You May be Entitled to Significant Compensation Is talc safe in cosmetics. 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 will make payments of 400 million dollars to US state AGs. Is Talc Safe In Cosmetics .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its larger $8.9 billion plan to settle claims that its Baby Powder and other talc-based items cause cancer. Is talc safe in cosmetics.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company plans to pay different kinds of cancer patients in a bankruptcy settlement. Is talc safe in cosmetics. J&J has stated that its Talc products are safe, and will not cause cancer. The company is trying for the second time to end more than 38,000 cases in bankruptcy, and to prevent any new cases from coming forward in the near future.
LTL’s bankruptcy plan will pay $400 million into a separate trust for lawsuits filed from state attorney generals claiming that J&J violated laws against unfair business practices in the State of New York as well as consumer protection laws by misinforming consumers regarding the dangers of its talc products.
A number of states had already initiated consumer protection cases against J&J before LTL’s first bankruptcy filing prevented these investigations from proceeding in 2021. Is talc safe in cosmetics. New Mexico and Mississippi had already initiated suit with Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas, according to LTL’s court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy as well as cancer patients and their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making company such as J&J cannot benefit from bankruptcy protections meant for people with debt problems.
The company’s initial attempt to resolve the bankruptcy-related lawsuits was rejected after the same arguments. In the end, a U.S. appellate court ruled in favor of LTL wasn’t in “financial difficulty” and ineligible under bankruptcy law. Is talc safe in cosmetics. LTL had filed for bankruptcy again less than two hours after the decision to dismiss, arguing that the second bankruptcy was different in that it had less money and more backing for a settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s new bankruptcy violates the law enforcement powers of the state by trying to unilaterally cap the liability of the company for state consumer protection measures.
Is Talc Safe In Cosmetics
The filings of LTL’s latest bankruptcy proceedings also include additional details about how the company would evaluate and pay claims for cancer when the bankruptcy plan is approved.
The most significant payments under the settlement would be $500,000 to those diagnosed with mesothelioma that is terminal before age 45 and $260,000 for those who have been diagnosed with cancer of the ovary before age 45.
The proposed settlement provides discounts based on the kind and severity of cancer, the patient’s age, history of talc use and other factors. Is talc safe in cosmetics. For instance someone who regularly used talc products on a weekly basis, who had an ovarian cancer family history, cancer and was diagnosed the stage 2 ovarian cancer when she was 55 might qualify for a $21,125 payment under the plan.
Judge gives order to 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 settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the strategy to engage in negotiations to settle the matter, Bloomberg reports.
In its second bankruptcy effort for LTL Management, a subsidiary created by J&J to hold the claims–the company proposed a settlement of $8.9 billion. Is talc safe in cosmetics. While a firm representing plaintiffs agree with the settlement, a different group is opposed to the offer.
Earlier this week, the opposition group, called the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss this case by argument that LTL is not a factor financially distressed.
“The filing is an unjust and legally flawed attempt by a small number of law firms to try to stop claimants from deciding on the resolution plan, a plan the vast and growing majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Is talc safe in cosmetics. “The law firms behind this filing have financial interests that do not align with, differ from and oppose the interests of their clients. We will be submitting an answer to the appellate court.”
Is talc safe in cosmetics. Clay Thompson, a lawyer for MRHFM, which has more than 80 mesothelioma victims who have sued J&J for bankruptcy, told J&J’s second bankruptcy attempt will fail.
“J&J issues press releases about how wonderful the plan is but simultaneously insisting that the details of its plan–including the treatment each sick person will receive,” Thompson said in a statement. “What do they have to hide?”
Kaplan has commanded the parties to come up with another reorganization plan, under the supervision from two mediators.
On February 20, 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would relieve J&J from the tens of thousands of claims regarding its talcum products.
But in January of this year, an appeals court in the United States overturned the decision, deciding that the company was not able to be considered to be in “financial difficulty.”
When J&J’s attempt to challenge the U.S. Supreme Court was dismissed the same month, J&J declared bankruptcy about two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow the second bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B talc litigation charge.
With the two Chapter 11 attempts, J&J has purchased 19 months of which cases have been suspended. Is talc safe in cosmetics. The company is requesting that claimants vote on accepting their settlement. J&J would need 75% support for the settlement to be approved.
Alongside the group of talc lawyers that criticized the bankruptcy of the company, the U.S. Trustee, a branch that is part of the U.S. Department of Justice has also filed an application to dismiss LTL’s second bankruptcy.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest but unfortunate debtors.” The doors “are not available to anyone who do not have a legitimate bankruptcy reason or want to abuse the bankruptcy process to hinder or delay their creditors.” Vara continued.
For its part, J&J maintains there is no conclusive evidence that its talc products, including the famous baby powder, can cause cancer. J&J has taken its products off from the market and will first launch them for North America in 2020–and the rest of the world this year.
J&J wants to avoid the expense of going to court. J&J has won most of the cases that have been decided during trial, however, some losses have been very punitive.
A high-profile trial in Missouri ended 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
In all, J&J has lost nine trial involving talc that are being appealed or settled. In 41 trials 32 have resulted in the favor of J&J, a mistrial or verdict for a plaintiff that was overturned in appeal. Is talc safe in cosmetics. The company also in 2020 negotiated to settle around 1000 cases for 100 million dollars, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Safe In Cosmetics
Our lawyers handle the baby powder litigation in every state. The talcum powder lawsuits against Johnson & Johnson have been in the process for several years. Is talc safe in cosmetics. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in products like Baby Powder along with Shower to Shower which can cause cancer of the ovary in certain women.
This page offers an J&J Talc Power litigation update and explains how the forthcoming bankruptcy ruling will impact the final settlement amounts of the ovarian cancer lawsuits.
Have you reached the deadline by which you to file a talcum powder lawsuit? Many who assume the deadline has passed to sue Johnson & Johnson are wrong. Call us at 800-553-882 or get a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Safe In Cosmetics
June 2, 2023 Update: During an asbestos talc court trial held at the trial in California yesterday, technical issues halted the opening statements of the defense attorneys. Is talc safe in cosmetics. Jurors from their homes via Zoom but did not hear Johnson and Johnson’s lawyer express skepticism about the 70s science that claimed asbestos was present in their product prior to the proceedings abruptly ended.
Meanwhile, the plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer explained that the occurrence of other minerals alongside talc is inevitable. He testified that his team had notified J&J in 1971 about the presence of chrysotile asbestos the talc produced by the company, although in lesser than 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update: Is talc safe in cosmetics. The first trial since J&J made the decision to split its talc segment and file for bankruptcy marks an important point within the ongoing lawsuit controversy. The trial started yesterday in the harrowing case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma in the past year, an illness that lawyers on both sides believe is a grave tragedy.
Opening statements revealed distinct differences between each side’s narrative. The attorney for the plaintiff took aim on Johnson & Johnson, alleging the use of misleading methods in their research practices as well as throughout the litigation process. In the words of attorney the company attempted to manipulate asbestos’ definition, despite internal documents from 1998 and 1994 that show fibers discovered in the tissue of the plaintiff are included.
Johnson & Johnson’s precarious $8.9 billion settlement is hanging in the balance as we course of this trial. Despite the particularity of this mesothelioma lawsuit and its distinct issues compared to the majority of talcum powder lawsuits A verdict in favor of the plaintiff could be an enormous setback for J&J’s hope of gaining broad acceptance for the settlement they have proposed among plaintiffs.
May 31, 2023 Update: Johnson and Johnson’s bankrupted talc unit has strongly defended its 2nd Chapter 11 filing in the face of challenges from victims of talc injuries. In an appeal to the New Jersey bankruptcy court, the subsidiary argued that the case was fundamentally different from the first filing. It highlighted the extraordinary commitment to $8.9 billion by J&J as the largest ever settlement in an bankruptcy case involving mass torts. Is talc safe in cosmetics. Not mentioned: how the size of the settlement means it is a fair settlement. J&J also claimed that it received support from various plaintiffs’ law firms representing over 60,000 claimants. This is not easy to confirm however it is likely to be incorrect.
May 24 2023 Update: As of Johnson &J Johnson’s bankruptcy filing, the very first trial involving its cosmetic talc products that are believed to with asbestos content is scheduled to start jury selection on Monday, California within the Alameda County Superior Court, which is a well-known place for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure resulting from J&J’s products, an allegation the company has denied. The trial also involves 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 role of a future claims representative, a role that is critically essential in resolving the talc claims. Is talc safe in cosmetics. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the United States was appointed the claims representative during the first bankruptcy. J&J’s defense group wants Ellis to be appointed to this position again, but lawyers for the plaintiffs in talc are arguing to the claim that Ellis has conflicts of interest that should prevent her from assuming that position again. The issue stems from the issue that Ellis was involved in the creation of the hotly contesting second bankruptcy, which raises doubts regarding her capacity to remain neutral. However, the reality is that this bankruptcy is likely to be dismissed in the end.
May 17th, 2023 Update: The pretend company that J&J put together for the talc litigation bankruptcy informed a New Jersey bankruptcy court that they had allocated $400 million to settle claims brought by states accusing J&J of misleading marketing for its talc-based products. Is talc safe in cosmetics. So that makes it an $8.5 billion settlement to cancer victims. It’s difficult to envision an eventuality where J&J could push these settlements for babies with these numbers. Although J&J’s $8.5 billion offer might seem like a huge sum initially, it does not look good when you do the math. The proposed settlement based on our rough calculations, would not provide victims with much more than a median settlement of $100,000 per case. This isn’t enough.
May 15 2023 update: J&J may be in the middle of a lawsuit from an advocacy group representing cancer victims. Is talc safe in cosmetics. The group argues that J&J deliberately withdrew a $61.5 billion funding agreement that it had with its company subsidiary LTL Management LLC, to create the appearance of financial hardship and to validate the company’s Chapter 11 bankruptcy filing. The group claims that this move is a fraud transfer of victims’ compensation rights. They will investigate J&J’s actions following of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: During the next week next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy filing that was filed by J&J company LTL Management. In the meantime, the bankruptcy has issued an Order that requires both parties to participate in a new settlement mediation to see if an international settlement agreement can be reached.
May 5th, 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer from asbestos exposure. Is talc safe in cosmetics. More than 2700 people have filed lawsuits against the company and it has been paying $1 million per month to defend itself. The company’s recent $29million settlement in South Carolina forced it to apply for bankruptcy protection and argue for an equitable distribution of assets among talc claimants instead of being confiscated in the hands of the receiver. Other talc suppliers have also filed for bankruptcy due to legal proceedings.
May 4 2023 Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to restart talks on settlement with lawyers who turned down the company’s proposed $8.9 billion agreement. In Trenton, New Jersey yesterday the parties gathered in court to discuss the next steps for their second bankruptcy matter. Judge Kaplan was pushing for more settlement discussions.
This is the answer to resolve the claims of J&J. A baby powder settlement could get done. Is talc safe in cosmetics. But it’ll need more money, more billions of dollars – by Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not every client views the issue the same way their attorney does. This second case of bankruptcy is likely to fail, as Judge Kaplan has scheduled a hearing for June to determine if she will dismiss the bankruptcy for the second time.
May 3 2023 Update A group of cancer patients who have sued Johnson & Johnson (J&J) demanded an order from the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation over talc products. The group representing claimants for talc submitted a motion on Tuesday requesting to the Third Circuit to consider their case and send it back before a court of lower jurisdiction with instructions to dismiss the bankruptcy. Is talc safe in cosmetics. They also requested that the halted tort litigation against J&J allow the litigation to continue.
LTL applied for Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year and offered an $8.9 billion payment. The committee believes that the recent ruling, which allows LTL’s second Chapter 11 to continue, and also stopping trials against J&J is a reason for the 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 vice president for global litigation Erik Haas, was quoted by Bloomberg as saying that J&J intends to file a response in the appeals court declaring the filing an “desperate and legally insufficient attempt” by a select group of law firms that have different financial interests.
May 1st 2023 Update: A frequently asked question is how could plaintiffs and their lawyers be able to turn on $8.9 billion. That’s of course an immense amount of money. But there are a lot of victims. Is talc safe in cosmetics. These are an excellent arguments for plaintiffs. We were reminded recently when two talc cases have resulted in huge verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon resulted in a verdict that was $18.1 million. In the same month, a different mesothelioma trial involving talc was held for trial on the other side of South Carolina and resulted in the verdict of $29 million in favor of plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. one of the leading suppliers of talc in the U.S.
April 30, 2023 Update: When J&J first attempted to drag the talcum powder lawsuit into bankruptcy, it did so with an offer to set aside $2 billion for settlements. It was a ridiculously small amount. All of the talc plaintiffs were in favor of the offer. This time around, however, J&J has increased the offer to $8.9 in the event that the talc victims accept a bankruptcy settlement and they have the support of a substantial segment of the talc plaintiffs and their attorneys. Is talc safe in cosmetics. But with 75% of plaintiffs in the talc category, which is necessary for bankruptcy plan approval It’s a long and difficult process due to the sheer number of lawyers with large inventory of baby powder-related lawsuits, opposed against the proposed settlement.
What are the solutions to the impasse? More billions.
April 25, 2023 Update Talc patients have asked a judge to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Is talc safe in cosmetics. It was the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not eligible for bankruptcy relief since it had not demonstrated financial difficulties.
The claimants contend that LTL’s third Chapter 11 case is an misuse of the bankruptcy system, and that it’s being pursued in bad good faith. J&J states that the bankruptcy settlement receives “significant support” from firms representing an estimated 60,000 people who are claiming. It’s fair to say that plaintiffs’ lawyers and victims ‘ lawyers are divided on the $8.9 billion amount of settlement offered.
April 21, 2023 Update: A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. Although the trials for talc lawsuits are paused for at least 60 calendar days however, new lawsuits may be filed, and lawyers will begin preparing their cases. Is talc safe in cosmetics. Judges expressed doubt about J&J’s attempt to relaunch its strategy in a second bankruptcy case.
April 13th 2023 update: the biggest announcement is an $8.9 billion over 25 years settlement offer. Lawyers representing cancer patients who are part of MDL class action MDL collective action promised to fight the settlement with talc claimants. Why? They believe it’s not enough money for more than 70,000 cancer victims. Is talc safe in cosmetics. The lawyers say that J&J should negotiate a larger settlement or pursue individual claims if the latest bankruptcy is dismissed.
However, there is a second lawyer group that isn’t part of the leadership of group action. The lawyers collectively have accumulated the equivalent of tens of thousands of lawsuits. They want to settle today with what they believe is lower than what the victims should be paid. Their argument seems to be two-fold. First, they argue that the settlement, which is about 100,000 dollars per plaintiff is fair.
It’s a difficult argument to prove. But their second argument has more substance: the victims will not afford to wait any longer and need their money today.
April 12 2023 Update: Some people are wondering if J&J could file for bankruptcy again. The answer is complex and confusing. Let’s try to clarify it simply.
Johnson & Johnson asserts that bankruptcy is the only option to resolve both current and future lawsuits involving talc conclusively. In other words, it believes it can pay less if there is a bankruptcy element that creates pressure to settle. Is talc safe in cosmetics. In a quest to cover the 400-year span of American past, the company claims that bankruptcy benefits everyone by dispersing settlement payments more equitably and effectively than trial courts, which are where litigants get significant payouts, while others are left with nothing.
The main thrust in the 3rd Circuit decision was this is not a case of the profit-making company that has subsidiaries to meet the legal responsibility and declare bankruptcy – Congress thought of when drafting its Bankruptcy Code. However, it also stated it was not financially trouble because J&J assured it of unlimited funding.
This is why J&J jumped on the unlimited funding portion of the contract and didn’t make any promises that it would provide unlimited funds for lawsuits. The company says that its modified financing arrangements with its subsidiary will address concerns of the appellate court, while providing funds for claims. As if providing victims with lower amounts of money would resolve the underlying issue.
Attorneys 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 of assets away from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole did not go unnoticed: victims’ lawyers call this the biggest “fraudulent transaction of assets in United States history.”
In spite of the legal jargon, J&J does not really think that the bankruptcy will endure. But it is a way of trying to push this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10, 2023 Update Bloomberg has an interesting piece on a law that has been passed of New Jersey that is shedding new light on the funding of litigation in the baby powder plaintiffs in the class action. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) regarding talc products, in exchange in exchange for a portion of winnings. J&J has now offered the payment of $8.9 billion to settle all lawsuits.
The funders’ involvement is made public due to the New Jersey court rule requiring the release of certain details about funders outside the state. The law is designed to tackle the growing demands for the regulation of lawsuit funders. J&J has to deal with more than 60,000 lawsuits when you include federal and state Baby Powder lawsuits. Third-party financing in mass tort cases has both pros and cons. But there is no question that we are witnessing how third-party funding could level the playing field for 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 maintain the automatic stay while J&J appeals a bankruptcy decision to the U.S. Supreme Court. Automatic stays have froze the cases of talcum powder in a number of years and stopped any new lawsuits from being filed ever since J&J began the controversial plan to spin talc-related liabilities off into a bankrupt company over one year back. Is talc safe in cosmetics. After it was decided that 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 continue in the meantime of the SCOTUS appeal. However, 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 16, 2023 Update: with the bankruptcy stay now fully lifted, the first new cases have been filed and transferred into the Talcum Powder class action MDL in over one year. Seven new talc lawsuits have been joined to the MDL during the month of March which brings the total number of cases pending to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee has now demanded that authorities from the U.S. Government Accountability Office (GAO) begin an investigation to determine how much J&J Talc products have cost the government over the many years.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of not recognizing the risks of its talc products for decades while tax dollars were spent treating those injured by exposure to the product. This lawsuit comes a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is talc safe in cosmetics. J&J needs to start making reasonable settlement proposals to victims, in order getting this behind it. It is a stain on one of the greatest firms.
February 14 2023 Update: During the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc safe in cosmetics. 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!