You May be Entitled to Significant Compensation Is talc really bad for your skin. 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 make payments of $440 million US state AGs. Is Talc Really Bad For Your Skin .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its broad $8.9 billion settlement of claims that its Baby Powder as well as other talc product causes cancer. Is talc really bad for your skin.
J&J affiliate 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 a bankruptcy settlement. Is talc really bad for your skin. J&J has claimed that its Talc products are safe and don’t cause cancer. The company is trying for the second time to end more than 38,000 lawsuits in bankruptcy, and to prevent any new cases from arising in the future.
LTL’s bankruptcy plans would deposit $400 million into a separate trust for lawsuits filed from state attorney generals alleging that J&J did not comply with states’ unfair practices and 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 those investigations from taking place in 2021. Is talc really bad for your skin. New Mexico and Mississippi had already launched lawsuits for damages against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court filings.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL in a joint move with cancer victims as well as their counterparts from the U.S. Justice Department’s bankruptcy watchdog. They have claimed that a lucrative company such as J&J cannot benefit from bankruptcy protections designed for struggling debtors.
The company’s initial attempt to resolve the bankruptcy-related lawsuits was dismissed following similar arguments. The U.S. appeals court ruled it was not LTL did not have “financial trouble” and ineligible to receive bankruptcy relief. Is talc really bad for your skin. LTL made a new bankruptcy application in just two hours following that dismissal, arguing that the second bankruptcy was different due to the fact that there was less money available 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 law enforcement powers of the state by trying to unilaterally cap the liability of the company in state consumer protection actions.
Is Talc Really Bad For Your Skin
LTL’s recent filings also provided more information about how the company would evaluate and pay claims for cancer when the bankruptcy plan is approved.
The largest amount of money under the settlement would be $500,000 to those diagnosed with mesothelioma terminal prior to age 45 and $260,000 for people diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement provides discounts based on the type and severity of cancer, an individual’s age, history of talc use and other factors. Is talc really bad for your skin. 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 could be in line to receive a payment of $21,125 under the settlement plan.
Judge orders J&J, talc opponents to participate in settlement talks.
Following another round of hearings in Johnson &Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the plan to hold 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 manage the claims company made a settlement offer of $8.9 billion. Is talc really bad for your skin. While a firm representing plaintiffs is in favor of the proposal, another group is against the settlement.
Earlier this week, the opposition group, dubbed”the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case asserting that LTL cannot be regarded as in financial distress.
“The filing is a desperate and legally ineffective attempt by a handful of law firms to try to prevent claimants from voting on the resolution, which that the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Is talc really bad for your skin. “The law firms involved in the filing are pursuing financial interests which do not align with, differ from and infringe on the rights which their clientele. We’ll be submitting an answer to the appellate court.”
Is talc really bad for your skin. Clay Thompson, a lawyer for MRHFM that boasts more than mesothelioma victims who have sued J&J claimed that J&J’s second bankruptcy effort will fail.
“J&J sends out press releases about how wonderful the plan is but simultaneously insisting that the details of its plan–including the treatment each sick person will be treated to,” Thompson said in a statement. “What do they have to cover up?”
Kaplan has directed the parties to come up with another strategy for reorganization, under the oversight by two mediators.
In February 2022, Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would relieve J&J from the thousands of lawsuits over its talcum products.
However, in January of this year, a federal appeals court ruled against the decision, ruling that the business could not be considered to be in “financial difficulty.”
After J&J’s challenge the U.S. Supreme Court was turned down the same month, J&J applied for its first bankruptcy roughly two hours after. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether or not to accept to file for bankruptcy again.
J&J’s unstoppable profit machine sputters after $6.9B cost of litigation involving talc.
In the 2 Chapter 11 attempts, J&J has purchased 19 months of which cases were placed held. Is talc really bad for your skin. The company is requesting that claimants accept their settlement. J&J will require 75% of the vote for the settlement to be approved.
In addition to the team of talc lawyers that criticized LTL’s bankruptcy plan in the U.S. Trustee, the U.S. Trustee which is a division of the U.S. Department of Justice was also the one to file motions to dismiss the second bankruptcy case of LTL.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest but unfortunate debtors.” These doors “are not open to any parties that lack a legitimate bankruptcy goal or who seek to take advantage of the bankruptcy process to delay or hinder their creditors.” Vara continued.
In its own words, J&J maintains there is no proof conclusive that their talc products, including its famous baby powder, cause cancer. J&J has taken its products off of the market–first on North America in 2020–and the remainder of the globe later this year.
J&J is determined to stay clear of the cost of going to trial. The company has won the majority of the cases that have been resolved in court, however certain losses have been punitive.
A highly-publicized trial in Missouri resulted in an $4.7 billion verdict against the drug maker but was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine trial involving talc that are appealing or settled. In 41 trials 32 have resulted in a win by J&J as well as mistrials or verdict for a plaintiff that was dismissed after appeal. Is talc really bad for your skin. The company also in 2020 moved to settle nearly 1000 cases at a cost of 100 million dollars, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Really Bad For Your Skin
Our lawyers are handling the baby powder litigation in every state. The talcum powder lawsuits against Johnson & Johnson have been in the process for several years. Is talc really bad for your skin. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products such as baby Powder or Shower to Shower, can cause cancer of the ovary in certain women.
This page gives a J&J Talc Power litigation update and examines how the coming bankruptcy ruling will affect the final settlement amounts of the ovarian cancer lawsuits.
Is the deadline for you to make a claim for talcum powder? Many who believe that 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 free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Really Bad For Your Skin
June 2, 2023 Update: During the asbestos talc trial at the trial in California yesterday, technical issues interrupted the opening statements made by defense attorneys. Is talc really bad for your skin. Jurors from their homes via Zoom however, heard Johnson and Johnson’s lawyer express doubts about the 70s research asserting the presence of asbestos in their product prior to the trial was abruptly closed.
The plaintiff had the opportunity to introduce the first of their witnesses, Arthur Langer. Langer said that the presence of other minerals in the talc mineral is a given. He claimed that his group advised J&J in 1971 of the presence of asbestos chrysotile in the talc manufactured by the company, though with less than 0.1 percent. He also uncovered more asbestos in 1976.
June 1, 2023 Update: Is talc really bad for your skin. A trial for the first time since J&J has decided to separate its Talc division and declare bankruptcy marks an important moment for the ongoing litigation story. Trial began yesterday in the harrowing case of a young 24-year-old plaintiff, diagnosed with an aggressive and rare form of mesothelioma in the past year, an illness that lawyers on both sides agree is a tragedy of a different kind.
The opening statements exposed the stark differences in each side’s narrative. The attorney representing the plaintiff aimed his ire towards Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation process. The attorney claims that, according to Johnson & Johnson attempted to alter the definition of asbestos in spite of internal documents dating from 1998 and 1994 that show asbestos fibers found in tissue of the plaintiff are included.
Johnson &J’s highly uncertain $8.9 billion settlement is hanging in the balance as we course of this trial. Despite the particularity of this mesothelioma case and the unique issues it faces compared to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could cause an enormous setback for J&J’s hope of gaining broad acceptance for their proposed settlement among plaintiffs.
May 31st 2023 Update: Johnson & Johnson’s bankrupted talc unit has is defending the 2nd Chapter 11 filing in the opposition of victims of talc injuries. In an appeal to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation was fundamentally different from the previous filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion in settlement from J&J, the largest ever settlement in the history of a mass tort bankruptcy. Is talc really bad for your skin. There was no mention of how the amount of the settlement signifies that it’s an equitable settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms representing more than sixty thousand claimants. This is hard to verify but likely incorrect.
May 24 2023 Update: In the wake of Johnson &J Johnson’s bankruptcy filing, the very first trial concerning its cosmetic talc products allegedly that contain asbestos is scheduled to start jury selection on Monday, California with Alameda County Superior Court, an historically reliable place for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure from J&J’s products, an allegation J&J is denying. The trial also includes six retailers accused of selling talc products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are currently battling over who should be appointed to the post of future claims representative, a role that is critically critical to resolving talc claims. Is talc really bad for your skin. Randi Ellis, a lawyer who regularly appears in MDLs throughout the country was appointed as the claims representative in the first bankruptcy. J&J’s defense team would like Ellis to be appointed in that position in the future, however lawyers representing the talc plaintiffs are protesting on the grounds that Ellis has an interest conflict which would prohibit her from taking on that role again. The issue stems from the fact that Ellis was believed to have been involved in drafting the hotly contested second bankruptcy, which raises doubts about her capacity to be neutral. The reality is the bankruptcy will be dismissed regardless.
May 17th, 2023 Update: The pretend company J&J created for the talc litigation bankruptcy informed the New Jersey bankruptcy court that they have designated $400 million to pay the allegations made by states who accuse J&J of misleading marketing for its talc products. Is talc really bad for your skin. So that makes it an $8.5 billion settlement for cancer victims. It’s hard to imagine a scenario where J&J could push these settlements for babies at these numbers. Although J&J’s $8.5 billion offer seems like a lot initially, it may not look great after you calculate the figures. The settlement plan based on our rough calculations would not be able to pay victims more than $100,000 per case. That is not enough.
May 15th 2023 Update J&J could be facing lawsuit by an advocacy group representing cancer patients. Is talc really bad for your skin. The group claims J&J deliberately withdrew the $61.5 billion financing agreement together with its parent company, LTL Management LLC, to simulate financial stress and to validate the company’s Chapter 11 bankruptcy filing. The group claims that this move amounts to a fraudulent transfer of the right to compensation for victims. They are planning to study J&J’s actions as a result of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: During the next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy application of J&J company LTL Management. In the meantime LTL Management has filed an Order that requires both parties to take part in a settlement mediation to see if a global settlement deal can been reached.
May 5, 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. Is talc really bad for your skin. Over 2,700 individuals have sued the firm and it is spending $1 million a month for legal defense. The company’s most recent $29 million settlement in South Carolina forced it to seek bankruptcy protection, arguing for an equitable distribution of assets to talc claimants, rather than being confiscated in the hands of the receiver. Other talc suppliers have also filed for bankruptcy due to litigation.
May 4, 2023 update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume settlement discussions with lawyers who have rejected the company’s $8.9 billion settlement offer. In Trenton, New Jersey yesterday the parties gathered in court to discuss next steps in another bankruptcy proceeding. Judge Kaplan has pushed for further settlement talks.
This is the solution to settle these claims for J&J. A settlement for baby powder can be achieved. Is talc really bad for your skin. However, it will require more money – billions of dollars by Johnson & Johnson.
Lawyers are divided over whether or not to agree with the proposal and not every client sees the issue the same way their lawyer sees it. A second bankruptcy proceeding is expected to go nowhere and Judge Kaplan has set a date for a hearing in June to determine whether to close the case for the third time.
May 3, 2023 Update: A group of cancer patients suing Johnson & Johnson (J&J) demanded that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation over talc products. The group representing the claimants made a motion Tuesday asking for the Third Circuit to consider their appeal and return the case before a court of lower jurisdiction with instructions to discharge the bankruptcy. Is talc really bad for your skin. They also asked that halted tort litigation against J&J should be permitted to continue.
LTL has filed for Chapter 11 protection once again after its bankruptcy filing was denied by the Third Circuit earlier this year and offered an $8.9 billion deal. The committee believes that the recent decision allowing LTL’s second Chapter 11 to continue, while also halting trials against J&J and J&J, requires an immediate Third Circuit review. The US Trustee also asked that be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation, Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a formal response in the appeals court saying that the filing is an “desperate and legally inadequate attempt” by a handful of law firms with different financial interests.
May 1st 2023 Update: One frequently asked question is how plaintiffs and their attorneys turn around $8.9 billion. That’s of course a lot of money. But there are plenty of victims. Is talc really bad for your skin. These are an excellent claims for plaintiffs. We were reminded of this last week by two talc-related trials that led to huge verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon resulted in an award in the amount of $18.1 million. In the same month, a different mesothelioma talc case was brought to trials on the other side of South Carolina and resulted in an award of $29 million on behalf of the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. one of the largest manufacturers of talc in U.S.
April 30th 2023 Update: In the year 2023, when J&J initially tried to take the talcum powder lawsuit into bankruptcy, it came with an offer to reserve $2 billion for settlements. This was an absurdly low amount. There was no one among the talc victims who believed in it. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they agree to a bankruptcy settlement and they have the support of a substantial segment of the talc plaintiffs and their attorneys. Is talc really bad for your skin. But 75% of the plaintiffs in the talc category, which is required for bankruptcy plan approval It’s a long and difficult process since there are so many lawyers with huge stocks of baby powder litigations opposed against the proposed settlement.
What is the solution to this impasse? More billions.
April 25, 2023 Update Talc cancer claimants have demanded a judge dismiss the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Is talc really bad for your skin. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not eligible to receive bankruptcy relief because it failed to show financial trouble.
The claimants assert that LTL’s Second Chapter 11 case is an abuse of the bankruptcy system and it’s being pursued in bad faith. J&J says the bankruptcy settlement has “significant backing” from the firms that represent about 60,000 potential people who are claiming. It is fair to say that plaintiffs’ lawyers and victims ‘ lawyers are not united over the $8.9 billion amount of settlement offered.
April 21st, 2023 Update: A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. Even though trials for the talc lawsuits have been suspended for a minimum of 60 days but new lawsuits can be filed and lawyers will begin preparing their cases. Is talc really bad for your skin. The judge expressed skepticism over J&J’s absurd attempt to relaunch its strategy in a second bankruptcy trial.
April 13th, 2023 Update: biggest update is about the $8.9 billion over 25 years settlement offer. Lawyers representing cancer victims in the MDL group action promised to fight the settlement with those who claim talc. Why? They believe it’s not enough money for more than 70,000 cancer victims. Is talc really bad for your skin. These lawyers believe that J&J should negotiate a bigger settlement or litigate individual claims in the event that the latest bankruptcy is declared unconstitutional.
However, there is a second lawyer group that isn’t part of the top leadership in this class action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. They want to settle now for what many argue is far less than what these victims deserve. The argument they make is two-fold. The first is that they claim the settlement of around 100,000 dollars per plaintiff is fair.
That is a hard argument to make. The second argument is more force: victims should no longer wait and want their money today.
April 12, 2023 Update: People are wondering if J&J can file for bankruptcy once more. The answer is complex and convoluted. However, let’s attempt to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only method to resolve both current and future lawsuits involving talc conclusively. Also, it thinks it can get a lower rate if there is an element of bankruptcy that puts pressure to settle. Is talc really bad for your skin. Moving past hundreds of years of American history, the firm asserts that bankruptcy benefits all parties because it distributes settlements more fairly and more efficiently than trial courts where some litigants receive significant payouts, while others are left with nothing.
The gist in this 3rd Circuit decision was this is not a case of one that makes a profit, but an entity to assume 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 in financial crisis due to the fact that J&J promises unlimited funding.
Thus, J&J took advantage of the unlimited funding portion of the deal and didn’t make any promises that it would provide unlimited funds for cases. The company claims that its revised financing arrangements with its subsidiary addresses the appeals court’s concerns, while supplying funds for claim payments. As if offering victims less money will solve the overarching problem.
Lawyers representing cancer patients who oppose the deal counter this with what you conclude is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier ruling. The hyperbole wasn’t spared: victims’ lawyers call it the biggest “fraudulent move of assets in United States history.”
Despite all the legal jargon, J&J does not really think this bankruptcy will survive. It is however a method of pushing this $8.9 billion settlement to keep the pressure on plaintiffs.
April 10, 2023 Update: Bloomberg provides an insightful piece on a law that has been passed in 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 in the case of Johnson & Johnson (J&J) concerning talc products in exchange in exchange for a portion of settlements. J&J is now offering the payment of $8.9 billion in settlements for all lawsuits.
The involvement of funders is public information due to a New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. This rule is intended to tackle the growing demands for the regulation of litigation funders. J&J is facing more than 60,000 claims when you combine federal and state Baby Powder lawsuits. Third-party funding of mass tort cases has both pros and cons. There is no doubt that we are seeing how third-party funding can level the playing field between people and large corporations in court.
April 4 2023 Update: It is fun to watch the worm turn in this lawsuit. J&J has taken another blow this week when the Third Circuit denied J&J’s request to maintain the automatic stay as J&J appeals a bankruptcy decision to the U.S. Supreme Court. The automatic stay has halted hundreds of cases involving talcum powder and stopped any new lawsuits from being filed ever since J&J started the controversial process to spin the talc debts into a bankrupt company over a year back. Is talc really bad for your skin. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was removed. J&J was hoping to have it remain in effect until an appeal to the SCOTUS appeal. The answer was no.
April 1st, 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 of the Supreme Court is willing even to accept the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay fully lifted, the first new cases were filed and incorporated into the class action involving talcum powder MDL in just over a year. Seven new talc cases were included in the MDL over the last month which brings the total number of pending cases up 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) start an investigation into how much J&J Talc products have cost the government over the many years.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of ignoring the dangers of its talc product for many years, while tax dollars were spent on treating people who suffered injuries from exposure to the chemicals. The demand comes just weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Is talc really bad for your skin. J&J has to begin making reasonable settlements to victims to begin the process of putting all this behind it. It’s a mark on one of the greatest firms.
February 14 , 2023 Update: At 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 really bad for your skin. 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!