You May be Entitled to Significant Compensation Is talc dangerous. 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 provide 400 million dollars to US state AGs. Is Talc Dangerous .
Johnson & Johnson (JNJ.N) has put aside $400 million to resolve U.S. state consumer protection actions as part of its larger $8.9 billion effort to settle claims that its Baby Powder and other talc-based items cause cancer. Is talc dangerous.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay for different types of cancer victims in an arrangement for bankruptcy. Is talc dangerous. J&J has declared that its talc products are safe and will not cause cancer. The company is trying for the second time to end more than 38,000 lawsuits brought in bankruptcy, and to prevent any new cases from being filed in the future.
LTL’s bankruptcy plan will pay $400 million to an additional trust to settle claims filed with state attorneys general claiming that J&J had violated laws against unfair business practices in the State of New York and consumer protection laws through misleading consumers regarding the safety of its talc products.
A number of states had already initiated consumer protection cases against J&J prior to LTL’s bankruptcy filing stopped those investigations from progressing in 2021. Is talc dangerous. New Mexico and Mississippi had already brought suit with Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands, according to LTL’s court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims as well as the U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making business like J&J does not qualify for bankruptcy protections designed for the struggling debtors.
LTL’s first attempt at resolving the lawsuits in bankruptcy was dismissed after similar arguments. A U.S. appeals court decided that LTL had not been in “financial trouble” and ineligible to receive bankruptcy relief. Is talc dangerous. LTL filed a second bankruptcy within two hours of the dismissal, arguing the second bankruptcy was different due to the fact that it had less money available and had a greater chance of securing the settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of state law enforcement authorities by attempting unilaterally to cap the liability of the company for state consumer protection laws.
Is Talc Dangerous
LTL’s filings for the new year also contained additional details about how the company would assess and pay claims for cancer should the bankruptcy plan be approved.
The highest payments under the settlement will be $500,000 for those diagnosed with mesothelioma that is terminal before age 45, and $260,000 for those diagnosed with cancer of the ovary prior to age 45.
The proposed settlement provides discounts based on the type and severity of cancer, the individual’s age, the history of talc use and other factors. Is talc dangerous. For instance someone who regularly used daily talc products, had an ancestral history of ovarian cancer, and was diagnosed with the stage 2 ovarian cancer when she was 55 may be eligible to receive a payment of $21,125 under the plan.
Judge ordains J&J and talc oppositionists to engage in settlement talks.
Following another hearing in Johnson and Johnson’s efforts to employ a Texas Two Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the move to conduct settlement talks, Bloomberg reports.
With its second bankruptcy bid for LTL Management, a subsidiary created by J&J to settle claims – the company made a settlement offer of $8.9 billion. Is talc dangerous. While a group of law firms representing plaintiffs agree with the deal, another group is opposed to the offer.
The previous week, the opposition group, which is known as”The Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case saying that LTL cannot be regarded as to be in financial trouble.
“The filing is an unjust and legally flawed attempt by a small number of law firms to block 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 an announcement. Is talc dangerous. “The law firms that are behind their filing are financially oriented and have conflicts that conflict with, differ from and infringe on the rights which their clientele. We’ll submit an answer to the appellate court.”
Is talc dangerous. Clay Thompson, a lawyer for MRHFM, which boasts more than mesothelioma clients who have filed lawsuits against J&J and J&J, has said that J&J’s second bankruptcy effort will fail.
“J&J issues press releases describing how fantastic its plan is while simultaneously insisting that the details of its plan–including the treatment individuals with illnesses would receive — be kept private,” Thompson said in an announcement. “What is J&J’s plan to keep secret?”
Kaplan has instructed both sides to create a reorganization plan, under the supervision from two mediators.
The court in February of 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that will free J&J from the tens of thousands of claims over its talcum products.
But in January of this year a federal appeals court overturned the verdict, ruling that the company could not be considered in “financial trouble.”
After J&J’s appeal to the U.S. Supreme Court was denied in April, J&J declared bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to accept an additional bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B talc litigation charge.
In the two Chapter 11 attempts, J&J has purchased 19 months of which cases were placed suspended. Is talc dangerous. The company would like claimants to take a vote to accept their settlement. J&J would need 75% of the vote for the settlement to be approved.
In addition to the team of talc lawyers who criticised the company’s bankruptcy play, the U.S. Trustee is an arm that is part of the U.S. Department of Justice is also submitting motions to dismiss the second bankruptcy case of LTL.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest but unfortunate debtors.” The doors “are not open to any parties that do not have a legitimate reason or want to use the bankruptcy process to delay or hinder their creditors.” Vara continued.
In its own words, J&J maintains there is no conclusive evidence that its talc products, including its iconic baby powder, cause cancer. J&J has adopted the products from the market and will first launch them in North America in 2020–and the rest of the world next year.
J&J seeks to avoid the cost of going to court. It has prevailed in most of the cases that have been decided in court, however certain losses have been punishing.
A highly publicized trial in Missouri produced a $4.7 billion judgment against the drug manufacturer but was later reduced 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 cases involving talc, which are in appeal or concluded. Of the 41 trials, 32 ended with an outcome for J&J either through a mistrial or plaintiff verdicts that were dismissed upon appeal. Is talc dangerous. In addition, J&J in 2020 moved to settle nearly 1,000 cases for 100 million dollars, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Dangerous
Our lawyers are handling baby powder lawsuits across every state. The talcum powder lawsuits in the case of Johnson & Johnson have been ongoing for many years. Is talc dangerous. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient found in products such as baby Powder along with Shower to Shower as well as other products, may cause ovarian cancer in certain women.
This page gives an J&J Talc Power litigation update and explains how the forthcoming bankruptcy ruling will impact the final settlement amounts of the Ovarian Cancer lawsuits.
Has the deadline passed for you to start a lawsuit against talcum powder? Many who believe the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Dangerous
June 2 2023 Update: At the trial for asbestos-containing talc which took place in California yesterday, technical glitches interrupted the opening statement by the defense attorneys. Is talc dangerous. Jurors who were watching from home on Zoom, did hear Johnson & Johnson’s lawyer voice his skepticism about the 70s science asserting the presence of asbestos in their product prior to the session abruptly ended.
The plaintiff could introduce the first of their witnesses, Arthur Langer. Langer stated that the presence of other minerals with talc is expected. He said that his team was notified by J&J in 1971 about the presence of asbestos chrysotile in the company’s talc, albeit with just 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update Is talc dangerous. This is the first court trial that has taken place since J&J made the decision to split its Talc section and declaring bankruptcy is a pivotal moment in the ongoing talc lawsuit drama. The trial started yesterday 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 tragic loss.
Opening statements revealed huge differences between the sides’ narrative. The attorney representing the plaintiff aimed his ire on Johnson & Johnson, alleging the use of deceptive 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 in spite of internal documents dating from 1978 and 1994 showing that asbestos fibers found in plaintiff’s tissue are included.
Johnson & Johnson’s precarious $8.9 billion settlement deal hangs in the balance as we course of this trial. Despite the distinctive nature of this mesothelioma lawsuit and its distinct issues compared to other talcum powder lawsuits ruling in favor of the plaintiff could be a serious setback to J&J’s hope of gaining broad acceptance for the settlement they have proposed among plaintiffs.
May 31st, 2023: Update from Johnson & Johnson’s bankrupt talc division strongly defended it’s Second Chapter 11 filing in the opposition of talc injury claimants. In a written objection to the New Jersey bankruptcy court, the company argued that the filing was fundamentally different from the prior filing. It highlighted the extraordinary commitment to $8.9 billion by J&J which is the biggest settlement ever to be made in a mass tort bankruptcy case. Is talc dangerous. It was not mentioned how the size of the settlement signifies that it’s a fair settlement. J&J also claimed support from a variety of plaintiffs’ law firms representing over the 60,000 plaintiffs. This is hard to verify but is probably incorrect.
May 24 2023 Update: In the wake of Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial regarding the cosmetic talc products it claims to comprised of asbestos is set to start jury selection Monday, May 24, California at Alameda County Superior Court, a historically good jurisdiction for plaintiffs. The plaintiff asserts that his mesothelioma is the result of asbestos exposure in J&J’s product, an allegation that the company is denying. The trial also involves six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now disputing who should be chosen to fill the post of the future claims representative, which is vitally important to resolving the claim for talc. Is talc dangerous. Randi Ellis, a lawyer who regularly appears in MDLs across the country was appointed the claims representative in the first bankruptcy. J&J’s defense group wants Ellis to be appointed to that role and again, but attorneys for the talc plaintiffs have raised objections due to the fact that Ellis has a conflict of interest that would prevent her from assuming that position in the future. The conflict stems from the possibility that Ellis was believed to have been involved in drafting the hotly contesting second bankruptcy, which raises questions about her capacity to be neutral. However, the reality is that this bankruptcy is likely to get dismissed anyway.
May 17th, 2023 Update: The fake company J&J created for the talc litigation bankruptcy has informed an New Jersey bankruptcy court that they have set aside $400 million to pay the claims of states that accuse J&J of misleading marketing for its talc product. Is talc dangerous. So that makes it an $8.5 billion settlement for cancer victims. It’s difficult to imagine any scenario in which J&J will be able to push these baby powder settlements through at these numbers. Although J&J’s $8.5 billion offer seems like a huge sum at first, it does not look very appealing when you do the math. This settlement proposal – by our rough calculations would not pay victims much more than an average settlement $100,000 per instance. This isn’t enough.
May 15th 2023 update: J&J may be in the middle of a lawsuit from an advocacy group representing cancer victims. Is talc dangerous. The group claims that J&J intentionally withdrew an $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move amounts to a fraudulent transfer of the right to compensation for victims. They intend to investigate J&J’s actions after the announcement of the denial of the first bankruptcy case of LTL.
May 10 2023 Update: The following week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy filing from J&J subsidiary LTL Management. In the meantime the bankruptcy has issued an Order that requires both parties to take part in a new settlement negotiation to see if the global settlement can be brokered.
May 5th 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer from asbestos exposure. Is talc dangerous. Over 2,700 people have sued the firm, and it was paying $1 million per month to defend its legal position. The company’s recent $29million settlement at the Supreme Court of South Carolina forced it to pursue bankruptcy protection, and arguing that assets should be distributed in an equitable manner between the claimants of talc instead of being confiscated by the receiver. Other suppliers of talc have declared bankruptcy because of litigation.
May 4, 2023 update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume talks with lawyers who have rejected the company’s $8.9 billion agreement. It was in Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps for the second bankruptcy case. Judge Kaplan pushed more settlement talks.
This is the best way to settle these claims with J&J. A baby powder settlement can be completed. Is talc dangerous. But it will require more money, more billions of dollars of Johnson & Johnson.
Lawyers are split on whether to accept the proposal and not every client views the situation the same way their lawyer does. Second bankruptcy cases are destined to be a failure the judge Kaplan has scheduled a hearing in June to determine if she will close the case for the third time.
May 3 2023 Update: A group representing cancer victims who are suing Johnson & Johnson (J&J) asked that the 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 committee representing talc claimants filed a motion on Tuesday asking to the Third Circuit to consider their case and to send it back an earlier court, with instructions for dismissing the bankruptcy. Is talc dangerous. They also requested that the stoppage of tort litigation against J&J be allowed to proceed.
LTL has filed for Chapter 11 protection once again after its bankruptcy filing was rejected in the Third Circuit earlier this year, offering an $8.9 billion settlement. The committee believes that the recent ruling, which allows LTL’s second Chapter 11 to continue, and also stopping trials against J&J, warrants urgent Third Circuit review. The US Trustee has also requested the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation Erik Haas, was quoted by Bloomberg saying that J&J plans to file a response to the appeals court characterizing the filing as a “desperate and legally deficient effort” by a handful of law firms with conflicts of financial interests.
May 1st 2023 Update: A frequently asked question is how could plaintiffs and their lawyers be able to turn off $8.9 billion. That’s of course an immense amount of money. But there are plenty of victims. Is talc dangerous. These are actually a good case for plaintiffs. We were reminded of this last week with two talc trials led to huge verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon was settled with a verdict of $18.1 million. A month later, another mesothelioma talc case was brought to trial on the other side of South Carolina and resulted in a verdict of $29million for the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the top suppliers of talc within the U.S.
April 30th 2023 Update: In the year 2023, when J&J first tried to bring the litigation over talcum powder into bankruptcy, it came with an offer to put aside $2 billion for settlements. This was an absurdly low amount. All of the talc plaintiffs agreed with the offer. This time around, however, 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. Is talc dangerous. But 75% of the plaintiffs in the talc category, which is necessary for bankruptcy plan approval is not an easy task since there are so many lawyers with large collections of baby powder lawsuits that are opposed in favor of the deal.
What could solve the impasse? More billions.
April 25 2023 update: Talc Cancer victims have sought a court order to dismiss the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Is talc dangerous. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not a candidate for bankruptcy relief as it failed to show financial distress.
The claimants contend that LTL’s second Chapter 11 case is an fraud on the bankruptcy system and that it is being pursued in bad good faith. J&J says the bankruptcy settlement is backed by “significant support” from firms representing approximately 60,000 plaintiffs. It’s fair to say that the plaintiffs’ attorneys and the victims are split over what they believe is an $8.9 billion offer for settlement.
April 21st, 2023 Update: A bankruptcy judge decided that Johnson & Johnson must face new lawsuits alleging that it sold tainted baby powder causing cancer. Although trials for the talc lawsuits have been suspended for a minimum of 60 days but new lawsuits can be filed and lawyers may begin to prepare their cases. Is talc dangerous. The judge expressed skepticism over J&J’s attempt to revive its strategy by filing the second bankruptcy case.
April 13th, 2023 update: the major story is that there’s an $8.9 billion over the course of 25 year period settlement offered. Lawyers representing cancer victims who are part of the MDL Class Action have pledged to challenge the settlement Talc claimants. Why? They think it is too little money for the those suffering from cancer who are 70,000. Is talc dangerous. They argue that J&J could negotiate a greater settlement or pursue individuals’ claims if the current bankruptcy is declared unconstitutional.
There is a different set of lawyers who are not part of the top leadership in this class action. They have amassed hundreds of thousands of cases. The group is seeking to settle for what many argue is far less than what these victims deserve. The argument they make is twofold. They argue that the settlement – which amounts to 100 million dollars on average per plaintiff is fair.
This argument isn’t easy to present. However, their second argument has more substance: the victims will no longer wait and want the money immediately.
April 12 2023 Update: People are seeking out how J&J can file for bankruptcy again. The answer is complicated and convoluted. Let’s try to clarify it simply.
Johnson & Johnson asserts that bankruptcy is the only means to resolve both current and future talc-related lawsuits definitively. It believes that it will be less expensive if there is an element of bankruptcy that puts pressure to settle. Is talc dangerous. Moving past 400 years of American history, the firm argues that bankruptcy benefits all parties by distributing settlements more equally and effectively than trial courts where litigants are awarded significant payouts, while others are left with nothing.
The basic tenet of this 3rd Circuit decision was this is not a case of the profit-making company that has a subsidiary to take the legal burden and declare bankruptcy, which is what Congress considered when it was drafting the Bankruptcy Code. But it also said that the entity was financially trouble because J&J promised unlimited funding.
Thus, J&J did not hesitate to take advantage of the unlimited funding portion of the contract and did not promise to provide unlimited funding for the litigation. The company claims that updated financing arrangements with its subsidiary address appeals court’s concerns while still offering claim payment funds. As if offering victims less money would solve the problem at hand.
Attorneys representing cancer patients who do not agree with the agreement counter this argument by saying that it is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s ruling. The hyperbole wasn’t spared attorneys representing the victims claim it the largest “fraudulent transaction of assets in United States history.”
Despite all the legal jargon, J&J does not really believe that this bankruptcy will last. But it’s a way to try and push the $8.9 billion settlement to keep pressure on plaintiffs.
April 10 2023 Update Bloomberg has an interesting report on a brand new law of New Jersey that is shedding new light on the funding of litigation in the plaintiffs in the class action. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) over talc products in exchange for a share of any winnings. J&J has now offered the payment of $8.9 billion to settle lawsuits.
The involvement of the funders is public knowledge because of an New Jersey court rule requiring the release of certain details about funders outside the state. The law is designed to address the growing calls for regulation of the litigation funders. J&J has more than 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. There is no doubt that we are seeing how third-party financing can help level the playing field between people as well as large corporations in the courtroom.
April 4 2023 Update: It is fun to watch the worm turning in this litigation. J&J was hit again this week when they were denied by the Third Circuit denied J&J’s request to extend the automatic stay in the meantime that J&J appeals an appeal in the U.S. Supreme Court. This automatic stay stopped thousands of talcum cases and prevented new lawsuits from arising ever since J&J initiated the controversial effort to spin the talc liability into a bankrupt company over a year back. Is talc dangerous. After the 3rd Circuit ruled that this bankruptcy was not valid only a few months back, the stay was removed. J&J wanted to see 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. There is a chance that is that the Supreme Court is willing even to consider the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay having been officially lifted, the 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 joined to the MDL during the month of March increasing the number of pending cases up to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee is now calling for be the U.S. Government Accountability Office (GAO) initiate an investigation into how much J&J Talc products have cost the government in the decades.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of not recognizing the risks of its talc-based products for decades while tax dollars were spent treating those injured by exposure to the product. The lawsuit comes just a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is talc dangerous. J&J should begin to make fair settlement offers for victims in order the process of putting all this behind it. It’s a mark on one of the greatest businesses.
February 14 2023 Update: In an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc dangerous. 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!