You May be Entitled to Significant Compensation Is talc free powder safe. 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 the sum of $400 million US state AGs. Is Talc Free Powder Safe .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of a broad $8.9 billion plan to settle claims that its Baby Powder and other talc items cause cancer. Is talc free powder safe.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company plans to pay different kinds of cancer victims in an arrangement for bankruptcy. Is talc free powder safe. J&J has claimed that its Talc products are safe, and will not cause cancer. It’s trying for an additional time to conclude more than 38,000 lawsuits brought in bankruptcy and prevent new cases from coming forward in the future.
LTL’s bankruptcy plan would pay $400 million to an additional trust to settle claims made by state attorneys general alleging that J&J violated laws against unfair business practices in the State of New York as well as consumer protection laws through misleading consumers regarding the quality of its talc products.
Many states had initiated consumer protection measures against J&J prior to the time that LTL’s bankruptcy filing stopped these investigations from moving forward in 2021. Is talc free powder safe. New Mexico and Mississippi had already brought actions against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands according to court papers.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims and the U.S. Justice Department’s bankruptcy watchdog, who have argued that a profitable business like J&J cannot benefit from bankruptcy protections aimed at people with debt problems.
The first attempt by LTL to resolve the bankruptcy cases was rejected after the same arguments. In the end, a U.S. appeals court determined the LTL had not been in “financial financial distress” and ineligible to receive bankruptcy relief. Is talc free powder safe. LTL declared bankruptcy a second time within two hours of the decision to dismiss, arguing that the second bankruptcy was different due to the fact that it was able to borrow less and had more support for a settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s latest bankruptcy violation of the state’s law enforcement authority by attempting unilaterally to cap the company’s liability for state consumer protection measures.
Is Talc Free Powder Safe
LTL’s filings for the new year also contained more information about how the company would assess and pay claims for cancer if the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 for people diagnosed with terminal mesothelioma before age 45, and $260,000 for those diagnosed with ovarian cancer that is terminal before age 45.
From there, the proposed settlement will offer discounts based on the type and severity of cancer, the individual’s years of age, their history of talc use and other factors. Is talc free powder safe. For instance the case of a woman who used talc products on a weekly basis, who had an ovarian cancer family history, cancer and was diagnosed with the stage 2 ovarian cancer when she was 55 might qualify to receive a payout of $21,125 under the plan.
Judge ordains J&J and talc opponents to discuss settlement negotiations.
Following another round of hearings in Johnson & Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed 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 established by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Is talc free powder safe. While one group of law firms representing plaintiffs agree with the deal, another group is opposed to the offer.
Earlier this week, the opposition group, called”the Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition by saying that LTL is not considered to be in financial distress.
“The filing is an unjust and legally flawed attempt by a small number of law firms to try to prevent claimants from voting on the resolution, which that the overwhelming majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Is talc free powder safe. “The law firms involved in this filing have financial interests that clash with, diverge from, and contravene those that their customers. We’ll be submitting a response an appeal to the appellate court.”
Is talc free powder safe. Clay Thompson, a lawyer for MRHFM, which includes more than mesothelioma victims who have sued J&J claimed that the second bankruptcy attempt of J&J is likely to fail.
“J&J issues press releases that boast about how amazing its plans are, but is demanding that plan details–including what individual sick people would actually receive — be kept private,” Thompson said in an email. “What do they have to cover up?”
Kaplan has instructed both sides to devise a second arrangement plan under the oversight from two mediators.
In February 2022, Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would release J&J from the tens of thousands of claims over its talcum products.
However, in January of this year, a federal appeals court ruled against the ruling, ruling that the company could not be considered to be in “financial difficulty.”
After J&J’s challenge the U.S. Supreme Court was turned down at the end of April J&J applied for its first bankruptcy roughly two hours after. In response to that move, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to allow the second bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B the talc litigation cost.
In the two Chapter 11 attempts, J&J has bought 19 months during which the cases were held. Is talc free powder safe. The company wants claimants to take a vote to accept their settlement. J&J requires 75% acceptance in order for the agreement to be accepted.
In addition to the group of talc lawyers who criticised the company’s bankruptcy play, the U.S. Trustee is an arm from the U.S. Department of Justice, also filed motions to dismiss LTL’s second bankruptcy.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest, but naive debtors.” These doors “are not available to anyone that don’t have a legitimate bankruptcy goal or who seek to use the bankruptcy process to hinder or delay their creditors,” Vara continued.
On the other hand, J&J maintains there is no proof conclusive that their Talc products, which includes the famous baby powder, can cause cancer. J&J has taken its products off of the market first to be available in North America in 2020–and the rest of the world later this year.
J&J seeks to avoid the cost of going to court. It has won the majority of cases that have been resolved at trial, but some losses have been very punishing.
A high-profile trial in Missouri produced a $4.7 billion judgment against the drug manufacturer but was later reduced to $2.1 billion after 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 settled. Out of 41 trials 32 have ended in winning for J&J either through a mistrial or plaintiff verdicts that were dismissed upon appeal. Is talc free powder safe. The company also in 2020 sought to settle around 1,000 cases for 100 million dollars, Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Free Powder Safe
Our lawyers are handling the baby powder litigation in all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been in the process for several years. Is talc free powder safe. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in many products, including baby Powder or Shower to Shower and Shower to Shower, could cause ovarian cancer in certain women.
This article provides a J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling will impact the final settlement amounts of these Ovarian Cancer lawsuits.
Is the deadline for you to make a claim for talcum powder? Many people who think the statute of limitations has passed to sue 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 – Is Talc Free Powder Safe
June 2 2023 Update: In the asbestos talc case which took place in California yesterday, some technical issues interrupted the opening speech of defense attorneys. Is talc free powder safe. The jurors, attending from their homes via Zoom however, heard Johnson & Johnson’s lawyer voice his doubt about the 70s research asserting the presence of asbestos in their product, but the session abruptly ended.
The plaintiff was able to present its first expert witness Arthur Langer. Langer explained that the existence of additional minerals along with talc is inevitable. He also testified that his team had notified J&J in 1971 about the presence of chrysotile asbestos in the company’s talc, albeit in just 0.1 percent. He also uncovered more asbestos in 1976.
June 1, 2023 Update: Is talc free powder safe. First trial after J&J has decided to separate its talc division, and then declare bankrupt marks an important point for the ongoing lawsuit saga. The trial started yesterday in the tragic case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma last year, an illness that lawyers on both sides believe is a tragic loss.
Opening statements revealed the stark differences in each side’s narrative. The attorney representing the plaintiff took aim against Johnson & Johnson, alleging the use of deceptive techniques in its research practices and throughout the litigation process. As per the lawyer the company attempted to manipulate asbestos’ definition, despite internal documents dating back to the year 1978 and 1994 indicating that asbestos fibers found in tissue of the plaintiffs are included.
Johnson & Johnson’s precarious $8.9 billion settlement is hanging in the balance with the progress of this trial. Despite the unique nature of the mesothelioma trial and its distinctive issues in comparison to other talcum powder lawsuits and a decision in favor of the plaintiff could be an enormous setback for J&J’s hope of gaining broad acceptance for their proposed settlement among plaintiffs.
May 31, 2023: Update from Johnson and Johnson’s bankrupt talc division is defending its two-time Chapter 11 filing in the opposition of talc injury claimants. In an objection submitted to the New Jersey bankruptcy court, it argued that the filing differed fundamentally from the prior filing. It highlighted the extraordinary commitment to $8.9 billion to J&J, the biggest settlement ever to be made in any bankruptcy case that involves mass tort. Is talc free powder safe. The issue is not discussed: whether the amount of the settlement signifies that it’s an equitable settlement. J&J also claimed support from a variety of plaintiffs’ law companies representing over 60,000 claimants. It is difficult to confirm but likely incorrect.
May 24 2023 Update: As of Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial involving its cosmetic talc products allegedly with asbestos content is scheduled to begin jury selection on Monday, May 24, California within the Alameda County Superior Court, a historically good jurisdiction for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure in J&J’s product which J&J does not deny. The trial also includes six retailers accused of selling talc products.
May 22, 2023 Update: Lawyers involved in the second J&J Talc bankruptcy are currently in a dispute over who should be appointed to the role of the claims representative in the future, the role is crucially essential to the resolution of the talc claims. Is talc free powder safe. Randi Ellis, a lawyer who is frequently involved in MDLs across the country was appointed the claims representative in the initial bankruptcy. J&J’s defense group wants Ellis to be named to the position in the future, however lawyers representing the plaintiffs in talc are arguing to the claim that Ellis has conflicts of interest that should prevent her from holding that position in the future. The conflict stems from the possibility that Ellis was reportedly involved in the creation of the hotly litigated second bankruptcy, raising doubts about her capability to remain neutral. It’s true that this bankruptcy could be dismissed regardless.
May 17, 2023 Update The pretend company that J&J put together to settle the talc litigation bankruptcy informed the New Jersey bankruptcy court that they have designated $400 million to settle allegations made by states who accuse the company of misleading advertising for its talc-based products. Is talc free powder safe. So that makes it an $8.5 billion settlement for cancer victims. It’s difficult to imagine a scenario where J&J can get the settlements of baby powder through given these numbers. Although J&J’s $8.5 billion offer seems like a lot initially, it may not look good when you do the math. The proposed settlement based on our rough calculations would not provide victims with much more than an average settlement $100,000 per instance. That is not enough.
May 15 2023 Update J&J might be facing lawsuit from an advocacy group representing cancer patients. Is talc free powder safe. The group contends that J&J deliberately withdrew a $61.5 billion financing agreement with its subsidiary, LTL Management LLC, to create the appearance of financial hardship and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action could be interpreted as a fraudulent transfer of the victims’ compensation rights. They will investigate J&J’s actions as a result of the denial of LTL’s first bankruptcy suit.
May 10, 2023 Update: Next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy petition filed of J&J subsidiary LTL Management. However, in the meantime, this bankruptcy court has issued an Order that requires both parties to take part in a settlement mediation hoping that the global settlement can be been reached.
May 5th, 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Is talc free powder safe. Over 2700 people have sued the firm and the company was spending $1 million a month on legal defense. The company’s recent $29 million verdict 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 talc claimants rather than being taken over from the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of the litigation.
May 4 2023, Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to restart negotiations with lawyers who have rejected the company’s proposed $8.9 billion offer for settlement. At Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps for the second bankruptcy case. Judge Kaplan was pushing for more settlement discussions.
This is the way to resolve these claims for J&J. A settlement for baby powder can be achieved. Is talc free powder safe. However, it’ll require more money – more billions of dollars coming from Johnson & Johnson.
Lawyers have a split opinion on whether or not to agree with the proposal and not all clients view the issue the same way their lawyer does. Second bankruptcy cases are destined to be a failure as Judge Kaplan has scheduled a hearing in June to determine whether to close the case for the third time.
May 3 2023 Update: A group of cancer victims suing Johnson & Johnson (J&J) requested for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation involving talc products. The committee representing talc claimants filed a motion on Tuesday requesting for the Third Circuit to consider their case and to send it back the lower court with instructions for dismissing the bankruptcy. Is talc free powder safe. They also requested that the halted tort litigation against J&J continue to proceed.
LTL requested Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year and offered an $8.9 billion agreement. The committee believes that the recent ruling, which allows LTL’s 2nd Chapter 11 to continue, while also halting trials against J&J should be subject to 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 declaring that J&J plans to file a statement to the appeals court characterizing the filing as a “desperate and legally deficient plan” by a small number of law firms with conflicting financial interests.
May 1st 2023 Update: A frequently asked question is how plaintiffs and their lawyers be able to turn down $8.9 billion. Of course, that’s a lot of money. However, there are lots of victims. Is talc free powder safe. These are an excellent arguments for plaintiffs. We were reminded recently with two talc trials ended in large verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon ended in the verdict worth $18.1 million. In the same month, a different mesothelioma trial involving talc was held for trial in South Carolina and resulted in a verdict of $29 million for the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. one of the largest suppliers of talc within the U.S.
April 30 2023 Update: J&J first attempted to drag the lawsuit over talcum powder into bankruptcy, it came with an offer to set aside $2 billion to settle the case. The sum was ridiculously low. There was no one among the talc victims who believed in the offer. This time, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they agree to a bankruptcy settlement and they also have the backing of a significant segment of the talc plaintiffs as well as their lawyers. Is talc free powder safe. However, 75% of plaintiffs in the talc category, which is needed for approval of the bankruptcy plan is not an easy task due to the sheer number of lawyers with vast inventory of baby powder-related lawsuits, opposed to the settlement.
What could solve the impasse? More billions.
April 25 2023 Update: Talc plaintiffs have requested a judge to reject the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Is talc free powder safe. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible for bankruptcy relief because it had not demonstrated financial difficulties.
The claimants contend that the Second Chapter 11 case is an abuse of the bankruptcy system and that the case is being handled in bad good faith. J&J asserts that the bankruptcy settlement receives “significant backing” from the firms that represent about 60,000 potential people who are claiming. It’s safe to say plaintiffs’ lawyers and victims ‘ lawyers are divided on their disagreement over the $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge has ruled in favor of Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. Even though trials for the lawsuits involving talc are delayed for at least 60 days and new lawsuits are able to be filed and lawyers are able to begin preparing their cases. Is talc free powder safe. Judges expressed skepticism about J&J’s ridiculous effort to revive its strategy by filing another bankruptcy case.
April 13, 2023 update: the most important story is that there’s an $8.9 billion over the course of 25 years of settlement. Lawyers representing cancer patients who are part of the MDL Class Action have promised to challenge the settlement talc claimants. Why? They think it is not enough to pay for more than 70,000 cancer victims. Is talc free powder safe. They argue that J&J should negotiate a bigger settlement or settle individual claims if the most recent bankruptcy is dismissed.
However, there is a second group of lawyers that is not part of the leadership in this class action. These lawyers have collectively amassed many thousands of cases. This group wants to settle for what many argue is less than the victims deserve. The argument they make is two-fold. First, they argue the settlement of around 100,000 dollars per plaintiff is fair.
This argument isn’t easy to prove. But their second argument has more force: victims should be no longer patient and demand the money immediately.
April 12 2023 Update: Many are seeking out how J&J could file for bankruptcy once more. The answer is complicated and complicated. However, let’s attempt to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only option to deal with both present and future talc-related lawsuits definitively. In other words, it believes that it will be less expensive when there is an element of bankruptcy that puts pressure to settle. Is talc free powder safe. Driving past more than 400 years in American history, the firm asserts that bankruptcy benefits all parties because it distributes settlements more equally and more efficiently than trial courts where some litigants receive significant awards while others receive nothing.
The gist of this 3rd Circuit decision was this is not a case of one that makes a profit, but subsidiaries to meet the legal risk and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. But it also said that the entity was in financial crisis due to the fact that J&J offered unlimited financing.
Then J&J did not hesitate to take advantage of the funding unlimited part of the contract but did not pledge to provide unlimited funding for lawsuits. The company claims that modified financing arrangements with its subsidiary address the appeals court’s concerns, while offering funds to pay claims. As if offering victims lower amounts of money would resolve the overall issue.
Attorneys representing cancer patients who oppose the deal counter this argument by saying that it is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole is not exempt: victims’ lawyers call it the largest “fraudulent transfer in United States history.”
Despite the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it is a way of trying to push this $8.9 billion settlement, and to keep the pressure on plaintiffs.
April 10 2023 Update: Bloomberg is running an intriguing article on a new law in New Jersey that is shedding new light on the funding of litigation in the class action lawsuit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) regarding talc products, in exchange for a share of any winnings. J&J has now offered to pay $8.9 billion in settlements for all lawsuits.
The involvement of funders is made public because of an New Jersey court rule requiring the release of certain details about outside funding backers. The rule aims to address the rising calls for the regulation of lawsuit funders. J&J has more than 60,000 claims when you add up state and federal infant powder litigation. Third-party funding for mass tort lawsuits is not without its pros and cons. However, there is no doubt that we are witnessing the ways that third-party funding can even the playing field between individuals and big companies in the courtroom.
April 4 2023 Update: It is interesting to watch the worm turning in this litigation. J&J took another hit this week when an appeals court in the Third Circuit denied J&J’s request to continue the automatic stay during the time that J&J appeals an appeal before the U.S. Supreme Court. Automatic stays have stopped the cases of talcum powder in a number of years and prevented new lawsuits from getting filed ever since J&J launched the controversial attempt to spin the talc debts into a bankrupt subsidiary more than a year back. Is talc free powder safe. When it was decided that the 3rd Circuit ruled that this bankruptcy was not valid just a few months ago the stay was removed. J&J wanted to see it remain in effect until hearing 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 likelihood that the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay 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 brought into the MDL during the month of March increasing the number of cases pending to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee is now requesting that be the U.S. Government Accountability Office (GAO) initiate an investigation into the amount J&J products containing talc have cost the government in the years.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of failing to recognize the dangers of its talc-based products for decades while tax dollars were spent treating those injured by exposure to the products. The demand comes just weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Is talc free powder safe. J&J needs to start making reasonable settlement offers for victims in order getting this behind. This is a disgrace to one of the most prestigious businesses.
February 14 2023 Update: In an appearance 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 talc free powder safe. 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!