You May be Entitled to Significant Compensation Is talc really that bad. 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 for talc would provide 400 million dollars to US state AGs. Is Talc Really That Bad .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of a broader $8.9 billion settlement of claims that its Baby Powder as well as other talc products cause cancer. Is talc really that bad.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay different types of cancer victims as part of bankruptcy settlement. Is talc really that bad. J&J has said that its products containing talc are safe and don’t cause cancer. It’s trying for a second time to resolve more than 38,000 cases in bankruptcy and stop new cases from coming forward in the future.
LTL’s bankruptcy plan would pay $400 million into an additional trust to settle claims brought from state attorney generals claiming that J&J violated state unfair business practices as well as consumer protection laws through misleading consumers regarding the dangers of its talc products.
Some states had started consumer protection lawsuits against J&J prior to the time that LTL’s bankruptcy filing stopped these investigations from moving forward in 2021. Is talc really that bad. New Mexico and Mississippi had already launched actions against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court filings.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished along with cancer sufferers as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. have argued that a profitable company such as J&J does not qualify for bankruptcy protections meant for the struggling debtors.
The company’s initial attempt to resolve the lawsuits in bankruptcy was dismissed following similar arguments, when a U.S. appeals court ruled in favor of LTL did not have “financial financial distress” and ineligible of bankruptcy protection. Is talc really that bad. LTL declared bankruptcy a second time in just two hours following the dismissal, arguing the second bankruptcy was different because there was less money available and more support for a settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates state law enforcement authorities by seeking to unilaterally limit LTL’s liability to state consumer protection laws.
Is Talc Really That Bad
LTL’s filings for the new year also contained more information on how the company would assess and settle cancer claims if the bankruptcy plan is approved.
The maximum amount under the settlement would be $500,000 to those diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for people diagnosed with advanced ovarian cancer prior to age 45.
From there, the proposed settlement applies discounts depending on the nature and severity of cancer, the individual’s age, history of usage of talc and other variables. Is talc really that bad. For instance the case of a woman who used talc products weekly, had an ancestral history of ovarian cancer and was diagnosed with stage II ovarian cancer at the age of 55 may be eligible for a $21,125 payout under the settlement plan.
Judge orders J&J, talc opponents to engage in settlement talks.
Following another hearing in Johnson & Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy to settle talc lawsuits and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing the plan to enter into settlement talks, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL management, a subsidiary founded by J&J to manage the claims company made a settlement offer of $8.9 billion. Is talc really that bad. While a group of law firms representing plaintiffs is in favor of the offer, another group is against the settlement.
Earlier this week, the opposition group, called the Official Committee of Talc Claimants and urging the bankruptcy court for dismissal of the matter by saying that LTL cannot be regarded as to be in financial trouble.
“The filing is a desperate and legally ineffective attempt by a few of law firms to try to stop claimants from deciding on the resolution plan–a plan that the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Is talc really that bad. “The law firms behind this filing have financial interests that clash with, contradict and infringe on the rights which their clientele. We’ll soon submit a response to the appellate court.”
Is talc really that bad. Clay Thompson, a lawyer for MRHFM, which boasts more than patients with mesothelioma who have sued J&J for bankruptcy, told J&J’s second bankruptcy attempt failed.
“J&J publishes press release that boast about how amazing its plans are, but is demanding that plan details–including what the individual sick individuals would be treated to,” Thompson said in an email. “What is J&J’s plan to cover up?”
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Kaplan has instructed both sides to create a restructuring plan, with the oversight and supervision of mediators.
In February 2022, Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would free J&J from the hundreds of thousands of claims related to its talcum-based products.
However, in the month of January, an appeals court in the United States overturned the decision, deciding that the company could not be considered in “financial difficulty.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was denied at the end of April J&J applied for its first bankruptcy two hours after. In response, Kaplan froze the lawsuits for 60 days to decide whether or not to approve the second bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B settlement charge for talc.
In the 2 Chapter 11 attempts, J&J has been able to buy 19 months in which cases were placed suspended. Is talc really that bad. The company would like claimants to decide whether they want to accept the settlement. J&J requires 75% acceptance for the deal to go through.
In addition to the group of talc lawyers who panned LTL’s bankruptcy plan as well, the U.S. Trustee is an arm that is part of the U.S. Department of Justice is also submitting a motion to dismiss the second bankruptcy case of LTL.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest but unfortunate debtors.” Those doors “are not open to any parties who do not have a legitimate bankruptcy objective or seek to use the bankruptcy process to delay or hinder their creditors.” Vara continued.
For its part, J&J maintains there is no conclusive evidence that its Talc products, which includes its iconic baby powder, cause cancer. J&J has been taking the products of the market, first 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 decided during trial, however, some losses have been very harsh.
A high-profile trial in Missouri resulted in an $4.7 billion verdict against the drugmaker that was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine talc trials that are either being appealed or resolved. Of the 41 trials, 32 ended with winning for J&J as well as mistrials or plaintiff verdicts that were dismissed in appeal. Is talc really that bad. The company also has announced plans to settle nearly 1000 cases at a cost of 100 million dollars, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Really That Bad
Our lawyers are handling baby powder lawsuits across every state. The talcum powder lawsuits for Johnson & Johnson have been going on for a long time. Is talc really that bad. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in products like Shower to Shower Powder or Shower to Shower as well as other products, may cause ovarian cancer in some women.
This page gives a J&J Talc Power Update and provides an overview of how the upcoming bankruptcy ruling impacts the ultimate settlement amounts of the ovarian cancer lawsuits.
Did the deadline expire for you to bring a talcum lawsuit? Many people who think the statute of limitations has passed to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Really That Bad
June 2 2023 Update: During the asbestos talc case that took place in California yesterday, a couple of technical issues halted the opening statements of the defense attorneys. Is talc really that bad. Jurors at home via Zoom, did hear Johnson & Johnson’s lawyer voice his doubt about the science of the 70s that claimed asbestos was present in their product, but the trial was abruptly closed.
The plaintiff could present the first of their witnesses, Arthur Langer. Langer explained that the occurrence of other minerals alongside talc is inevitable. He claimed that his group was notified by J&J in 1971 of the presence of chrysotile asbestos within the talc produced by the company, although in less than 0.1 percent. He also uncovered more asbestos in the year 1976.
June 1st, 2023 Update: Is talc really that bad. The first trial since J&J has decided to separate its talc division, and then declare bankrupt marks a pivotal moment in the ongoing talc litigation controversy. Trial began yesterday in the heartbreaking trial of a young plaintiff who was diagnosed with a rare and aggressive form of mesothelioma in the past year, a diagnosis lawyers on both sides agree is a tragedy of a different kind.
Opening statements revealed huge differences between the sides’ narrative. The attorney for the plaintiff took aim against Johnson & Johnson, alleging that the company employed deceitful techniques in its research practices and throughout the litigation process. According to the attorney Johnson & Johnson tried to alter asbestos’ definition, in spite of internal documents dating from 1978 and 1994 showing that fibers discovered in the tissue of the plaintiffs are included.
Johnson &J’s highly uncertain $8.9 billion settlement proposal hangs in the balance as we development of the trial. Despite the distinct nature of this mesothelioma case and its unique challenges compared to the majority of talcum powder lawsuits ruling in favor of the plaintiff could cause an enormous setback for J&J’s hopes for broad acceptance of their proposed settlement with plaintiffs.
May 31st, 2023: Update from Johnson and Johnson’s bankrupt talc unit strongly defended their Second Chapter 11 filing in the facing challenges from talc injury claimants. In an opposition filed with the New Jersey bankruptcy court, the company argued that the filing differed fundamentally from the first filing. It emphasized the unprecedented commitment to $8.9 billion from J&J which is the biggest settlement ever to be made in an bankruptcy case involving mass torts. Is talc really that bad. Not mentioned: how the magnitude of the settlement signifies that it’s an equitable settlement. J&J also claimed support from several plaintiffs’ legal companies representing over 60,000 claimants. This is not easy to confirm but likely incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s bankruptcy in 2021 filing, the first trial involving its cosmetic talc items allegedly that contain asbestos is scheduled to start jury selection on Monday in California with Alameda County Superior Court, which is a well-known place for plaintiffs. The plaintiff claims his mesothelioma was triggered by asbestos exposure through J&J’s products, an allegation J&J has denied. The trial also includes six retailers accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are fighting over who should be chosen to fill the post of the claims representative in the future, the role is crucially critical to resolving claims involving talc. Is talc really that bad. Randi Ellis, a lawyer who frequently appears in MDLs throughout the United States was appointed the claims representative in the first bankruptcy. J&J’s defense team wants Ellis to be appointed in that position yet again, but the lawyers for the plaintiffs in talc are arguing due to the fact that Ellis has an interest conflict that should prevent her from assuming that position once more. The dispute stems from issue that Ellis was believed to have been involved in drafting the controversially contesting second bankruptcy, raising doubts regarding her capacity to remain neutral. It’s true that this bankruptcy will likely to be tossed out anyway.
May 17th, 2023 Update: The pretend company that J&J created to settle the talc litigation bankruptcy informed the New Jersey bankruptcy court that they have designated $400 million to settle the allegations made by states who accuse the company of deceitful advertising regarding its talc products. Is talc really that bad. It’s a $8.5 billion settlement to cancer victims. It is hard to imagine an eventuality where J&J could push these baby powder settlements through at these numbers. While J&J’s proposed $8.5 billion offer seems like a large sum initially, it does not look good when you look at the numbers. This settlement proposal – by our rough calculations – would not offer victims anything more than a median settlement of $100,000 per case. That’s not enough.
May 15th, 2023 Update: J&J is potentially facing a lawsuit by an advocacy group that represents cancer victims. Is talc really that bad. The group claims J&J intentionally withdrew an $61.5 billion funding agreement with its subsidiary, LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group argues that this act is equivalent to a fraudulent transfer of the rights of compensation for victims. They are planning to study J&J’s actions in the wake of the dismissal of LTL’s first bankruptcy case.
May 10 2023 Update: During the next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to reject the second bankruptcy filing that was filed by J&J subsidiary LTL Management. In the meantime, it has approved an order which requires both sides to participate in a new settlement mediation with the hopes of achieving it will be possible to reach a global settlement agreement brokered.
May 5th, 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer from asbestos exposure. Is talc really that bad. Over 2,700 individuals have sued the company and it is spending $1 million a month for legal defense. The company’s recent $29 million verdict on the state of South Carolina forced it to seek bankruptcy protection, arguing for equitable distribution of assets among talc claimants instead of being confiscated by the receiver. Other suppliers of talc have declared bankruptcy because of lawsuits.
May 4, 2023 update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen talks on settlement with lawyers who have rejected the proposed $8.9 billion agreement. In Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps for another bankruptcy proceeding and Judge Kaplan pushed more settlement talks.
This is the best way to settle these claims with J&J. The baby powder settlement is likely to be made. Is talc really that bad. But it will require additional money – perhaps billions of dollars – of Johnson & Johnson.
Lawyers have a split opinion on whether to accept the proposal and not all clients view the issue the same way their lawyer views it. This second case of bankruptcy is likely to fail, with Judge Kaplan has set a date for a hearing in June to decide if he will dismiss the bankruptcy for the second time.
May 3 2023 Update A group of cancer patients who have sued Johnson & Johnson (J&J) asked to have the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation regarding talc-related products. The group representing the claimants made a motion Tuesday asking that the Third Circuit to consider their case and send it back an earlier court with instructions for dismissing the bankruptcy. Is talc really that bad. They also asked that the halted tort litigation against J&J be allowed to continue.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected by the Third Circuit earlier this year which offered a $8.9 billion payment. The committee believes that the recent decision allowing LTL’s 2nd Chapter 11 to continue, while also halting trials against J&J and J&J, requires the immediate Third Circuit review. The US Trustee requested an 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 intends to file a statement in the appeals court calling the request a “desperate and legally flawed effort” by a few of law firms that have conflicting financial interests.
May 1st, 2023 Update: One frequently asked question is how could plaintiffs and their lawyers be able to turn on $8.9 billion. That’s of course a lot of money. However, there are lots of victims. Is talc really that bad. These are actually a good cases for plaintiffs. We were reminded of this last week when two talc cases ended in large verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon led to an award of $18.1 million. The following month, a second mesothelioma-related talc case went to hearing within South Carolina and resulted in the verdict of $29 million in favor of plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc., one of the top producers of talc in the U.S.
April 30 2023 Update: J&J first attempted to drag the lawsuit over talcum powder into bankruptcy, they came with the option of putting aside $2 billion for settlements. This was an absurdly low amount. None of the talc plaintiffs believed in the proposal. This time, however, J&J has increased the offer to $8.9 if the talc plaintiffs agree to a bankruptcy settlement and they also have the support of a large part of the talc-related plaintiffs and their lawyers. Is talc really that bad. But 75% of the plaintiffs who are a talc, which is needed for approval of the bankruptcy plan is a difficult road with so many lawyers with large collections of baby powder litigations opposed in favor of the deal.
What could solve the impasse? More billions.
April 25, 2023, Update Talc cancer claimants have demanded a judge reject the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, which claims that the business is not financially troubled. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Is talc really that bad. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not a candidate for bankruptcy relief since it had not demonstrated financial stress.
The claimants contend that the third Chapter 11 case is an misuse of the bankruptcy system and it’s being pursued in bad good faith. J&J asserts that the bankruptcy settlement is backed by “significant support” from firms representing about 60,000 potential people who are claiming. It is fair to say that plaintiffs’ lawyers and victims are divided over what they believe is an $8.9 billion offer for settlement.
April 21, 2023 Update: A bankruptcy judge has ruled in favor of Johnson & Johnson must face new lawsuits claiming that the company sold baby powder that was contaminated and causing cancer. Although trials for the lawsuits involving talc are delayed for at least 60 days but new lawsuits can be filed, and lawyers may begin to prepare their cases. Is talc really that bad. Judges expressed skepticism about J&J’s attempt to revive its strategy by filing a second bankruptcy trial.
April 13, 2023: Update on the most important story is that there’s an $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer victims who are part of MDL class action MDL Class Action have promised to fight the settlement along with Talc claimants. Why? They believe it’s too little money for the more than 70,000 cancer victims. Is talc really that bad. The lawyers say that J&J could negotiate a greater settlement or pursue individual claims if the latest bankruptcy is declared unconstitutional.
There is a different lawyer group that isn’t part of the leadership in this class action. These lawyers have collectively amassed the equivalent of tens of thousands of lawsuits. The group is seeking to settle the case now with what they believe is less than these victims deserve. Their argument appears to be twofold. First, they argue the settlement, which is about 100 million dollars on average per plaintiff is fair.
That is a hard argument to argue. However, their second argument has more force: victims should be no longer patient and demand their money now.
April 12 2023 Update: Some people are asking how J&J is able to file for bankruptcy again. The answer is complex and confusing. But let’s try to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only method to settle both present and future lawsuits involving talc conclusively. Also, it believes it can pay less when there is a bankruptcy component that applies pressure to negotiate a settlement. Is talc really that bad. In a quest to cover the 400-year span of American past, the company believes that bankruptcy is beneficial to all parties because it distributes settlements more equally and more efficiently than trial courts where litigants are awarded significant award while others do not.
The basic tenet in the 3rd Circuit decision was this isn’t a case that involves the profit-making company that has a subsidiary to take the legal liability and declare bankruptcy – Congress thought of when drafting its Bankruptcy Code. But it also said the company was financially distress due to the fact that J&J promises unlimited funding.
So J&J jumped on the unlimited funding part of the agreement and did not promise that it would provide unlimited funds for lawsuits. J&J claims that its modified financing arrangements with its subsidiary address concerns of the appeals court while providing funds for claims. It’s as if giving victims lower amounts of money would resolve the problem at hand.
Lawyers representing cancer patients who oppose the agreement counter this by arguing that the plaintiff is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s previous decision. Hyperbole is not exempt attorneys representing the victims claim it the biggest “fraudulent move in United States history.”
Despite the legal jargon, J&J does not really think this bankruptcy will survive. It is however a method to push for this $8.9 billion settlement to keep the pressure on plaintiffs.
April 10 2023 Update: Bloomberg has an interesting piece on a law that has been passed within New Jersey that is shedding new light on litigation funding in the baby powder Class action suit. Funders for 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 in exchange for a portion of settlements. J&J is now offering an offer of $8.9 billion to settle lawsuits.
The funders’ involvement is public information because of a New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rule aims to respond to the increasing calls for the regulation of lawsuit funders. J&J has more than 60,000 claims when you include state and federal child powder-related lawsuits. Third-party funding of mass tort cases has its pros and pros and. But there is no question that we are seeing how third-party funding could level the playing field between individuals and big companies in court.
April 4, 2023 Update: It is pleasing to see the worm turning in this case. J&J has taken another blow this week, when they were denied by the Third Circuit denied J&J’s request to continue the automatic stay during the time that J&J appeals an order granting bankruptcy at the U.S. Supreme Court. It has froze thousands of talcum cases and stopped new lawsuits from arising 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 really that bad. When the 3rd Circuit ruled that this bankruptcy was invalid just a few months ago the stay was revoked. J&J was hoping to have it stayed in place until its 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. There is a chance that is that the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay fully lifted, the first new cases were filed and incorporated into the talcum powder class action MDL within a year. Seven new talc lawsuits have been added to the MDL in the past month and brought the total number of cases pending to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now calling for be the U.S. Government Accountability Office (GAO) start an investigation into the amount J&J products containing talc have cost the government over the decades.
In a recent letter addressed 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 on treating people who suffered injuries from exposure to the product. The suit comes just a few days after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Is talc really that bad. J&J must begin making reasonable settlements for victims in order to put all of this behind it. It is a stain on one of the most prestigious companies.
February 14 2023 Update: At an appearance today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc really that bad. 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!