothelioma victims who have filed lawsuits against J&J, said that the second bankruptcy attempt of J&J will fail.
“J&J publishes press release about how great its plans are, but is insisting that the details of its plan–including the treatment each sick person will receive,” Thompson said in the statement. “What do they have to hide?”
Kaplan has instructed the sides to create a arrangement plan under the oversight of two mediators.
The court in February of 2022 Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that will free J&J from the hundreds of thousands of claims concerning its talcum products.
However, in the month of January, a federal appeals court overturned the verdict, ruling that the firm could not be considered in “financial distress.”
When J&J’s attempt to contest the U.S. Supreme Court was turned down on April 1, 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 approve to file for bankruptcy again.
J&J’s unstoppable profit engine goes out of control after $6.9B cost of litigation involving talc.
Through 2 Chapter 11 attempts, J&J has bought 19 months during which the cases were suspended. Talc asbestos verdicts. The company is requesting that claimants take a vote to accept their settlement. J&J will require 75% acceptance for the deal to pass.
In addition to the gang of talc lawyers that criticized the bankruptcy of the company, the U.S. Trustee which is a division that is part of the U.S. Department of Justice, also filed an appeal to dismiss LTL’s bankruptcy second case.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest but unfortunate debtors.” These doors “are not open to any parties that do not have a legitimate purpose or that seek to use bankruptcy to hinder or delay their creditors.” Vara continued.
In its own words, J&J maintains there is no definitive evidence to suggest that its Talc products, which includes its popular baby powder can cause cancer. J&J has been taking the products of the market first on North America in 2020–and the rest of the world later this year.
J&J seeks to avoid the expense of going to trial. J&J has won the majority of cases that have been decided through trial, though certain losses have been extremely harsh.
A high-profile trial in Missouri led to an $4.7 billion verdict against the drug company, which 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 talc trials that are either on appeal or have been settled. Out of 41 trials, 32 of them ended in the favor of J&J or a mistrial, or verdict for a plaintiff that was annulled on appeal. Talc asbestos verdicts. Separately, the company in 2020 moved to settle around 1000 cases for the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Asbestos Verdicts
Our lawyers handle baby powder lawsuits in every state. The lawsuits involving talcum powder against Johnson & Johnson have been ongoing for many years. Talc asbestos verdicts. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient found in products such as Baby Powder or Shower to Shower as well as other products, may cause ovarian cancer in certain women.
This page provides a J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amounts in these ovarian cancer lawsuits.
Have you reached the deadline by which you to start a lawsuit against talcum powder? Many who believe the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Asbestos Verdicts
June 2 2023 Update: In the trial for asbestos-containing talc which took place in California yesterday, technical issues disrupted the opening statements of the defense lawyers. Talc asbestos verdicts. The jurors, attending from home on Zoom however, heard Johnson & Johnson’s lawyer voice his doubt about the 70s research that claimed asbestos was present in their product prior to the session abruptly ended.
In the meantime, the plaintiff could present its first expert witness Arthur Langer. Langer said that the presence of other minerals alongside talc is inevitable. He also testified that his team had notified J&J in the year 1971 of the presence of asbestos chrysotile in the talc manufactured by the company, though in just 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update Talc asbestos verdicts. First trial after J&J made the decision to split its talc segment and file for bankruptcy is an important point of the ongoing litigation drama. Trial started on Monday in the poignant case of a young, 24-year-old plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma in the past year, which lawyers on both sides believe is a harrowing tragedy.
The opening statements exposed the stark differences in each side’s story. The attorney for the plaintiff took aim on Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation procedure. According to the attorney, the company tried to manipulate asbestos’ definition, in spite of internal documents dating from 1998 and 1994 that show asbestos fibers in the tissue of the plaintiffs are included.
Johnson & Johnson’s uncertain $8.9 billion settlement offer hangs in the balance as we progression of this trial. Despite the unique nature of this mesothelioma case and its distinctive issues in comparison to other talcum powder lawsuits ruling in favor of the plaintiff could result in an enormous setback for J&J’s hope of gaining broad acceptance for their settlement proposal among plaintiffs.
May 31st, 2023 Update: Johnson & Johnson’s bankrupt talc unit was able to defend their second Chapter 11 filing in the in the face of challenges from the talc injury plaintiffs. In an appeal to the New Jersey bankruptcy court, it argued that the situation was fundamentally different from the previous filing. It highlighted the extraordinary commitment of $8.9 billion from J&J as the largest ever settlement in a mass tort bankruptcy case. Talc asbestos verdicts. The issue is not discussed: whether the magnitude of the settlement means it is an equitable settlement. J&J also claimed that it received support from a variety of plaintiffs’ law firms 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 very first trial regarding its cosmetic talc products allegedly comprised of asbestos is set to start jury selection Monday in California within the Alameda County Superior Court, which is a well-known place for plaintiffs. The plaintiff asserts that his mesothelioma was triggered by asbestos exposure in J&J’s product, an allegation that the company does not deny. The trial also includes six retailers accused of selling talc 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, which is vitally critical to resolving talc claims. Talc asbestos verdicts. Randi Ellis, a lawyer who regularly appears in MDLs throughout the United States was appointed as the claims representative in the first bankruptcy. J&J’s defense team would like Ellis to be appointed to that role and again, but attorneys for the talc plaintiffs are protesting to the claim that Ellis has an unrelated conflict of interest which should stop her from holding that position for the second time. The issue stems from the reality that Ellis was believed to have been involved in drafting the controversially contesting second bankruptcy, which raises questions about her capability to remain neutral. However, the reality is that this bankruptcy will likely to get dismissed anyway.
May 17, 2023 Update The pretend company J&J created for the talc litigation bankruptcy disclosed to the New Jersey bankruptcy court that they have allocated $400 million to pay the claims of states that accuse the company of misleading advertising for its talc product. Talc asbestos verdicts. So that makes it an $8.5 billion settlement for cancer sufferers. It’s difficult to imagine any scenario in which J&J can get these baby powder settlements through at these numbers. Although J&J’s $8.5 billion offer may seem like a lot at first, it does not look great after you calculate the figures. The settlement plan based on our rough calculations – would not provide victims with much more than $100,000 per case. That is not enough.
May 15th, 2023 update: J&J may be in the middle of a suit from an advocacy group representing cancer victims. Talc asbestos verdicts. The group argues that J&J deliberately retracted the $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, to simulate financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group argues that this act is equivalent to a fraudulent transfer of rights of victims’ compensation. They intend to investigate J&J’s actions in the wake of the decision to dismiss LTL’s first bankruptcy case.
May 10, 2023 Update: Next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy application that was filed by J&J subsidiaries LTL Management. In the meantime, this bankruptcy court has issued an order which requires both sides to take part in a new settlement negotiation with the hopes of achieving the global settlement can be brokered.
May 5, 2023 Update: Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer from asbestos exposure. Talc asbestos verdicts. Over 2,700 people have sued the firm, and it was paying $1 million per month for legal defense. The company’s most recent $29 million settlement on the state of South Carolina forced it to apply for bankruptcy protection and argue for equitable distribution of assets to talc claimants, rather than being confiscated in the hands of the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of legal proceedings.
May 4 2023 Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart talks with lawyers who rejected the proposed $8.9 billion settlement offer. At Trenton, New Jersey yesterday the parties gathered in court to discuss the next steps for the second bankruptcy case and Judge Kaplan was pushing for more settlement discussions.
This is the way to resolve these claims for J&J. A baby powder settlement can be completed. Talc asbestos verdicts. But it’ll need additional money – perhaps billions of dollars – of Johnson & Johnson.
Lawyers are split on whether to accept the proposal and not every client views the situation the same way their lawyer does. The second bankruptcy case is bound to fail, with Judge Kaplan has scheduled a hearing for June to decide if he will discharge the bankruptcy for the 2nd time.
May 3 2023 Update: A group of cancer victims suing Johnson & Johnson (J&J) asked to have the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation involving talc products. The group representing claimants for talc made a motion Tuesday requesting the Third Circuit to consider their case and to send it back to a lower court, with instructions to discharge the bankruptcy. Talc asbestos verdicts. They also asked that the stoppage of tort litigation against J&J be allowed to proceed.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year and offered an $8.9 billion agreement. The committee says that the recent ruling which allowed LTL’s second Chapter 11 to continue, and also stopping trials against J&J is a reason for urgent Third Circuit review. The US Trustee has also 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 as saying that J&J plans to file a reply to the appeals court saying that the filing is an “desperate and legally deficient effort” by a small number of law firms that have different financial interests.
May 1st 2023 Update: One question people keep asking is how plaintiffs and their attorneys turn down $8.9 billion. Of course, that is an enormous amount of money. But there are plenty of victims. Talc asbestos verdicts. These are an excellent case for plaintiffs. We were reminded recently when two talc cases resulted in big verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon ended in an award worth $18.1 million. A month later, another mesothelioma talc case was brought to trial in 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 most prominent suppliers of talc within the U.S.
April 30th 2023 Update: J&J initially attempted to pull the talcum powder litigation into bankruptcy, it did so with an offer to reserve $2 billion for settlements. It was a ridiculously small amount. None of the talc plaintiffs were in favor of the proposal. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs will allow a bankruptcy settlement and also has the support of a large portion of the talc plaintiffs as well as their lawyers. Talc asbestos verdicts. But 75% of the plaintiffs who are a talc, which is required for bankruptcy plan approval is not an easy task due to the sheer number of lawyers with vast inventory of baby powder-related lawsuits, opposed in favor of the deal.
What could solve the impasse? More billions.
April 25 2023 update: Talc plaintiffs have sought a court order to reject their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, insisting that the company is not financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talc asbestos verdicts. It was the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company was not eligible to receive bankruptcy relief because it had not demonstrated financial distress.
The claimants argue that LTL’s third Chapter 11 case is an misuse of the bankruptcy system, and that it’s being pursued in bad faith. J&J claims the bankruptcy settlement has “significant support” from companies representing around 60,000 plaintiffs. It’s safe to say that lawyers representing plaintiffs and the victims are split over this $8.9 billion offer for settlement.
April 21, 2023 Update: A bankruptcy judge decided that Johnson & Johnson must face new lawsuits alleging that the firm sold tainted baby powder causing cancer. While trials in talc lawsuits are paused for at least 60 days but new lawsuits can be filed, and lawyers can begin preparing their cases. Talc asbestos verdicts. The judge expressed his doubts about J&J’s pathetic attempt to relaunch its strategy in the second bankruptcy case.
April 13th 2023 Update: The most important update is about the $8.9 billion over the next 25 year period settlement offered. Lawyers representing cancer patients involved in MDL class action MDL collective action pledged to fight the settlement along with those who claim talc. Why? They argue that it’s not enough to pay for 70,000 victims who have cancer. Talc asbestos verdicts. They argue that J&J should negotiate a larger settlement or litigate individual claims in the event that the latest bankruptcy is declared unconstitutional.
There is a different set of lawyers who are not part of the leadership in the class action. These lawyers have amassed hundreds of thousands of cases. This group wants to settle the case now in what many believe to be less than the victims deserve. Their argument appears to be two-fold. First, they argue that the settlement – which amounts to 100,000 dollars per plaintiff – is fair.
It’s a difficult argument to prove. The second argument is more force: the victims can be no longer patient and demand to get their money right now.
April 12 2023 Update: Some people are asking how J&J could file for bankruptcy again. The answer is complex and complex. Let’s try to simplify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only means to deal with both present and future talc-related lawsuits definitively. That is, it believes that it will be less expensive in the event of the bankruptcy element which applies pressure for a settlement. Talc asbestos verdicts. Going back to the 400-year span of American history, the company believes that bankruptcy is beneficial to all parties because it distributes settlement payments more evenly and effectively than trial courts, where litigants are awarded significant payouts, while others are left with nothing.
The gist of this 3rd Circuit decision was this is not a case – an enterprise that is profitable, forming an affiliate to accept the legal burden and declare bankruptcy – Congress thought of when drafting its Bankruptcy Code. It also clarified it was not financially distress because J&J offered unlimited financing.
This is why J&J decided to go with the funding unlimited part of the contract and didn’t make any promises to fund unlimited the litigation. The company claims that modified financing arrangements with its subsidiary address the concerns of the appellate court, while offering claim payment funds. In the hope that offering victims lesser money could solve the underlying issue.
Attorneys representing cancer victims who do not agree with the agreement counter this argument by saying that it is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous decision. The hyperbole wasn’t spared: victims’ lawyers call it the largest “fraudulent move that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think that the bankruptcy will endure. But it is a way of trying to push this $8.9 billion settlement, and to keep the pressure on plaintiffs.
April 10 2023 Update: Bloomberg provides an insightful piece on a law that has been passed in New Jersey that is shedding new light on litigation funding in the plaintiffs in the class action. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) over talc products in exchange for a portion of any winnings. J&J has now offered the payment of $8.9 billion in settlements for all lawsuits.
The involvement of the funders is publicly available because of an New Jersey court rule requiring the release of certain details about funders outside the state. This rule is intended to address the growing calls for regulation of the litigation funders. J&J faces over 60,000 claims when you add up federal and state baby powder lawsuits. Third-party financing in mass tort cases is not without its pros and cons. There is no doubt that we are seeing how third-party funding can level the playing field between people and large corporations in court.
April 4 2023 Update: It is fun to watch the worm turning in this litigation. J&J has taken another blow this week, when the Third Circuit denied J&J’s request to maintain the automatic stay as J&J appeals an order granting bankruptcy before the U.S. Supreme Court. Automatic stays have frozen thousands of talcum powder cases and stopped any new lawsuits from being filed ever since J&J launched the controversial attempt to spin the talc liability off into a bankrupt entity over one year earlier. Talc asbestos verdicts. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid a few months ago, the stay was lifted. J&J was hoping to have it continue in the meantime of hearing the SCOTUS appeal. But 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 chance the Supreme Court is willing even to accept the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay being officially lifted, the first new cases have been filed and transferred into the class action involving talcum powder MDL in just over a year. Seven new talc lawsuits were added to the MDL during the month of March which brings the total number of cases that are pending to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee has now demanded that be the U.S. Government Accountability Office (GAO) start an investigation into how much J&J products containing talc have cost the government in the decades.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of ignoring the dangers of its talc products for decades while tax dollars were utilized to treat people injured by exposure to the products. The lawsuit comes just a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talc asbestos verdicts. J&J should begin to make reasonable settlement proposals for victims in order getting this behind it. It is a stain on one of the greatest firms.
February 14 2023 Update: During the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc asbestos verdicts. 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!