You May be Entitled to Significant Compensation Is talc safe for 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 talc settlement would make payments of 400 million dollars to US state AGs. Is Talc Safe For Skin .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its wider $8.9 billion effort to settle allegations that its Baby Powder and other talc-based products cause cancer. Is talc safe for skin.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm plans to pay different kinds of cancer victims as part of an arrangement for bankruptcy. Is talc safe for skin. J&J has said that its products containing talc are safe and don’t cause cancer. The company is trying for a second time to resolve more than 38,000 cases in bankruptcy, as well as prevent new lawsuits from being filed in the future.
LTL’s bankruptcy plan will pay $400 million to a separate trust for claims filed from state attorney generals claiming that J&J was in violation of state unfair business practices and consumer protection laws through misleading consumers regarding the security of its talc-based products.
A number of states had already initiated consumer protection actions against J&J before LTL’s first bankruptcy filing stopped these investigations from taking place in 2021. Is talc safe for skin. New Mexico and Mississippi had already initiated lawsuits 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 filings.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL along with cancer sufferers as well as The U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making company such as J&J is not eligible for bankruptcy protections designed for struggling debtors.
The first attempt by LTL to resolve the lawsuits in bankruptcy was dismissed following similar arguments. The U.S. appellate court ruled the LTL had not been in “financial trouble” and was not eligible for bankruptcy protection. Is talc safe for skin. LTL filed a second bankruptcy less than two hours after the dismissal, saying that the second bankruptcy was different as it had less money available and had more support for the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates state law enforcement authorities in attempting to unilaterally limit LTL’s liability to state consumer protection measures.
Is Talc Safe For Skin
LTL’s new filings also included more information on the way in which the company will evaluate and pay cancer claims should the bankruptcy plan be approved.
The maximum amount under the settlement will be $500,000 for people diagnosed with mesothelioma that is terminal before the age of 45, and $260,000 for patients diagnosed with advanced ovarian cancer prior to age 45.
The proposed settlement offers discounts based on the nature and severity of the cancer, the person’s years of age, their history of using talc and other factors. Is talc safe for skin. For instance, a woman who used daily talc products, had a family history of ovarian cancer and was diagnosed Stage II cancer of the ovary by age 55 may qualify to receive a payout of $21,125 under the program.
Judge ordains J&J and talc oppositionists to participate in settlement talks.
After another round of hearings in Johnson & Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the plan to hold negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL management, a subsidiary founded by J&J to hold the claims–the company proposed a settlement of $8.9 billion. Is talc safe for skin. While a firm representing plaintiffs is in favor of the offer, another group is against the settlement.
Earlier this week, the opposition group, which is known as the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss the case argument that LTL cannot be regarded as in financial hardship.
“The filing is a desperate and legally ineffective attempt by a few of law firms to stop claimants from deciding on the resolution plan – a plan the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Is talc safe for skin. “The law firms that are behind the filing are pursuing financial interests which clash with, differ from and are in opposition to the interests of their clients. We will be submitting an answer in the appeals court.”
Is talc safe for skin. Clay Thompson, a lawyer for MRHFM, which boasts more than mesothelioma clients who have sued J&J and J&J, has said that J&J’s second bankruptcy effort will fail.
“J&J sends out press releases about how great its plan is, while demanding that plan details–including what individuals with illnesses would be treated to,” Thompson said in a statement. “What do they have to cover up?”
Kaplan has commanded the parties to come up with another arrangement plan under the oversight by two mediators.
As of February 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the thousands of lawsuits related to its talcum-based products.
In January of this year, an appeals court of the federal government overturned the ruling, ruling that the company was not able to be considered in “financial difficulty.”
After J&J’s challenge the U.S. Supreme Court was denied in April, J&J applied for its first bankruptcy two hours later. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether to grant another bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B the talc litigation cost.
With the 2 Chapter 11 attempts, J&J has purchased 19 months of which cases have been in limbo. Is talc safe for skin. J&J wants the claimants to accept their settlement. J&J needs 75% acceptance in order for the agreement to be accepted.
In addition to the group of talc lawyers that criticized LTL’s bankruptcy plan in the U.S. Trustee, the U.S. Trustee is an arm belonging to the U.S. Department of Justice is also submitting an application to dismiss LTL’s bankruptcy second case.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest but unfortunate debtors.” These doors “are not open to parties that don’t have a legitimate bankruptcy reason or want to abuse 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-based products, such as its iconic baby powder, cause cancer. J&J has adopted the products of the market, first in North America in 2020–and the rest of the world next year.
J&J intends to steer clear of the expense of going to court. The company has won the majority of the cases that have been decided during trial, however, some losses have been punishing.
A highly-publicized trial in Missouri resulted in an $4.7 billion verdict against the drug company 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 trial involving talc that are on appeal or have been decided. In 41 trials 32 ended with the favor of J&J either through a mistrial or verdict for a plaintiff that was overturned on appeal. Is talc safe for skin. Additionally, the company in 2020 moved to settle more than 1000 cases for $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Safe For Skin
Our lawyers are handling baby powder cases in all 50 states. The talcum powder lawsuits in the case of Johnson & Johnson have been in the process for several years. Is talc safe for skin. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient in products such as Baby Powder or Shower to Shower which can cause cancer of the ovary in certain women.
This article provides the J&J talc power litigation update and explains how the forthcoming bankruptcy ruling will impact the final settlement amounts in the ovarian cancer lawsuits.
Has the deadline passed for you to make a claim for talcum powder? Many who believe that the time limit has expired to sue Johnson & Johnson are wrong. Call us at 800-553-882 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Safe For Skin
June 2 2023 Update: During the asbestos talc trial that took place in California yesterday, technical issues disrupted the opening statements made by defense attorneys. Is talc safe for skin. Jurors from their homes via Zoom and hearing the Johnson and Johnson’s lawyer express doubt about the science of the 70s affirming the presence of asbestos in their product before the opening was abruptly ended.
Meanwhile, the plaintiff could present its first expert witness Arthur Langer. Langer said that the presence of other minerals alongside talc is inevitable. He testified that his team had notified J&J in the year 1971 of the presence of chrysotile asbestos the company’s talc, albeit in lesser than 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update: Is talc safe for skin. First trial after J&J has decided to separate its Talc segment and file for bankruptcy marks an important moment for the ongoing litigation controversy. Trial began yesterday in the poignant trial of a young plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma last year. an illness that lawyers on both sides acknowledge is a tragedy of a different kind.
Opening statements revealed the huge differences between the sides’ narrative. The plaintiff’s attorney took aim at Johnson & Johnson, alleging the use of deceitful methods in their research practices as well as throughout the litigation procedure. The attorney claims that, according to, the company attempted to manipulate the definition of asbestos, in spite of internal documents from between 1978 and 1994 that showed fibers discovered in the tissues of the plaintiff are part of.
Johnson & Johnson’s precarious $8.9 billion settlement is hanging in the balance with the course of this trial. Despite the unique nature of this mesothelioma-related case and its distinct issues compared to other talcum powder lawsuits ruling in favor of the plaintiff could result in a serious setback to J&J’s expectations of widespread acceptance of their proposed settlement among plaintiffs.
May 31, 2023: Update from Johnson and Johnson’s bankrupt talc division strongly defended their two-time Chapter 11 filing in the opposition of talc injury claimants. In an appeal to the New Jersey bankruptcy court, the subsidiary argued that the filing was distinct from the first filing. It emphasized the unprecedented commitment to $8.9 billion to J&J which is the biggest settlement ever to be made in the history of a mass tort bankruptcy. Is talc safe for skin. 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 more than the 60,000 plaintiffs. This is not easy to confirm but is probably incorrect.
May 24 2023 Update: As of Johnson &J Johnson’s bankruptcy filing, the very first trial on its cosmetic talc items allegedly comprised of asbestos is set to start jury selection Monday, May 24, California at Alameda County Superior Court, the most favored location for plaintiffs. The plaintiff claims his mesothelioma is the result of asbestos exposure through J&J’s products and the company has denied. 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 now disputing who should be appointed to the position of future claims representative, which is vitally important to resolving the claim for talc. Is talc safe for skin. Randi Ellis, a lawyer who regularly appears in MDLs all over the nation was appointed 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 plaintiffs in talc are arguing due to the fact that Ellis has a conflict of interest which would prohibit her from holding that position once more. This conflict is rooted in the possibility that Ellis was reportedly involved in the drafting of the highly contesting second bankruptcy, which raises questions regarding her capacity to remain neutral. The reality is this bankruptcy is likely to be tossed out anyway.
May 17, 2023 Update: The fake company J&J formed for the talc bankruptcy told a New Jersey bankruptcy court that they have designated $400 million to settle claims of states that accuse the company of misleading advertising for its talc-based products. Is talc safe for skin. So that makes it an $8.5 billion settlement for cancer sufferers. It is hard to imagine a scenario where J&J can get these baby powder settlements through at these numbers. While J&J’s $8.5 billion offer seems like a lot initially, it does not look very appealing after you calculate the figures. This settlement offer based on our estimates – will not offer victims anything more than an average settlement $100,000 per instance. That is not enough.
May 15th 2023 Update J&J could be facing lawsuit from an advocacy group representing cancer patients. Is talc safe for skin. The group claims that J&J deliberately retracted the $61.5 billion contract for funding that it had with its company subsidiary LTL Management LLC, in order to create a false sense of financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of rights of compensation for victims. They will investigate J&J’s actions after the announcement of the denial of the first bankruptcy case of LTL.
May 10 2023 Update: Next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy filing of J&J company LTL Management. In the meantime it has approved an Order which requires both sides to participate in a new settlement mediation hoping that the global settlement can be come to fruition.
May 5th 2023 Update: The talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer from asbestos exposure. Is talc safe for skin. Over 2700 people have sued the firm and it has been paying $1 million per month for legal defense. The company’s most recent $29 million settlement in South Carolina forced it to pursue bankruptcy protection, and arguing for an equitable distribution of assets to talc claimants, rather than being taken by the receiver. Other talc suppliers have also declared bankruptcy because of legal proceedings.
May 4, 2023, Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume talks on settlement with lawyers who rebuffed the company’s proposed $8.9 billion offer for settlement. It was in Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps to take in another bankruptcy proceeding and Judge Kaplan has pushed for further settlement talks.
This is the way to resolve the claims of J&J. A baby powder settlement can be completed. Is talc safe for skin. However, it will require more money – billions of dollars from Johnson & Johnson.
Lawyers are split on whether or not to agree with the proposal and not every client views the situation the same way their lawyer sees it. The second bankruptcy case is likely to go nowhere with Judge Kaplan has scheduled a hearing for June to determine if she will remove the bankruptcy after the second.
May 3, 2023 Update The group of cancer patients who have sued Johnson & Johnson (J&J) requested an order from J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation over talc products. The group of talc claimants made a motion Tuesday requesting the Third Circuit to consider their case and to send it back to a lower court with instructions to discharge the bankruptcy. Is talc safe for skin. They also asked that the halted tort litigation against J&J should be permitted to proceed.
LTL filed for Chapter 11 protection once again after its bankruptcy filing was denied by the Third Circuit earlier this year, offering an $8.9 billion settlement. The committee argues that the recent decision allowing the second Chapter 11 to continue, while also halting trials against J&J is a reason for the immediate Third Circuit review. The US Trustee requested an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation Erik Haas, was quoted by Bloomberg as saying that J&J intends to file a reply in the appeals court, calling the request an “desperate and legally insufficient attempt” by a select group of law firms who have different financial interests.
May 1 2023 Update: A common question that people ask is how could plaintiffs and their attorneys turn down $8.9 billion. That’s of course quite a sum. There are a lot of victims. Is talc safe for skin. They are a great claims for plaintiffs. We were reminded of this last week with two talc trials ended in large verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon ended in an award worth $18.1 million. A month later, another mesothelioma-related talc case went to trials on the other side of South Carolina and resulted in a verdict of $29million in favor of plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. One of the top suppliers of talc in the U.S.
April 30 2023 Update: In the year 2023, when J&J initially attempted to pull the lawsuit over talcum powder into bankruptcy, it did so with an offer to set aside $2 billion for settlements. The amount was absurdly low. The talc plaintiffs had not were in favor of the offer. This time, however, J&J has increased the offer to $8.9 if the talc plaintiffs are willing to accept bankruptcy settlements and they have the support of a large section of the talc victims and their attorneys. Is talc safe for skin. But with 75% of talc plaintiffs, which is necessary for bankruptcy plan approval, it a tough road with so many lawyers with massive collections of baby powder litigations opposed against the proposed settlement.
What can be done to end the impasse? More billions.
April 25 2023 update: Talc plaintiffs have requested a judge to disqualify the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, which claims that the business is not financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Is talc safe for skin. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not eligible for bankruptcy relief since it did not show financial trouble.
The plaintiffs argue that LTL’s third Chapter 11 case is an overreach of the bankruptcy system and that it’s being pursued in bad faith. J&J claims the bankruptcy settlement receives “significant backing” from firms representing an estimated 60,000 people who are claiming. It’s fair to say plaintiffs’ lawyers and the victims are split over the $8.9 billion settlement offer.
April 21, 2023 Update: A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits alleging that it sold a baby powder that contained a chemical that causes cancer. Although trials for the lawsuits involving talc are delayed for a minimum period of 60 days and new lawsuits are able to be filed, and lawyers are able to begin preparing their cases. Is talc safe for skin. The judge expressed his doubts about J&J’s ridiculous effort to relaunch its strategy in a second bankruptcy case.
April 13, 2023 Update: The major announcement is an $8.9 billion over the next 25 year period settlement offered. Lawyers representing cancer victims in the MDL group action vowed to fight the settlement alongside those who claim talc. Why? They think it is not enough for those suffering from cancer who are 70,000. Is talc safe for skin. These lawyers argue that J&J should negotiate a larger settlement or settle individual claims if the most recent bankruptcy is declared unconstitutional.
However, there is a second set of lawyers who are not part of the top leadership in group action. They have amassed the equivalent of tens of thousands of lawsuits. They want to settle in what many believe to be less than these victims deserve. Their argument is two-fold. The first is that they claim the settlement – which amounts to an average of $100,000 per plaintiff – is fair.
This is an argument that is difficult to prove. The second argument is more substance: the victims will be no longer patient and demand to get their money right now.
April 12 2023 Update: People are looking for ways J&J is able to file for bankruptcy again. The answer is complex and complex. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to settle both present and future talc litigations in a definitive manner. That is, it thinks it will pay less if there is the bankruptcy element which applies pressure to negotiate a settlement. Is talc safe for skin. Going back to more than 400 years in American history, the company claims that bankruptcy benefits all parties as it distributes settlements more fairly and more efficiently than trial courts where some litigants receive significant award while others do not.
The essence in the 3rd Circuit decision was this isn’t a case that involves the profit-making company that has an entity to assume the legal liability and declare bankruptcy – something Congress thought of when drafting its Bankruptcy Code. However, it also stated that the entity was financially distress due to the fact that J&J assured it of unlimited funding.
So J&J did not hesitate to take advantage of the unlimited funding portion of the holding and did not promise to offer unlimited funding for lawsuits. The company claims that new financing agreements with its subsidiary addresses the concerns of the appeals court while providing funds for claims. It’s as if giving victims less money will solve the problem at hand.
Lawyers representing cancer patients who do not agree with the agreement counter this by arguing that the plaintiff 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 decision. Hyperbole did not go unnoticed: victims’ lawyers call it the most significant “fraudulent transaction in United States history.”
Despite all the legal jargon, J&J does not really believe that this bankruptcy will last. It is however a method to try and push the $8.9 billion settlement and keep the pressure on plaintiffs.
April 10 2023 Update Bloomberg has an interesting article on a new law within New Jersey that is shedding new light on litigation funding in the class action lawsuit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) on behalf of talc products. They exchanged in exchange for a portion of settlements. J&J is now willing the payment of $8.9 billion to settle all lawsuits.
The involvement of the funders is public information due to an New Jersey court rule requiring the release of certain details regarding outside funding backers. The law is designed to respond to the increasing calls for the regulation of litigation funders. J&J faces over 60,000 claims when you combine state and federal baby powder lawsuits. Third-party funding of mass tort cases has its pros and pros and. But there is no question that we are seeing the ways that third-party funding can even the playing field between people and big companies in court.
April 4, 2023 Update: It’s enjoyable to see the worm turn in this lawsuit. J&J was hit again this week when it was found that the Third Circuit denied J&J’s request to extend the automatic stay as J&J appeals an appeal before the U.S. Supreme Court. This automatic stay stopped thousands of talcum powder cases and stopped new lawsuits from arising ever since J&J began the controversial plan to spin the talc liabilities off into a bankrupt entity over one year earlier. Is talc safe for skin. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid a few months ago, the stay was removed. J&J had hoped to have it continued pending 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 16 2023 Update: with the bankruptcy stay now officially lifted, the very first new cases were filed and incorporated into the talcum powder class action MDL in just over a year. Seven new talc lawsuits have been brought into the MDL over the last month, bringing the total number of cases in the pending process up to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now requesting that the U.S. Government Accountability Office (GAO) initiate an investigation into the cost J&J product containing talc has cost the government over the years.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc-based products for decades 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 safe for skin. J&J should begin to make fair settlement offers to victims to getting this behind. It is a stain on one of the top firms.
February 14 , 2023 Update: At the hearing held 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 safe for 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!