You May be Entitled to Significant Compensation Is talc bad for you. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed talc settlement would be worth the sum of $400 million US state AGs. Is Talc Bad For You .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of a broader $8.9 billion deal to settle allegations that it’s Baby Powder and other talc-based items cause cancer. Is talc bad for you.
J&J subsidiary 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 in the bankruptcy settlement. Is talc bad for you. J&J has stated that its products containing talc are safe and will not cause cancer. The company is trying for a second time to resolve more than 38,000 lawsuits in bankruptcy and prevent new cases from arising in the future.
LTL’s bankruptcy plan would pay $400 million to a separate trust for claims made with state attorneys general alleging that J&J was in violation of states’ unfair practices and consumer protection laws, by deceiving consumers regarding the safety of its talc products.
Some states had started consumer protection lawsuits against J&J before LTL’s first bankruptcy filing stopped those investigations from proceeding in 2021. Is talc bad for you. New Mexico and Mississippi had already launched suits with Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court documents.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL, joining cancer victims as well as the U.S. Justice Department’s bankruptcy watchdog, who have argued that a successful business like J&J is not eligible for bankruptcy protections intended for struggling debtors.
The company’s initial attempt to resolve the bankruptcy lawsuits was dismissed after similar arguments. In the end, a U.S. appeals court determined that LTL was not in “financial difficulty” and ineligible to receive bankruptcy relief. Is talc bad for you. LTL had filed for bankruptcy again within two hours of the dismissal, arguing its second attempt was different because it had less money available and more support for a settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of the state’s law enforcement authority in attempting to unilaterally limit the liability of the company in state consumer protection measures.
Is Talc Bad For You
The filings of LTL’s latest bankruptcy proceedings also include more information on how the company plans to evaluate and pay for cancer claims should the bankruptcy plan be approved.
The maximum amount under the settlement would be $500,000 for patients diagnosed with mesothelioma terminal prior to age 45. Is talc bad for you. The second payment would be $260,000 for people diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement provides discounts based on the kind and severity of cancer, an individual’s age, previous talc use and other factors. Is talc bad for you. For instance, a woman who used the talc product on a regular basis, had a family history of ovarian cancer and was diagnosed with Stage II cancer of the ovary when she was 55 may be eligible for a $21,125 payout under the program.
Judge orders J&J and talc oppositionists to engage in settlement talks.
After another round of hearings in Johnson & Johnson’s effort to employ a Texas Two Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the strategy to engage in settlement talks, Bloomberg reports.
In its second bankruptcy effort for LTL management, a subsidiary founded by J&J to handle the claims company offered a settlement amounting to $8.9 billion. Is talc bad for you. While one firm representing plaintiffs is in favor of the proposal, another group is against the settlement.
In the last week, an opposition group, called”the Official Committee of Talc Claimants and urging the bankruptcy court for dismissal of the matter saying that LTL is not considered to be in financial distress.
“The filing is an unjust and legally flawed attempt by a handful of law firms to stop claimants from voting on the resolution plan, a plan that the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Is talc bad for you. “The law firms that are behind these filings have interests in finance that do not align with, diverge from, and contravene those they represent. We will be submitting a response in the appeals court.”
Is talc bad for you. Clay Thompson, a lawyer for MRHFM, which is home to more than mesothelioma clients who have sued J&J claimed that J&J’s second bankruptcy effort failed.
“J&J issue press releases about how great its plans are, but is insisting that the details of its plan–including the treatment the individual sick individuals would be treated to,” Thompson said in an email. “What do they have to keep secret?”
Kaplan has commanded the parties to devise a second reorganization plan, under the supervision from two mediators.
On February 20, 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that will free the company from the hundreds of thousands of claims regarding its talcum products.
But in the month of January, an appeals court of the federal government overturned the decision, deciding that the firm could not be considered to be in “financial trouble.”
The J&J’s plan to contest the U.S. Supreme Court was turned down on April 1, J&J filed for its second bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to grant an additional bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B the talc litigation cost.
With the two Chapter 11 attempts, J&J has bought 19 months during which the cases were in limbo. Is talc bad for you. J&J wants the claimants to decide whether they want to accept the settlement. J&J would need 75% support for the settlement to be approved.
In addition to the gang of talc lawyers who panned the company’s bankruptcy play and the U.S. Trustee which is a division that is part of the U.S. Department of Justice is also submitting an application to dismiss LTL’s bankruptcy second case.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest, but naive debtors.” The doors “are not available to anyone that lack a legitimate bankruptcy goal or who seek to take advantage of the bankruptcy process to hinder or delay their creditors.” Vara continued.
For its part, J&J maintains there is no evidence conclusive that its Talc-based products, such as the famous baby powder, cause cancer. J&J has taken the products of the market, first on North America in 2020–and the rest of the world this year.
J&J intends to steer clear of the expense of going to court. It has prevailed in most of the cases decided in court, however certain losses have been extremely severe.
A highly publicized trial in Missouri resulted in an $4.7 billion verdict against the drug maker that was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine cases involving talc, which are on appeal or have been resolved. In 41 trials 32 have resulted in the favor of J&J as well as mistrials or verdict of a plaintiff reversed on appeal. Is talc bad for you. Separately, the company in 2020 negotiated to settle around 1,000 cases worth $100 million, Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Bad For You
Our lawyers handle baby powder cases in every state. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been in the process for several years. Is talc bad for you. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient found in products such as Baby Powder and Shower to Shower as well as other products, may cause ovarian cancer among some women.
This page gives a J&J Talc Power litigation update and discusses how the upcoming bankruptcy ruling will impact the final settlement amount of these Ovarian Cancer lawsuits.
Has the deadline passed for you to start a lawsuit against talcum powder? Many who assume the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Bad For You
June 2 2023 Update: In the asbestos talc trial that took place in California yesterday, some technical issues disrupted the opening statements made by defense attorneys. Is talc bad for you. The jurors, attending from home on Zoom but did not hear Johnson & Johnson’s lawyer voice his doubt about the 70s research affirming the presence of asbestos in their product prior to the trial was abruptly closed.
In the meantime, the plaintiff had the opportunity to introduce an initial witness Arthur Langer. Langer explained that the existence of other minerals in talc is expected. He claimed that his group informed J&J in 1971 about the presence of chrysotile asbestos within the company’s talc, albeit in just 0.1 percent. He also found more asbestos in the year 1976.
June 1, 2023 Update: Is talc bad for you. A trial for the first time since J&J has decided to separate its talc segment and file for bankruptcy is an important turning point of the ongoing lawsuit controversy. The trial began on Tuesday in the harrowing case of a young 24 year-old plaintiff, diagnosed with a rare and aggressive form of mesothelioma last year. a diagnosis lawyers on both sides of the argument agree is a grave tragedy.
Opening statements revealed the stark differences in each side’s narrative. The attorney representing the plaintiff took aim at Johnson & Johnson, alleging the use of deceitful methods in their research practices as well as throughout the litigation process. According to the attorney, the company tried to manipulate the definition of asbestos in spite of internal documents dating from between 1978 and 1994 that showed fibers discovered in the tissue of the plaintiffs are included.
Johnson & Johnson’s uncertain $8.9 billion settlement proposal hangs in the balance as we development of the trial. Despite the unique nature of the mesothelioma trial and its distinctive issues in comparison to the majority of talcum powder lawsuits, a verdict favoring the plaintiff could be the company with a major setback in its hopes for broad acceptance of their settlement proposal among plaintiffs.
May 31st 2023: Update from Johnson & Johnson’s bankrupt talc division is defending their 2nd Chapter 11 filing in the in the face of challenges from injured talc claimants. In a written objection to the New Jersey bankruptcy court, the company argued that the case differed fundamentally from the prior filing. It also emphasized the unprecedented commitment to $8.9 billion by J&J as the largest settlement ever made in the history of a mass tort bankruptcy. Is talc bad for you. Not mentioned: how the amount of the settlement indicates that it is a fair settlement. J&J also claimed support from numerous plaintiffs’ law firms that represent over the 60,000 plaintiffs. This is hard to verify but likely incorrect.
May 24 2023 Update: As of Johnson & Johnson’s 2021 bankruptcy filing, the first trial regarding the cosmetic talc products it claims to with asbestos content is scheduled to commence jury selection on Monday in California at Alameda County Superior Court, a historically good jurisdiction for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure resulting from J&J’s products, an allegation that the company has denied. 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 disputing who should be appointed to the role of the future claims representative, a role that is critically essential to the resolution of the claim for talc. Is talc bad for you. Randi Ellis, a lawyer who is frequently involved in MDLs across the country was appointed as the claims representative in the first bankruptcy. J&J’s defense team wants Ellis to be named to the position and again, but attorneys for the talc plaintiffs have raised objections to the claim that Ellis has an unrelated conflict of interest that would prevent her from holding that position for the second time. The issue stems from the fact that Ellis was apparently involved in the creation of the hotly contested second bankruptcy, which raises doubts about her ability to be neutral. It’s true that this bankruptcy could be dismissed in the end.
May 17th, 2023 Update: The fake company J&J formed for the talc bankruptcy told the New Jersey bankruptcy court that they had allocated $400 million as a settlement for claims brought by states accusing J&J of misleading marketing for its talc products. Is talc bad for you. It’s a $8.5 billion settlement for cancer patients. It’s difficult to imagine a scenario where J&J can get these baby powder settlements through at these numbers. Although J&J’s $8.5 billion offer might seem like a lot of money at first, it does not look very appealing when you do the math. The settlement plan based on our estimates – will not be able to pay victims more than a median settlement of $100,000 per instance. It’s not enough.
May 15th 2023, Update J&J is potentially facing a lawsuit by an advocacy group representing cancer victims. Is talc bad for you. The group contends that J&J intentionally withdrew a $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, to simulate financial stress and validate the unit’s Chapter 11 bankruptcy filing. The group argues that this act could be interpreted as a fraudulent transfer of rights of compensation for victims. They are planning to study J&J’s actions following of the denial of the LTL’s bankruptcy case in its first instance.
May 10, 2023 Update: Next week in it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy petition filed that was filed by J&J subsidiary LTL Management. However, in the meantime it has approved an Order that requires both parties to participate in a second settlement mediation with the hopes of achieving a global settlement deal can come to fruition.
May 5th 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer from asbestos exposure. Is talc bad for you. Over 2,700 people have sued the company and it is paying $1 million per month to defend itself. The company’s recent $29million settlement that was handed down in South Carolina forced it to pursue bankruptcy protection, and arguing for a fair distribution of assets between talc claimants rather than being taken by the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of the litigation.
May 4 2023 update: U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen talks on settlement with lawyers who turned down the company’s $8.9 billion settlement offer. In Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps to take in their second bankruptcy matter and Judge Kaplan pushed more settlement talks.
This is the answer to resolve these claims for J&J. A baby powder settlement can be made. Is talc bad for you. But it’ll need more money – billions of dollars by Johnson & Johnson.
Lawyers are split on whether to take the proposal or not and not every client views the situation the same way their lawyer does. This second case of bankruptcy is expected to fail as Judge Kaplan has set a date for a hearing in June to determine whether to remove the bankruptcy after the second.
May 3, 2023 Update A group of cancer victims who are suing Johnson & Johnson (J&J) demanded an order from the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation involving talc products. The group representing the claimants made a motion Tuesday, asking that the Third Circuit to consider their case and to send it back an earlier court, with instructions for dismissing the bankruptcy. Is talc bad for you. They also asked that the stopped tort litigation against J&J be allowed to proceed.
LTL has filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied by the Third Circuit earlier this year with an $8.9 billion settlement. The committee says that the recent decision allowing LTL’s 2nd Chapter 11 to continue, while also halting trials against J&J is a reason for urgent Third Circuit review. The US Trustee also requested that it be requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation Erik Haas, was quoted by Bloomberg saying that J&J plans to file a formal response in the appeals court, characterizing the filing as a “desperate and legally inadequate attempt” by a select group of law firms who have competing financial interests.
May 1, 2023 Update: One question people keep asking is how could the plaintiffs’ lawyers and their clients turn off $8.9 billion. Of course, that’s a lot of money. But there are plenty of victims. Is talc bad for you. They are a great cases for plaintiffs. We were reminded of this last week with two talc trials ended in large verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon ended in a verdict in the amount of $18.1 million. A month later, another mesothelioma-related talc case went to trial on the other side of South Carolina and resulted in the verdict of $29 million in favor of plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc., one of the top suppliers of talc within the U.S.
April 30th, 2023 Update: When J&J initially tried to take the talcum powder litigation into bankruptcy, it did so with an offer to reserve $2 billion to settle the case. The sum was ridiculously low. There was no one among the talc victims who supported it. However, this time, J&J has increased the offer to $8.9 If the talc plaintiffs agree to a bankruptcy settlement and they have the backing of a significant section of the talc victims and their lawyers. Is talc bad for you. But 75% of the plaintiffs who are a talc, which is required for bankruptcy plan approval is a difficult road with so many lawyers with vast collections of baby powder lawsuits opposed towards the agreement.
What are the solutions to the impasse? More billions.
April 25, 2023, Update Talc patients have sought a court order to disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, declaring that the company isn’t financially strained. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Is talc bad for you. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not eligible to receive bankruptcy relief because it was unable to demonstrate financial distress.
The claimants contend that the 2nd Chapter 11 case is an fraud on the bankruptcy system and it’s being pursued in bad faith. J&J states that the bankruptcy settlement is backed by “significant backing” from the firms that represent around 60,000 plaintiffs. It’s fair to say that lawyers representing plaintiffs and the victims are split over their disagreement over the $8.9 billion deal.
April 21st, 2023 Update A bankruptcy judge has ruled that Johnson & Johnson must face new lawsuits alleging that it sold baby powder that was contaminated and causing cancer. Although the trials for the lawsuits involving talc are delayed for at least 60 days but new lawsuits can be filed, and lawyers will begin preparing their cases. Is talc bad for you. The judge expressed his doubts about J&J’s pathetic attempt to revive its strategy by filing the second bankruptcy case.
April 13, 2023: Update on the biggest update is about the $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer victims within MDL class action MDL collective action vowed to fight the settlement with talc claimants. Why? They argue that it’s not enough to pay for 70 000 cancer patients. Is talc bad for you. These lawyers argue that J&J should negotiate a bigger settlement or even litigate individuals’ claims if the current bankruptcy is thrown out.
There is a different lawyer group that isn’t part of the leadership of the class action. These lawyers have collectively amassed hundreds of thousands of cases. The group is seeking to settle now with what they believe is less than these victims deserve. The argument they make is two-fold. They argue that the settlement, which is about 100,000 dollars per plaintiff is fair.
This is an argument that is difficult to present. However, their second argument has more force: victims should now not wait and they want the money immediately.
April 12 2023 Update: Many are asking how J&J could file for bankruptcy again. The answer is complicated and convoluted. But let’s try to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future talc litigations in a definitive manner. In other words, it believes it can pay less if there is an element of bankruptcy that puts pressure to settle. Is talc bad for you. Moving past more than 400 years in American history, the company asserts that bankruptcy benefits all parties because it distributes settlements more equally and effectively than trial courts which are where litigants get significant settlements while others get nothing.
The basic tenet in this 3rd Circuit decision was this is not a case – an enterprise that is profitable, forming a subsidiary to take the legal risk and declare bankruptcy Congress contemplated when drafting the Bankruptcy Code. However, it also stated that the subsidiary was not in financial trouble due to the fact that J&J offered unlimited financing.
So J&J did not hesitate to take advantage of the unlimited funding aspect of the contract but did not pledge to provide unlimited funding for litigation. The company says that its updated financing arrangements with its subsidiary will address appeals court’s concerns while still offering funds to pay claims. In the hope that offering victims less money will solve the overarching problem.
Attorneys representing cancer patients who oppose the deal counter this by arguing that the plaintiff is the legal argument. Is talc bad for you. They counter with legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole was not spared: victims’ lawyers call it the largest “fraudulent transaction that has occurred in United States history.”
Despite all the legal jargon, J&J does not really think this bankruptcy will survive. However, it’s a means of pushing this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10, 2023 Update: Bloomberg has an interesting article about a new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the baby powder Class action suit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) concerning talc products in exchange for a share of any wins. J&J has now offered an offer of $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 regarding outside funding backers. The law is designed to tackle the growing demands for the regulation of litigation funders. J&J is facing more than 60,000 claims when you combine state and federal Baby Powder lawsuits. Third-party funding for mass tort lawsuits is not without its pros and pros and. However, there is no doubt that we are witnessing how third-party funding could level the playing field between individual as well as large corporations in the courtroom.
April 4 2023 Update: It’s enjoyable to see the worm turn in this case. J&J took another hit this week when 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 to the U.S. Supreme Court. This automatic stay frozen thousands of talcum powder cases and prevented new lawsuits from being filed ever since J&J began the controversial plan to spin the talc debts off into a bankrupt subsidiary more than one year ago. Is talc bad for you. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was removed. J&J was hoping to have it continued pending an appeal to the SCOTUS appeal. But, no.
April 1st, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The chance is that the Supreme Court is willing even to accept 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 class action for talcum powder MDL in over one year. Seven new talc cases were brought into the MDL in the last month and brought the total number of cases that are pending to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee is now demanding that authorities from 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 addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the risks of its talc products for many years, while tax dollars were spent on treating people who suffered injuries from exposure to the products. The suit comes just a few days after J&J’s loss to the 3rd Circuit Court of Appeals.
Is talc bad for you. J&J should begin to make reasonable settlements to victims, in order the process of putting all this behind it. This is a blemish on one of the top businesses.
February 14 2023 Update: In a hearing today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc bad for you. 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!