You May be Entitled to Significant Compensation Link between talc and lung cancer. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed settlement with talc would be worth the sum of $400 million US state AGs. Link Between Talc And Lung Cancer .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of a wider $8.9 billion deal to settle claims that its Baby Powder and other talc-based ingredients cause cancer. Link between talc and lung cancer.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company intends to pay for different types of cancer sufferers in an arrangement for bankruptcy. Link between talc and lung cancer. J&J has stated that its products containing talc are safe and will not cause cancer. It is attempting for an additional time to conclude more than 38,000 lawsuits in bankruptcy, and to prevent any new cases from being filed in the future.
LTL’s bankruptcy plan would pay $400 million to a separate trust for lawsuits filed from state attorney generals claiming that J&J had violated the state’s unfair commercial practices as well as consumer protection laws by misleading consumers regarding the quality of its talc products.
Some states had started consumer protection actions against J&J prior to the first bankruptcy filing prevented those investigations from progressing in 2021. Link between talc and lung cancer. New Mexico and Mississippi had already launched suit against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands in LTL’s court documents.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished in a joint move with cancer victims and 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 aimed at struggling debtors.
The first time LTL attempted to settle the bankruptcy cases was dismissed after similar arguments. The U.S. appeals court decided the LTL did not have “financial difficulty” and thus not eligible for bankruptcy protection. Link between talc and lung cancer. LTL made a new bankruptcy application within two hours of that dismissal, arguing that its second attempt was different because there was less money available and had a greater chance of securing the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s latest bankruptcy violation of state law enforcement powers in attempting to unilaterally limit LTL’s liability to state consumer protection actions.
Link Between Talc And Lung Cancer
LTL’s filings for the new year also contained more details on how the company would assess and pay for cancer claims if the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 for people diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for those who have been diagnosed with ovarian cancer that is terminal before age 45.
From there, the proposed settlement provides discounts based on the nature and severity of cancer, the patient’s age, history of using talc and other factors. Link between talc and lung cancer. For example the case of a woman who used talc products on a weekly basis, who had an ancestral history of ovarian cancer and was diagnosed the stage 2 ovarian cancer by age 55 could be in line to receive a payment of $21,125 under the settlement plan.
Judge ordains J&J, talc opponents to take part in settlement talks.
Following another round of hearings in Johnson &Johnson’s attempt to employ a Texas Two Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the move to conduct negotiations to settle the matter, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL management, a subsidiary founded by J&J to hold the claims–the company proposed a settlement of $8.9 billion. Link between talc and lung cancer. While a group of law firms representing plaintiffs support the offer, another group opposes the move.
In the last week, an opposition group, dubbed”The Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case saying that LTL is not a factor to be in financial trouble.
“The filing is a desperate and legally ineffective attempt by a small number of law firms to try to block claimants from voting on the resolution, which that the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Link between talc and lung cancer. “The law firms involved in the filing are pursuing financial interests which clash with, diverge from, and are in opposition to the interests of their clients. We’ll be submitting an appeal in the appeals court.”
Link between talc and lung cancer. Clay Thompson, a lawyer for MRHFM who boasts more than patients with mesothelioma who have filed lawsuits against J&J claimed that J&J’s second bankruptcy effort failed.
“J&J issues press releases about how wonderful its plan is while simultaneously insisting that the plan’s details, including what each sick person will be treated to,” Thompson said in an announcement. “What do J&J have to hide?”
Kaplan has directed the parties to develop a new arrangement plan under the supervision from two mediators.
In February 2022, Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that would free the company from the tens of thousands of claims regarding its talcum products.
In January of this year a federal appeals court ruled against the verdict, ruling that the company could not be considered to be in “financial financial distress.”
After J&J’s contest the U.S. Supreme Court was turned down at the end of April J&J filed for its second bankruptcy about two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to grant another bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B the talc litigation cost.
With the two Chapter 11 attempts, J&J has purchased 19 months of which the cases were on hold. Link between talc and lung cancer. The company wants claimants to take a vote to accept their settlement. J&J would need 75% support for the settlement to be approved.
In addition to the team of talc attorneys who have panned the company’s bankruptcy in the U.S. Trustee, the U.S. Trustee, an arm from the U.S. Department of Justice has also filed motions to dismiss the second bankruptcy case of LTL.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest but unfortunate debtors.” Those doors “are not available to anyone who do not have a legitimate bankruptcy objective or seek to take advantage of the bankruptcy process to hinder or delay their creditors,” Vara continued.
In its own words, J&J maintains there is no evidence conclusive that its talc products, including its famous baby powder, cause cancer. J&J has been taking the products of the market, first for North America in 2020–and the remainder of the globe later this year.
J&J intends to steer clear of the cost of going to trial. It has prevailed in most of the cases that have been decided through trial, though certain losses have been extremely harsh.
A well-known trial in Missouri led to a $4.7 billion verdict against the drug maker and was later lowered 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 cases in talc which are in appeal or decided. In 41 trials 32 ended with a win by J&J as well as mistrials or plaintiff verdict that was annulled after appeal. Link between talc and lung cancer. Additionally, the company in 2020 sought to settle more than 1,000 cases for the sum of $100 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Link Between Talc And Lung Cancer
Our lawyers handle baby powder cases in all 50 states. The talcum powder lawsuits in the case of Johnson & Johnson have been ongoing for years. Link between talc and lung cancer. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient found in products such as Shower to Shower Powder as well as Shower to Shower, can cause ovarian cancer in some women.
This page gives a J&J Talc Power litigation update and provides an overview of how the upcoming bankruptcy ruling impacts the ultimate settlement amount in these ovarian cancer lawsuits.
Is the deadline for you to make a claim for talcum powder? Many people who think the time limit has expired to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Link Between Talc And Lung Cancer
June 2 2023 Update: In the trial for asbestos-containing talc which took place in California yesterday, technical issues disrupted the opening statements of the defense attorneys. Link between talc and lung cancer. Jurors from home via Zoom but did not hear Johnson and Johnson’s lawyer express doubt about the science of the 70s asserting the presence of asbestos in their product before the session abruptly ended.
The plaintiff could present its first expert witness Arthur Langer. Langer stated that the presence of other minerals alongside the talc’s mineral content is inevitable. He claimed that his group was notified by J&J in the year 1971 of the presence of chrysotile asbestos the talc manufactured by the company, though with lesser than 0.1 percent. He also uncovered more asbestos in 1976.
June 1, 2023 Update: Link between talc and lung cancer. The first trial since J&J took the decision to disband its talc section and declaring bankruptcy is an important turning point within the ongoing lawsuit saga. The trial started yesterday in the heartbreaking case of a young 24 year-old plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma in the past year, which both sides believe is a grave tragedy.
The opening statements exposed the stark differences in each side’s narrative. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging the use of misleading strategies in its research practices as well as throughout the litigation process. As per the lawyer Johnson & Johnson tried to alter asbestos’ definition, in spite of internal documents dating from 1998 and 1994 that show asbestos fibers found in tissue of the plaintiffs are included.
Johnson & Johnson’s uncertain $8.9 billion settlement is hanging in the balance with the course of this trial. Despite the distinctive nature of this mesothelioma lawsuit and its distinctive issues in comparison to other lawsuits involving talcum powder and a decision in favor of the plaintiff could be the company with a major setback in its expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31 2023 Update: Johnson & Johnson’s bankrupt talc unit is defending it’s two-time Chapter 11 filing in the facing challenges from the talc injury plaintiffs. In an opposition filed with the New Jersey bankruptcy court, the company argued that the case was distinct from the prior filing. It emphasized the unprecedented commitment to $8.9 billion in settlement from J&J as the largest ever settlement in a mass tort bankruptcy case. Link between talc and lung cancer. Not mentioned: how the size of the settlement signifies that it’s a fair settlement. J&J also claimed that it received support from several plaintiffs’ legal firms representing more than 60,000 claimants. This is not easy to confirm but is probably incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s bankruptcy in 2021 filing, the first trial concerning its cosmetic talc items allegedly containing asbestos is set to commence jury selection on Monday, California with Alameda County Superior Court, which is a well-known location for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure in J&J’s product and the company has denied. The trial also involves six retailers accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are fighting over who should be chosen to fill the role of future claims representative, an important role important to resolving the claim for talc. Link between talc and lung cancer. Randi Ellis, a lawyer who frequently appears in MDLs throughout the United States was appointed the claims representative in the previous bankruptcy. J&J’s defense attorneys want Ellis to be named to the position and again, but attorneys for the talc plaintiffs are protesting to the claim that Ellis has an unrelated conflict of interest that should prevent her from assuming that position again. The issue stems from the reality that Ellis was reportedly involved in drafting the controversially contesting second bankruptcy, which raises doubts regarding her capacity to remain neutral. However, the reality is that the bankruptcy will be tossed out anyway.
May 17, 2023 Update: The pretend company that J&J formed for the talc bankruptcy told an New Jersey bankruptcy court that they have allocated $400 million to settle the claims of states that accuse the company of deceptive advertising for its talc product. Link between talc and lung cancer. It’s a $8.5 billion settlement to cancer victims. It’s hard to imagine the scenario in which J&J can get these settlements for babies in these figures. While J&J’s $8.5 billion offer might seem like a huge sum initially, it may not look great after you calculate the figures. The proposed settlement based on our rough calculations – would not offer victims anything more than a median settlement of $100,000 per case. That’s not enough.
May 15, 2023 update: J&J could be facing lawsuit brought by an advocacy group representing cancer patients. Link between talc and lung cancer. The group claims J&J intentionally canceled the $61.5 billion fund-raising agreement with its subsidiary, LTL Management LLC, to simulate financial stress and validate the unit’s Chapter 11 bankruptcy filing. The group argues that this act could be interpreted as a fraudulent transfer of rights of compensation for victims. They will investigate J&J’s actions as a result of the denial 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 petition to dismiss the second bankruptcy filing from J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime, LTL Management has filed an Order calling for both parties to take part in a new settlement negotiation with the hopes of achieving the global settlement can be been reached.
May 5th, 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer through asbestos exposure. Link between talc and lung cancer. Over 2700 people have sued the company, and it was paying $1 million per month to defend itself. The company’s recent $29million settlement that was handed down in South Carolina forced it to apply for bankruptcy protection and argue for equitable distribution of assets between the claimants of talc instead of being taken by the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of legal proceedings.
May 4 2023 Update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to reopen negotiations with lawyers who turned down the company’s $8.9 billion offer for settlement. It was in Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps in another bankruptcy proceeding and Judge Kaplan was pushing for more settlement discussions.
This is the answer to resolve these claims for J&J. The baby powder settlement is likely to be completed. Link between talc and lung cancer. However, it’ll require more money – billions of dollars by Johnson & Johnson.
Lawyers are split on whether or not to agree with the proposal and not every client sees the issue the same way their attorney does. A second bankruptcy proceeding is bound to fail, as Judge Kaplan has scheduled a hearing in June to decide if he will discharge the bankruptcy for the 2nd time.
May 3, 2023 Update: A group of cancer patients suing Johnson & Johnson (J&J) requested for they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation regarding talc-related products. The group representing claimants for talc submitted a motion on Tuesday asking for the Third Circuit to consider their appeal and return the case to a lower court with instructions to discharge the bankruptcy. Link between talc and lung cancer. They also requested that the halted tort litigation against J&J be allowed to continue.
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 agreement. The committee says that the recent ruling, which allows the second Chapter 11 to continue, as well as halting the trials against J&J and J&J, requires an immediate Third Circuit review. The US Trustee requested it be 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 in the appeals court, calling the request a “desperate and legally deficient move” by a select group of law firms with different financial interests.
May 1st, 2023 Update: One frequently asked question is how could plaintiffs and their attorneys turn around $8.9 billion. Of course, it’s an enormous amount of money. But there are plenty of victims. Link between talc and lung cancer. And these are really good arguments for plaintiffs. We were reminded recently in two talc trials which ended in large verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon led to an award worth $18.1 million. A month later, another mesothelioma trial involving talc was held for trials in South Carolina and resulted in a verdict of $29 million for the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. one of the leading suppliers of talc in the U.S.
April 30 2023 Update: In the year 2023, when J&J initially tried to take the litigation over talcum powder into bankruptcy, they came with the option of putting aside $2 billion to settle the case. It was a ridiculously small amount. None of the talc plaintiffs supported it. This time around, however, J&J has increased the offer to $8.9 if the talc plaintiffs accept a bankruptcy settlement and they have the support of a substantial part of the talc-related plaintiffs as well as their lawyers. Link between talc and lung cancer. But 75% of the talc plaintiffs, which is needed for approval of the bankruptcy plan, it a tough road due to the sheer number of lawyers with large stocks of baby powder lawsuits opposed to the settlement.
What are the solutions to the impasse? More billions.
April 25, 2023 update: Talc plaintiffs have asked a judge to reject the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, insisting that the company is not financially strained. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Link between talc and lung cancer. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible for bankruptcy relief because it was unable to demonstrate financial stress.
The claimants assert that LTL’s Second Chapter 11 case is an abuse of the bankruptcy system and it’s being pursued in bad faith. J&J asserts that the bankruptcy settlement has “significant backing” from companies representing about 60,000 potential claimants. It’s safe to say plaintiffs’ lawyers and the victims are split over this $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. While trials in talc lawsuits are paused for a minimum period of 60 days but new lawsuits can be filed, and lawyers can begin preparing their cases. Link between talc and lung cancer. The judge expressed skepticism over J&J’s absurd attempt to revive its strategy by filing the second bankruptcy case.
April 13, 2023: Update on the big announcement is an $8.9 billion over the course of 25 years settlement offer. Lawyers representing cancer victims in MDL class action MDL collective action vowed to fight the settlement alongside talc claimants. Why? They think it is not enough for those suffering from cancer who are 70,000. Link between talc and lung cancer. These lawyers believe that J&J should seek a bigger settlement or settle individual claims in the event that the latest bankruptcy is thrown out.
There is a different set of lawyers who are not part of the top leadership in this class action. They have amassed hundreds of thousands of cases. This group wants to settle now for what is believed to be far less than what these victims deserve. Their argument is two-fold. The first is that they claim the settlement – about 100,000 dollars per plaintiff is fair.
This argument isn’t easy to make. The second argument is more teeth: victims can no longer wait and want their money today.
April 12 2023 Update: People are asking how J&J can go through bankruptcy once more. The answer is complex and complicated. However, let’s attempt to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future talc lawsuits conclusively. It believes that it will be less expensive in the event of the bankruptcy element which applies pressure to settle. Link between talc and lung cancer. Driving past more than 400 years in American history, the firm claims that bankruptcy benefits everyone by dispersing settlements more equally and efficiently than trial courts, which are where litigants get significant payouts, while others are left with nothing.
The basic tenet in this 3rd Circuit decision was this is not a case – a profitable company making a subsidiary to take the legal burden and declare bankruptcy, which is what Congress considered when it was drafting the Bankruptcy Code. However, the court also ruled that the subsidiary was not financially difficulty due to the fact that J&J promises unlimited funding.
So J&J did not hesitate to take advantage of the unlimited funding aspect of the deal and didn’t make any promises to offer unlimited funding for litigation. The company says that its new financing agreements with its subsidiary addresses the appeals court’s concerns, while providing funds for claims. It’s as if giving victims lower amounts of money would resolve the problem at hand.
Attorneys representing cancer patients who oppose the deal counter this by arguing that the plaintiff is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous ruling. The hyperbole wasn’t spared by the victims’ lawyers, who call it the biggest “fraudulent transfer ever 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 pressure on plaintiffs.
April 10 2023 Update Bloomberg offers an informative article about a new law that has been passed in New Jersey that is shedding new light on litigation funding in the baby powder suit for class actions. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) concerning talc products in exchange in exchange for a portion of profits. J&J is now offering to pay $8.9 billion to settle all lawsuits.
The involvement of the funders is made public because of a New Jersey court rule requiring the release of certain details about funders outside the state. This rule is intended to address the rising calls for regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you take into account state and federal infant powder litigation. Third-party funding in mass tort claims is not without its pros and pros and. However, there is no doubt that we are seeing how third-party financing can help level the playing field between individual as well as large corporations in the courtroom.
April 4 2023 Update: It is enjoyable to see the worm turn in this legal battle. J&J suffered another setback this week, when they were denied by the Third Circuit denied J&J’s request to maintain the automatic stay as J&J appeals an order granting bankruptcy before the U.S. Supreme Court. Automatic stays have frozen thousands of talcum powder cases and stopped new lawsuits from getting filed ever since J&J launched the controversial attempt to spin the talc debts into a bankrupt entity over a year ago. Link between talc and lung cancer. When the 3rd Circuit ruled that this bankruptcy was insufficient a few months ago, the stay was lifted. J&J was hoping to have it continued pending 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 for the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay now officially lifted, the very first new cases were filed and incorporated into the class action involving talcum powder MDL within a year. Seven new talc lawsuits were brought into the MDL in the past month increasing the number of cases in the pending process up to 37,522.
February 25, 2023 Update: 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 many years.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc-based products for years while tax dollars were spent on treating people who suffered injuries from exposure to the product. This lawsuit comes a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Link between talc and lung cancer. J&J needs to start making fair settlement offers to victims to getting this behind it. It is a stain on one of the most prestigious firms.
February 14 2023 Update: In an earlier hearing at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Link between talc and lung cancer. 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!