You May be Entitled to Significant Compensation Asbestos/class action. 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. Asbestos/Class Action .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of its wider $8.9 billion deal to settle allegations that its Baby Powder and other talc-based product causes cancer. Asbestos/class action.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm plans to pay different kinds of cancer victims as part of a bankruptcy settlement. Asbestos/class action. J&J has said that its Talc products are safe and won’t cause cancer. It is attempting for a second time to resolve more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from coming forward in the future.
LTL’s bankruptcy plans would deposit $400 million to a separate trust for claims made in state courts by attorneys general claiming that J&J had violated the state’s unfair commercial practices and consumer protection laws by misinforming consumers regarding the quality of its talc products.
Several states had begun consumer protection actions against J&J prior to LTL’s bankruptcy filing stopped these investigations from proceeding in 2021. Asbestos/class action. New Mexico and Mississippi had already initiated lawsuits in the past against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas in LTL’s court documents.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL, joining cancer victims and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog, who have claimed that a lucrative company such as J&J cannot benefit from bankruptcy protections designed for people with debt problems.
The first attempt by LTL to resolve the bankruptcy-related lawsuits was dismissed following similar arguments. In the end, a U.S. appeals court ruled it was not LTL did not have “financial difficulty” and was not eligible to receive bankruptcy relief. Asbestos/class action. LTL filed a second bankruptcy less than two hours after the dismissal, arguing the second bankruptcy was different because it had less money available and more support for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of state law enforcement authorities in attempting to unilaterally limit the company’s liability for state consumer protection laws.
Asbestos/Class Action
LTL’s filings for the new year also contained additional details about how the company would evaluate and settle cancer claims if the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 for those diagnosed with terminal mesothelioma before age 45. Asbestos/class action. The second payment would be $260,000 for patients diagnosed with ovarian cancer that is terminal before age 45.
The proposed settlement will offer discounts based on the severity and type of cancer, the individual’s age, the history of usage of talc and other variables. Asbestos/class action. For example, a woman who used talc products weekly, had the family history of ovarian cancer and was diagnosed the stage 2 ovarian cancer at the age of 55 may qualify for a $21,125 payment according to the plan.
Judge ordains J&J and talc oppositionists to take part in settlement talks.
Following another round of hearings in Johnson and Johnson’s efforts to implement a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the strategy to engage in negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL Management–a subsidiary established by J&J to handle the claims company offered a settlement amounting to $8.9 billion. Asbestos/class action. While one group of law firms representing plaintiffs agree with the proposal, another group is opposed to the offer.
Earlier this week, the opposition group, known as”The Official Committee of Talc Claimants and urging the bankruptcy court to dismiss this case asserting that LTL is not considered to be in financial hardship.
“The filing is a desperate and legally deficient attempt by a few of law firms to prevent claimants from voting on the resolution plan – a plan that the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Asbestos/class action. “The law firms involved in this filing have financial interests that clash with, differ from and contravene those which their clientele. We will be submitting an appeal in the appeals court.”
Asbestos/class action. Clay Thompson, a lawyer for MRHFM, which includes more than mesothelioma clients who have filed lawsuits against J&J, said that J&J’s second bankruptcy attempt is likely to fail.
“J&J issue press releases about how great its plan is while simultaneously insisting that the plan’s details, including what individuals with illnesses would receive–be kept secret,” Thompson said in the statement. “What do J&J have to keep secret?”
Kaplan has instructed the sides to create a reorganization plan, under the supervision by two mediators.
On February 20, 2022 Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that would free J&J from the hundreds of thousands of claims regarding its talcum products.
In January of this year, an appeals court of the federal government overturned the verdict, ruling that the firm could not be considered to be in “financial financial distress.”
When J&J’s attempt to contest the U.S. Supreme Court was rejected the same month, J&J filed for its second bankruptcy two hours after. In response to that move, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to allow to file for bankruptcy again.
J&J’s unstoppable profit engine sputters after $6.9B the talc litigation cost.
In the two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put in limbo. Asbestos/class action. J&J wants the claimants to take a vote to accept their settlement. J&J requires 75% acceptance for the settlement to be approved.
In addition to the group of talc lawyers who criticised the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee is an arm from the U.S. Department of Justice, also filed motions to dismiss the second bankruptcy case of LTL.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest, but naive debtors.” These doors “are not open to parties that do not have a legitimate reason or want to use the bankruptcy process to hinder or delay their creditors,” Vara continued.
To its credit, J&J maintains there is no evidence conclusive that its products containing talc, such as its popular baby powder can 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 this year.
J&J seeks to avoid the expense of going to trial. It has prevailed in the majority of the cases that have been resolved during trial, however, some losses have been very punishing.
A highly-publicized trial in Missouri resulted in an $4.7 billion verdict against the drug maker and was later lowered to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial cases in talc which are being appealed or concluded. Of the 41 trials, 32 have ended in an outcome for J&J as well as mistrials or verdict of a plaintiff dismissed upon appeal. Asbestos/class action. In addition, J&J in 2020 negotiated to settle over 1000 cases for 100 million dollars, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Asbestos/Class Action
Our lawyers are handling baby powder lawsuits in all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been going on for a long time. Asbestos/class action. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient found in products such as baby Powder and Shower to Shower, can cause ovarian cancer in certain women.
This page gives an J&J Talc Power Update and examines how the coming bankruptcy ruling impacts the ultimate settlement amounts of these ovarian cancer lawsuits.
Did the deadline expire for you to start a lawsuit against talcum powder? Many people who think the statute of limitations has passed to file a lawsuit against Johnson & Johnson are wrong. Call us at 800-553-882 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Asbestos/Class Action
June 2, 2023 Update: During the asbestos talc case that took place in California yesterday, a couple of technical issues disrupted the opening statement by the defense attorneys. Asbestos/class action. Jurors who were watching at home via Zoom but did not hear Johnson & Johnson’s lawyer expressing doubt about the 70s research affirming the presence of asbestos in their product prior to the session abruptly ended.
Meanwhile, the plaintiff was able to present its first expert witness Arthur Langer. Langer said that the presence of other minerals with the talc mineral is a given. He claimed that his group advised J&J in the year 1971 about the presence of chrysotile asbestos within the talc produced by the company, although with just 0.1 percent. He also found more asbestos in the year 1976.
June 1, 2023 Update: Asbestos/class action. A trial for the first time since J&J took the decision to disband its Talc division and declare bankruptcy is a pivotal moment within the ongoing lawsuit controversy. Trial started on Monday in the poignant case of a young, 24-year-old plaintiff, diagnosed with an aggressive and rare form of mesothelioma last year, an illness that lawyers on both sides acknowledge is a harrowing tragedy.
Opening statements laid bare huge differences between the sides’ story. The attorney representing the plaintiff took aim against Johnson & Johnson, alleging the use of misleading methods in their research practices as well as throughout the litigation process. According to the attorney the company attempted to manipulate the definition of asbestos despite internal documents from 1998 and 1994 that show asbestos fibers in the plaintiff’s tissue are included.
Johnson & Johnson’s uncertain $8.9 billion settlement offer hangs in the balance with the progression of this trial. Despite the distinct nature of this mesothelioma case and its unique challenges compared to other lawsuits involving talcum powder A verdict in favor of the plaintiff could result in an unintended setback to Johnson & J’s hope of gaining broad acceptance for their proposed settlement among plaintiffs.
May 31st, 2023 Update: Johnson and Johnson’s bankrupted talc unit has was able to defend its second Chapter 11 filing in the opposition of injured talc claimants. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing was distinct from the first filing. It emphasized the unprecedented commitment to $8.9 billion in settlement from J&J which is the largest settlement ever in the history of a mass tort bankruptcy. Asbestos/class action. The issue is not discussed: whether this amount indicates that it is a fair settlement. J&J also claimed that it received support from several plaintiffs’ legal firms representing more than the 60,000 plaintiffs. This is difficult to verify however it is likely to be incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial concerning its cosmetic talc items allegedly that contain asbestos is scheduled to begin jury selection on Monday, May 24, California at Alameda County Superior Court, the most favored court for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure in J&J’s product and that the company is denying. The trial also involves six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J Talc bankruptcy are currently fighting over who should be chosen to fill the role of a future claims representative. This is which is vitally essential to the resolution of the Talc claims. Asbestos/class action. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country was appointed as the claims representative in the initial bankruptcy. J&J’s defense group wants Ellis to be appointed to that role in the future, however lawyers representing the talc plaintiffs have raised objections due to the fact that Ellis has conflicts of interest which would prohibit her from being appointed to that post for the second time. This conflict is rooted in the fact that Ellis was involved in drafting the controversially litigated second bankruptcy, which raises concerns regarding her capacity to remain neutral. It’s true that this bankruptcy is likely to get dismissed anyway.
May 17th, 2023 Update: The pretend company that J&J made up for the talc bankruptcy told an New Jersey bankruptcy court that they have allocated $400 million to settle the claims of states that accuse J&J of misleading marketing for its talc-based products. Asbestos/class action. So that makes it an $8.5 billion settlement for cancer victims. It’s hard to imagine the scenario in which J&J will be able to push these baby powder settlements through given these numbers. Although J&J’s $8.5 billion offer might seem like a lot at first, it does not look very appealing 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. That’s not enough.
May 15th 2023 Update: J&J could be facing lawsuit brought by an advocacy group that represents cancer patients. Asbestos/class action. The group contends that J&J intentionally canceled an $61.5 billion fund-raising agreement with its subsidiary, LTL Management LLC, to simulate financial stress and validate the unit’s Chapter 11 bankruptcy filing. The group claims this decision is a fraud transfer of rights of victims’ compensation. They will investigate J&J’s actions as a result of the decision to dismiss the first bankruptcy case of LTL.
May 10 2023 Update: During the next week this week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to reject the second bankruptcy filing by J&J company LTL Management. In the meantime, it has approved an order calling for both parties to take part in a settlement mediation in the hope that a global settlement deal can reached.
May 5th, 2023 Update: The talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer due to asbestos exposure. Asbestos/class action. Over 2,700 individuals have sued the firm and it is paying $1 million per month for legal defense. The company’s recent $29million verdict in South Carolina forced it to seek bankruptcy protection, arguing that assets should be distributed in an equitable manner among talc claimants instead of being taken over through the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of lawsuits.
May 4, 2023 update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to resume talks with lawyers who rebuffed Johnson & Johnson’s $8.9 billion deal. In Trenton, New Jersey yesterday, the parties appeared before a judge to discuss the next steps to take in another bankruptcy proceeding and Judge Kaplan pushed more settlement talks.
This is the way to resolve these claims for J&J. The baby powder settlement is likely to be completed. Asbestos/class action. However, it will require more money, more billions of dollars coming from Johnson & Johnson.
Lawyers are divided on whether or not to agree with the proposal and not every client sees this issue the same way their lawyer sees it. A second bankruptcy proceeding is likely to fail with Judge Kaplan has set a date for a hearing in June to determine whether to discharge the bankruptcy for the 2nd time.
May 3, 2023 Update: A group of cancer patients who have sued Johnson & Johnson (J&J) asked an order from the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation involving talc products. The group representing claimants for talc filed a motion on Tuesday requesting the Third Circuit to consider their case and send it back an earlier court with instructions to dismiss the bankruptcy. Asbestos/class action. They also requested that the halted tort litigation against J&J should be permitted to proceed.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied by the Third Circuit earlier this year which offered the possibility of an $8.9 billion deal. The committee believes that the recent ruling allowing LTL’s third Chapter 11 to continue, as well as halting the trials against J&J, warrants immediate Third Circuit review. The US Trustee also requested that 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 as saying that J&J intends to file a formal response in the appeals court, saying that the filing is a “desperate and legally flawed plan” by a small number of law firms who have conflicting financial interests.
May 1 2023 Update: A most frequently asked question is how could the plaintiffs’ lawyers and their clients turn off $8.9 billion. That’s of course quite a sum. However, there are lots of victims. Asbestos/class action. They are a great case for plaintiffs. We were reminded of this last week when two talc cases resulted in big verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon was settled with the verdict of $18.1 million. In the same month, a different mesothelioma trial involving talc was held for trial within South Carolina and resulted in the verdict of $29 million for the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. One of the top manufacturers of talc in U.S.
April 30th 2023 Update: J&J first tried to bring the talcum powder lawsuit into bankruptcy, it came with the option of putting aside $2 billion for settlements. The amount was absurdly low. All of the talc plaintiffs agreed with the offer. This time, J&J has increased the offer to $8.9 in the event that the talc victims agree to a bankruptcy settlement and also has the support of a large portion of the talc plaintiffs and their lawyers. Asbestos/class action. However, 75% of plaintiffs in the talc category, which is needed for approval of the bankruptcy plan is not an easy task due to the sheer number of lawyers with large inventories of baby powder litigations opposed to the settlement.
What is the solution to this impasse? More billions.
April 25 2023, Update Talc Cancer victims have demanded a judge reject their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, which claims that the business is not financially strained. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Asbestos/class action. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January, saying the company was not eligible for bankruptcy relief as it had not demonstrated financial difficulties.
The claimants assert that LTL’s Second Chapter 11 case is an overreach of the bankruptcy system and it’s being pursued in bad good faith. J&J says the bankruptcy settlement has “significant support” from firms representing about 60,000 potential claimants. It’s safe to say that lawyers representing plaintiffs and the victims are split over the $8.9 billion offer for settlement.
April 21st, 2023 Update: A bankruptcy judge ruled the company Johnson & Johnson must face new lawsuits claiming that the company sold tainted baby powder causing cancer. Although trials for Talc lawsuits are suspended for a minimum period of 60 days and new lawsuits are able to be filed and lawyers may begin to prepare their cases. Asbestos/class action. The judge expressed skepticism over J&J’s attempt to revive its strategy by filing the second bankruptcy case.
April 13, 2023 Update: The major update is about the $8.9 billion over the next 25 years of settlement. Lawyers representing cancer victims who are part of the MDL class action have pledged to fight the settlement with talc claimants. Why? They believe it’s not enough money for more than 70,000 cancer victims. Asbestos/class action. These lawyers argue that J&J should negotiate a larger settlement or settle individual claims if the most recent bankruptcy is dismissed.
But there is another group of lawyers outside of the top leadership in this class action. These lawyers have collectively amassed many thousands of cases. The group is seeking to settle now for what many argue is lower than what the victims should be paid. Their argument seems to be two-fold. The first is that they claim the settlement of around an average of $100,000 per plaintiff – is fair.
It’s a difficult argument to present. The second argument is more substance: the victims will be no longer patient and demand their money now.
April 12 2023 Update: Some people are seeking out how J&J can go through bankruptcy once more. The answer is complicated and convoluted. Let’s try to clarify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to settle both present and future talc-related lawsuits definitively. That is, it believes it can pay less in the event of the bankruptcy element which applies pressure to negotiate a settlement. Asbestos/class action. Driving past more than 400 years in American past, the company believes that bankruptcy is beneficial to all parties as it distributes settlements more fairly and efficiently than trial courts, in which some litigants receive substantial payouts, while others are left with nothing.
The basic tenet in the 3rd Circuit decision was this is not a case of an enterprise that is profitable, forming an affiliate to accept the legal burden and declare bankruptcy Congress considered when it was drafting the Bankruptcy Code. But it also said it was not financially difficulty because J&J promised unlimited funding.
Then J&J decided to go with the unlimited funding portion of the deal but did not pledge to offer unlimited funding for the litigation. The company claims that updated financing arrangements with its subsidiary address concerns of the appellate court, while offering funds to pay claims. In the hope that offering victims lesser money could solve the overarching problem.
Attorneys representing cancer victims who oppose the agreement counter this argument by saying that it is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s decision. Hyperbole did not go unnoticed the lawyers representing victims call it the most significant “fraudulent transfer in United States history.”
Despite all the legal jargon, J&J does not really believe this bankruptcy will be able to last. However, it’s a means to try and push the $8.9 billion settlement through and maintain the pressure on plaintiffs.
April 10, 2023 update: Bloomberg provides an insightful article about a new law of New Jersey that is shedding new light on litigation funding in the class action lawsuit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) regarding talc products, in exchange for a percentage of any settlements. J&J is now willing an offer of $8.9 billion to settle all lawsuits.
The funders’ involvement is public information because of an 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 regulation of the litigation funders. J&J faces over 60,000 claims when you include state and federal Baby Powder lawsuits. Third-party financing in mass tort cases has its pros and pros and. But there is no question that we are seeing how third-party funding can level the playing field for individuals as well as large corporations in the courtroom.
April 4, 2023 Update: It is pleasing to see the worm turn 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 keep the automatic stay in place during the time that J&J appeals a bankruptcy decision at the U.S. Supreme Court. Automatic stays have froze hundreds of cases involving talcum powder and stopped any new lawsuits from being filed ever since J&J launched the controversial attempt to spin talc-related liabilities into a bankrupt subsidiary over a year ago. Asbestos/class action. When the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was lifted. J&J was hoping to have it remain in effect until hearing the SCOTUS appeal. However, the answer was no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The odds that of the Supreme Court is willing even to hear the appeal? Low.
March 16 2023 Update: With the bankruptcy stay being in effect, the first new cases have been filed and transferred into the class action involving talcum powder MDL within a year. Seven new talc cases were added to the MDL in the last month increasing the number of pending cases up to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now demanding that be the U.S. Government Accountability Office (GAO) start an investigation into the cost J&J products containing talc have cost the government over the decades.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the dangers of its talc product for years while tax dollars were spent on treating people who suffered injuries from exposure to the products. This lawsuit comes a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Asbestos/class action. J&J needs to start making fair settlement offers to victims, in order to put all of this behind. It is a stain on one of the greatest firms.
February 14 2023 Update: At a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Asbestos/class action. 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!