You May be Entitled to Significant Compensation Talc and cancer link. 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 provide $440 million US state AGs. Talc And Cancer Link .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its broad $8.9 billion plan to settle claims that its Baby Powder and other talc-based product causes cancer. Talc and cancer link.
J&J company subsidiary 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. Talc and cancer link. J&J has declared that its talc products are safe and do not cause cancer. It is attempting for the second time to end more than 38,000 lawsuits brought in bankruptcy, as well as prevent new lawsuits from arising in the future.
LTL’s bankruptcy plan will pay $400 million into a separate trust for lawsuits filed with state attorneys general claiming that J&J had violated state unfair business practices as well as consumer protection laws through misleading consumers regarding the security of its talc-based products.
Several states had begun consumer protection cases against J&J prior to the first bankruptcy filing stopped these investigations from proceeding in 2021. Talc and cancer link. New Mexico and Mississippi had already filed suit against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court documents.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL along with cancer sufferers and the U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making firm like J&J cannot benefit from bankruptcy protections aimed at the struggling debtors.
The first attempt by LTL to resolve the bankruptcy cases was dismissed following similar arguments, when a U.S. appeals court decided in favor of LTL wasn’t in “financial distress” and thus not eligible to receive bankruptcy relief. Talc and cancer link. LTL made a new bankruptcy application in just two hours following that dismissal, arguing that its second attempt was different as it had less money and had a greater chance of securing an agreement.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of the law enforcement powers of the state by trying to unilaterally cap the company’s liability for state consumer protection laws.
Talc And Cancer Link
LTL’s filings for the new year also contained additional details about how the company plans to evaluate and settle cancer claims should the bankruptcy plan be approved.
The most significant payments under the settlement would be $500,000 to those diagnosed with cancer of the mesothelioma ovary before the age of 45, and $260,000 for people diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement offers discounts based on the severity and type of the cancer, the person’s age, the history of talc use and other factors. Talc and cancer link. For instance, a woman who used the talc product on a regular basis, had an ovarian cancer family history, cancer and was diagnosed stage II ovarian cancer by age 55 may be eligible to receive a payment of $21,125 under the settlement plan.
Judge gives order to J&J and talc opponents take part in settlement talks.
Following another hearing in Johnson and Johnson’s efforts to implement a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the plan to hold settlement talks, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary created by J&J to handle the claims company proposed a settlement of $8.9 billion. Talc and cancer link. While one firm representing plaintiffs agree with the proposal, another group opposes the deal.
This week, the opposition group, which is known as”the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case by argument that LTL is not a factor to be in financial trouble.
“The filing is an unjust and legally flawed attempt by a tiny number of law firms to try to stop claimants from voting on the resolution plan–a plan the vast and growing majority of claimants support,” J&J’s litigation chief Erik Haas, said in an announcement. Talc and cancer link. “The law firms involved in the filing are pursuing financial interests which conflict with, differ from and infringe on the rights they represent. We’ll soon submit a response in the appeals court.”
Talc and cancer link. Clay Thompson, a lawyer for MRHFM that includes more than patients with mesothelioma who have sued J&J, said that the company’s second bankruptcy try will fail.
“J&J publishes press release about how great the plan is but simultaneously insisting that the details of its plan–including the treatment the individual sick individuals would be treated to,” Thompson said in an email. “What do J&J have to keep secret?”
Kaplan has instructed the sides to create a restructuring plan, with supervision from two mediators.
As of February 2022 Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that will free the company from the thousands of lawsuits regarding its talcum products.
However, in January of this year, a federal appeals court ruled against the decision, deciding that the company was not able to be considered in “financial trouble.”
After J&J’s challenge the U.S. Supreme Court was turned down on April 1, J&J filed for its second bankruptcy about two hours after. In response to that move, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to accept to file for bankruptcy again.
J&J’s unstoppable profit engine sputters after $6.9B cost of litigation involving talc.
With the 2 Chapter 11 attempts, J&J has purchased 19 months of which cases have been suspended. Talc and cancer link. The company wants claimants to vote on accepting their settlement. J&J would need 75% of the vote for the deal to go through.
Alongside the group of talc attorneys who have panned LTL’s bankruptcy plan and the U.S. Trustee, an arm that is part of the U.S. Department of Justice has also filed an application to dismiss the second bankruptcy case of LTL.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest but unfortunate debtors.” Those doors “are not open to parties that do not have a legitimate goal or who seek to use the bankruptcy process to delay or hinder their creditors,” Vara continued.
On the other hand, J&J maintains there is no conclusive evidence that its Talc-based products, such as its iconic baby powder, can cause cancer. J&J has been taking the products of the market–first on North America in 2020–and the rest of the world next year.
J&J is determined to stay clear of the costly business of going to court. J&J has won most of the cases that were decided during trial, however, certain losses have been extremely punitive.
A highly publicized trial in Missouri resulted in a $4.7 billion verdict against the drug maker that was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine trial cases in talc which are on appeal or have been resolved. Out of 41 trials 32 of them ended in winning for J&J or a mistrial, or verdict for a plaintiff that was overturned in appeal. Talc and cancer link. Separately, the company in 2020 moved to settle around 1,000 cases worth $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc And Cancer Link
Our lawyers handle baby powder cases in all 50 states. The talcum powder lawsuits against Johnson & Johnson have been going on for a long time. Talc and cancer link. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient found in products such as Baby Powder as well as Shower to Shower which can cause ovarian cancer among some women.
This page offers a J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amount of the cases of ovarian cancer.
Has the deadline passed for you to bring a talcum lawsuit? Many who believe that the statute of limitations has passed to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc And Cancer Link
June 2 2023 Update: At an asbestos talc court trial held in California yesterday, some technical issues halted the opening statement by the defense lawyers. Talc and cancer link. Jurors who were watching from home via Zoom, did hear Johnson &Johnson’s lawyer express doubt about the 70s research asserting the presence of asbestos in their product before the opening was abruptly ended.
Meanwhile, the plaintiff was able to present an initial witness Arthur Langer. Langer explained that the existence of other minerals alongside talc is inevitable. He claimed that his group had notified J&J in 1971 of the presence of chrysotile asbestos in the talc produced by the company, although in lesser than 0.1 percent. The asbestos was discovered by him in 1976.
June 1, 2023 Update: Talc and cancer link. A trial for the first time since J&J decided to spin off its talc section and declaring bankruptcy is a pivotal moment within the ongoing litigation saga. Trial started on Monday in the tragic trial of a young plaintiff, diagnosed with an aggressive and rare form of mesothelioma in the past year, which both sides of the argument agree is a grave tragedy.
Opening statements revealed the distinct differences between each side’s narrative. The attorney representing the plaintiff took aim against Johnson & Johnson, alleging the use of deceitful strategies in its research practices as well as throughout the litigation process. The attorney claims that, according to, Johnson & Johnson tried to alter the definition of asbestos, despite internal documents from 1998 and 1994 that show asbestos fibers in the tissues of the plaintiff are part of.
Johnson & Johnson’s uncertain $8.9 billion settlement proposal hangs in the balance with the progress of this trial. Despite the unique nature of this mesothelioma case and the unique issues it faces compared to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could result in the company with a major setback in its hopes of broad acceptance of their settlement proposal among plaintiffs.
May 31st 2023: Update from Johnson and Johnson’s bankrupt talc unit is defending its 2nd Chapter 11 filing in the face of challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, the subsidiary argued that the case was distinct from the first filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion from J&J as the largest settlement ever in the history of a mass tort bankruptcy. Talc and cancer link. Not mentioned: how this amount indicates that it is a fair settlement. J&J also claimed support from numerous plaintiffs’ law firms that represent over 60,000 claimants. This is hard to verify but is probably incorrect.
May 24 2023 Update: Following Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial involving the cosmetic talc products it claims to with asbestos content is scheduled to begin jury selection on Monday, May 24, California at Alameda County Superior Court, the most favored jurisdiction for plaintiffs. Plaintiff claims that mesothelioma is the result of asbestos exposure through J&J’s products which the company is denying. The trial also includes six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are now battling over who should be appointed to the post of the claims representative in the future, which is vitally essential to the resolution of the claims involving talc. Talc and cancer link. Randi Ellis, a lawyer who regularly appears in MDLs across the country was appointed as the claims representative during the first bankruptcy. J&J’s defense team would like Ellis to be appointed to that role in the future, however lawyers representing the plaintiffs in talc are arguing because Ellis has conflicts of interest which should stop her from holding that position in the future. The dispute stems from possibility that Ellis was apparently involved in the creation of the hotly litigated second bankruptcy, which raises concerns about her capacity to be neutral. In reality, this bankruptcy will likely to get dismissed anyway.
May 17, 2023 Update: The pretend company that J&J put together to handle the bankruptcy of talc disclosed to a New Jersey bankruptcy court that they have allocated $400 million as a settlement for allegations made by states who accuse the company of deceptive advertising regarding its talc products. Talc and cancer link. That’s an $8.5 billion settlement for cancer sufferers. It’s hard to imagine a scenario where J&J can push the baby powder settlements in these figures. While J&J’s $8.5 billion offer may seem like a lot of money initially, it does not appear appealing when you consider the math. This settlement proposal – by our rough calculations – would not be able to pay victims more than $100,000 per case. It’s not enough.
May 15 2023 update: J&J is potentially facing a lawsuit from an advocacy group representing cancer patients. Talc and cancer link. The group contends that J&J deliberately retracted a $61.5 billion fund-raising agreement that it had with its company subsidiary LTL Management LLC, in order to create a false sense of financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of right to compensation for victims. They plan to explore J&J’s actions following of the decision to dismiss the first bankruptcy case of LTL.
May 10 2023 Update: The following week 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 subsidiaries LTL Management. However, in the meantime, it has approved 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 provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer from asbestos exposure. Talc and cancer link. More than 2700 people have filed lawsuits against the company and the company was spending $1 million a month for legal defense. The company’s recent $29million verdict at the Supreme Court of South Carolina forced it to pursue bankruptcy protection, and arguing that assets should be distributed in an equitable manner to talc claimants, rather than being seized in the hands of the receiver. Other suppliers of talc have declared bankruptcy because of lawsuits.
May 4, 2023 Update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume talks with lawyers who have rejected the company’s proposed $8.9 billion settlement offer. The court in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss the next steps in this second case of bankruptcy. Judge Kaplan was pushing for more settlement discussions.
This is the answer to settle these claims with J&J. A baby powder settlement can be completed. Talc and cancer link. But it will require more money, more billions of dollars by Johnson & Johnson.
Lawyers are split on whether to take the proposal or not and not every client sees the situation the same way their attorney does. The second bankruptcy case is destined to fail with Judge Kaplan has set a date for a hearing in June to determine if she will discharge the bankruptcy for the 2nd time.
May 3, 2023 Update A group of cancer patients suing Johnson & Johnson (J&J) demanded for they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation involving talc products. The group representing claimants for talc filed a motion on Tuesday asking that the Third Circuit to consider their case and send it back to a lower court with instructions to discharge the bankruptcy. Talc and cancer link. They also requested that the stopped tort litigation against J&J continue to proceed.
LTL has filed for Chapter 11 protection once again after its bankruptcy filing was rejected in the Third Circuit earlier this year which offered an $8.9 billion agreement. The committee believes that the recent ruling which allowed LTL’s second Chapter 11 to continue, and also stopping 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 statement in the appeals court saying that the filing is a “desperate and legally flawed effort” by a handful of law firms with different financial interests.
May 1st 2023 Update: A most frequently asked question is how could plaintiffs and their attorneys turn off $8.9 billion. Of course, that’s an immense amount of money. However, there are lots of victims. Talc and cancer link. These are an excellent case for plaintiffs. We have been reminded of this recently when two talc cases resulted in big verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon was settled with an award worth $18.1 million. In the same month, a different talc mesothelioma case went to trial in South Carolina and resulted in a verdict of $29million to the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. One of the top manufacturers of talc in U.S.
April 30th 2023 Update: When J&J first attempted to drag the lawsuit over talcum powder into bankruptcy, it was met with the option of putting aside $2 billion for settlements. It was a ridiculously small amount. All of the talc plaintiffs supported the offer. This time, J&J has increased the offer to $8.9 in the event that the talc victims agree to a bankruptcy settlement and they also have the support of a substantial portion of the talc plaintiffs and their lawyers. Talc and cancer link. But with 75% of plaintiffs of talc are needed for approval of the bankruptcy plan, it a tough road due to the sheer number of lawyers with vast collections of baby powder-related lawsuits, opposed to the settlement.
What can be done to end the impasse? More billions.
April 25, 2023 update: Talc cancer claimants have demanded a judge reject their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talc and cancer link. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not a candidate for bankruptcy relief as it failed to show financial stress.
The claimants argue that the 2nd Chapter 11 case is an abuse of the bankruptcy system and that it’s being pursued in bad faith. J&J asserts that the bankruptcy settlement receives “significant support” from the firms that represent approximately 60,000 people who are claiming. It’s safe to say that plaintiffs’ lawyers and victims are divided over this $8.9 billion deal.
April 21, 2023 Update: A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits alleging that the company sold baby powder that was contaminated and causing cancer. Although the trials for the lawsuits involving talc are delayed for at least 60 calendar days, new lawsuits can be filed and lawyers may begin to prepare their cases. Talc and cancer link. Judges expressed skepticism about J&J’s ridiculous effort to relaunch its strategy in the second bankruptcy case.
April 13th, 2023: Update on the major story is that there’s an $8.9 billion over the next 25 year period settlement offered. Lawyers representing cancer victims in the MDL group action pledged to fight the settlement alongside the talc claimants. Why? They believe it’s too little money for the more than 70,000 cancer victims. Talc and cancer link. These lawyers believe that J&J should negotiate a bigger settlement or pursue individuals’ claims if the current bankruptcy is declared unconstitutional.
But there’s a separate set of lawyers who are not part of the leadership group in that class action. These lawyers have amassed many thousands of cases. This group wants to settle in what many believe to be 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.
This argument isn’t easy to prove. However, their second argument has more force: victims should be no longer patient and demand their money now.
April 12 2023 Update: Many are looking for ways J&J can file for bankruptcy again. The answer is complicated and complicated. However, let’s attempt to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only method to deal with both present and future talc-related lawsuits definitively. It believes it can pay less in the event of the bankruptcy element which applies pressure to settle. Talc and cancer link. Going back to the 400-year span of American history, the company believes that bankruptcy is beneficial to all parties as it distributes settlement payments more evenly and more efficiently than trial courts where some litigants receive significant awards while others receive nothing.
The basic tenet of the 3rd Circuit decision was this is not a case of one that makes a profit, but a subsidiary to take the legal burden and declare bankruptcy Congress thought of when drafting its Bankruptcy Code. But it also said the company was financially crisis because J&J promises unlimited funding.
Then J&J jumped on the unlimited funding aspect of the agreement and didn’t make any promises to provide unlimited funding for litigation. The company claims that its revised financing arrangements with its subsidiary addresses the appeals court’s concerns while still supplying funds for claim payments. As if offering victims lower amounts of money would resolve the underlying issue.
Lawyers representing cancer victims who do not agree with the agreement counter this with what you conclude is the legal argument. Talc and cancer link. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous decision. The hyperbole wasn’t spared by the victims’ lawyers, who call this the biggest “fraudulent move that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe that this bankruptcy will last. It is however a method of trying to push this $8.9 billion settlement to keep pressure on plaintiffs.
April 10, 2023, Update Bloomberg provides an insightful article about a new law within New Jersey that is shedding new light on the funding of litigation in the baby powder Class action suit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) concerning talc products in exchange for a percentage of any settlements. J&J is now offering that it will pay $8.9 billion in settlements for all lawsuits.
The involvement of the funders is public knowledge because of an New Jersey court rule requiring the release of certain details about funding sources outside of the. The rules aim to tackle the growing demands for regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you include federal and state infant powder litigation. Third-party funding of mass tort cases has both pros and pros and. But there is no question that we are seeing how third-party funding can level the playing field between people and big corporations in the courtroom.
April 4, 2023 Update: It’s pleasing to see the worm turn in this legal battle. J&J was hit again this week, when an appeals court in 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. This automatic stay froze thousands of talcum powder cases and stopped new lawsuits from arising ever since J&J launched the controversial attempt to spin the talc debts into a bankrupt entity over one year in the past. Talc and cancer link. After it was decided that the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was lifted. J&J was hoping to have it continue in the meantime of hearing 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 accept the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay officially lifted, the first new cases have been filed and transferred into the talcum powder class action MDL within a year. Seven new talc-related lawsuits were included in the MDL over the last month and brought the total number of pending cases up to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now requesting that authorities from the U.S. Government Accountability Office (GAO) launch an investigation to determine how much J&J products containing talc have cost the government over the many years.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the dangers of its talc product for many years, while tax dollars were spent treating those injured by exposure to the product. The suit comes just a few days after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc and cancer link. J&J should begin to make reasonable settlement offers to victims to begin the process of putting all this behind. This is a disgrace to one of the top businesses.
February 14 2023 Update: At an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc and cancer link. 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!