You May be Entitled to Significant Compensation Talc cancer claim. 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 be worth $400 million to US state AGs. Talc Cancer Claim .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of a broader $8.9 billion settlement of allegations that its Baby Powder as well as other talc products cause cancer. Talc cancer claim.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company will pay various types of cancer victims in bankruptcy settlement. Talc cancer claim. J&J has said that its products containing talc are safe and will not cause cancer. The company is trying for an additional time to conclude more than 38,000 lawsuits in bankruptcy and prevent new cases from arising in the near future.
The bankruptcy plan of LTL would pay $400 million to an additional trust to settle claims brought from state attorney generals claiming that J&J violated state unfair business practices as well as consumer protection laws, by deceiving consumers regarding the quality of its talc products.
Several states had begun consumer protection measures against J&J before LTL’s first bankruptcy filing stopped those investigations from progressing in 2021. Talc cancer claim. New Mexico and Mississippi had already filed actions in the past against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas according to court documents.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL as well as cancer patients as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making company like J&J does not qualify for bankruptcy protections intended for struggling debtors.
The first time LTL attempted to settle the bankruptcy-related lawsuits was dismissed after similar arguments. A U.S. appellate court decided the LTL wasn’t in “financial difficulty” and was not eligible to receive bankruptcy relief. Talc cancer claim. LTL made a new bankruptcy application less than two hours after that dismissal, arguing that the second bankruptcy was different as it was able to borrow less and had a greater chance of securing an agreement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates state law enforcement powers by attempting unilaterally to cap the company’s liability for state consumer protection laws.
Talc Cancer Claim
LTL’s recent filings also provided more information about how the company would assess and settle cancer claims when the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 for people diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for people diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement provides discounts based on the kind and severity of cancer, an individual’s years of age, their history of usage of talc and other variables. Talc cancer claim. For example, a woman who used daily talc products, had an ancestral history of ovarian cancer, and was diagnosed with an ovarian cancer stage II when she was 55 might qualify to receive a payout of $21,125 according to the plan.
Judge gives order to J&J, talc opponents to discuss settlement negotiations.
After another round of hearings in Johnson & Johnson’s effort to implement a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the plan to enter into talks to reach a settlement, Bloomberg reports.
In its second bankruptcy effort for LTL Management, a subsidiary created by J&J to hold the claims–the company offered a settlement amounting to $8.9 billion. Talc cancer claim. While one firm representing plaintiffs support the deal, another group is against the settlement.
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 asserting that LTL is not a factor in financial hardship.
“The filing is a desperate and legally ineffective attempt by a tiny number of law firms to try to prevent claimants from voting on the resolution plan–a plan that the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Talc cancer claim. “The law firms who filed these filings have interests in finance that are in conflict with, differ from and infringe on the rights that their customers. We’ll submit a response before the court of appeals.”
Talc cancer claim. Clay Thompson, a lawyer for MRHFM which is home to more than mesothelioma patients who have filed lawsuits against J&J claimed that J&J’s second bankruptcy attempt will fail.
“J&J sends out press releases describing how fantastic its plan is, while insisting that the plan’s details, including what the individual sick individuals would receive — be kept private,” Thompson said in a statement. “What do they have to cover up?”
Kaplan has directed the parties to come up with another strategy for reorganization, under the supervision from two mediators.
On February 20, 2022 Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that would release the company from the thousands of lawsuits related to its talcum-based products.
In January of this year a federal appeals court ruled against the decision, deciding that the company was not able to be considered to be in “financial distress.”
After J&J’s contest the U.S. Supreme Court was denied at the end of April J&J declared bankruptcy two hours later. In response, Kaplan froze the lawsuits for 60 days in order to determine whether or not to approve the second bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B the talc litigation cost.
With the 2 Chapter 11 attempts, J&J has purchased 19 months of which cases have been held. Talc cancer claim. J&J wants the claimants to accept their settlement. J&J needs 75% acceptance for the deal to pass.
In addition to the gang of talc lawyers who panned LTL’s bankruptcy plan as well, the U.S. Trustee is an arm 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 the bankruptcy court are “open to honest but unfortunate debtors.” Those doors “are not open to parties that do not have a legitimate objective or seek to use bankruptcy to delay or hinder their creditors,” Vara continued.
In its own words, J&J maintains there is no conclusive evidence 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 this year.
J&J intends to steer clear of the cost of going to court. It has won the majority of cases that were decided during trial, however, some losses have been punitive.
A highly publicized trial in Missouri ended in an $4.7 billion verdict against the drug company but 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 trial involving talc that are being appealed or resolved. Out of 41 trials 32 of them ended in the favor of J&J as well as mistrials or plaintiff verdicts that were overturned after appeal. Talc cancer claim. In addition, J&J has announced plans to settle more than 1000 cases at a cost of 100 million dollars, Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Cancer Claim
Our lawyers handle baby powder lawsuits in every state. The talcum powder lawsuits in the case of Johnson & Johnson have been in the process for several years. Talc cancer claim. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient in products like the Baby Powder as well as Shower to Shower, can cause ovarian cancer in some women.
This page provides an J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling affects the final settlement amount in these Ovarian Cancer lawsuits.
Has the deadline passed for you to file a talcum powder lawsuit? Many who believe that the statute of limitations has passed to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Cancer Claim
June 2, 2023 Update: During the asbestos talc case that took place in California yesterday, some technical issues halted the opening statement by the defense lawyers. Talc cancer claim. Jurors who were watching from their homes via Zoom and hearing the Johnson & Johnson’s lawyer voice his doubts about the 70s research affirming the presence of asbestos in their product, but the trial was abruptly closed.
In the meantime, the plaintiff was able to present their first witness, Arthur Langer. Langer explained that the existence of other minerals with talc is expected. He claimed that his group had notified J&J in the year 1971 of the presence of chrysotile asbestos the company’s talc, albeit with lesser than 0.1 percent. He also found more asbestos in 1976.
June 1, 2023 Update: Talc cancer claim. First trial after J&J has decided to separate its Talc division, and then declare bankrupt marks a pivotal moment for the ongoing lawsuit story. The trial started yesterday in the poignant case of a young, 24-year-old plaintiff, diagnosed with an aggressive and rare form of mesothelioma last year, which lawyers on both sides acknowledge is a grave tragedy.
The opening statements exposed the huge differences between the sides’ narrative. The attorney representing the plaintiff took aim against Johnson & Johnson, alleging the use of deceitful methods in their research practices as well as throughout the litigation procedure. In the words of attorney the company tried to manipulate asbestos’ definition, despite internal documents dating back to 1978 and 1994 showing that asbestos fibers found in plaintiff’s tissue are included.
Johnson & Johnson’s precarious $8.9 billion settlement is hanging in the balance as we progress of this trial. Despite the distinctive nature of this mesothelioma case and its unique challenges compared to other talcum powder lawsuits A verdict in favor of the plaintiff could inflict the company with a major setback in its hopes of broad acceptance of their settlement proposal among plaintiffs.
May 31st 2023: Update from Johnson & Johnson’s bankrupt talc division strongly defended its two-time Chapter 11 filing in the facing challenges from victims of talc injuries. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the case differed fundamentally from the previous filing. It also emphasized the unprecedented commitment of $8.9 billion to J&J which is the largest settlement ever in a mass tort bankruptcy case. Talc cancer claim. Not mentioned: how the size of the settlement indicates that it is a fair settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms representing over 60,000 claimants. This is difficult to verify but likely incorrect.
May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the very first trial involving the cosmetic talc products it claims to with asbestos content is scheduled to begin jury selection on Monday, May 24, California with Alameda County Superior Court, a historically good place for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure in J&J’s product and the company does not deny. The trial also includes six retailers accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now disputing who should be appointed to the post of future claims representative. This is the role is crucially critical to resolving Talc claims. Talc cancer claim. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation, was appointed as the claims representative during the first bankruptcy. J&J’s defense team wants Ellis to be appointed in that position yet again, but the lawyers for the talc plaintiffs are objecting because Ellis has a conflict of interest that would prevent her from assuming that position for the second time. The issue stems from the reality that Ellis was believed to have been involved in the drafting of the highly disputable second bankruptcy, which raises questions about her capability to remain neutral. In reality, this bankruptcy could be dismissed regardless.
May 17, 2023 Update: The pretend company J&J created to handle the bankruptcy of talc disclosed to the New Jersey bankruptcy court that they have set aside $400 million to settle the allegations made by states who accuse the company of deceitful advertising regarding its talc products. Talc cancer claim. It’s a $8.5 billion settlement for cancer sufferers. It is hard to imagine an eventuality where J&J could push the settlements of baby powder through at these numbers. While J&J’s proposed $8.5 billion offer might seem like a huge sum initially, it does not look good when you consider the math. This settlement offer based on our rough calculations, would not provide victims with much more than a median settlement of $100,000 per case. This isn’t enough.
May 15 2023 Update: J&J is potentially facing a suit from an advocacy group that represents cancer patients. Talc cancer claim. The group contends that J&J intentionally canceled the $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, to simulate financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group asserts this action amounts to a fraudulent transfer of the rights of compensation for victims. They will investigate J&J’s actions following of the dismissal of LTL’s first bankruptcy case.
May 10, 2023 Update: Next week next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy filing of J&J company LTL Management. However, in the meantime LTL Management has filed an order which requires both sides to take part in a new settlement mediation with the hopes of achieving an international settlement agreement can be come to fruition.
May 5 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer from asbestos exposure. Talc cancer claim. Over 2,700 individuals have sued the firm and it is spending $1 million a month on legal defense. The company’s recent $29 million settlement that was handed down in South Carolina forced it to pursue bankruptcy protection, and arguing that assets should be distributed in an equitable manner to talc claimants, rather than being taken 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 settlement discussions with lawyers who rebuffed the proposed $8.9 billion offer for settlement. At Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps for another bankruptcy proceeding and Judge Kaplan has pushed for further settlement talks.
This is the best way to settle these claims for J&J. A baby powder settlement can be achieved. Talc cancer claim. However, it will require more money, more billions of dollars – from Johnson & Johnson.
Lawyers are divided on whether or not to agree with the proposal and not every client views the situation the same way their lawyer views it. Second bankruptcy cases are likely to fail as Judge Kaplan has set a date for a hearing in June to determine whether to close the case for the third time.
May 3 2023 Update The group of cancer patients who have sued Johnson & Johnson (J&J) asked an order from they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation surrounding talc-based products. The committee representing talc claimants submitted a motion on Tuesday asking the Third Circuit to consider their case and then send it back to a lower court, with instructions to dismiss the bankruptcy. Talc cancer claim. They also requested that the stopped tort litigation against J&J be allowed to proceed.
LTL applied for Chapter 11 protection once again after its bankruptcy filing was denied in the Third Circuit earlier this year which offered a $8.9 billion deal. The committee argues that the recent decision allowing the second Chapter 11 to continue, while also halting trials against J&J, warrants the immediate 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 as saying that J&J intends to file a statement in the appeals court saying that the filing is an “desperate and legally deficient move” by a small number of law firms who have conflicts of financial interests.
May 1st 2023 Update: One question people keep asking is how the plaintiffs’ lawyers and their clients turn down $8.9 billion. Of course, that’s an enormous amount of money. However, there are lots of victims. Talc cancer claim. And these are really good claims for plaintiffs. We were reminded of this recently by two talc-related trials that ended in large verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon resulted in the verdict that was $18.1 million. A month later, another mesothelioma talc case was brought to hearing at South Carolina and resulted in the verdict of $29 million to the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. which is one of the most prominent manufacturers of talc in U.S.
April 30th 2023 Update: In the year 2023, when J&J first attempted to drag the litigation over talcum powder into bankruptcy, it did so with an offer to set aside $2 billion for settlements. It was a ridiculously small amount. There was no one among the talc victims who believed in it. This time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they agree to a bankruptcy settlement and they have the support of a substantial section of the talc victims and their lawyers. Talc cancer claim. But with 75% of plaintiffs of talc are required for bankruptcy plan approval is a difficult road since there are so many lawyers with huge collections of baby powder lawsuits that are opposed in favor of the deal.
What can be done to end the impasse? More billions.
April 25 2023 update: Talc patients have sought a court order to disqualify their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, which claims that the business is not financially distressed. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc cancer claim. The 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company wasn’t eligible for bankruptcy relief since it did not show financial difficulties.
The claimants assert that the second Chapter 11 case is an misuse of the bankruptcy system, and that it’s being pursued in bad faith. J&J says the bankruptcy settlement receives “significant backing” from the firms that represent around 60,000 claimants. It’s safe to say that lawyers representing plaintiffs and victims ‘ lawyers are divided on the $8.9 billion deal.
April 21st, 2023 Update A bankruptcy judge has decided in favor of Johnson & Johnson must face new lawsuits alleging that the firm sold a baby powder that contained a chemical that causes cancer. While trials in the lawsuits involving talc are delayed for at least 60 calendar days however, new lawsuits may be filed, and lawyers are able to begin preparing their cases. Talc cancer claim. Judges expressed skepticism about J&J’s ridiculous effort to revive its strategy by filing another bankruptcy case.
April 13, 2023 Update: The major announcement is an $8.9 billion over the course of 25 years settlement offer. Lawyers representing cancer patients involved in the MDL Class Action have pledged to fight the settlement with the talc claimants. Why? They argue that it’s not enough money for more than 70,000 cancer victims. Talc cancer claim. These lawyers believe that J&J should negotiate a bigger settlement or litigate individual claims in the event that the latest bankruptcy is thrown out.
But there’s a separate lawyer group that isn’t part of the leadership in group action. These lawyers have collectively amassed many thousands of cases. This group wants to settle the case now for what is believed to be lower than what the victims should be paid. The argument they make is twofold. First, they argue that the settlement of around the equivalent of $100,000 per plaintiff – is fair.
This argument isn’t easy to argue. The second argument is more teeth: victims can not afford to wait any longer and need to get their money right now.
April 12 2023 Update: People are wondering if J&J could file for bankruptcy once more. The answer is complex and complicated. But let’s try to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only method to settle both present and future talc litigations in a definitive manner. That is, it believes it can pay less in the event of the bankruptcy element which applies pressure to negotiate a settlement. Talc cancer claim. In a quest to cover more than 400 years in American history, the firm claims that bankruptcy benefits all parties as it distributes settlements more fairly and efficiently than trial courts, where some litigants receive significant awards while others receive nothing.
The basic tenet of the 3rd Circuit decision was this isn’t a case that involves a profitable company making subsidiaries to meet the legal burden and declare bankruptcy – something Congress had in mind when it came to drafting the Bankruptcy Code. However, it also stated it was not financially distress because J&J promised unlimited funding.
This is why J&J decided to go with the unlimited funding aspect of the agreement and did not promise to offer unlimited funding for litigation. The company claims that its modified financing arrangements with its subsidiary addresses the appeals court’s concerns while still offering claim payment funds. It’s as if giving victims lower amounts of money would resolve the overall issue.
Lawyers representing cancer patients who do not agree with the agreement counter the agreement with what is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s earlier decision. Hyperbole was not spared attorneys representing the victims claim it the biggest “fraudulent transfer of assets in United States history.”
Despite the legal jargon, J&J does not really think this bankruptcy will survive. However, it’s a means of trying to push this $8.9 billion settlement to keep the pressure on plaintiffs.
April 10, 2023 update: Bloomberg provides an insightful article on a new law that has been passed in New Jersey that is shedding new light on litigation funding in the class action lawsuit. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) regarding talc products, in exchange for a percentage of any settlements. J&J is now offering an offer of $8.9 billion to settle any lawsuits.
The involvement of funders is public knowledge 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 more than 60,000 claims when you add up state and federal child powder-related lawsuits. Third-party financing in mass tort cases has pros and cons. But there is no question that we are seeing how third-party funding could level the playing field for individuals and large corporations in court.
April 4 2023 Update: It is fun to watch the worm turning in this case. J&J suffered another setback this week, when an appeals court in the Third Circuit denied J&J’s request to keep the automatic stay in place as J&J appeals a bankruptcy ruling at the U.S. Supreme Court. This automatic stay froze hundreds of cases involving talcum powder and stopped new lawsuits from getting filed ever since J&J started the controversial process to spin talc-related liabilities into a bankrupt entity over a year in the past. Talc cancer claim. After the 3rd Circuit ruled that this bankruptcy was insufficient some months ago, the stay was lifted. J&J had hoped to have it stayed in place until an appeal to the SCOTUS appeal. But, 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 the Supreme Court is willing even to accept the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay now officially lifted, the very first new cases have been filed and transferred into the Talcum Powder class action MDL in the space of a year. Seven new talc lawsuits were brought into the MDL in the last month increasing the number of cases that are pending to 37,522.
February 25, 2023 Update 2023 Update: A Congressmen from Tennessee is now requesting that be the U.S. Government Accountability Office (GAO) initiate an investigation into how much J&J product containing talc has cost the government over the many years.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the dangers of its talc products for many years, while tax dollars were spent treating those injured by exposure to the product. This lawsuit comes a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc cancer claim. J&J has to begin making fair settlement offers to victims to begin to put all of this behind. This is a blemish on one of the top firms.
February 14 2023 Update: At an earlier hearing at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc cancer claim. 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!