You May be Entitled to Significant Compensation Is liquid talc safe for babies. 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 with talc would pay $400 million to US state AGs. Is Liquid Talc Safe For Babies .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving 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 products cause cancer. Is liquid talc safe for babies.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company plans to pay different kinds of cancer victims as part of bankruptcy settlement. Is liquid talc safe for babies. J&J has declared that its talc products are safe and won’t cause cancer. It’s trying for the second time to end more than 38,000 lawsuits filed in bankruptcy and stop new cases from arising in the future.
The bankruptcy plan of LTL would pay $400 million to an additional trust to settle claims brought in state courts by attorneys general alleging that J&J did not comply with state unfair business practices and consumer protection laws by misinforming consumers regarding the security of its talc-based products.
Some states had started consumer protection lawsuits against J&J prior to the time that LTL’s bankruptcy filing stopped these investigations from progressing in 2021. Is liquid talc safe for babies. New Mexico and Mississippi had already initiated lawsuits against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas according to court filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy in a joint move with cancer victims as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog, who have argued that a profitable firm like J&J does not qualify for bankruptcy protections designed for people with debt problems.
The company’s initial attempt to resolve the bankruptcy-related lawsuits was thrown out after similar arguments. The U.S. appeals court decided the LTL had not been in “financial trouble” and was not eligible of bankruptcy protection. Is liquid talc safe for babies. LTL filed a second bankruptcy within two hours of the dismissal, saying that the second bankruptcy was different in that it had less money and had more support for an agreement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s latest bankruptcy violation of state law enforcement authorities in attempting to unilaterally limit the liability of the company in state consumer protection laws.
Is Liquid Talc Safe For Babies
LTL’s new filings also included additional details about how the company would assess and pay cancer claims should the bankruptcy plan be approved.
The maximum amount under the settlement would be $500,000 for those diagnosed with terminal mesothelioma before the age of 45, and $260,000 for those who have been 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 patient’s age, the history of using talc and other factors. Is liquid talc safe for babies. For example someone who regularly used talc products weekly, had a family history of ovarian cancer, and was diagnosed with the stage 2 ovarian cancer at age 55 may qualify to receive a payout of $21,125 under the settlement plan.
Judge gives order to J&J, talc opponents to take part in settlement talks.
After another round of hearings in Johnson and Johnson’s efforts to use 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 plan to enter into negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL management, a subsidiary founded by J&J to settle claims – the company made a settlement offer of $8.9 billion. Is liquid talc safe for babies. While one firm representing plaintiffs supports the offer, another group is against the settlement.
The previous week, the opposition group, dubbed”The Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss the case arguing that LTL cannot be regarded as in financial hardship.
“The filing is an unjust and legally flawed attempt by a few of law firms to block claimants from voting on the resolution plan–a plan the vast and growing majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Is liquid talc safe for babies. “The law firms who filed the filing are pursuing financial interests which clash with, diverge from, and oppose the interests that their customers. We’ll soon submit an answer to the appellate court.”
Is liquid talc safe for babies. Clay Thompson, a lawyer for MRHFM which includes more than mesothelioma patients who have sued J&J for bankruptcy, told the company’s second bankruptcy try will fail.
“J&J issue press releases that boast about how amazing its plan is while simultaneously requesting that details of the plan, such as what each sick person will receive,” Thompson said in an email. “What is J&J’s plan to cover up?”
Kaplan has instructed both sides to come up with another arrangement plan under supervision from two mediators.
The court in February of 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would free the company from the hundreds of thousands of claims related to its talcum-based products.
However, in the month of January, a federal appeals court ruled against the decision, deciding that the firm could not be considered in “financial distress.”
After J&J’s appeal to 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 calendar days to decide whether or not to accept to file for bankruptcy again.
J&J’s omnipotent profit engine fails after $6.9B settlement charge for talc.
With the two Chapter 11 attempts, J&J has purchased 19 months of which cases were placed held. Is liquid talc safe for babies. The company would like claimants to take a vote to accept their settlement. J&J will require 75% approval in order for the agreement to be accepted.
Alongside the group of talc lawyers that criticized the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee is an arm from the U.S. Department of Justice has also filed an appeal to dismiss LTL’s second bankruptcy case.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest but unfortunate debtors.” Those doors “are not open to parties that do not have a legitimate purpose or that seek to use bankruptcy to delay or hinder their creditors,” Vara continued.
On the other hand, J&J maintains there is no conclusive evidence that its talc products, including its popular baby powder can cause cancer. J&J has been taking the products of the market, first on North America in 2020–and the rest of the world later this year.
J&J is determined to stay clear of the costly business of going to court. J&J has won the majority of the cases that were decided at trial, but certain losses have been harsh.
A highly publicized trial in Missouri produced a $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
In all, J&J has lost nine trial involving talc that are being appealed or concluded. In 41 trials 32 have resulted in an outcome for J&J either through a mistrial or plaintiff verdict that was dismissed on appeal. Is liquid talc safe for babies. In addition, J&J has announced plans to settle nearly 1000 cases for $100 million, Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Liquid Talc Safe For Babies
Our lawyers are handling the baby powder litigation in every state. The talcum powder lawsuits for Johnson & Johnson have been ongoing for years. Is liquid talc safe for babies. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in products such as the Baby Powder as well as Shower to Shower and Shower to Shower, could 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 affect the final settlement amounts of these cases of ovarian cancer.
Is the deadline for you to start a lawsuit against talcum powder? Many who believe the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Call us at 800-553-882 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Liquid Talc Safe For Babies
June 2 2023 Update: In the trial for asbestos-containing talc that took place in California yesterday, technical issues interrupted the opening statements made by defense lawyers. Is liquid talc safe for babies. Jurors who were watching at home via Zoom however, heard Johnson & Johnson’s lawyer expressing doubt about the 70s research that claimed asbestos was present in their product prior to the proceedings abruptly ended.
The plaintiff was able to introduce its first expert witness Arthur Langer. Langer said that the presence of other minerals with talc is expected. He said that his team informed J&J in 1971 about the presence of chrysotile asbestos within the talc produced by the company, although in lower than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update Is liquid talc safe for babies. This is the first court trial that has taken place since J&J has decided to separate its talc segment and file for bankruptcy marks an important point for the ongoing lawsuit story. Trial began yesterday in the poignant case of a young, 24-year-old plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma earlier this year. an illness that lawyers on both sides believe is a grave tragedy.
Opening statements revealed stark differences in each side’s story. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging the use of deceptive methods in their research practices as well as throughout the litigation procedure. As per the lawyer, Johnson & Johnson tried to alter the definition of asbestos, in spite of internal documents from 1998 and 1994 that show asbestos fibers in the tissues of the plaintiff are part of.
Johnson &J’s tangled $8.9 billion settlement proposal hangs in the balance with the progression of this trial. Despite the distinctive nature of the mesothelioma trial and its distinct issues compared to most talcum powder lawsuits ruling in favor of the plaintiff could inflict a serious setback to J&J’s hope of gaining broad acceptance for their settlement proposal among plaintiffs.
May 31 2023 Update: Johnson and Johnson’s bankrupt talc unit strongly defended the 2nd Chapter 11 filing in the facing challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, it argued that the situation was distinct from the previous filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion by J&J, the biggest settlement ever to be made in a mass tort bankruptcy case. Is liquid talc safe for babies. Not mentioned: how this amount means it is an equitable settlement. J&J also claimed that it received support from various plaintiffs’ law firms representing more than the 60,000 plaintiffs. This is difficult to verify but it’s likely to be false.
May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the very first trial concerning its cosmetic talc products allegedly that contain asbestos is scheduled to start jury selection on Monday, May 24, California at Alameda County Superior Court, an historically reliable court for plaintiffs. The plaintiff claims his mesothelioma was triggered by asbestos exposure in J&J’s product which J&J has denied. The trial also involves six retailers who are accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now fighting over who should be appointed to the post of the future claims representative, a role that is critically important to resolving the claim for talc. Is liquid talc safe for babies. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the United States was appointed the claims representative during the first bankruptcy. J&J’s defense team would like Ellis to be named to the position again, but lawyers for the talc plaintiffs are protesting to the claim that Ellis has an unrelated conflict of interest which should stop her from being appointed to that post in the future. The conflict stems from the fact that Ellis was reportedly involved in the drafting of the highly contested second bankruptcy, which raises doubts about her capacity to be neutral. It’s true that this bankruptcy is likely to get dismissed anyway.
May 17, 2023 Update The pretend company that J&J made up for the talc bankruptcy has informed an New Jersey bankruptcy court that they have designated $400 million to settle claims made by states accusing the company of misleading advertising for its talc product. Is liquid talc safe for babies. This amounts to an $8.5 billion settlement for cancer victims. It’s difficult to envision a scenario where J&J will be able to push these settlements for babies given these numbers. Although J&J’s $8.5 billion offer seems like a lot initially, it will not look very appealing when you look at the numbers. This settlement offer based on our estimates – will not pay victims much more than a median settlement of $100,000 per instance. That is not enough.
May 15, 2023 Update J&J might be facing lawsuit by an advocacy group representing cancer victims. Is liquid talc safe for babies. The group contends that J&J intentionally canceled the $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, in order to create a false sense of financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action could be interpreted as a fraudulent transfer of rights of compensation for victims. They intend to investigate J&J’s actions in the wake of the dismissal of the first bankruptcy case of LTL.
May 10 2023 Update: Next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy application from J&J company LTL Management. However, in the meantime, it has approved an Order that requires both parties to participate in a settlement mediation in the hope that the global settlement can be come to fruition.
May 5, 2023 Update: The talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Is liquid talc safe for babies. Over 2,700 people have sued the company and it has been spending $1 million a month on legal defense. The company’s recent $29 million settlement on the state of South Carolina forced it to file for bankruptcy protection, arguing for a fair distribution of assets to talc claimants, rather than being seized from the receiver. Other talc suppliers have also filed for bankruptcy due to lawsuits.
May 4, 2023, Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume settlement discussions with lawyers who have rejected the company’s proposed $8.9 billion deal. At Trenton, New Jersey yesterday the parties gathered in court to discuss the next steps in their second bankruptcy matter and Judge Kaplan has pushed for further settlement talks.
This is the way to resolve these claims for J&J. A settlement for baby powder can be achieved. Is liquid talc safe for babies. But it’ll need additional money – perhaps billions of dollars – from Johnson & Johnson.
Lawyers have a split opinion on whether or not to agree with the proposal and not all clients see the issue in the same manner their lawyer sees it. Second bankruptcy cases are bound to be a failure with Judge Kaplan has set a date for a hearing in June to decide if he will discharge the bankruptcy for the 2nd time.
May 3, 2023 Update: A group representing cancer victims who are suing Johnson & Johnson (J&J) demanded that J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation regarding talc-related products. The group of talc claimants submitted a motion on Tuesday asking to the Third Circuit to consider their case and to send it back to a lower court, with instructions for dismissing the bankruptcy. Is liquid talc safe for babies. They also asked that the lawsuit against the halted torts of J&J continue to proceed.
LTL has filed for Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year and offered the possibility of an $8.9 billion settlement. The committee argues that the recent ruling, which allows LTL’s second Chapter 11 to continue, in addition to halting trials against J&J should be subject to the immediate Third Circuit review. The US Trustee also asked that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation, Erik Haas, was quoted by Bloomberg saying that J&J plans to file a reply in the appeals court, saying that the filing is an “desperate and legally deficient effort” by a small number of law firms that have conflicting financial interests.
May 1st, 2023 Update: One common question that people ask is how plaintiffs and their attorneys turn around $8.9 billion. Of course, that’s an enormous amount of money. There are a lot of victims. Is liquid talc safe for babies. These are actually a good arguments for plaintiffs. We were reminded recently when two talc cases have resulted in huge verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon led to the verdict of $18.1 million. In the same month, a different mesothelioma talc case was brought to trials in South Carolina and resulted in an award of $29 million in favor of plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. One of the leading suppliers of talc within the U.S.
April 30th 2023 Update: J&J initially attempted to pull the talcum powder lawsuit into bankruptcy, they came with the option of putting aside $2 billion for settlements. The amount was absurdly low. There was no one among the talc victims who were in favor of the offer. This time, however, J&J has increased the offer to $8.9 if the talc plaintiffs will allow a bankruptcy settlement and they also have the support of a large section of the talc victims and their attorneys. Is liquid talc safe for babies. But 75% of the plaintiffs who are a talc, which is required for bankruptcy plan approval It’s a long and difficult process with so many lawyers with vast stocks of baby powder-related lawsuits, opposed in favor of the deal.
What is the solution to this impasse? More billions.
April 25 2023 Update: Talc patients have demanded a judge reject the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up 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 products caused cancer. Is liquid talc safe for babies. The 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not a candidate for bankruptcy relief as it was unable to demonstrate financial stress.
The claimants assert that LTL’s 2nd Chapter 11 case is an fraud on the bankruptcy system and that the case is being handled in bad good faith. J&J states that the bankruptcy settlement receives “significant support” from the firms that represent approximately 60,000 people who are claiming. It is fair to say that lawyers representing plaintiffs and victims ‘ lawyers are not united over what they believe is an $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that the firm offered a baby powder with a contaminant that caused cancer. While trials in the talc lawsuits have been suspended for at least 60 days and new lawsuits are able to be filed and lawyers may begin to prepare their cases. Is liquid talc safe for babies. Judges expressed skepticism about J&J’s pathetic attempt to revive its strategy by filing another bankruptcy case.
April 13, 2023: Update on the most important announcement is an $8.9 billion over 25 years of settlement. Lawyers representing cancer patients within MDL class action MDL group action pledged to fight the settlement along with Talc claimants. Why? They argue that it’s too little money for the 70 000 cancer patients. Is liquid talc safe for babies. They argue that J&J should negotiate a larger settlement or pursue individual claims if the most recent bankruptcy is dismissed.
But there’s a separate group of lawyers outside of the leadership in that class action. The lawyers collectively have accumulated many thousands of cases. They want to settle now with what they believe is far less than what these victims deserve. Their argument is twofold. First, they argue that the settlement of around an average of $100,000 per plaintiff – is fair.
This is an argument that is difficult to present. However, their second argument has more teeth: victims can be no longer patient and demand to get their money right now.
April 12 2023 Update: Some people are wondering if J&J could file for bankruptcy again. The answer is complicated and convoluted. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to address both present and future talc-related lawsuits definitively. It thinks it will pay less in the event of a bankruptcy component that applies pressure to negotiate a settlement. Is liquid talc safe for babies. Moving past 400 years of American history, the company believes that bankruptcy is beneficial to everyone by dispersing settlement payments more equitably and efficiently than trial courts, where litigants are awarded significant award while others do not.
The main thrust in this 3rd Circuit decision was this is not a matter of a profitable company making an entity to assume the legal burden and declare bankruptcy Congress contemplated when drafting the Bankruptcy Code. It also clarified the company was in financial distress because J&J offered unlimited financing.
So J&J jumped on the unlimited funding aspect of the contract and did not promise to provide unlimited funding for the litigation. The company says that its new financing agreements with its subsidiary addresses the appeals court’s concerns, while offering funds to pay claims. It’s as if giving victims lower amounts of money would resolve the problem at hand.
Attorneys representing cancer patients who are against the agreement argue this argument by saying that it is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier decision. The hyperbole wasn’t spared by the victims’ lawyers, who call it the biggest “fraudulent transfer ever in United States history.”
In spite of the legal jargon, J&J does not really believe that this bankruptcy will last. But it is a way of trying to push this $8.9 billion settlement to keep pressure on plaintiffs.
April 10 2023 update: Bloomberg offers an informative report on a brand new law that has been passed in New Jersey that is shedding new light on litigation funding in the class action lawsuit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) concerning talc products in exchange for a percentage of any settlements. J&J is now offering to pay $8.9 billion to settle any lawsuits.
The involvement of funders is public information due to an New Jersey court rule requiring the disclosure of certain information about funders outside the state. This rule is intended to address the growing calls for regulation of the litigation funders. J&J has to deal with more than 60,000 lawsuits when you take into account federal and state child powder-related lawsuits. Third-party funding of mass tort cases has pros and cons. However, there is no doubt that we are seeing how third-party funding can level the playing field between people as well as large corporations in court.
April 4 2023 Update: It is pleasing to see the worm turning in this legal battle. J&J took another hit this week when the Third Circuit denied J&J’s request to continue the automatic stay while J&J appeals an order granting bankruptcy to the U.S. Supreme Court. This automatic stay froze thousands of talcum cases and prevented the filing of new lawsuits ever since J&J launched the controversial attempt to spin talc-related liabilities into a bankrupt company over a year back. Is liquid talc safe for babies. After the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was revoked. J&J had hoped to have it continued pending an appeal to 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. 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 officially lifted, the very first new cases have been filed and transferred into the talcum powder class action MDL in just over a year. Seven new talc lawsuits were included in the MDL during the month of March which brings 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 The U.S. Government Accountability Office (GAO) initiate an investigation to determine how much J&J talc products have cost the government in the many years.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of not recognizing the risks of its talc-based products for years while tax dollars were spent on treating people who suffered injuries from exposure to the product. This lawsuit comes a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is liquid talc safe for babies. J&J should begin to make reasonable settlement proposals to victims, in order the process of putting all this behind. This is a disgrace to one of the world’s greatest companies.
February 14 2023 Update: In 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 Is liquid talc safe for babies. 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!