You May be Entitled to Significant Compensation Johnson & Johnson talc litigation. 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 be worth the sum of $400 million US state AGs. Johnson & Johnson Talc Litigation .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of a broad $8.9 billion settlement of claims that its Baby Powder as well as other talc items cause cancer. Johnson & Johnson talc litigation.
J&J company 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 patients in an arrangement for bankruptcy. Johnson & Johnson talc litigation. J&J has declared 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 cases in bankruptcy and stop new cases from arising in the near future.
The bankruptcy plan of LTL would pay $400 million to an additional trust to settle claims made by state attorneys general alleging that J&J had violated state unfair business practices as well as consumer protection laws by misinforming consumers regarding the safety of its talc products.
A number of states had already initiated consumer protection lawsuits against J&J before LTL’s first bankruptcy filing stopped these investigations from taking place in 2021. Johnson & Johnson talc litigation. New Mexico and Mississippi had already brought suit for damages against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas in LTL’s court documents.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL 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 designed for the struggling debtors.
The first attempt by LTL to resolve the lawsuits in bankruptcy was rejected after the same arguments. In the end, a U.S. appellate court determined that LTL did not have “financial financial distress” and ineligible for bankruptcy protection. Johnson & Johnson talc litigation. LTL filed a second bankruptcy less than two hours after the dismissal, arguing its second attempt was different due to the fact that there was less money available and had a greater chance of securing the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss that LTL’s latest bankruptcy violation of state law enforcement authorities by attempting unilaterally to cap the company’s liability for state consumer protection laws.
Johnson & Johnson Talc Litigation
LTL’s new filings also included more information on the way in which the company will evaluate and pay claims for cancer if the bankruptcy plan is approved.
The maximum amount under the settlement will be $500,000 to those diagnosed with mesothelioma terminal prior to age 45 and $260,000 for those who have been diagnosed with ovarian cancer that is terminal prior to age 45.
The proposed settlement will offer discounts based on the kind and severity of cancer, an individual’s years of age, their history of usage of talc and other variables. Johnson & Johnson talc litigation. For example the case of a woman who used talc products on a weekly basis, who had the family history of ovarian cancer, and was diagnosed with stage II ovarian cancer when she was 55 might qualify for a $21,125 payout under the program.
Judge orders J&J and talc opponents to participate in settlement talks.
Following another hearing in Johnson and Johnson’s efforts to utilize a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the strategy to engage in settlement talks, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary set up by J&J to hold the claims–the company offered a settlement amounting to $8.9 billion. Johnson & Johnson talc litigation. While a group of law firms representing plaintiffs supports the offer, another group is opposed to the offer.
The previous week, the opposition group, known as the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss the case by saying that LTL cannot be regarded as in financial distress.
“The filing is an unjust and legally flawed attempt by a tiny number of law firms to try to stop claimants from deciding on the resolution plan – a plan the vast and growing majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Johnson & Johnson talc litigation. “The law firms that are behind this filing have financial interests that are in conflict with, contradict and oppose the interests that their customers. We’ll be submitting a response in the appeals court.”
Johnson & Johnson talc litigation. Clay Thompson, a lawyer for MRHFM who is home to more than mesothelioma victims who have filed lawsuits against J&J and J&J, has said that the second bankruptcy attempt of J&J is likely to fail.
“J&J issues press releases that boast about how amazing its plan is, while insisting that the plan’s details, including what individuals with illnesses would receive — be kept private,” Thompson said in a statement. “What do they have to cover up?”
Kaplan has directed the parties to create a reorganization plan, under the oversight from two mediators.
The court in February of 2022 Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would free J&J from the tens of thousands of claims over its talcum products.
However, in January of this year, an appeals court in the United States overturned the ruling, ruling that the firm could not be considered to be in “financial financial distress.”
In the event that J&J’s request to appeal to the U.S. Supreme Court was turned down the same month, J&J was granted a second petition for bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to accept to file for bankruptcy again.
J&J’s unstoppable profit engine goes out of control after $6.9B cost of litigation involving talc.
With the two Chapter 11 attempts, J&J has been able to buy 19 months in which the cases were on hold. Johnson & Johnson talc litigation. J&J wants the claimants to accept their settlement. J&J will require 75% of the vote for the settlement to be approved.
In addition to the gang of talc attorneys who have panned the company’s bankruptcy as well, the U.S. Trustee which is a division from the U.S. Department of Justice is also submitting motions to dismiss LTL’s bankruptcy second case.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest, but naive debtors.” Those doors “are not open to parties that don’t have a legitimate bankruptcy purpose or that seek to use the bankruptcy process to delay or hinder their creditors.” Vara continued.
To its credit, J&J maintains there is no proof conclusive that their Talc-based products, such as the famous 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 seeks to avoid the cost of going to court. It has won most of the cases that have been decided in court, however some losses have been very severe.
A high-profile trial in Missouri led to an $4.7 billion verdict against the drug maker that 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 cases involving talc, which are appealing or decided. Of the 41 trials, 32 ended with the favor of J&J or a mistrial, or plaintiff verdicts that were annulled upon appeal. Johnson & Johnson talc litigation. In addition, J&J in 2020 moved to settle around 1000 cases at a cost of 100 million dollars, Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Johnson & Johnson Talc Litigation
Our lawyers are handling the baby powder litigation in every state. The talcum powder lawsuits for Johnson & Johnson have been ongoing for years. Johnson & Johnson talc litigation. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in products such as baby Powder and Shower to Shower and Shower to Shower, could cause ovarian cancer in certain women.
This page gives a J&J update on the talc power litigation and examines how the coming bankruptcy ruling will affect the final settlement amounts of the ovarian cancer lawsuits.
Have you reached the deadline by which you to bring a talcum lawsuit? Many people who think the time limit has expired to sue Johnson & Johnson are wrong. Call us at 800-553-882 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Johnson & Johnson Talc Litigation
June 2 2023 Update: At the trial for asbestos-containing talc in California yesterday, some technical glitches interrupted the opening speech of defense lawyers. Johnson & Johnson talc litigation. Jurors from home on Zoom but did not hear Johnson &Johnson’s lawyer express skepticism about the 70s science asserting the presence of asbestos in their product before the proceedings abruptly ended.
The plaintiff was able to introduce its first expert witness Arthur Langer. Langer said that the presence of additional minerals along with the talc’s mineral content is inevitable. He claimed that his group advised J&J in the year 1971 about the presence of chrysotile asbestos in the company’s talc, albeit with just 0.1 percent. The asbestos was discovered by him in 1976.
June 1, 2023 Update: Johnson & Johnson talc litigation. This is the first court trial that has taken place since J&J decided to spin off its talc segment and file for bankruptcy marks an important point within the ongoing litigation story. The trial began on Tuesday in the tragic trial of a young plaintiff who was diagnosed with an aggressive and rare form of mesothelioma in the past year, a diagnosis lawyers on both sides agree is a tragic loss.
Opening statements revealed distinct differences between each side’s story. The plaintiff’s attorney took aim on Johnson & Johnson, alleging that the company employed deceitful techniques in its research practices and throughout the litigation process. As per the lawyer the company tried to manipulate asbestos’ definition, despite internal documents dating back to 1998 and 1994 that show asbestos fibers that were found in the tissue of the plaintiffs are included.
Johnson &J’s tangled $8.9 billion settlement offer hangs in the balance as we progression of this trial. Despite the distinctive nature of this mesothelioma case and its unique challenges compared to other talcum powder lawsuits, a verdict favoring the plaintiff could cause the company with a major setback in its hopes for broad acceptance of the settlement they have proposed among plaintiffs.
May 31st, 2023: Update from Johnson and Johnson’s bankrupt talc unit strongly defended the second Chapter 11 filing in the face of challenges from the talc injury plaintiffs. In an opposition filed with the New Jersey bankruptcy court, the company argued that the filing differed fundamentally from the earlier filing. It highlighted the extraordinary commitment to $8.9 billion from J&J which is the largest ever settlement in the history of a mass tort bankruptcy. Johnson & Johnson talc litigation. It was not mentioned how the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed support from several plaintiffs’ legal firms representing over 600,00 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 on its cosmetic talc products allegedly with asbestos content is scheduled to start jury selection on Monday, May 24, California within the Alameda County Superior Court, an historically reliable jurisdiction for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure in J&J’s product, an allegation J&J is denying. The trial also includes six retailers who are 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 future claims representative, the role is crucially essential in resolving the claim for talc. Johnson & Johnson talc litigation. Randi Ellis, a lawyer who frequently appears in MDLs across 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 and again, but attorneys for the talc plaintiffs are protesting due to the fact that Ellis has conflicts of interest that should prevent her from assuming that position again. This conflict is rooted in the fact that Ellis was reportedly involved in the drafting of the highly contesting second bankruptcy, which raises doubts about her ability to be neutral. However, the reality is that this bankruptcy will likely to be dismissed regardless.
May 17, 2023 Update: The fake company J&J put together for the talc litigation bankruptcy informed a New Jersey bankruptcy court that they have set aside $400 million to pay the claims made by states accusing the company of deceptive advertising for its talc products. Johnson & Johnson talc litigation. It’s a $8.5 billion settlement for cancer patients. It’s hard to imagine the scenario in which J&J can push the settlements of baby powder through at these numbers. Although J&J’s $8.5 billion offer seems like a lot of money initially, it may not look very appealing when you do the math. The settlement plan based on our estimates – will not provide victims with much more than $100,000 per instance. That is not enough.
May 15 2023 Update: J&J is potentially facing a lawsuit by an advocacy group that represents cancer patients. Johnson & Johnson talc litigation. The group argues that J&J deliberately retracted a $61.5 billion funding agreement together with its parent company, 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 amounts to a fraudulent transfer of rights of compensation for victims. They are planning to study J&J’s actions as a result of the denial of the LTL’s bankruptcy case in its first instance.
May 10, 2023 Update: Next week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy application from J&J company LTL Management. In the meantime, however the bankruptcy has issued an order calling for both parties to participate in a settlement mediation in the hope that an international settlement agreement can be been reached.
May 5th 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer from asbestos exposure. Johnson & Johnson talc litigation. Over 2,700 people have sued the company and the company was paying $1 million per month on legal defense. The company’s most recent $29 million verdict that was handed down in South Carolina forced it to seek bankruptcy protection, arguing that assets should be distributed in an equitable manner to talc claimants, rather than being confiscated from the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of litigation.
May 4 2023 update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart settlement discussions with lawyers who have rejected the company’s $8.9 billion offer for settlement. The court in Trenton, New Jersey yesterday the parties gathered in court to discuss next steps in the second bankruptcy case and Judge Kaplan was pushing for more settlement discussions.
This is the solution to resolve the claims of J&J. A baby powder settlement can get done. Johnson & Johnson talc litigation. However, it’ll require additional money – perhaps billions of dollars – coming from Johnson & Johnson.
Lawyers are divided over whether or not to agree with the proposal and not all clients view this issue the same way their lawyer views it. A second bankruptcy proceeding is expected to fail, and Judge Kaplan has scheduled a hearing for June to determine whether to remove the bankruptcy after the second.
May 3 2023 Update A group of cancer patients suing Johnson & Johnson (J&J) demanded that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation regarding talc-related products. The committee representing talc claimants submitted a motion on Tuesday asking the Third Circuit to consider their case and send it back before a court of lower jurisdiction with instructions for dismissing the bankruptcy. Johnson & Johnson talc litigation. They also asked that halted tort litigation against J&J should be permitted to proceed.
LTL has filed for Chapter 11 protection once again after its first bankruptcy filing was rejected by the Third Circuit earlier this year and offered the possibility of an $8.9 billion deal. The committee says that the recent ruling, which allows LTL’s second Chapter 11 to continue, in addition to halting trials against J&J, warrants immediate Third Circuit review. The US Trustee also requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice-president of litigation Erik Haas, was quoted by Bloomberg saying that J&J plans to file a response to the appeals court saying that the filing is a “desperate and legally flawed attempt” by a small number of law firms who have competing financial interests.
May 1st, 2023 Update: One common question that people ask is how could the plaintiffs’ lawyers and their clients turn around $8.9 billion. Of course, that’s quite a sum. However, there are lots of victims. Johnson & Johnson talc litigation. These are an excellent arguments for plaintiffs. We were reminded recently by two talc-related trials that ended in large verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon resulted in the verdict that was $18.1 million. In the same month, a different talc mesothelioma case went to trial on the other side of South Carolina and resulted in the verdict of $29 million for the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. which is one of the leading manufacturers of talc in U.S.
April 30th 2023 Update: J&J first attempted to drag the litigation over talcum powder into bankruptcy, it did so with an offer to reserve $2 billion for settlements. The sum was ridiculously low. None of the talc plaintiffs believed in it. This time around, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they are willing to accept bankruptcy settlements and they have the support of a large segment of the talc plaintiffs and their attorneys. Johnson & Johnson talc litigation. But with 75% of plaintiffs who are a talc, which is required to approve bankruptcy plans, it a tough road since there are so many lawyers with vast collections of baby powder lawsuits that are opposed in favor of the deal.
What are the solutions to the impasse? More billions.
April 25, 2023 update: Talc cancer claimants have asked a judge to reject the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, saying the company 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. Johnson & Johnson talc litigation. It was the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible to receive bankruptcy relief because it did not show financial difficulties.
The claimants assert that LTL’s third Chapter 11 case is an overreach of the bankruptcy system and the case is being handled in bad good faith. J&J asserts that the bankruptcy settlement is backed by “significant backing” from companies representing around 60,000 people who are claiming. It’s safe to say that plaintiffs’ lawyers and victims ‘ lawyers are not united over this $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge ruled in favor of Johnson & Johnson must face new lawsuits claiming that the company offered a baby powder with a contaminant that caused 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 will begin preparing their cases. Johnson & Johnson talc litigation. Judges expressed skepticism about J&J’s absurd attempt to revive its strategy with the second bankruptcy case.
April 13 2023 Update: most important announcement is an $8.9 billion over 25 year period settlement offered. Lawyers representing cancer patients involved in the MDL collective action vowed to fight the settlement with those who claim talc. Why? They argue that it’s not enough to pay for those suffering from cancer who are 70,000. Johnson & Johnson talc litigation. They argue that J&J should seek a bigger settlement or pursue individual claims if the most recent bankruptcy is declared unconstitutional.
However, there is a second group of lawyers outside of the top leadership in group action. These lawyers have collectively amassed hundreds of thousands of cases. The group is seeking to settle today with what they believe is lower than what the victims should be paid. Their argument is two-fold. The first is that they claim the settlement – which amounts to 100,000 dollars per plaintiff – is fair.
That is a hard argument to make. However, their second argument has more teeth: victims can now not wait and they want their money now.
April 12 2023 Update: Many are asking how J&J could file for bankruptcy again. The answer is complex and confusing. However, let’s attempt to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only means to resolve both current and future talc lawsuits conclusively. Also, it thinks it will pay less should there be a bankruptcy element that creates pressure for a settlement. Johnson & Johnson talc litigation. Moving past hundreds of years of American past, the company argues that bankruptcy benefits all parties because it distributes settlement payments more equitably and effectively than trial courts, where some litigants receive significant awards while others receive nothing.
The essence of this 3rd Circuit decision was this is not a case of a profitable company making an affiliate to accept the legal risk and declare bankruptcy – Congress thought of when drafting its Bankruptcy Code. However, the court also ruled it was not financially trouble because J&J promised unlimited funding.
Then J&J jumped on the unlimited funding aspect of the contract and didn’t make any promises to fund unlimited litigation. The company claims that its updated financing arrangements with its subsidiary will address appeals court’s concerns while still offering funds to pay claims. As if offering victims less money would solve the overarching problem.
Lawyers representing cancer patients who are against the agreement argue this with what you conclude is countering legal nonsense with 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 biggest “fraudulent transfer that has occurred in United States history.”
In spite of 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 through and maintain the pressure on plaintiffs.
April 10, 2023 Update: Bloomberg provides an insightful piece on a law that has been passed 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 that were brought against Johnson & Johnson (J&J) over talc products in exchange for a share of any profits. J&J has now offered the payment of $8.9 billion in settlements for all lawsuits.
The funders’ involvement is publicly available due to a New Jersey court rule requiring the release of certain details regarding outside funding backers. This rule is intended to address the rising calls for the regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you add up state and federal baby powder lawsuits. Third-party funding for mass tort lawsuits has both pros and pros and. However, there is no doubt that we are witnessing how third-party funding could 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 litigation. J&J was hit again this week, when the Third Circuit denied J&J’s request to maintain the automatic stay as J&J appeals an appeal to the U.S. Supreme Court. The automatic stay has froze thousands of talcum powder cases and stopped any new lawsuits from arising ever since J&J started the controversial process to spin talc-related liabilities into a bankrupt company over one year earlier. Johnson & Johnson talc litigation. When it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient a few months ago, the stay was lifted. J&J had hoped to have it continued pending 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. The likelihood that is that the Supreme Court is willing even to consider the appeal? Low.
March 16 2023 Update: with the bankruptcy stay fully lifted, the first new cases have been filed and transferred into the class action for talcum powder MDL in just over a year. Seven new talc lawsuits have been joined to the MDL during the month of March, 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) launch an investigation to determine how much J&J products containing talc have cost the government in the decades.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc product for many years, while tax dollars were utilized to treat people injured by exposure to the product. The lawsuit comes just a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Johnson & Johnson talc litigation. J&J has to begin making reasonable settlements to victims to begin the process of putting all this behind. It’s a mark on one of the top firms.
February 14 2023 Update: In an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Johnson & Johnson talc litigation. 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!