You May be Entitled to Significant Compensation Talc and cancer risk. 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. Talc And Cancer Risk .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its wider $8.9 billion deal to settle allegations that it’s Baby Powder and other talc-based ingredients cause cancer. Talc and cancer risk.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company plans to pay different kinds of cancer victims as part of a bankruptcy settlement. Talc and cancer risk. J&J has stated that its products containing talc are safe and do not cause cancer. The company is trying for a second time to resolve more than 38,000 cases in bankruptcy and stop new cases from coming forward in the near future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for claims brought with state attorneys general alleging that J&J violated the state’s unfair commercial practices as well as consumer protection laws through misleading consumers about the quality of its talc products.
Many states had initiated consumer protection lawsuits against J&J prior to the first bankruptcy filing prevented these investigations from progressing in 2021. Talc and cancer risk. New Mexico and Mississippi had already launched actions with Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands according to court documents.
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 bankruptcy watchdog, who argue that a profit-making company like J&J can’t benefit from bankruptcy protections aimed at those struggling with debt.
LTL’s first attempt at resolving the bankruptcy lawsuits was thrown out after similar arguments. The U.S. appellate court decided in favor of LTL had not been in “financial distress” and was not eligible to receive bankruptcy relief. Talc and cancer risk. LTL made a new bankruptcy application less than two hours after the dismissal, arguing the second bankruptcy was different as there was less money available and had more support for a settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s latest bankruptcy violation of state law enforcement authorities by attempting unilaterally to cap the liability of the company in state consumer protection measures.
Talc And Cancer Risk
The filings of LTL’s latest bankruptcy proceedings also include more information on how the company plans to evaluate and settle cancer claims should the bankruptcy plan be approved.
The largest amount of money under the settlement would be $500,000 for people diagnosed with mesothelioma terminal prior to the age of 45, and $260,000 for those who have been diagnosed with cancer of the ovary before age 45.
The proposed settlement offers discounts based on the severity and type of the cancer, the person’s age, previous the use of talc, and other aspects. Talc and cancer risk. For instance an individual who was using daily talc products, had an ovarian cancer family history, cancer, and was diagnosed with Stage II cancer of the ovary by age 55 could be in line to receive a payment of $21,125 under the settlement plan.
Judge decides J&J and talc oppositionists to participate in settlement talks.
Following another hearing in Johnson &Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the firm and the people who opposed the move to conduct settlement talks, 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 offered a settlement amounting to $8.9 billion. Talc and cancer risk. While one group of law firms representing plaintiffs supports the settlement, a different group opposes the deal.
The previous week, the opposition group, which is known as”The Official Committee of Talc Claimants in the bankruptcy court, demanded to disqualify the petition by argument that LTL cannot be regarded as financially distressed.
“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 plan–a plan that the overwhelming majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Talc and cancer risk. “The law firms that are behind the filing are pursuing financial interests which are in conflict with, diverge from, and oppose the interests they represent. We’ll submit a response before the court of appeals.”
Talc and cancer risk. Clay Thompson, a lawyer for MRHFM that includes more than mesothelioma patients 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 simultaneously requesting that details of the plan, such as what the individual sick individuals would receive,” Thompson said in the statement. “What is J&J’s plan to hide?”
Kaplan has instructed the sides to come up with another reorganization plan, under the supervision and supervision of mediators.
As of February 2022 Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that will free J&J from the hundreds of thousands of claims concerning its talcum products.
However, in the month of January, an appeals court in the United States overturned the decision, ruling that the company could not be considered in “financial distress.”
When J&J’s attempt to appeal to the U.S. Supreme Court was denied in April, J&J was granted a second petition for bankruptcy roughly two hours later. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to allow to file for bankruptcy again.
J&J’s unstoppable profit machine sputters after $6.9B the talc litigation cost.
Through two Chapter 11 attempts, J&J has bought 19 months during which cases have been in limbo. Talc and cancer risk. The company is requesting that claimants vote on accepting their settlement. J&J needs 75% approval for the deal to pass.
In addition to the team of talc attorneys who have panned LTL’s bankruptcy plan and the U.S. Trustee, a branch that is part of the U.S. Department of Justice was also the one to file motions to dismiss LTL’s second bankruptcy case.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest, but naive debtors.” These doors “are not available to anyone who do not have a legitimate bankruptcy objective or seek to use the bankruptcy process to delay or hinder their creditors,” Vara continued.
In its own words, J&J maintains there is no proof conclusive that their Talc-based products, such as its popular baby powder can cause cancer. J&J has adopted the products from the market and will first launch them in North America in 2020–and the rest of the world this year.
J&J wants to avoid the costly business of going to trial. It has won most of the cases that have been decided in court, however certain losses have been extremely severe.
A high-profile trial in Missouri led to a $4.7 billion verdict against the drug company 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 cases involving talc, which are appealing or decided. Out of 41 trials 32 have resulted in a win by J&J as well as mistrials or verdict for a plaintiff that was reversed on appeal. Talc and cancer risk. Additionally, the company has announced plans to settle over 1000 cases at a cost of the sum of $100 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc And Cancer Risk
Our lawyers handle baby powder lawsuits in every state. The talcum powder lawsuits against Johnson & Johnson have been ongoing for years. Talc and cancer risk. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient in many products, including baby Powder or Shower to Shower which can cause ovarian cancer among some women.
This page gives the J&J Talc Power Update and discusses how the upcoming bankruptcy ruling will impact the final 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 – Talc And Cancer Risk
June 2, 2023 Update: During an asbestos talc court trial held which took place in California yesterday, technical issues disrupted the opening statements made by defense lawyers. Talc and cancer risk. Jurors who were watching from home on Zoom but did not hear Johnson and Johnson’s lawyer express doubt about the 70s research affirming the presence of asbestos in their product prior to the session abruptly ended.
Meanwhile, the plaintiff could introduce an initial witness Arthur Langer. Langer said that the presence of other minerals in the talc mineral is a given. He also testified that his team advised J&J in 1971 about the presence of asbestos chrysotile in the talc manufactured by the company, though at less than 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update Talc and cancer risk. First trial after J&J made the decision to split its talc division and declare bankruptcy is a pivotal moment of the ongoing lawsuit controversy. The trial started yesterday in the harrowing case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma earlier this year. a diagnosis lawyers on both sides agree is a harrowing tragedy.
The opening statements exposed the sharp differences in the two sides’ story. The attorney representing the plaintiff took aim towards Johnson & Johnson, alleging the use of misleading tactics in research practices and throughout the litigation process. The attorney claims that, according to, the company tried to manipulate the definition of asbestos in spite of internal documents from between 1978 and 1994 that showed fibers discovered in the tissue of the plaintiff are included.
Johnson & Johnson’s uncertain $8.9 billion settlement is hanging in the balance with the progress of this trial. Despite the particularity of this mesothelioma case and its unique challenges compared to most talcum powder lawsuits A verdict in favor of the plaintiff could be an enormous setback for J&J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31, 2023 Update: Johnson and Johnson’s bankrupted talc unit has was able to defend its two-time 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 situation was vastly different from the earlier filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion from J&J, the largest settlement ever made in the history of a mass tort bankruptcy. Talc and cancer risk. Not mentioned: how the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed that it received support from numerous plaintiffs’ law companies representing over sixty thousand claimants. It is difficult to confirm however it is likely to be incorrect.
May 24 2023 Update: As of Johnson & Johnson’s 2021 bankruptcy filing, the very first trial concerning its cosmetic talc products allegedly containing asbestos is set to begin jury selection on Monday, California in Alameda County Superior Court, a historically good court for plaintiffs. The plaintiff claims that his mesothelioma was triggered by asbestos exposure from J&J’s products and J&J denies. The trial also includes six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update Lawyers involved in the second J&J talc bankruptcy are fighting over who should be chosen to fill the role of the claims representative in the future, a role that is critically essential to the resolution of the Talc claims. Talc and cancer risk. Randi Ellis, a lawyer who regularly appears in MDLs throughout the United States, was appointed as the claims representative during the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed to this position in the future, however lawyers representing the talc plaintiffs have raised objections because Ellis has a conflict of interest which should stop her from holding that position once more. The conflict stems from the reality that Ellis was apparently involved in the drafting of the highly contested second bankruptcy, which raises concerns regarding her capacity to remain neutral. However, the reality is that this bankruptcy will likely to be dismissed in the end.
May 17, 2023 Update: The pretend company that J&J put together to settle the talc litigation bankruptcy has informed an New Jersey bankruptcy court that they had allocated $400 million to settle claims of states that accuse the company of deceptive advertising for its talc product. Talc and cancer risk. So that makes it an $8.5 billion settlement to cancer victims. It’s difficult to envision a scenario where J&J will be able to push these settlements for babies with these numbers. While J&J’s $8.5 billion offer seems like a lot of money at first, it does not look good when you do the math. The proposed settlement based on our rough calculations would not pay victims much more than a median settlement of $100,000 per case. That’s not enough.
May 15th, 2023 Update: J&J might be facing lawsuit brought by an advocacy group representing cancer victims. Talc and cancer risk. The group claims J&J deliberately retracted the $61.5 billion financing agreement with its subsidiary, LTL Management LLC, in order to create a false sense of financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group argues that this act could be interpreted as a fraudulent transfer of rights of compensation for victims. They are planning to study J&J’s actions as a result of the decision to dismiss the first bankruptcy case of LTL.
May 10, 2023 Update: Next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion reject the second bankruptcy filing of J&J subsidiaries LTL Management. In the meantime, this bankruptcy court has issued an Order requiring both sides to take part in a settlement mediation with the hopes of achieving an international settlement agreement can be been reached.
May 5, 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer from asbestos exposure. Talc and cancer risk. Over 2700 people have sued the company and it is paying $1 million per month for legal defense. The company’s recent $29 million verdict that was handed down in South Carolina forced it to pursue bankruptcy protection, and arguing for an equitable distribution of assets between the claimants of talc instead of being confiscated from 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 resume talks on settlement with lawyers who rejected Johnson & Johnson’s $8.9 billion offer for settlement. The court in Trenton, New Jersey yesterday the parties gathered in court to discuss the next steps to take in this second case of bankruptcy. Judge Kaplan pushed more settlement talks.
This is the best way to resolve the claims of J&J. A baby powder settlement could be completed. Talc and cancer risk. However, it’ll require more money – more billions of dollars – from Johnson & Johnson.
Lawyers are divided over whether to take the proposal or not and not every client views the issue the same way their lawyer sees it. The second bankruptcy case is bound to fail and 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 The group of cancer patients suing Johnson & Johnson (J&J) demanded an order from the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation over talc products. The group representing the claimants 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. Talc and cancer risk. They also requested that the halted tort litigation against J&J should be permitted to continue.
LTL applied for Chapter 11 protection once again after its first bankruptcy filing was rejected by the Third Circuit earlier this year with a $8.9 billion payment. The committee believes that the recent ruling allowing LTL’s third Chapter 11 to continue, while also halting trials against J&J is a reason for immediate Third Circuit review. The US Trustee also requested that be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a response in the appeals court calling the request a “desperate and legally flawed attempt” by a handful of law firms with conflicts of financial interests.
May 1 2023 Update: One common question that people ask is how plaintiffs and their lawyers be able to turn down $8.9 billion. Of course, it’s an immense amount of money. But there are plenty of victims. Talc and cancer risk. These are an excellent cases for plaintiffs. We were reminded of this last week in two talc trials which have resulted in huge verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon resulted in a verdict worth $18.1 million. The following month, a second mesothelioma trial involving talc was held for the court in South Carolina and resulted in a verdict of $29million for the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc., one of the largest suppliers of talc within the U.S.
April 30th, 2023 Update: When J&J first attempted to drag the talcum powder litigation into bankruptcy, it did so with an offer to set aside $2 billion to settle the case. The amount was absurdly low. There was no one among the talc victims who agreed with the proposal. 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 section of the talc victims as well as their lawyers. Talc and cancer risk. But with 75% of plaintiffs in the talc category, which is required to approve bankruptcy plans is a difficult road because of the number of lawyers who have large inventories of baby powder-related lawsuits, opposed to the settlement.
What could solve 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 ridiculously made-up Johnson & Johnson subsidiary, insisting that the company is not financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc and cancer risk. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company wasn’t eligible for bankruptcy relief as it did not show financial distress.
The plaintiffs argue that LTL’s third Chapter 11 case is an misuse of the bankruptcy system and it’s being pursued in bad good faith. J&J says the bankruptcy settlement has “significant support” from companies representing about 60,000 potential claimants. It is fair to say that lawyers representing plaintiffs and victims ‘ lawyers are not united over what they believe is an $8.9 billion offer for settlement.
April 21st, 2023 Update: A bankruptcy judge decided in favor of Johnson & Johnson must face new lawsuits alleging that the firm sold tainted baby powder causing cancer. Even though trials for talc lawsuits are paused for at least 60 calendar days and new lawsuits are able to be filed, and lawyers can begin preparing their cases. Talc and cancer risk. Judges expressed skepticism about J&J’s attempt to revive its strategy with a second bankruptcy trial.
April 13th 2023: Update on the biggest story is that there’s an $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer victims involved in MDL class action MDL Class Action have pledged to challenge the settlement Talc claimants. Why? They believe it’s not enough for 70,000 victims who have cancer. Talc and cancer risk. These lawyers argue that J&J should seek a bigger settlement or even litigate individual claims if the latest bankruptcy is dismissed.
However, there is a second group of lawyers that is not part of the leadership in the class action. These lawyers have amassed 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 appears to be two-fold. First, they argue that the settlement of around 100 million dollars on average per plaintiff is fair.
It’s a difficult argument to prove. The second argument is more force: victims should be no longer patient and demand their money today.
April 12, 2023 Update: People are wondering if J&J can file for bankruptcy again. The answer is complicated and confusing. But let’s try to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only method to address both present and future talc-related lawsuits definitively. That is, it believes that it will be less expensive in the event of the bankruptcy element which applies pressure to negotiate a settlement. Talc and cancer risk. In a quest to cover 400 years of American history, the firm argues that bankruptcy benefits everyone by dispersing settlement payments more equitably and more efficiently than trial courts where litigants are awarded significant award while others do not.
The essence of this 3rd Circuit decision was this is not a matter of one that makes a profit, but an entity to assume the legal liability and declare bankruptcy Congress had in mind when it came to drafting the Bankruptcy Code. But it also said that the entity was in financial trouble due to the fact that J&J promises unlimited funding.
Thus, J&J did not hesitate to take advantage of the funding unlimited part of the deal and didn’t make any promises to provide unlimited funding for lawsuits. J&J claims that its new financing agreements with its subsidiary addresses the concerns of the appellate court, while offering claim payment funds. In the hope that offering victims lower amounts of money would resolve the problem at hand.
Attorneys representing cancer patients who are against the agreement argue this by arguing that the plaintiff is the legal argument. Talc and cancer risk. They counter with legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s decision. Hyperbole is not exempt by the victims’ lawyers, who call it the most significant “fraudulent move in United States history.”
In spite of the legal jargon, J&J does not really think this bankruptcy will survive. However, it’s a means to push for this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10 2023 Update: Bloomberg is running an intriguing article about a new law of New Jersey that is shedding new light on the funding of litigation in the suit for class actions. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) regarding talc products, in exchange for a share of any winnings. J&J is now offering the payment of $8.9 billion to settle lawsuits.
The funders’ involvement is publicly available due to the New Jersey court rule requiring the disclosure of certain information about outside funding backers. This rule is intended to respond to the increasing calls for regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you add up federal and state child powder-related lawsuits. Third-party funding of mass tort cases is not without its pros and cons. But there is no question 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’s enjoyable to see the worm turn in this case. J&J was hit again this week when they were denied by the Third Circuit denied J&J’s request to extend the automatic stay as J&J appeals an order granting bankruptcy at the U.S. Supreme Court. This automatic stay stopped the cases of talcum powder in a number of years and stopped new lawsuits from arising ever since J&J began the controversial plan to spin the talc debts into a bankrupt company over a year earlier. Talc and cancer risk. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient a few months ago, the stay was revoked. J&J wanted to see it stayed in place until 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. The odds that of the Supreme Court is willing even to accept the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay now in effect, the first new cases were filed and incorporated into the class action involving talcum powder MDL in the space of a year. Seven new talc lawsuits have been joined to the MDL in the past month and brought the total number of cases that are pending to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) begin an investigation to determine how much J&J talc products have cost the government over the years.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of failing to recognize the dangers of its talc products over decades while tax dollars were spent on treating people who suffered injuries from exposure to the products. The suit comes just a few days following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talc and cancer risk. J&J has to begin making reasonable settlements to victims to to put all of this behind it. It’s a mark on one of the greatest businesses.
February 14 2023 Update: In an earlier 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 Talc and cancer risk. 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!