You May be Entitled to Significant Compensation Talc and endometrial 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 for talc would pay $440 million US state AGs. Talc And Endometrial Cancer .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of its broader $8.9 billion effort to settle claims that its Baby Powder as well as other talc items cause cancer. Talc and endometrial cancer.
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 victims in an arrangement for bankruptcy. Talc and endometrial cancer. J&J has stated that its Talc products are safe and do not cause cancer. J&J is seeking an additional time to conclude more than 38,000 cases in bankruptcy, and to prevent any new cases from being filed in the near future.
LTL’s bankruptcy plan would pay $400 million into a separate trust for claims brought from state attorney generals claiming that J&J was in violation of states’ unfair practices and consumer protection laws, by deceiving consumers regarding the dangers of its talc products.
Many states had initiated consumer protection measures against J&J prior to the time that LTL’s bankruptcy filing prevented these investigations from proceeding in 2021. Talc and endometrial cancer. New Mexico and Mississippi had already initiated lawsuits in the past against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative 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 those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog, who have argued that a profitable company such as J&J is not eligible for bankruptcy protections designed for the struggling debtors.
The first time LTL attempted to settle the bankruptcy cases was dismissed following similar arguments, when a U.S. appeals court decided the LTL did not have “financial financial distress” and therefore not eligible of bankruptcy protection. Talc and endometrial cancer. LTL filed a second bankruptcy just over two hours after the decision to dismiss, arguing that the second bankruptcy was different as there was less money available and more backing for the possibility of settling.
New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates state law enforcement powers by trying to unilaterally cap the liability of the company for state consumer protection measures.
Talc And Endometrial Cancer
LTL’s new filings also included more information on how the company would evaluate and settle cancer claims when the bankruptcy plan is approved.
The highest payments under the settlement will be $500,000 for those diagnosed with mesothelioma that is terminal before age 45 and $260,000 for people diagnosed with terminal ovarian cancer before age 45.
From there, the proposed settlement will offer discounts based on the type and severity of cancer, the individual’s age, previous usage of talc and other variables. Talc and endometrial cancer. For example an individual who was using talc products weekly, had the family history of ovarian cancer, and was diagnosed with stage II ovarian cancer by age 55 may be eligible for a $21,125 payout under the plan.
Judge orders J&J, talc opponents to participate in settlement talks.
After another round of hearings in Johnson & Johnson’s effort to implement a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the plan to enter into talks to reach a settlement, Bloomberg reports.
With its second bankruptcy bid for LTL management, a subsidiary founded by J&J to hold the claims–the company offered a settlement of $8.9 billion. Talc and endometrial cancer. While a group of law firms representing plaintiffs supports the deal, another group opposes the move.
The previous week, the opposition group, which is known as”The Official Committee of Talc Claimants and urging the bankruptcy court for dismissal of the matter by argument that LTL is not a factor in financial distress.
“The filing is a desperate and legally ineffective attempt by a tiny number of law firms to prevent claimants from voting on the resolution, which that the overwhelming majority of claimants support,” J&J’s litigation chief Erik Haas, said in an announcement. Talc and endometrial cancer. “The law firms behind their filing are financially oriented and have conflicts that clash with, differ from and contravene those they represent. We will be submitting an answer before the court of appeals.”
Talc and endometrial cancer. Clay Thompson, a lawyer for MRHFM which includes more than patients with mesothelioma who have sued J&J and J&J, has said that J&J’s second bankruptcy attempt is likely to fail.
“J&J sends out press releases about how great its plan is, while demanding that plan details–including what individual sick people would actually receive — be kept private,” Thompson said in an email. “What does the company have to conceal?”
Kaplan has instructed the sides to create a restructuring plan, with the oversight of two mediators.
In February 2022, Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would release J&J from the tens of thousands of claims concerning its talcum products.
But in January of this year, a federal appeals court ruled against the verdict, ruling that the company was not able to be considered to be in “financial difficulty.”
After J&J’s make an appeal before the U.S. Supreme Court was rejected at the end of April J&J filed for its second bankruptcy just two hours later. In response to that move, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to allow an additional bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
Through 2 Chapter 11 attempts, J&J has purchased 19 months of which the cases were on hold. Talc and endometrial cancer. The company is requesting that claimants take a vote to accept their settlement. J&J would need 75% support for the deal to go through.
In addition to the group of talc lawyers who panned the bankruptcy of the company in the U.S. Trustee, the U.S. Trustee which is a division of the U.S. Department of Justice, also filed a motion to dismiss the second bankruptcy case of LTL.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest, but naive debtors.” These doors “are not open to any parties that do not have a legitimate goal or who seek to abuse the bankruptcy process to hinder or delay their creditors.” Vara continued.
To its credit, J&J maintains there is no conclusive evidence that its Talc products, which includes its famous baby powder, cause cancer. J&J has taken its products off of the market, first on North America in 2020–and the rest of the world later this year.
J&J is determined to stay clear of the cost of going to court. The company has won most of the cases that have been resolved through trial, though certain losses have been extremely punishing.
A highly publicized trial in Missouri produced a $4.7 billion verdict against the drug maker but 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 cases involving talc, which are on appeal or have been settled. In 41 trials 32 ended with an outcome for J&J, a mistrial or plaintiff verdicts that were overturned after appeal. Talc and endometrial cancer. The company also in 2020 moved to settle nearly 1,000 cases for the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc And Endometrial Cancer
Our lawyers handle baby powder cases in all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been in the process for several years. Talc and endometrial cancer. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient in products such as Baby Powder and Shower to Shower which can cause ovarian cancer among some women.
This page gives a J&J Talc Power Update and discusses how the upcoming bankruptcy ruling will affect the final settlement amount in these cases of ovarian cancer.
Has the deadline passed for you to file a talcum powder lawsuit? Many who believe that the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc And Endometrial Cancer
June 2 2023 Update: During an asbestos talc court trial held that took place in California yesterday, some technical issues halted the opening statement by the defense attorneys. Talc and endometrial cancer. The jurors, attending from home on Zoom but did not hear Johnson &Johnson’s lawyer express doubt about the 70s research asserting the presence of asbestos in their product prior to the session abruptly ended.
Meanwhile, the plaintiff could present the first of their witnesses, Arthur Langer. Langer explained that the existence of other minerals with talc is inevitable. He said that his team informed J&J in the year 1971 of the presence of chrysotile asbestos the talc produced by the company, although in just 0.1 percent. He also found more asbestos in 1976.
June 1, 2023 Update: Talc and endometrial cancer. A trial for the first time since J&J took the decision to disband its Talc division, and then declare bankrupt is an important moment in the ongoing talc litigation saga. The trial began on Tuesday in the harrowing trial of a young plaintiff who was diagnosed with an aggressive and rare form of mesothelioma in the past year, which both sides of the argument agree is a tragic loss.
Opening statements laid bare huge differences between the sides’ story. The plaintiff’s attorney took aim against Johnson & Johnson, alleging the use of deceptive techniques in its research practices and throughout the litigation procedure. The attorney claims that, according to, Johnson & Johnson tried to alter the definition of asbestos, in spite of internal documents dating from the year 1978 and 1994 indicating that asbestos fibers in the tissues of the plaintiff are part of.
Johnson &J’s tangled $8.9 billion settlement proposal hangs in the balance as we progression of this trial. Despite the unique nature of this mesothelioma case and its unique challenges compared to most talcum powder lawsuits, a verdict favoring the plaintiff could result in the company with a major setback in its hopes of broad acceptance of their proposed settlement with plaintiffs.
May 31st, 2023: Update from Johnson & Johnson’s bankrupt talc division strongly defended its second Chapter 11 filing in the opposition of the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, it argued that the situation was distinct from the first filing. It emphasized the unprecedented commitment to $8.9 billion by J&J which is the largest settlement ever made in any bankruptcy case that involves mass tort. Talc and endometrial cancer. It was not mentioned how this amount signifies that it’s an equitable settlement. J&J also claimed that it received support from several plaintiffs’ legal firms representing more than 600,00 claimants. This is difficult to verify but is probably incorrect.
May 24 2023 Update: In the wake of Johnson & Johnson’s 2021 bankruptcy filing, the first trial on its cosmetic talc items allegedly containing asbestos is set to start jury selection Monday, May 24, California at Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff asserts that his mesothelioma was caused by asbestos exposure from J&J’s products and that the company denies. The trial also involves six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update: Lawyers involved in the second J&J Talc bankruptcy are disputing who should be chosen to fill the post of the claims representative in the future, the role is crucially important to resolving the claims involving talc. Talc and endometrial cancer. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation was appointed as the claims representative in the initial bankruptcy. J&J’s defense attorneys want Ellis to be appointed to that role again, but lawyers for the plaintiffs in talc are arguing to the claim that Ellis has an unrelated conflict of interest that should prevent her from taking on that role once more. The conflict stems from the reality that Ellis was believed to have been involved in the drafting of the highly contested second bankruptcy, raising doubts about her capacity to be neutral. The reality is this bankruptcy could be dismissed in the end.
May 17th, 2023 Update: The pretend company J&J put together to settle the talc litigation bankruptcy informed the New Jersey bankruptcy court that they have allocated $400 million to settle claims made by states accusing J&J of misleading marketing for its talc product. Talc and endometrial cancer. So that makes it an $8.5 billion settlement for cancer sufferers. It’s difficult to imagine an eventuality where J&J can push the settlements of baby powder through with these numbers. Although J&J’s $8.5 billion offer sounds like a lot of money initially, it does not look very appealing when you look at the numbers. The proposed settlement based on our rough calculations, would not be able to pay victims more than a median settlement of $100,000 per case. This isn’t enough.
May 15th, 2023 Update J&J may be in the middle of a suit from an advocacy group that represents cancer patients. Talc and endometrial cancer. The group claims that J&J deliberately retracted an $61.5 billion contract for funding with its subsidiary, LTL Management LLC, to simulate financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group asserts this action could be interpreted as a fraudulent transfer of the rights of compensation for victims. They will investigate J&J’s actions as a result of the dismissal of LTL’s first bankruptcy suit.
May 10 2023 Update: Next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy filing by J&J subsidiaries LTL Management. However, in the meantime this bankruptcy court has issued an Order requiring both sides to participate in a new settlement negotiation with the hopes of achieving an international settlement agreement can be brokered.
May 5th, 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer due to asbestos exposure. Talc and endometrial cancer. Over 2,700 people have sued the company and the company was paying $1 million per month to defend itself. The company’s recent $29million verdict in South Carolina forced it to file for bankruptcy protection, arguing for equitable distribution of assets among talc claimants instead of being confiscated from the receiver. Other suppliers of talc have filed for bankruptcy due to litigation.
May 4 2023 update: U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen talks with lawyers who rebuffed Johnson & Johnson’s $8.9 billion deal. In Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps in this second case of bankruptcy. Judge Kaplan encouraged further settlement talks.
This is the way to resolve these claims for J&J. A settlement for baby powder can get done. Talc and endometrial cancer. However, it will require additional money – perhaps billions of dollars – by Johnson & Johnson.
Lawyers are divided over whether or not to agree with the proposal and not all clients view the issue in the same manner their lawyer sees it. A second bankruptcy proceeding is destined to be a failure with Judge Kaplan has scheduled a hearing in June to determine whether to dismiss the bankruptcy for the second time.
May 3, 2023 Update The group of cancer victims suing Johnson & Johnson (J&J) requested for the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation over talc products. The group representing the claimants has filed a motion this week asking that the Third Circuit to consider their case and to send it back an earlier court, with instructions to dismiss the bankruptcy. Talc and endometrial cancer. They also asked that the halted tort litigation against J&J allow the litigation to continue.
LTL applied for Chapter 11 protection once again after its first bankruptcy filing was rejected in the Third Circuit earlier this year and offered an $8.9 billion settlement. The committee says that the recent ruling allowing LTL’s third Chapter 11 to continue, while also halting trials against J&J, warrants urgent Third Circuit review. The US Trustee also asked that be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation, Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a formal response in the appeals court, declaring the filing an “desperate and legally flawed attempt” by a handful of law firms who have different financial interests.
May 1 2023 Update: One common question that people ask is how the plaintiffs’ lawyers and their clients turn on $8.9 billion. Of course, that is a lot of money. But there are plenty of victims. Talc and endometrial cancer. They are a great arguments for plaintiffs. We have been reminded of this recently when two talc cases led to huge verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon resulted in the verdict of $18.1 million. The following month, a second mesothelioma-related talc case went to trial on the other side of South Carolina and resulted in a verdict of $29 million in favor of plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. One of the top suppliers of talc in the U.S.
April 30th 2023 Update: J&J first tried to bring the talcum powder lawsuit into bankruptcy, it came with an offer to reserve $2 billion for settlements. The amount was absurdly low. The talc plaintiffs had not supported the offer. This time around, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and also has the support of a large section of the talc victims and their lawyers. Talc and endometrial cancer. But with 75% of plaintiffs in the talc category, which is required for bankruptcy plan approval is not an easy task due to the sheer number of lawyers with large collections of baby powder lawsuits opposed towards the agreement.
What could solve the impasse? More billions.
April 25, 2023, Update Talc patients have demanded a judge disqualify the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, saying the company is not financially strained. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talc and endometrial cancer. 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 because it had not demonstrated financial stress.
The claimants argue that LTL’s third Chapter 11 case is an misuse of the bankruptcy system, and that it’s being conducted in bad good faith. J&J asserts that the bankruptcy settlement has “significant backing” from firms representing an estimated 60,000 plaintiffs. It’s safe to say that the plaintiffs’ attorneys and the victims are split over what they believe is an $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge has decided in favor of Johnson & Johnson must face new lawsuits alleging that it sold baby powder that was contaminated and causing cancer. Even though trials for talc lawsuits are paused for a minimum period of 60 days but new lawsuits can be filed and lawyers are able to begin preparing their cases. Talc and endometrial cancer. The judge expressed his doubts about J&J’s attempt to revive its plan with a second bankruptcy trial.
April 13 2023 Update: The most important announcement is an $8.9 billion over the course of 25 years of settlement. Lawyers representing cancer patients who are part of MDL class action MDL class action have vowed to fight the settlement along with talc claimants. Why? They feel it’s too little money for the 70 000 cancer patients. Talc and endometrial cancer. They argue that J&J should negotiate a larger settlement or litigate individual claims if the latest bankruptcy is thrown out.
There is a different set of lawyers who are not part of the leadership in this class action. They have amassed many thousands of cases. This group wants to settle today for what many argue is far less than what these victims deserve. Their argument is two-fold. First, they argue the settlement of around 100,000 dollars per plaintiff is fair.
It’s a difficult argument to present. However, their second argument has more teeth: victims can not afford to wait any longer and need to get their money right now.
April 12 2023 Update: Many are looking for ways J&J could file for bankruptcy again. The answer is complicated and complicated. But let’s try to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only method to deal with both present and future talc litigations in a definitive manner. It thinks it can get a lower rate when there is an element of bankruptcy that puts pressure to settle. Talc and endometrial cancer. In a quest to cover 400 years of American history, the firm argues that bankruptcy benefits all parties as it distributes settlement payments more evenly and efficiently than trial courts, where litigants are awarded significant awards while others receive nothing.
The gist in the 3rd Circuit decision was this is not a matter of a profitable company making an affiliate to accept the legal risk and declare bankruptcy – something Congress considered when it was drafting the Bankruptcy Code. However, the court also ruled that the subsidiary was not financially distress due to the fact that J&J offered unlimited financing.
Then J&J took advantage of the unlimited funding aspect of the agreement and didn’t make any promises to fund unlimited litigation. The company claims that modified financing arrangements with its subsidiary addresses the appeals court’s concerns while still offering funds to pay claims. As if providing victims with less money would solve the overall issue.
Lawyers representing cancer victims who are against the agreement argue this argument by saying that it is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier decision. Hyperbole is not exempt the lawyers representing victims call this the biggest “fraudulent move that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think that the bankruptcy will endure. However, it’s a means of trying to push this $8.9 billion settlement to keep the pressure on plaintiffs.
April 10, 2023 update: Bloomberg is running an intriguing report on a brand new law in New Jersey that is shedding new light on the funding of litigation in the baby powder Class action suit. Funders for litigation 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 percentage of any settlements. J&J is now offering the payment of $8.9 billion in settlements for all lawsuits.
The funders’ involvement is public information because of the New Jersey court rule requiring the disclosure of certain information about funding sources outside of the. The law is designed to address the rising calls for the regulation of lawsuit funders. J&J has more than 60,000 claims when you combine federal and state child powder-related lawsuits. Third-party funding in mass tort claims has pros and pros and. There is no doubt that we are witnessing the ways that third-party funding can even the playing field between individuals as well as large corporations in court.
April 4 2023 Update: It is pleasing to see the worm turn in this litigation. J&J has taken another blow this week, when they were denied by the Third Circuit denied J&J’s request to extend the automatic stay in the meantime that J&J appeals a bankruptcy decision before the U.S. Supreme Court. The automatic stay has frozen thousands of talcum powder cases and prevented new lawsuits from being filed ever since J&J started the controversial process to spin the talc debts off into a bankrupt company over one year in the past. Talc and endometrial cancer. When it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was lifted. J&J had hoped to have it stayed in place until hearing the 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 for the Supreme Court is willing even to accept the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay officially lifted, the first new cases were filed and incorporated into the Talcum Powder class action MDL in just over a year. Seven new talc lawsuits have been included in the MDL during the month of March which brings the total number of pending cases up to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee has now demanded that the U.S. Government Accountability Office (GAO) begin an investigation into the amount J&J product containing talc has cost the government in the many years.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of not recognizing the risks of its talc products for long while tax dollars used to treat those who were injured through exposure to the chemicals. The demand comes just weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Talc and endometrial cancer. J&J has to begin making fair settlement offers to victims to in putting this behind. It’s a mark on one of the most prestigious businesses.
February 14 2023 Update: In the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc and endometrial 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!