You May be Entitled to Significant Compensation Class action Johnson. 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. Class Action Johnson .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of a wider $8.9 billion plan to settle allegations that its Baby Powder and other talc ingredients cause cancer. Class action Johnson.
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 as part of a bankruptcy settlement. Class action Johnson. J&J has declared that its products containing talc are safe and will not cause cancer. It is attempting for another time to settle more than 38,000 lawsuits filed in bankruptcy, and to prevent any new cases from being filed in the future.
The bankruptcy plan of LTL would pay $400 million to an additional trust to settle lawsuits filed by state attorneys general claiming that J&J did not comply with state unfair business practices and consumer protection laws by misinforming consumers regarding the safety of its talc products.
Some states had started consumer protection lawsuits against J&J prior to the first bankruptcy filing stopped these investigations from taking place in 2021. Class action Johnson. New Mexico and Mississippi had already launched suits for damages against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court filings.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL, joining cancer victims and The U.S. Justice Department’s bankruptcy watchdog. They have claimed that a lucrative business like J&J cannot benefit from bankruptcy protections designed for those struggling with debt.
LTL’s first attempt at resolving the bankruptcy cases was dismissed following similar arguments. A U.S. appeals court ruled in favor of LTL was not in “financial distress” and ineligible of bankruptcy protection. Class action Johnson. LTL declared bankruptcy a second time within two hours of that dismissal, arguing that the second bankruptcy was different in 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 state law enforcement powers in attempting to unilaterally limit LTL’s liability to state consumer protection laws.
Class Action Johnson
LTL’s filings for the new year also contained more details on how the company would assess and settle cancer claims in the event that the bankruptcy plan is approved.
The most significant payments under the settlement would be $500,000 for people diagnosed with mesothelioma that is terminal before age 45 and $260,000 for those diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement applies discounts depending on the kind and severity of cancer, the patient’s age, history of talc use and other factors. Class action Johnson. For instance someone who regularly used the talc product on a regular basis, had the family history of ovarian cancer and was diagnosed the stage 2 ovarian cancer by age 55 may be eligible for a $21,125 payout under the program.
Judge ordains J&J and talc opponents to discuss settlement negotiations.
Following another hearing in Johnson and Johnson’s efforts to implement a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the strategy to engage in negotiations to settle the matter, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary created by J&J to hold the claims–the company offered a settlement amounting to $8.9 billion. Class action Johnson. While a firm representing plaintiffs agree with the offer, another group opposes the deal.
This week, the opposition group, which is known as the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss this case arguing that LTL can not be considered to be in financial trouble.
“The filing is a desperate and legally ineffective attempt by a few of law firms to prevent claimants from voting on the resolution plan–a plan that the overwhelming majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Class action Johnson. “The law firms involved in the filing are pursuing financial interests which are in conflict with, contradict and oppose the interests which their clientele. We’ll soon submit an appeal an appeal to the appellate court.”
Class action Johnson. Clay Thompson, a lawyer for MRHFM who has more than 80 patients with mesothelioma who have filed lawsuits against J&J, said that J&J’s second bankruptcy effort will fail.
“J&J publishes press release describing how fantastic its plans are, but is insisting that the plan’s details, including what individual sick people would actually be treated to,” Thompson said in the statement. “What is J&J’s plan to cover up?”
Kaplan has commanded the parties to develop a new strategy for reorganization, under supervision from two mediators.
On February 20, 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that will free J&J from the thousands of lawsuits regarding its talcum products.
In January of this year an appeals court of the federal government overturned the ruling, ruling that the company could not be considered to be in “financial distress.”
In the event that J&J’s request to contest the U.S. Supreme Court was denied on April 1, J&J filed for its second bankruptcy about two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to grant to file for bankruptcy again.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
Through 2 Chapter 11 attempts, J&J has bought 19 months during which the cases were in limbo. Class action Johnson. The company wants claimants to vote on accepting their settlement. J&J needs 75% approval for the deal to pass.
In addition to the team of talc lawyers that criticized the company’s bankruptcy and the U.S. Trustee which is a division from the U.S. Department of Justice, also filed an appeal to dismiss LTL’s second bankruptcy.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest but unfortunate debtors.” Those doors “are not open to any parties who do not have a legitimate bankruptcy reason or want to use bankruptcy to hinder or delay their creditors.” Vara continued.
In its own words, J&J maintains there is no definitive evidence to suggest that its Talc-based products, such as 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 later this year.
J&J wants to avoid the costly business of going to trial. It has prevailed in most of the cases that have been decided at trial, but some losses have been very harsh.
A highly-publicized trial in Missouri produced a $4.7 billion verdict against the drugmaker but 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 trial cases in talc which are being appealed or decided. Out of 41 trials, 32 ended with an outcome for J&J or a mistrial, or verdict for a plaintiff that was reversed upon appeal. Class action Johnson. In addition, J&J in 2020 moved to settle nearly 1,000 cases worth $100 million, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Class Action Johnson
Our lawyers handle baby powder lawsuits across all 50 states. The talcum powder lawsuits against Johnson & Johnson have been ongoing for years. Class action Johnson. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient found in products such as Shower to Shower Powder along with Shower to Shower as well as other products, may cause ovarian cancer in some women.
This page gives an J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling will impact the final settlement amounts in the ovarian cancer lawsuits.
Have you reached the deadline by which you to bring a talcum 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 request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Class Action Johnson
June 2 2023 Update: At an asbestos talc court trial held that took place in California yesterday, a few technical issues disrupted the opening statements made by defense lawyers. Class action Johnson. The jurors, attending from home via Zoom however, heard Johnson & Johnson’s lawyer expressing doubt about the 70s research affirming the presence of asbestos in their product before the session abruptly ended.
Meanwhile, the plaintiff had the opportunity to present an initial witness Arthur Langer. Langer explained that the occurrence of additional minerals along with the talc mineral is a given. He testified that his team had notified J&J in the year 1971 about the presence of chrysotile asbestos the talc manufactured by the company, though at lesser than 0.1 percent. He also uncovered more asbestos in the year 1976.
June 1st, 2023 Update: Class action Johnson. First trial after J&J made the decision to split its Talc division and declare bankruptcy marks an important turning point of the ongoing litigation controversy. Trial started on Monday in the poignant case of a young 24-year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma in the past year, which lawyers on both sides believe is a tragedy of a different kind.
Opening statements revealed stark differences in each side’s story. The attorney representing the plaintiff took aim at Johnson & Johnson, alleging that the company employed deceitful strategies in its research practices as well as throughout the litigation procedure. As per the lawyer, Johnson & Johnson tried to alter asbestos’ definition, in spite of internal documents dating from between 1978 and 1994 that showed asbestos fibers found in tissue of the plaintiffs are included.
Johnson &J’s highly uncertain $8.9 billion settlement is hanging in the balance as we course of this trial. Despite the distinct nature of this mesothelioma case and its unique challenges compared to other talcum powder lawsuits and a decision in favor of the plaintiff could cause the company with a major setback in its expectations of widespread acceptance of the settlement they have proposed among plaintiffs.
May 31st, 2023 Update: Johnson & Johnson’s bankrupt talc business is defending their second Chapter 11 filing in the face of challenges from victims of talc injuries. In an objection submitted to the New Jersey bankruptcy court, the company argued that the case was distinct from the prior filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion to J&J as the largest ever settlement in a mass tort bankruptcy case. Class action Johnson. Not mentioned: how the size of the settlement means it is an equitable settlement. J&J also claimed support from a variety of plaintiffs’ law companies representing over 60,000 claimants. This is hard 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 the cosmetic talc products it claims to comprised of asbestos is set to begin jury selection on Monday in California in Alameda County Superior Court, the most favored jurisdiction for plaintiffs. The plaintiff asserts that his mesothelioma is the result of asbestos exposure through J&J’s products, an allegation the company denies. 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 disputing who should be chosen to fill the role of a the future claims representative, the role is crucially important to resolving the Talc claims. Class action Johnson. Randi Ellis, a lawyer who regularly appears in MDLs across the country, was appointed as the claims representative during the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed in that position and again, but attorneys for the plaintiffs in talc are arguing because Ellis has a conflict of interest that should prevent her from assuming that position for the second time. This conflict is rooted in the fact that Ellis was reportedly involved in the drafting of the highly litigated second bankruptcy, raising doubts about her capacity to be neutral. It’s true that the bankruptcy will be dismissed in the end.
May 17, 2023 Update: The pretend company that J&J made up to handle the bankruptcy of talc informed the New Jersey bankruptcy court that they had allocated $400 million to settle the claims made by states accusing the company of deceptive advertising for its talc products. Class action Johnson. It’s a $8.5 billion settlement for cancer victims. It is hard to imagine any scenario in which J&J can get these baby powder settlements through given these numbers. Although J&J’s $8.5 billion offer sounds like a huge sum initially, it will not appear appealing when you do the math. The proposed settlement based on our rough calculations, would not provide victims with much more than $100,000 per instance. It’s not enough.
May 15 2023 Update J&J may be in the middle of a lawsuit by an advocacy group that represents cancer patients. Class action Johnson. The group contends that J&J intentionally canceled the $61.5 billion contract for funding with its subsidiary, LTL Management LLC, in order to create a false sense of financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims this decision is equivalent to a fraudulent transfer of the victims’ compensation rights. They are planning to study J&J’s actions following of the denial of LTL’s first bankruptcy case.
May 10 2023 Update: The following week next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to reject the second bankruptcy filing by J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime LTL Management has filed an order requiring both sides to participate in a second settlement mediation hoping that a global settlement deal can reached.
May 5th, 2023 Update: The talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer from asbestos exposure. Class action Johnson. Over 2700 people have sued the firm and it has been spending $1 million a month for legal defense. The company’s latest $29 million verdict on the state of South Carolina forced it to seek bankruptcy protection, arguing for equitable distribution of assets between talc claimants rather than being confiscated by the receiver. Other talc suppliers have also filed for bankruptcy due to lawsuits.
May 4, 2023 Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to reopen talks with lawyers who have rejected the company’s proposed $8.9 billion settlement offer. It was in Trenton, New Jersey yesterday the parties gathered in court to discuss the next steps for this second case of bankruptcy. Judge Kaplan pushed more settlement talks.
This is the answer to settle these claims with J&J. A baby powder settlement can be made. Class action Johnson. However, it will require additional money – perhaps billions of dollars from Johnson & Johnson.
Lawyers are split on whether to accept the proposal and not every client views the issue in the same manner their attorney does. The second bankruptcy case is bound to fail with Judge Kaplan has scheduled a hearing in June to decide if he will dismiss the bankruptcy for the second time.
May 3 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) demanded for they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation regarding talc-related products. The group of talc claimants filed a motion on Tuesday asking that the Third Circuit to consider their case and send it back the lower court with instructions for dismissing the bankruptcy. Class action Johnson. They also asked that halted tort litigation against J&J be allowed to continue.
LTL applied for Chapter 11 protection once again after its bankruptcy filing was denied by the Third Circuit earlier this year, offering the possibility of an $8.9 billion payment. The committee says that the recent ruling, which allows LTL’s second Chapter 11 to continue, while also halting trials against J&J and J&J, requires an immediate Third Circuit review. The US Trustee has also requested it be requested that 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 plans to file a formal response in the appeals court calling the request a “desperate and legally flawed effort” by a small number of law firms who have conflicts of financial interests.
May 1, 2023 Update: One question people keep asking is how could plaintiffs and their attorneys turn on $8.9 billion. Of course, it’s quite a sum. There are a lot of victims. Class action Johnson. And these are really good claims for plaintiffs. We were reminded of this last week in two talc trials which ended in large verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon resulted in the verdict worth $18.1 million. The following month, a second talc mesothelioma case went to hearing in South Carolina and resulted in a verdict of $29 million to the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. which is one of the top producers of talc in the 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 was met with the option of putting aside $2 billion to settle the case. This was an absurdly low amount. All of the talc plaintiffs were in favor of 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 support of a substantial segment of the talc plaintiffs and their attorneys. Class action Johnson. However, 75% of plaintiffs of talc are required to approve bankruptcy plans, it a tough road since there are so many lawyers with vast collections of baby powder litigations opposed in favor of the deal.
What can be done to end the impasse? More billions.
April 25 2023, Update Talc cancer claimants have sought a court order to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Class action Johnson. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January and said that the company was not eligible for bankruptcy relief since it was unable to demonstrate financial difficulties.
The claimants assert that the second Chapter 11 case is an misuse of the bankruptcy system, and that it’s being conducted in bad faith. J&J asserts that the bankruptcy settlement receives “significant support” from the firms that represent around 60,000 claimants. It is fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are divided on this $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge ruled in favor of Johnson & Johnson must face new lawsuits alleging that it offered a baby powder with a contaminant that caused cancer. Although trials for talc lawsuits are paused for a minimum of 60 days, new lawsuits can be filed and lawyers can begin preparing their cases. Class action Johnson. The judge expressed skepticism over J&J’s ridiculous effort to revive its strategy by filing the second bankruptcy case.
April 13 2023 Update: The most important story is that there’s an $8.9 billion over 25 year period settlement offered. Lawyers representing cancer victims who are part of the MDL group action pledged to fight the settlement with those who claim talc. Why? They believe it’s not enough to pay for those suffering from cancer who are 70,000. Class action Johnson. The lawyers say that J&J should seek a bigger settlement or pursue individuals’ claims if the current bankruptcy is dismissed.
But there is another set of lawyers who are not part of the leadership of group action. They have amassed the equivalent of tens of thousands of lawsuits. They want to settle today for what is believed to be lower than what the victims should be paid. The argument they make is twofold. First, they argue the settlement of around 100 million dollars on average per plaintiff is fair.
That is a hard argument to present. But their second argument has more teeth: victims can not afford to wait any longer and need to get their money right now.
April 12 2023 Update: Some people are seeking out how J&J is able to file for bankruptcy again. The answer is complex and convoluted. However, let’s attempt to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only means to settle both present and future talc-related lawsuits definitively. That is, it thinks it can get a lower rate in the event of the bankruptcy element which applies pressure to settle. Class action Johnson. Moving past the 400-year span of American history, the company believes that bankruptcy is beneficial to all parties by distributing settlements more equally and more efficiently than trial courts where litigants are awarded significant settlements while others get nothing.
The essence of this 3rd Circuit decision was this is not a case of the profit-making company that has an entity to assume the legal risk and declare bankruptcy Congress thought of when drafting its Bankruptcy Code. It also clarified it was not in financial difficulty because J&J promises unlimited funding.
Thus, J&J did not hesitate to take advantage of the unlimited funding part of the contract and didn’t promise that it would provide unlimited funds for lawsuits. The company claims that its modified financing arrangements with its subsidiary will address appeals court’s concerns, while offering funds to pay claims. As if offering victims lower amounts of money would resolve the underlying issue.
Lawyers representing cancer patients who do not agree with the agreement counter this argument by saying that it is the legal argument. Class action Johnson. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole did not go unnoticed the lawyers representing victims call it the most significant “fraudulent transaction that has occurred in United States history.”
In spite of the legal jargon, J&J does not really think this bankruptcy will survive. It is however a method to push for this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10 2023 update: Bloomberg offers an informative article on a new law that has been passed in New Jersey that is shedding new light on litigation funding in the baby powder plaintiffs in the class action. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a percentage of any profits. J&J is now willing that it will pay $8.9 billion in settlements for all lawsuits.
The involvement of the funders is publicly available due to the New Jersey court rule requiring the release of certain details about funders outside the state. This rule is intended to tackle the growing demands for regulation of litigation funders. J&J is facing more than 60,000 claims when you include state and federal baby powder lawsuits. Third-party funding for mass tort lawsuits has pros and pros and. There is no doubt that we are seeing how third-party funding can level the playing field between people and large corporations in court.
April 4 2023 Update: It’s pleasing to see the worm turning in this lawsuit. J&J suffered another setback this week when they were denied by the Third Circuit denied J&J’s request to keep the automatic stay in place as J&J appeals a bankruptcy decision in the U.S. Supreme Court. This automatic stay frozen hundreds of cases involving talcum powder and prevented the filing of new lawsuits ever since J&J initiated the controversial effort to spin talc-related liabilities off into a bankrupt subsidiary over a year ago. Class action Johnson. When it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient a few months ago, the stay was removed. J&J was hoping to have it continued pending an appeal to the SCOTUS appeal. 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. There is a chance that for the Supreme Court is willing even to take up the appeal? Low.
March 16 2023 Update: With the bankruptcy stay now in effect, the first new cases were filed and incorporated into the class action for talcum powder MDL in over one year. Seven new talc lawsuits have been joined to the MDL over the last month and brought the total number of pending cases up to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee has now demanded that be the U.S. Government Accountability Office (GAO) launch an investigation into the cost J&J product containing talc has cost the government over the years.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc products over decades while tax dollars were used to treat those who were injured through exposure to the chemicals. This lawsuit comes a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Class action Johnson. J&J should begin to make reasonable settlement proposals to victims to begin to put all of this behind. This is a disgrace to one of the greatest businesses.
February 14 , 2023 Update: At the hearing held today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Class action Johnson. 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!