You May be Entitled to Significant Compensation Talc asbestos cases. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed settlement for talc would be worth $440 million US state AGs. Talc Asbestos Cases .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of a broader $8.9 billion effort to settle allegations that its Baby Powder as well as other talc ingredients cause cancer. Talc asbestos cases.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company will pay various types of cancer patients in bankruptcy settlement. Talc asbestos cases. J&J has claimed that its Talc products are safe and will not cause cancer. The company is trying for another time to settle more than 38,000 lawsuits filed in bankruptcy and prevent new cases from arising in the future.
LTL’s bankruptcy plan will pay $400 million into a separate trust for claims made with state attorneys general alleging that J&J was in violation of states’ unfair practices as well as consumer protection laws by misinforming consumers about the safety of its talc products.
Some states had started consumer protection actions against J&J prior to LTL’s bankruptcy filing prevented these investigations from proceeding in 2021. Talc asbestos cases. New Mexico and Mississippi had already launched actions for damages against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas in LTL’s court filings.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished as well as cancer patients and the U.S. Justice Department’s bankruptcy watchdog. They argue that a profit-making company such as J&J does not qualify for bankruptcy protections meant for the struggling debtors.
The company’s initial attempt to resolve the bankruptcy cases was thrown out after similar arguments, when a U.S. appellate court determined the LTL had not been in “financial difficulty” and was not eligible for bankruptcy protection. Talc asbestos cases. LTL declared bankruptcy a second time in just two hours following the dismissal, arguing its second attempt was different due to the fact that it was able to borrow less and had a greater chance of securing an agreement.
New Mexico and Mississippi said in their motion to dismiss LTL’s new bankruptcy violates state law enforcement powers by trying to unilaterally cap the liability of the company in state consumer protection laws.
Talc Asbestos Cases
LTL’s filings for the new year also contained more details on how the company would assess and pay for cancer claims should the bankruptcy plan be approved.
The largest amount of money under the settlement will be $500,000 for people diagnosed with mesothelioma terminal prior to the age of 45, and $260,000 for people diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement offers discounts based on the kind and severity of cancer, an individual’s years of age, their history of usage of talc and other variables. Talc asbestos cases. For instance, a woman who used the talc product on a regular basis, had the family history of ovarian cancer and was diagnosed the stage 2 ovarian cancer by age 55 may qualify to receive a payment of $21,125 under the settlement plan.
Judge orders J&J and talc opponents to participate in settlement talks.
After another round of hearings in Johnson and Johnson’s efforts to use a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing the move to conduct settlement talks, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management–a subsidiary established by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Talc asbestos cases. While one firm representing plaintiffs is in favor of the deal, another group is opposed to the offer.
The previous week, the opposition group, which is known as”the Official Committee of Talc Claimants requested the bankruptcy court to dismiss the case by asserting that LTL can not be considered in financial distress.
“The filing is a desperate and legally ineffective attempt by a small number of law firms to try to stop claimants from deciding on the resolution plan, a plan the vast and growing majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc asbestos cases. “The law firms who filed the filing are pursuing financial interests which do not align with, diverge from, and oppose the interests of their clients. We’ll soon submit an answer an appeal to the appellate court.”
Talc asbestos cases. Clay Thompson, a lawyer for MRHFM, which has more than 80 mesothelioma patients who have filed lawsuits against J&J claimed that J&J’s second bankruptcy attempt will fail.
“J&J publishes press release about how great its plan is, while insisting that the details of its plan–including the treatment individuals with illnesses would receive–be kept secret,” Thompson said in the statement. “What do they have to hide?”
Kaplan has instructed the sides to come up with another reorganization plan, under supervision by two mediators.
In February 2022, Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that will free J&J from the hundreds of thousands of claims over its talcum products.
However, in January of this year a federal appeals court ruled against the verdict, ruling that the company could not be considered in “financial distress.”
In the event that J&J’s request to challenge the U.S. Supreme Court was dismissed at the end of April J&J declared bankruptcy about two hours later. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to approve an additional bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B settlement charge for talc.
In the two Chapter 11 attempts, J&J has purchased 19 months of which cases have been on hold. Talc asbestos cases. The company is requesting that claimants take a vote to accept their settlement. J&J will require 75% support in order for the agreement to be accepted.
In addition to the team of talc lawyers that criticized the company’s bankruptcy play, the U.S. Trustee, a branch that is part of the U.S. Department of Justice is also submitting 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 the bankruptcy court remain “open to honest but unfortunate debtors.” These doors “are not open to any parties that lack a legitimate bankruptcy goal or who seek to use the bankruptcy process to hinder or delay their creditors,” Vara continued.
For its part, J&J maintains there is no proof conclusive that their products containing talc, such as the famous baby powder, can cause cancer. J&J has adopted the products of the market first in North America in 2020–and the rest of the world this year.
J&J seeks to avoid the expense of going to court. It has won the majority of cases that have been resolved in court, however some losses have been punitive.
A highly-publicized trial in Missouri produced a $4.7 billion verdict against the drug company but was later reduced to $2.1 billion after 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 resolved. Out of 41 trials 32 have ended in an outcome for J&J either through a mistrial or plaintiff verdicts that were dismissed upon appeal. Talc asbestos cases. In addition, J&J in 2020 sought to settle around 1000 cases for 100 million dollars, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Asbestos Cases
Our lawyers handle baby powder lawsuits in every state. The lawsuits involving talcum powder in the case of Johnson & Johnson have been in the process for several years. Talc asbestos cases. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in products like baby Powder along with Shower to Shower as well as other products, may cause cancer of the ovary in certain women.
This article provides the J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amount in these ovarian cancer lawsuits.
Is the deadline 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 at 800-553-882 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Asbestos Cases
June 2 2023 Update: In the asbestos talc case which took place in California yesterday, a couple of technical issues disrupted the opening statements made by defense lawyers. Talc asbestos cases. Jurors from home via Zoom however, heard Johnson and Johnson’s lawyer express skepticism about the 70s science affirming the presence of asbestos in their product, but the proceedings abruptly ended.
Meanwhile, the plaintiff was able to introduce their first witness, Arthur Langer. Langer explained that the occurrence of additional minerals along with talc is inevitable. He claimed that his group was notified by J&J in the year 1971 about the presence of chrysotile asbestos within the talc of the company, but at lesser than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update Talc asbestos cases. First trial after J&J decided to spin off its Talc section and declaring bankruptcy marks an important point in the ongoing talc lawsuit drama. The trial started yesterday in the poignant case of a young, 24-year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma earlier this year. which both sides of the argument agree is a tragic loss.
Opening statements revealed the sharp differences in the two sides’ narrative. The attorney representing the plaintiff took aim at Johnson & Johnson, alleging the use of deceitful methods in their research practices as well as throughout the litigation process. According to the attorney the company attempted to manipulate the definition of asbestos, in spite of internal documents from 1978 and 1994 showing that asbestos fibers found in tissues of the plaintiff are part of.
Johnson & Johnson’s uncertain $8.9 billion settlement offer hangs in the balance with the progress of this trial. Despite the unique nature of this mesothelioma case and its distinctive issues in comparison to other lawsuits involving talcum powder, a verdict favoring the plaintiff could cause a serious setback to J&J’s hopes for broad acceptance of their settlement proposal among plaintiffs.
May 31st, 2023: Update from Johnson and Johnson’s bankrupted talc unit has strongly defended their 2nd Chapter 11 filing in the opposition of talc injury claimants. In an appeal to the New Jersey bankruptcy court, the company argued that the case was distinct from the prior filing. It also emphasized the unprecedented commitment to $8.9 billion by J&J which is the largest ever settlement in any bankruptcy case that involves mass tort. Talc asbestos cases. The issue is not discussed: whether the size of the settlement means it is an equitable settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms representing over sixty thousand claimants. This is not easy to confirm however it is likely to be incorrect.
May 24 2023 Update: Following Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial regarding its cosmetic talc items allegedly comprised of asbestos is set to commence jury selection on Monday in California at Alameda County Superior Court, which is a well-known court for plaintiffs. The plaintiff asserts that his mesothelioma was triggered by asbestos exposure through J&J’s products, an allegation that the company is denying. The trial also involves six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are now in a dispute over who should be chosen to fill the role of the future claims representative, the role is crucially critical to resolving claim for talc. Talc asbestos cases. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation was appointed the claims representative in the first bankruptcy. J&J’s defense team would like Ellis to be appointed in that position and again, but attorneys for the talc plaintiffs have raised objections on the grounds that Ellis has conflicts of interest which would prohibit her from holding that position in the future. The conflict stems from the reality that Ellis was apparently involved in drafting the hotly contested second bankruptcy, which raises concerns regarding her capacity to remain neutral. It’s true that the bankruptcy will be dismissed in the end.
May 17th, 2023 Update: The pretend company J&J made up for the talc bankruptcy has informed an New Jersey bankruptcy court that they have allocated $400 million to settle claims brought by states accusing the company of deceitful advertising for its talc-based products. Talc asbestos cases. It’s a $8.5 billion settlement to cancer victims. It is hard to imagine any scenario in which J&J will be able to push these baby powder settlements through in these figures. While J&J’s $8.5 billion offer might seem like a lot of money initially, it does not appear appealing when you do the math. The settlement plan 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 may be in the middle of a lawsuit from an advocacy group that represents cancer patients. Talc asbestos cases. The group claims J&J intentionally withdrew an $61.5 billion contract for funding that it had with its company 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 asserts this action is equivalent to a fraudulent transfer of the victims’ compensation rights. They intend to investigate J&J’s actions following of the decision to dismiss the first bankruptcy case of LTL.
May 10 2023 Update: During the next week next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to reject the second bankruptcy filing by J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however this bankruptcy court has issued an Order which requires both sides to participate in a new settlement mediation with the hopes of achieving an international settlement agreement can be come to fruition.
May 5, 2023 Update: Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer from asbestos exposure. Talc asbestos cases. Over 2,700 individuals have sued the company and it is spending $1 million a month on legal defense. The company’s recent $29million verdict on the state of South Carolina forced it to pursue bankruptcy protection, and arguing for a fair distribution of assets among talc claimants instead of being taken over by the receiver. Other talc suppliers have also filed for bankruptcy due to the litigation.
May 4, 2023 Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart talks with lawyers who turned down Johnson & Johnson’s $8.9 billion offer for settlement. The court in Trenton, New Jersey yesterday, the parties appeared in court to discuss the next steps for another bankruptcy proceeding. Judge Kaplan pushed more settlement talks.
This is the best way to resolve the claims of J&J. A baby powder settlement can get done. Talc asbestos cases. However, it’ll require more money – billions of dollars by Johnson & Johnson.
Lawyers are split on whether to take the proposal or not and not every client sees this issue the same way their lawyer does. The second bankruptcy case is likely to fail as Judge Kaplan has scheduled a hearing for June to decide whether to remove the bankruptcy after the second.
May 3, 2023 Update The group of cancer patients suing Johnson & Johnson (J&J) demanded that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation over talc products. The committee representing talc claimants filed a motion on Tuesday asking to the Third Circuit to consider their case and send it back the lower court with instructions to dismiss the bankruptcy. Talc asbestos cases. They also asked that lawsuit against the halted torts of J&J should be permitted to continue.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year which offered the possibility of an $8.9 billion agreement. The committee argues that the recent ruling which allowed the second Chapter 11 to continue, and also stopping trials against J&J should be subject to urgent 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 formal response in the appeals court, declaring the filing a “desperate and legally flawed move” by a few of law firms who have competing financial interests.
May 1st, 2023 Update: One common question that people ask is how could the plaintiffs’ lawyers and their clients turn off $8.9 billion. Of course, it’s a lot of money. But there are a lot of victims. Talc asbestos cases. They are a great case for plaintiffs. We were reminded of this last week with two talc trials have resulted in huge verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon led to an award of $18.1 million. In the same month, a different mesothelioma-related talc case went to trial in 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 most prominent suppliers of talc within the U.S.
April 30 2023 Update: When J&J first tried to bring the lawsuit over talcum powder into bankruptcy, it came with an offer to reserve $2 billion for settlements. The sum was ridiculously low. The talc plaintiffs had not agreed with it. This time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they accept a bankruptcy settlement and they have the support of a substantial segment of the talc plaintiffs as well as their lawyers. Talc asbestos cases. But with 75% of plaintiffs of talc are required for bankruptcy plan approval is a difficult road since there are so many lawyers with large inventories of baby powder lawsuits opposed to the settlement.
What can be done to end the impasse? More billions.
April 25 2023 Update Talc plaintiffs have asked a judge to dismiss the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, which claims that the business is not financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc asbestos cases. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company was not eligible to receive bankruptcy relief because it did not show financial difficulties.
The plaintiffs argue that the third Chapter 11 case is an fraud on the bankruptcy system, and that the case is being handled in bad good faith. J&J claims the bankruptcy settlement is backed by “significant support” from firms representing around 60,000 plaintiffs. It’s fair to say that lawyers representing plaintiffs and victims ‘ lawyers are divided on the $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge has decided in favor of Johnson & Johnson must face new lawsuits claiming that the company sold a baby powder that contained a chemical that causes cancer. While trials in talc lawsuits are paused for at least 60 days however, new lawsuits may be filed, and lawyers may begin to prepare their cases. Talc asbestos cases. Judges expressed skepticism about J&J’s pathetic attempt to relaunch its strategy in a second bankruptcy trial.
April 13th 2023 update: the biggest announcement is an $8.9 billion over the next 25 years settlement offer. Lawyers representing cancer victims within MDL class action MDL group action promised to fight the settlement with Talc claimants. Why? They think it is not enough for those suffering from cancer who are 70,000. Talc asbestos cases. These lawyers believe that J&J should negotiate a larger settlement or even litigate individual claims if the most recent bankruptcy is thrown out.
But there is another group of lawyers outside of the leadership in this class action. The lawyers collectively have accumulated hundreds of thousands of cases. This group wants to settle today with what they believe is lower than what the victims should be paid. The argument they make is two-fold. First, they argue that the settlement, which is about 100 million dollars on average per plaintiff is fair.
This argument isn’t easy to prove. The second argument is more force: the victims can now not wait and they want to get their money right now.
April 12 2023 Update: Many are seeking out how J&J can file for bankruptcy once more. The answer is complex and complicated. However, let’s attempt to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future lawsuits involving talc conclusively. That is, it believes that it will be less expensive when there is a bankruptcy element that creates pressure for a settlement. Talc asbestos cases. In a quest to cover more than 400 years in American history, the firm claims that bankruptcy benefits everyone by dispersing settlements more fairly and more efficiently than trial courts where litigants are awarded significant awards while others receive nothing.
The basic tenet in the 3rd Circuit decision was this isn’t a case that involves a profitable company making an entity to assume the legal burden and declare bankruptcy Congress contemplated when drafting the Bankruptcy Code. It also clarified that the entity was financially distress due to the fact that J&J promised unlimited funding.
This is why J&J took advantage of the unlimited funding aspect of the holding and didn’t promise to provide unlimited funding for lawsuits. The company claims that modified financing arrangements with its subsidiary addresses the appeals court’s concerns, while offering funds to pay claims. In the hope that offering victims lesser money could solve the overall issue.
Lawyers representing cancer patients who oppose the agreement counter this argument by saying that it is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s ruling. Hyperbole is not exempt: victims’ lawyers call it the largest “fraudulent transfer 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 to push for this $8.9 billion settlement to keep the pressure on plaintiffs.
April 10 2023 Update: Bloomberg provides an insightful article on 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. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) over talc products in exchange for a portion of any settlements. J&J has now offered an offer of $8.9 billion in settlements for all lawsuits.
The involvement of funders is publicly available due to a New Jersey court rule requiring the disclosure of certain information about outside funding backers. The law is designed to respond to the increasing calls for the regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you combine state and federal Baby Powder lawsuits. 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 financing can help level the playing field for individuals and large corporations in court.
April 4 2023 Update: It is interesting to watch the worm turning in this legal battle. J&J took another hit this week when it was found that the Third Circuit denied J&J’s request to keep the automatic stay in place while J&J appeals an order granting bankruptcy to the U.S. Supreme Court. Automatic stays have froze thousands of talcum powder cases and stopped any new lawsuits from getting filed ever since J&J started the controversial process to spin talc-related liabilities into a bankrupt company over a year earlier. Talc asbestos cases. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient a few months ago, the stay was lifted. J&J wanted to see it continue in the meantime of an appeal to the SCOTUS appeal. But, no.
April 1, 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 take up the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay now fully lifted, the first new cases have been filed and transferred into the class action involving talcum powder MDL within a year. Seven new talc lawsuits were added to the MDL in the past month and brought the total number of cases in the pending process up to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee is now demanding that be the U.S. Government Accountability Office (GAO) launch an investigation to determine how much J&J Talc products have cost the government over the years.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of not recognizing the risks of its talc product for many years, while tax dollars were spent on treating people who suffered injuries from exposure to the products. The lawsuit comes just a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Talc asbestos cases. J&J needs to start making reasonable settlement offers to victims to to put all of this behind it. This is a blemish on one of the top firms.
February 14 2023 Update: At the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc asbestos cases. 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!