You May be Entitled to Significant Compensation Talcum powder lawsuit chicago. 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 make payments of the sum of $400 million US state AGs. Talcum Powder Lawsuit Chicago .
Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of its larger $8.9 billion plan to settle allegations that its Baby Powder and other talc ingredients cause cancer. Talcum powder lawsuit chicago.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company will pay various types of cancer patients in a bankruptcy settlement. Talcum powder lawsuit chicago. J&J has said that its Talc products are safe, and do not cause cancer. J&J is seeking a second time to resolve more than 38,000 lawsuits in bankruptcy, and to prevent any new cases from arising in the future.
LTL’s bankruptcy plans would deposit $400 million into an additional trust to settle lawsuits filed from state attorney generals claiming that J&J was in violation of states’ unfair practices as well as consumer protection laws by misinforming consumers about the quality of its talc products.
A number of states had already initiated consumer protection measures against J&J prior to LTL’s bankruptcy filing prevented those investigations from proceeding in 2021. Talcum powder lawsuit chicago. New Mexico and Mississippi had already filed actions for damages against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands according to court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy, joining cancer victims as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. argue that a profit-making company like J&J is not eligible for bankruptcy protections meant for struggling debtors.
The first time LTL attempted to settle the bankruptcy cases was rejected after the same arguments, when a U.S. appeals court determined it was not LTL did not have “financial trouble” and was not eligible of bankruptcy protection. Talcum powder lawsuit chicago. LTL filed a second bankruptcy within two hours of that dismissal, arguing that the second bankruptcy was different as it had less money and had more support for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates the law enforcement powers of the state by trying to unilaterally cap the liability of the company for state consumer protection measures.
Talcum Powder Lawsuit Chicago
LTL’s recent filings also provided additional details about how the company would assess and pay cancer claims if the bankruptcy plan is approved.
The maximum amount under the settlement would be $500,000 to those diagnosed with terminal mesothelioma before age 45 and $260,000 for people diagnosed with cancer of the ovary prior to age 45.
The proposed settlement provides discounts based on the nature and severity of the cancer, the person’s age, history of usage of talc and other variables. Talcum powder lawsuit chicago. For instance the case of a woman who used talc products on a weekly basis, who had the 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 settlement plan.
Judge ordains J&J and talc opponents to participate in settlement talks.
Following another round of hearings in Johnson & Johnson’s effort to implement a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the strategy to engage in talks to reach a settlement, Bloomberg reports.
With its second bankruptcy bid for LTL Management–a subsidiary established by J&J to settle claims – the company proposed a settlement of $8.9 billion. Talcum powder lawsuit chicago. While one group of law firms representing plaintiffs support the offer, another group opposes the move.
In the last week, an opposition group, dubbed”The Official Committee of Talc Claimants requested the bankruptcy court to disqualify the petition argument that LTL is not considered to be financially distressed.
“The filing is an unjust and legally flawed 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. Talcum powder lawsuit chicago. “The law firms that are behind this filing have financial interests that conflict with, diverge from, and are in opposition to the interests which their clientele. We’ll be submitting an appeal an appeal to the appellate court.”
Talcum powder lawsuit chicago. Clay Thompson, a lawyer for MRHFM which includes more than mesothelioma clients who have filed lawsuits against J&J for bankruptcy, told J&J’s second bankruptcy attempt failed.
“J&J sends out press releases about how great the plan is but simultaneously insisting that the details of its plan–including the treatment individual sick people would actually receive — be kept private,” Thompson said in a statement. “What does the company have to hide?”
Kaplan has instructed both sides to come up with another reorganization plan, under the oversight and supervision of mediators.
As of February 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would release J&J from the tens of thousands of claims related to its talcum-based products.
In January of this year a federal appeals court ruled against the ruling, ruling that the company could not be considered in “financial difficulty.”
After J&J’s appeal to the U.S. Supreme Court was denied at the end of April J&J was granted a second petition for bankruptcy just two hours after. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether or not to approve an additional bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.
With two Chapter 11 attempts, J&J has bought 19 months during which cases were placed held. Talcum powder lawsuit chicago. The company is requesting that claimants vote on accepting their settlement. J&J will require 75% acceptance for the deal to go through.
In addition to the team of talc lawyers that criticized the company’s bankruptcy play, the U.S. Trustee, a branch belonging to the U.S. Department of Justice, also filed motions to dismiss LTL’s second bankruptcy case.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest but unfortunate debtors.” The doors “are not open to parties that lack a legitimate bankruptcy objective or seek to take advantage of the bankruptcy process to delay or hinder their creditors,” Vara continued.
For its part, J&J maintains there is no definitive evidence to suggest that its Talc-based products, such as its famous baby powder, cause cancer. J&J has taken its products off of the market–first to be available in North America in 2020–and the rest of the world later this year.
J&J seeks to avoid the costly business of going to court. It has prevailed in the majority of cases decided during trial, however, certain losses have been extremely punishing.
A well-known trial in Missouri ended in an $4.7 billion verdict against the drug company that was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine cases involving talc, which are being appealed or settled. Out of 41 trials 32 have ended in winning for J&J or a mistrial, or plaintiff verdict that was annulled on appeal. Talcum powder lawsuit chicago. The company also has announced plans to settle over 1000 cases for $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talcum Powder Lawsuit Chicago
Our lawyers handle baby powder lawsuits across all 50 states. The lawsuits involving talcum powder in the case of Johnson & Johnson have been in the process for several years. Talcum powder lawsuit chicago. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in many products, including Baby Powder or Shower to Shower which can cause ovarian cancer in some women.
This page provides an J&J Talc Power litigation update and discusses how the upcoming bankruptcy ruling will impact the final settlement amounts in the ovarian cancer lawsuits.
Is the deadline for you to bring a talcum lawsuit? Many who believe the statute of limitations has passed to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talcum Powder Lawsuit Chicago
June 2 2023 Update: In the trial for asbestos-containing talc which took place in California yesterday, some technical issues interrupted the opening statement by the defense attorneys. Talcum powder lawsuit chicago. Jurors who were watching at home via Zoom and hearing the Johnson and Johnson’s lawyer express doubt about the science of the 70s that claimed asbestos was present in their product, but the session abruptly ended.
Meanwhile, the plaintiff had the opportunity to introduce the first of their witnesses, Arthur Langer. Langer stated that the presence of additional minerals along with talc is inevitable. He also testified that his team was notified by J&J in the year 1971 of the presence of chrysotile asbestos within the talc manufactured by the company, though at just 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update: Talcum powder lawsuit chicago. First trial after J&J decided to spin off its talc division, and then declare bankrupt is an important moment for the ongoing lawsuit story. The trial began on Tuesday in the tragic case of a young 24-year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma last year, an illness that lawyers on both sides agree is a tragedy of a different kind.
Opening statements revealed the distinct differences between each side’s story. The attorney representing the plaintiff took aim against Johnson & Johnson, alleging the use of deceptive tactics in research practices and throughout the litigation procedure. The attorney claims that, according to, Johnson & Johnson tried to alter the definition of asbestos, in spite of internal documents dating from 1978 and 1994 showing that asbestos fibers in the plaintiff’s tissue are included.
Johnson & Johnson’s precarious $8.9 billion settlement offer hangs in the balance as we progression of this trial. Despite the unique nature of this mesothelioma case and the unique issues it faces compared to most talcum powder lawsuits ruling in favor of the plaintiff could inflict 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 bankrupt talc business vigorously defended the two-time Chapter 11 filing in the face of challenges from injured talc claimants. In an appeal to the New Jersey bankruptcy court, the subsidiary argued that the situation was fundamentally different from the first filing. It highlighted the extraordinary commitment to $8.9 billion in settlement from J&J, the biggest settlement ever to be made in any bankruptcy case that involves mass tort. Talcum powder lawsuit chicago. Not mentioned: how the size of the settlement indicates that it is an equitable settlement. J&J also claimed support from several plaintiffs’ legal firms representing over the 60,000 plaintiffs. It is difficult to confirm but it’s likely to be false.
May 24 2023 Update: Following Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial concerning the cosmetic talc products it claims to with asbestos content is scheduled to commence jury selection on Monday in California within the Alameda County Superior Court, which is a well-known location for plaintiffs. The plaintiff claims his mesothelioma is the result of asbestos exposure resulting from J&J’s products, an allegation the company is denying. The trial also includes six retailers who are accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are disputing who should be chosen to fill the post of the future claims representative, which is vitally essential in resolving the talc claims. Talcum powder lawsuit chicago. Randi Ellis, a lawyer who frequently appears in MDLs across the country was appointed the claims representative during the first bankruptcy. J&J’s defense team would like Ellis to be appointed to this position and again, but attorneys for the plaintiffs in talc are arguing on the grounds that Ellis has an unrelated conflict of interest which should stop her from holding that position in the future. The dispute stems from possibility that Ellis was believed to have been involved in the drafting of the highly disputable second bankruptcy, which raises doubts about her ability to be neutral. It’s true that the bankruptcy will be dismissed in the end.
May 17th, 2023 Update: The fake company J&J created for the talc litigation bankruptcy informed an 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. Talcum powder lawsuit chicago. This amounts to an $8.5 billion settlement for cancer sufferers. It is hard to imagine any scenario in which J&J could push these settlements for babies with these numbers. While J&J’s proposed $8.5 billion offer seems like a lot initially, it will not appear appealing after you calculate the figures. The settlement plan based on our rough calculations – would not be able to pay victims more than a median settlement of $100,000 per instance. It’s not enough.
May 15, 2023 Update J&J is potentially facing a suit from an advocacy group representing cancer patients. Talcum powder lawsuit chicago. The group claims that J&J deliberately retracted the $61.5 billion financing agreement together with its parent company, LTL Management LLC, to simulate financial stress and to validate the company’s Chapter 11 bankruptcy filing. The group argues that this act could be interpreted as a fraudulent transfer of the right to compensation for victims. They intend to investigate J&J’s actions following of the denial of 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 petition filed by J&J company LTL Management. However, in the meantime, LTL Management has filed an order which requires both sides to participate in a settlement mediation hoping that it will be possible to reach a global settlement agreement come to fruition.
May 5th 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer from asbestos exposure. Talcum powder lawsuit chicago. Over 2,700 people have sued the firm and the company was paying $1 million per month on legal defense. The company’s recent $29 million settlement that was handed down in South Carolina forced it to apply for bankruptcy protection and argue for an equitable distribution of assets between talc claimants rather than being seized by the receiver. Other suppliers of talc have declared bankruptcy because of the litigation.
May 4 2023, Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume talks on settlement with lawyers who rebuffed the proposed $8.9 billion deal. The court in Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps to take in the second bankruptcy case. Judge Kaplan has pushed for further settlement talks.
This is the way to settle these claims with J&J. The baby powder settlement is likely to get done. Talcum powder lawsuit chicago. However, it’ll require more money – more billions of dollars – from Johnson & Johnson.
Lawyers are divided over whether to accept the proposal and not every client sees this issue the same way their attorney does. The second bankruptcy case is likely to be a failure the judge Kaplan has set a date for a hearing in June to decide if he will remove the bankruptcy after the second.
May 3, 2023 Update A group of cancer patients who have sued Johnson & Johnson (J&J) demanded that J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation involving talc products. The committee representing talc claimants filed a motion on Tuesday requesting for the Third Circuit to consider their case and to send it back an earlier court, with instructions to discharge the bankruptcy. Talcum powder lawsuit chicago. The committee also requested that the stoppage of tort litigation against J&J continue to proceed.
LTL applied for Chapter 11 protection once again after its bankruptcy filing was denied by the Third Circuit earlier this year and offered an $8.9 billion deal. The committee says that the recent ruling which allowed LTL’s second Chapter 11 to continue, and also stopping trials against J&J, warrants an immediate Third Circuit review. The US Trustee has also requested be 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 statement to the appeals court declaring the filing a “desperate and legally flawed plan” by a few of law firms with conflicts of financial interests.
May 1st 2023 Update: A common question that people ask is how plaintiffs and their lawyers be able to turn off $8.9 billion. Of course, that is an enormous amount of money. But there are a lot of victims. Talcum powder lawsuit chicago. And these are really good cases for plaintiffs. We were reminded of this last week with two talc trials ended in large verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon was settled with a verdict that was $18.1 million. A month later, another mesothelioma talc case was brought to hearing in South Carolina and resulted in a verdict of $29million to the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. One of the leading manufacturers of talc in U.S.
April 30th 2023 Update: When J&J first attempted to drag the talcum powder litigation into bankruptcy, they came with an offer to put aside $2 billion for settlements. It was a ridiculously small amount. There was no one among the talc victims who believed in the offer. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs are willing to accept bankruptcy settlements and also has the backing of a significant part of the talc-related plaintiffs and their attorneys. Talcum powder lawsuit chicago. But with 75% of plaintiffs in the talc category, which is required for bankruptcy plan approval is not an easy task with so many lawyers with huge collections of baby powder-related lawsuits, opposed towards the agreement.
What is the solution to this impasse? More billions.
April 25 2023, Update Talc cancer claimants have demanded a judge reject the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, insisting that the company is not financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talcum powder lawsuit chicago. The 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company was not eligible for bankruptcy relief because it was unable to demonstrate financial stress.
The claimants contend that the third Chapter 11 case is an misuse of the bankruptcy system and the case is being handled in bad good faith. J&J says the bankruptcy settlement receives “significant backing” from the firms that represent approximately 60,000 plaintiffs. It is fair to say that lawyers representing plaintiffs and the victims are split over the $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits claiming that the company sold baby powder that was contaminated and causing cancer. While trials in the talc lawsuits have been suspended for a minimum of 60 days, new lawsuits can be filed and lawyers may begin to prepare their cases. Talcum powder lawsuit chicago. Judges expressed skepticism about J&J’s attempt to relaunch its strategy in the second bankruptcy case.
April 13th, 2023 Update: The major announcement is an $8.9 billion over the course of 25 year period settlement offered. Lawyers representing cancer victims who are part of the MDL class action have vowed to fight the settlement with those who claim talc. Why? They argue that it’s not enough to pay for more than 70,000 cancer victims. Talcum powder lawsuit chicago. These lawyers believe that J&J should negotiate a larger settlement or settle individuals’ claims if the current bankruptcy is thrown out.
However, there is a second group of lawyers outside of the leadership in that class action. They have amassed hundreds of thousands of cases. The group is seeking to settle today for what is believed to be less than these victims deserve. Their argument appears to be two-fold. First, they argue that the settlement – about an average of $100,000 per plaintiff is fair.
That is a hard argument to prove. But their second argument has more teeth: victims can now not wait and they want their money today.
April 12 2023 Update: Many are seeking out how J&J could file for bankruptcy again. The answer is complicated and convoluted. But let’s try to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only method to resolve both current and future talc litigations in a definitive manner. In other words, it thinks it will pay less in the event of an element of bankruptcy that puts pressure to settle. Talcum powder lawsuit chicago. Going back to 400 years of American past, the company argues that bankruptcy benefits everyone by dispersing settlement payments more equitably and effectively than trial courts in which some litigants receive substantial payouts, while others are left with nothing.
The gist in the 3rd Circuit decision was this is not a matter of one that makes a profit, but an affiliate to accept the legal risk and declare bankruptcy Congress considered when it was drafting the Bankruptcy Code. However, it also stated the company was in financial distress because J&J offered unlimited financing.
So J&J decided to go with the unlimited funding portion of the holding but did not pledge that it would provide unlimited funds for the litigation. The company claims that new financing agreements with its subsidiary will address concerns of the appeals court while providing funds for claims. As if offering victims less money would solve the underlying issue.
Attorneys representing cancer patients who do not agree with the agreement counter this by arguing that the plaintiff is the legal argument. Talcum powder lawsuit chicago. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole is not exempt by the victims’ lawyers, who call this the biggest “fraudulent transaction of assets in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe that this bankruptcy will last. But it is a way to push for this $8.9 billion settlement and keep pressure on plaintiffs.
April 10 2023, Update Bloomberg has an interesting report on a brand new law in New Jersey that is shedding new light on the funding of litigation in the suit for class actions. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) regarding talc products, in exchange for a portion of any profits. J&J is now offering the payment of $8.9 billion to settle lawsuits.
The involvement of funders is publicly available because of an New Jersey court rule requiring the release of certain details regarding outside funding backers. The rule aims to tackle the growing demands for regulation of litigation funders. J&J has more than 60,000 claims when you combine federal and state baby powder lawsuits. Third-party funding in mass tort claims has both pros and pros and. There is no doubt that we are witnessing how third-party financing can help level the playing field between people and large corporations in the courtroom.
April 4 2023 Update: It’s pleasing to see the worm turning in this legal battle. 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 as J&J appeals a bankruptcy ruling in the U.S. Supreme Court. This automatic stay froze thousands of talcum powder cases and stopped any the filing of new lawsuits ever since J&J started the controversial process to spin the talc debts off into a bankrupt company over one year in the past. Talcum powder lawsuit chicago. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal a few months ago, the stay was lifted. J&J wanted to see it continued pending its SCOTUS appeal. However, the answer was no.
April 1st, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The chance is that 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 Talcum Powder class action MDL in over one year. Seven new talc-related lawsuits were joined to the MDL in the last month, bringing the total number of cases that are pending to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee is now demanding that authorities from the U.S. Government Accountability Office (GAO) start an investigation into how much J&J product containing talc has cost the government in the decades.
Recently, in an open 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-based products for years while tax dollars were used to treat those who were injured through exposure to the product. The lawsuit comes just a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Talcum powder lawsuit chicago. J&J should begin to make reasonable settlements to victims, in order in putting this behind it. It’s a mark on one of the most prestigious firms.
February 14 , 2023 Update: At a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talcum powder lawsuit chicago. 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!