You May be Entitled to Significant Compensation Are talc products safe. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed settlement for talc would make payments of $400 million to US state AGs. Are Talc Products Safe .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its larger $8.9 billion settlement of claims that its Baby Powder and other talc product causes cancer. Are talc products safe.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay for different types of cancer patients in bankruptcy settlement. Are talc products safe. J&J has declared that its talc products are safe and do not cause cancer. It is attempting for another time to settle more than 38,000 cases in bankruptcy and prevent new cases from coming forward in the future.
LTL’s bankruptcy plan would pay $400 million to an additional trust to settle claims made in state courts by attorneys general alleging that J&J had violated the state’s unfair commercial practices as well as consumer protection laws through misleading consumers regarding the dangers of its talc products.
Some states had started consumer protection actions against J&J prior to LTL’s bankruptcy filing stopped these investigations from proceeding in 2021. Are talc products safe. New Mexico and Mississippi had already brought suit in the past 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 documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy along with cancer sufferers as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making company such as J&J does not qualify for bankruptcy protections designed for the struggling debtors.
The company’s initial attempt to resolve the bankruptcy-related lawsuits was dismissed after similar arguments. A U.S. appeals court determined the LTL did not have “financial distress” and thus not eligible for bankruptcy protection. Are talc products safe. LTL filed a second bankruptcy less than two hours after the dismissal, saying that the second bankruptcy was different due to the fact that there was less money available and had a greater chance of securing the settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s new bankruptcy violates the state’s law enforcement authority by seeking to unilaterally limit LTL’s liability to state consumer protection actions.
Are Talc Products Safe
LTL’s new filings also included more information on how the company would assess and pay cancer claims should the bankruptcy plan be approved.
The largest amount of money under the settlement would be $500,000 for those diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for patients diagnosed with ovarian cancer that is terminal before age 45.
The proposed settlement offers discounts based on the kind and severity of the cancer, the person’s age, the history of talc use and other factors. Are talc products safe. For instance someone who regularly used the talc product on a regular basis, had the family history of ovarian cancer, and was diagnosed with an ovarian cancer stage II at age 55 may qualify to receive a payment of $21,125 under the settlement plan.
Judge ordains J&J, talc opponents to participate in settlement talks.
After another round of hearings in Johnson & Johnson’s effort to utilize a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the move to conduct negotiations to settle the matter, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL management, a subsidiary founded by J&J to hold the claims–the company offered a settlement amounting to $8.9 billion. Are talc products safe. While a firm representing plaintiffs supports the offer, another group opposes the move.
The previous week, the opposition group, called the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss this case by argument that LTL can not be considered in financial distress.
“The filing is a desperate and legally deficient attempt by a handful of law firms to block claimants from voting on the resolution plan–a plan the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Are talc products safe. “The law firms involved in these filings have interests in finance that are in conflict with, differ from and are in opposition to the interests they represent. We will be submitting a response to the appellate court.”
Are talc products safe. Clay Thompson, a lawyer for MRHFM which boasts more than mesothelioma victims who have sued J&J for bankruptcy, told J&J’s second bankruptcy attempt will fail.
“J&J publishes press release about how great its plan is while simultaneously demanding that plan details–including what each sick person will receive — be kept private,” Thompson said in an email. “What do they have to hide?”
Kaplan has commanded the parties to come up with another restructuring plan, with the oversight by two mediators.
The court in February of 2022 Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would relieve the company from the thousands of lawsuits over its talcum products.
However, in January of this year, a federal appeals court ruled against the verdict, ruling that the firm could not be considered to be in “financial financial distress.”
After J&J’s challenge the U.S. Supreme Court was dismissed on April 1, J&J filed for its second bankruptcy just two hours later. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to allow the second bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B talc litigation charge.
In the 2 Chapter 11 attempts, J&J has purchased 19 months of which cases were placed in limbo. Are talc products safe. The company would like claimants to accept their settlement. J&J requires 75% support in order for the agreement to be accepted.
Alongside the group of talc lawyers who criticised the bankruptcy of the company and the U.S. Trustee, a branch belonging to the U.S. Department of Justice, also filed an application to dismiss LTL’s bankruptcy second case.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest, but naive debtors.” These doors “are not open to any parties who do not have a legitimate bankruptcy objective or seek to take advantage of the bankruptcy process to delay or hinder their creditors,” Vara continued.
On the other hand, J&J maintains there is no conclusive evidence that its Talc-based products, such as the famous baby powder, cause cancer. J&J has adopted the products from the market and will first launch them on North America in 2020–and the remainder of the globe later this year.
J&J wants to avoid the costly business of going to trial. It has won the majority of cases decided in court, however some losses have been very severe.
A highly publicized trial in Missouri produced an $4.7 billion verdict against the drugmaker that was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine cases involving talc, which are on appeal or have been concluded. Out of 41 trials 32 have ended in a win by J&J either through a mistrial or plaintiff verdicts that were annulled after appeal. Are talc products safe. Separately, the company in 2020 negotiated to settle nearly 1000 cases for $110 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Are Talc Products Safe
Our lawyers handle the baby powder litigation in all 50 states. The talcum powder lawsuits for Johnson & Johnson have been going on for a long time. Are talc products safe. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in products such as Baby Powder as well as Shower to Shower and Shower to Shower, could cause cancer of the ovary in certain women.
This page gives the J&J talc power litigation update and discusses how the upcoming bankruptcy ruling affects the final settlement amounts in these ovarian cancer lawsuits.
Did the deadline expire for you to start a lawsuit against talcum powder? Many who assume the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Are Talc Products Safe
June 2 2023 Update: In the asbestos talc case at the trial in California yesterday, a couple of technical issues halted the opening statement by the defense lawyers. Are talc products safe. The jurors, attending from their homes via Zoom however, heard Johnson and Johnson’s lawyer express doubt about the science of the 70s affirming the presence of asbestos in their product prior to the opening was abruptly ended.
The plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer explained that the occurrence of additional minerals along with the talc mineral is a given. He testified that his team advised J&J in 1971 about the presence of asbestos chrysotile in the talc of the company, but with less than 0.1 percent. He also discovered more asbestos in 1976.
June 1, 2023 Update: Are talc products safe. The first trial since J&J has decided to separate its Talc section and declaring bankruptcy marks a pivotal moment in the ongoing talc litigation drama. Trial began yesterday in the poignant case of a young, 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma earlier this year. an illness that lawyers on both sides acknowledge is a tragic loss.
The opening statements exposed the stark differences in each side’s story. The attorney for the plaintiff took aim against Johnson & Johnson, alleging that the company employed deceitful strategies in its research practices as well as throughout the litigation process. The attorney claims that, according to Johnson & Johnson attempted to alter the definition of asbestos, in spite of internal documents from 1978 and 1994 showing that asbestos fibers in the plaintiff’s tissue are included.
Johnson & Johnson’s uncertain $8.9 billion settlement is hanging in the balance with the progress of this trial. Despite the unique nature of the mesothelioma trial and its unique challenges compared to other lawsuits involving talcum powder and a decision in favor of the plaintiff could cause the company with a major setback in its hopes of broad acceptance of their proposed settlement among plaintiffs.
May 31st, 2023 Update: Johnson and Johnson’s bankrupt talc unit strongly defended the 2nd Chapter 11 filing in the face of challenges from victims of talc injuries. In an opposition filed with the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing was vastly different from the earlier filing. It emphasized the unprecedented commitment to $8.9 billion by J&J as the biggest settlement ever to be made in an bankruptcy case involving mass torts. Are talc products safe. Not mentioned: how the magnitude of the settlement indicates that it is an equitable settlement. J&J also claimed that it received support from several plaintiffs’ legal companies representing over the 60,000 plaintiffs. This is hard to verify but likely incorrect.
May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the first trial involving its cosmetic talc products allegedly containing asbestos is set to commence jury selection on Monday, California within the Alameda County Superior Court, which is a well-known location for plaintiffs. The plaintiff claims his mesothelioma was triggered by asbestos exposure resulting from J&J’s products which that the company does not deny. The trial also involves six retailers accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers in the 2nd J&J talc bankruptcy are in a dispute over who should be chosen to fill the position of future claims representative, an important role essential to the resolution of the claims involving talc. Are talc products safe. Randi Ellis, a lawyer who regularly appears in MDLs throughout the country, was appointed as the claims representative in the previous bankruptcy. J&J’s defense team wants Ellis to be appointed to that role yet again, but the lawyers for the talc plaintiffs have raised objections to the claim that Ellis has conflicts of interest which would prohibit her from taking on that role in the future. The dispute stems from possibility that Ellis was believed to have been involved in drafting the hotly contesting second bankruptcy, which raises questions about her capability to remain neutral. It’s true that the bankruptcy will be dismissed regardless.
May 17th, 2023 Update: The pretend company J&J made up for the talc bankruptcy informed a New Jersey bankruptcy court that they had allocated $400 million to pay the allegations made by states who accuse J&J of misleading marketing for its talc products. Are talc products safe. This amounts to an $8.5 billion settlement for cancer victims. It’s hard to imagine the scenario in which J&J will be able to push the baby powder settlements given these numbers. While J&J’s $8.5 billion offer may seem like a huge sum initially, it may not look very appealing when you do the math. The proposed settlement based on our rough calculations would not pay victims much more than $100,000 per case. That is not enough.
May 15, 2023, Update J&J may be in the middle of a lawsuit from an advocacy group representing cancer victims. Are talc products safe. The group claims that J&J intentionally withdrew a $61.5 billion fund-raising agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of the victims’ compensation rights. They intend to investigate J&J’s actions following of the decision to dismiss the first bankruptcy case of LTL.
May 10 2023 Update: Next week in it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion reject the second bankruptcy filing of J&J company LTL Management. In the meantime, LTL Management has filed an order which requires both sides to take part in a second settlement mediation with the hopes of achieving a global settlement deal can been reached.
May 5, 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Are talc products safe. Over 2700 people have sued the firm and the company was spending $1 million a month on legal defense. The company’s recent $29 million verdict that was handed down in South Carolina forced it to pursue bankruptcy protection, and arguing for equitable distribution of assets between talc claimants rather than being confiscated by the receiver. Other talc suppliers have also declared bankruptcy because of lawsuits.
May 4, 2023 update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch talks on settlement with lawyers who rebuffed the proposed $8.9 billion deal. At Trenton, New Jersey yesterday, the parties gathered in court to discuss next steps in another bankruptcy proceeding. Judge Kaplan was pushing for more settlement discussions.
This is the way to settle these claims for J&J. A baby powder settlement can get done. Are talc products safe. But it’ll need additional money – perhaps billions of dollars of Johnson & Johnson.
Lawyers are split on whether or not to accept the plan and not all clients see 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 decide whether to remove the bankruptcy after the second.
May 3 2023 Update: A group representing cancer victims who are suing Johnson & Johnson (J&J) requested an order from the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation surrounding talc-based products. The group of talc claimants submitted a motion on Tuesday asking the Third Circuit to consider their case and send it back the lower court with instructions to dismiss the bankruptcy. Are talc products safe. They also asked that the stopped tort litigation against J&J allow the litigation to continue.
LTL filed for Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year, offering an $8.9 billion agreement. The committee believes that the recent decision allowing the second Chapter 11 to continue, and also stopping trials against J&J should be subject to the immediate Third Circuit review. The US Trustee also requested that be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation, Erik Haas, was quoted by Bloomberg as saying that J&J intends to file a formal response in the appeals court calling the request a “desperate and legally deficient move” by a few of law firms with conflicts of financial interests.
May 1 2023 Update: A common question that people ask is how could plaintiffs and their attorneys turn off $8.9 billion. Of course, it’s a lot of money. But there are a lot of victims. Are talc products safe. And these are really good case for plaintiffs. We were reminded of this last week by two talc-related trials that led to huge verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon resulted in a verdict in the amount of $18.1 million. In the same month, a different mesothelioma trial involving talc was held for trials on the other side of South Carolina and resulted in an award of $29 million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. which is one of the largest suppliers of talc within the U.S.
April 30th 2023 Update: When J&J initially attempted to pull the talcum powder lawsuit into bankruptcy, they came with an offer to reserve $2 billion to settle the case. It was a ridiculously small amount. There was no one among the talc victims who believed in the offer. This time, however, J&J has increased the offer to $8.9 if the talc plaintiffs are willing to accept bankruptcy settlements and they have the support of a substantial part of the talc-related plaintiffs as well as their lawyers. Are talc products safe. But 75% of the plaintiffs who are a talc, which is needed for approval of the bankruptcy plan is a difficult road with so many lawyers with large inventory of baby powder lawsuits opposed towards the agreement.
What is the solution to this impasse? More billions.
April 25 2023 Update Talc plaintiffs have asked a judge to dismiss the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Are talc products safe. It was the 3rd Circuit dismissed its first Chapter 11 case in January, saying the company was not eligible for bankruptcy relief as it did not show financial stress.
The claimants contend that LTL’s third Chapter 11 case is an misuse of the bankruptcy system and it is being pursued in bad good faith. J&J says the bankruptcy settlement has “significant backing” from the firms that represent approximately 60,000 claimants. It’s safe to say plaintiffs’ lawyers and victims ‘ lawyers are not united over this $8.9 billion settlement offer.
April 21st, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that it sold baby powder that was contaminated and causing cancer. While trials in talc lawsuits are paused for at least 60 calendar days however, new lawsuits may be filed and lawyers will begin preparing their cases. Are talc products safe. The judge expressed his doubts about J&J’s absurd attempt to revive its strategy with a second bankruptcy trial.
April 13th 2023 Update: The big update is about the $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer patients within the MDL Class Action have pledged to fight the settlement with Talc claimants. Why? They think it is not enough to pay for more than 70,000 cancer victims. Are talc products safe. These lawyers believe that J&J could negotiate a greater settlement or settle individual claims in the event that the latest bankruptcy is thrown out.
There is a different group of lawyers that is not part of the leadership in the class action. The lawyers collectively have accumulated tens of thousands of cases. The group is seeking to settle the case now for what is believed to be far less than what these victims deserve. Their argument seems to be two-fold. The first is that they claim the settlement, which is about 100 million dollars on average per plaintiff is fair.
That is a hard argument to make. However, their second argument has more substance: the victims will be no longer patient and demand the money immediately.
April 12 2023 Update: Many are looking for ways J&J could file for bankruptcy again. The answer is complex and complex. Let’s try to clarify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only way to address 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. Are talc products safe. Driving past 400 years of American time, the business claims that bankruptcy benefits all parties as it distributes settlement payments more equitably and effectively than trial courts, where litigants are awarded significant award while others do not.
The gist in this 3rd Circuit decision was this is not a matter of a profitable company making a subsidiary to take the legal responsibility and declare bankruptcy Congress thought of when drafting its Bankruptcy Code. But it also said it was not financially difficulty due to the fact that J&J assured it of unlimited funding.
So J&J took advantage of the unlimited funding portion of the holding but did not pledge to offer unlimited funding for lawsuits. The company claims that modified financing arrangements with its subsidiary addresses the concerns of the appellate court, while offering funds to pay claims. In the hope that offering victims lower amounts of money would resolve the overarching problem.
Lawyers representing cancer victims who oppose the agreement counter this with what you conclude is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s previous ruling. Hyperbole did not go unnoticed attorneys representing the victims claim it the largest “fraudulent deal in United States history.”
Despite the legal jargon, J&J does not really think this bankruptcy will survive. But it’s a way of trying to push this $8.9 billion settlement, and to keep the pressure on plaintiffs.
April 10, 2023, Update Bloomberg is running an intriguing article about a new law that has been passed in New Jersey that is shedding new light on litigation funding in the plaintiffs in the class action. 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 share of any profits. J&J has now offered to pay $8.9 billion in settlements for all lawsuits.
The involvement of the funders is public knowledge because of an New Jersey court rule requiring the release of certain details about funders outside the state. The rule aims to tackle the growing demands for regulation of litigation funders. J&J has more than 60,000 claims when you combine state and federal child powder-related lawsuits. Third-party funding in mass tort claims has pros and cons. There is no doubt that we are seeing how third-party financing can help level the playing field for individuals as well as large corporations in court.
April 4, 2023 Update: It’s interesting to watch the worm turning in this case. 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 while J&J appeals a bankruptcy ruling in the U.S. Supreme Court. Automatic stays have froze thousands of talcum powder cases and stopped new lawsuits from getting filed ever since J&J initiated the controversial effort to spin the talc liability into a bankrupt subsidiary more than a year in the past. Are talc products safe. After the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was lifted. J&J had hoped to have it continued pending 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 likelihood that of the Supreme Court is willing even to hear the appeal? Low.
March 16 2023 Update: with the bankruptcy stay now fully lifted, the first new cases were filed and incorporated into the talcum powder class action MDL in just over a year. Seven new talc-related lawsuits were added to the MDL over 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 the U.S. Government Accountability Office (GAO) initiate an investigation into the cost J&J talc products have cost the government over the decades.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of not recognizing the risks of its talc product for long while tax dollars spent treating those injured by exposure to the products. The suit comes just a few days following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Are talc products safe. J&J should begin to make fair settlement offers to victims to begin in putting this behind it. It’s a mark on one of the world’s greatest firms.
February 14 2023 Update: At the hearing held today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Are talc products safe. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!