You May be Entitled to Significant Compensation Talc bad for you. 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 talc settlement would be worth 400 million dollars to US state AGs. Talc Bad For You .
Johnson & Johnson (JNJ.N) has put aside $400 million to resolve U.S. state consumer protection actions as part of its broader $8.9 billion effort to settle claims that its Baby Powder and other talc-based ingredients cause cancer. Talc bad for you.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay different types of cancer victims in bankruptcy settlement. Talc bad for you. J&J has stated that its Talc products are safe, and do not cause cancer. J&J is seeking another time to settle more than 38,000 lawsuits filed in bankruptcy and stop new cases from coming forward in the near future.
LTL’s bankruptcy plan will pay $400 million into a separate trust for lawsuits filed from state attorney generals alleging that J&J did not comply with states’ unfair practices and consumer protection laws by misleading consumers regarding the quality of its talc products.
A number of states had already initiated consumer protection cases against J&J prior to the time that LTL’s bankruptcy filing stopped those investigations from taking place in 2021. Talc bad for you. New Mexico and Mississippi had already brought lawsuits with Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy in a joint move with cancer victims and the U.S. Justice Department’s bankruptcy watchdog, who have argued that a profitable company like J&J cannot benefit from bankruptcy protections meant for those struggling with debt.
The first attempt by LTL to resolve the bankruptcy cases was thrown out after similar arguments. In the end, a U.S. appeals court ruled the LTL wasn’t in “financial difficulty” and was not eligible for bankruptcy protection. Talc bad for you. LTL filed a second bankruptcy in just two hours following the dismissal, saying that the second bankruptcy was different because it had less money available and more support for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss LTL’s renewed bankruptcy violates the law enforcement powers of the state in attempting to unilaterally limit LTL’s liability to state consumer protection laws.
Talc Bad For You
LTL’s new filings also included more details on how the company plans to evaluate and pay cancer claims should the bankruptcy plan be approved.
The maximum amount under the settlement will be $500,000 for people diagnosed with terminal mesothelioma before age 45. Talc bad for you. The second payment would be $260,000 for those who have been diagnosed with terminal ovarian cancer before age 45.
From there, the proposed settlement provides discounts based on the kind and severity of the cancer, the person’s age, previous usage of talc and other variables. Talc bad for you. For example the case of a woman who used daily talc products, had an ovarian cancer family history, cancer and was diagnosed with stage II ovarian cancer at the age of 55 could be in line for a $21,125 payment under the program.
Judge ordains J&J and talc opponents to discuss settlement negotiations.
After another round of hearings in Johnson and Johnson’s efforts to employ a Texas Two Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing 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 handle the claims company offered a settlement amounting to $8.9 billion. Talc bad for you. While a firm representing plaintiffs agree with the proposal, another group opposes the move.
Earlier this week, the opposition group, called”the Official Committee of Talc Claimants, urged the bankruptcy court for dismissal of the matter by arguing that LTL is not a factor in financial hardship.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to stop claimants from deciding on the resolution plan, a plan that the overwhelming majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Talc bad for you. “The law firms involved in the filing are pursuing financial interests which are in conflict with, diverge from and infringe on the rights they represent. We’ll soon submit an appeal to the appellate court.”
Talc bad for you. Clay Thompson, a lawyer for MRHFM, which is home to more than patients with mesothelioma who have sued J&J and J&J, has said that J&J’s second bankruptcy effort will fail.
“J&J issues press releases describing how fantastic its plans are, but is demanding that plan details–including what each sick person will be treated to,” Thompson said in a statement. “What does the company have to cover up?”
Kaplan has directed the parties to develop a new reorganization plan, under supervision by two mediators.
On February 20, 2022 Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that will free the company from the tens of thousands of claims over its talcum products.
In January of this year, an appeals court of the federal government overturned the decision, deciding that the business could not be considered in “financial difficulty.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was dismissed on April 1, J&J declared bankruptcy just two hours later. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether or not to approve an additional bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.
Through Two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put suspended. Talc bad for you. The company would like claimants to decide whether they want to accept the settlement. J&J will require 75% acceptance in order for the agreement to be accepted.
In addition to the gang of talc attorneys who have panned the company’s bankruptcy and the U.S. Trustee is an arm from the U.S. Department of Justice is also submitting an application to dismiss LTL’s second bankruptcy.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest, but naive debtors.” The doors “are not open to any parties who do not have a legitimate bankruptcy goal or who seek to use bankruptcy to delay or hinder their creditors.” Vara continued.
For its part, J&J maintains there is no proof conclusive that their products containing talc, such as its popular baby powder can cause cancer. J&J has taken its products off of the market first in 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 trial. J&J has won most of the cases that were decided in court, however certain losses have been punishing.
A highly publicized trial in Missouri ended in a $4.7 billion judgment against the drug manufacturer and was later lowered 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 talc trials that are either on appeal or have been decided. Out of 41 trials 32 of them ended in an outcome for J&J either through a mistrial or plaintiff verdicts that were reversed in appeal. Talc bad for you. Additionally, the company has announced plans to settle more than 1000 cases for 100 million dollars, Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Bad For You
Our lawyers handle baby powder lawsuits in every state. The lawsuits involving talcum powder for Johnson & Johnson have been ongoing for years. Talc bad for you. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in products such as Baby Powder along with Shower to Shower and Shower to Shower, could cause ovarian cancer among some women.
This page gives a J&J talc power litigation update and provides an overview of how the upcoming bankruptcy ruling will affect the final settlement amount in the Ovarian Cancer lawsuits.
Did the deadline expire for you to start a lawsuit against 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 get a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Bad For You
June 2 2023 Update: At an asbestos talc court trial held which took place in California yesterday, some technical glitches interrupted the opening statement by the defense attorneys. Talc bad for you. Jurors from home via Zoom however, heard Johnson and Johnson’s lawyer express skepticism about the 70s science asserting the presence of asbestos in their product before the session abruptly ended.
Meanwhile, the plaintiff was able to present the first of their witnesses, Arthur Langer. Langer stated that the presence of other minerals with talc is expected. He testified that his team had notified J&J in 1971 about the presence of asbestos chrysotile in the talc manufactured by the company, though in just 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update: Talc bad for you. The first trial since J&J made the decision to split its Talc division and declare bankruptcy is an important turning point for the ongoing litigation drama. The trial began on Tuesday in the tragic trial of a young plaintiff, diagnosed with an aggressive and rare form of mesothelioma in the past year, which lawyers on both sides agree is a grave tragedy.
Opening statements laid bare stark differences in each side’s narrative. The attorney representing the plaintiff aimed his ire towards Johnson & Johnson, alleging the use of misleading methods in their research practices as well as throughout the litigation process. As per the lawyer, the company tried to manipulate asbestos’ definition, in spite of internal documents from between 1978 and 1994 that showed asbestos fibers in the tissue of the plaintiff are included.
Johnson & Johnson’s uncertain $8.9 billion settlement is hanging in the balance as we progression of this trial. Despite the unique nature of this mesothelioma lawsuit and its distinct issues compared to the majority of talcum powder lawsuits A verdict in favor of 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 & Johnson’s bankrupt talc division strongly defended the two-time Chapter 11 filing in the in the face of challenges from victims of talc injuries. In a written objection to the New Jersey bankruptcy court, it argued that the situation differed fundamentally from the first filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion in settlement from J&J which is the largest settlement ever in the history of a mass tort bankruptcy. Talc bad for you. It was not mentioned how the magnitude of the settlement implies that it is an equitable settlement. J&J also claimed that it received support from a variety of plaintiffs’ law companies representing over the 60,000 plaintiffs. This is difficult to verify however it is likely to be incorrect.
May 24 2023 Update: In the wake of Johnson &J Johnson’s bankruptcy filing, the very first trial regarding the cosmetic talc products it claims to comprised of asbestos is set to start jury selection on Monday in California within the Alameda County Superior Court, the most favored location for plaintiffs. Plaintiff claims that mesothelioma was caused by asbestos exposure in J&J’s product, an allegation the company has denied. The trial also involves six retailers accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers in the 2nd J&J talc bankruptcy are in a dispute over who should be appointed to the position of future claims representative. This is which is vitally essential to the resolution of the Talc claims. Talc bad for you. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country, was appointed as the claims representative in the previous bankruptcy. J&J’s defense team wants Ellis to be appointed in that position yet again, but the lawyers for the plaintiffs in talc are arguing to the claim that Ellis has a conflict of interest which would prohibit her from assuming that position in the future. The conflict stems from the fact that Ellis was apparently involved in the drafting of the highly contesting second bankruptcy, raising doubts about her capability to remain neutral. The reality is this bankruptcy is likely to be tossed out anyway.
May 17th, 2023 Update: The fake company J&J created to settle the talc litigation bankruptcy disclosed to a New Jersey bankruptcy court that they have allocated $400 million to settle the allegations made by states who accuse the company of deceptive advertising for its talc products. Talc bad for you. That’s an $8.5 billion settlement for cancer patients. It’s difficult to imagine the scenario in which J&J will be able to push the baby powder settlements with these numbers. While J&J’s proposed $8.5 billion offer sounds like a huge sum initially, it does not look very appealing when you do the math. The proposed settlement based on our rough calculations would not be able to pay victims more than an average settlement $100,000 per instance. It’s not enough.
May 15 2023 Update J&J might be facing lawsuit brought by an advocacy group that represents cancer patients. Talc bad for you. The group claims that J&J intentionally withdrew the $61.5 billion fund-raising agreement with its subsidiary, LTL Management LLC, to create the appearance of financial hardship and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of the right to compensation for victims. They plan to explore J&J’s actions in the wake of the decision to dismiss the first bankruptcy case of LTL.
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 of J&J LTL Management, J&J’s subsidiary. 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 the global settlement can be come to fruition.
May 5 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer from asbestos exposure. Talc bad for you. Over 2,700 individuals have sued the company and it has been paying $1 million per month for legal defense. The company’s recent $29million settlement at the Supreme Court of South Carolina forced it to pursue bankruptcy protection, and arguing for a fair distribution of assets between the claimants of talc instead of being confiscated by the receiver. Other talc suppliers have also filed for bankruptcy due to lawsuits.
May 4, 2023 update: U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who rejected the company’s proposed $8.9 billion settlement offer. At Trenton, New Jersey yesterday the parties gathered in court to discuss next steps for another bankruptcy proceeding and Judge Kaplan has pushed for further settlement talks.
This is the answer to settle these claims for J&J. A settlement for baby powder can be achieved. Talc bad for you. However, it will require more money – billions of dollars of Johnson & Johnson.
Lawyers are divided over whether or not to agree with the proposal and not all clients view this issue the same way their attorney does. Second bankruptcy cases are bound to fail, as Judge Kaplan has set a date for a hearing in June to determine whether to discharge the bankruptcy for the 2nd time.
May 3 2023 Update A group of cancer patients suing Johnson & Johnson (J&J) requested that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation surrounding talc-based products. The group of talc claimants submitted a motion on Tuesday asking the Third Circuit to consider their case and then send it back an earlier court, with instructions for dismissing the bankruptcy. Talc bad for you. They also requested that the halted tort litigation against J&J continue to continue.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected in the Third Circuit earlier this year with an $8.9 billion deal. The committee argues that the recent ruling which allowed LTL’s third Chapter 11 to continue, while also halting trials against J&J is a reason for the immediate Third Circuit review. The US Trustee has also requested 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 intends to file a reply in the appeals court calling the request a “desperate and legally inadequate move” by a select group of law firms who have conflicting financial interests.
May 1 2023 Update: A question people keep asking is how could the plaintiffs’ lawyers and their clients turn around $8.9 billion. Of course, that’s an enormous amount of money. However, there are lots of victims. Talc bad for you. These are actually a good arguments for plaintiffs. We were reminded of this recently when two talc cases have resulted in huge verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon was settled with a verdict of $18.1 million. A month later, another mesothelioma-related talc case went to trial in South Carolina and resulted in a verdict of $29 million on behalf of the plaintiff. The defendant in both cases 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 was met with an offer to put aside $2 billion for settlements. The sum was ridiculously low. There was no one among the talc victims who agreed with the offer. However, 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 part of the talc-related plaintiffs as well as their lawyers. Talc bad for you. But 75% of the plaintiffs of talc are necessary for bankruptcy plan approval It’s a long and difficult process with so many lawyers with vast collections of baby powder litigations opposed against the proposed settlement.
What could solve the impasse? More billions.
April 25, 2023, Update Talc Cancer victims have sought a court order to reject the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, saying the company is not financially distressed. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc bad for you. 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 since it was unable to demonstrate financial difficulties.
The claimants assert that LTL’s second Chapter 11 case is an overreach of the bankruptcy system and it is being pursued in bad faith. J&J asserts that the bankruptcy settlement has “significant backing” from firms representing around 60,000 people who are claiming. It’s safe to say that the plaintiffs’ attorneys and the victims are split over the $8.9 billion settlement offer.
April 21st, 2023 Update: A bankruptcy judge has ruled 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 a minimum of 60 days but new lawsuits can be filed, and lawyers are able to begin preparing their cases. Talc bad for you. The judge expressed skepticism over J&J’s pathetic attempt to revive its plan with the second bankruptcy case.
April 13, 2023 Update: major story is that there’s an $8.9 billion over 25 years of settlement. Lawyers representing cancer patients in the MDL group action promised to challenge the settlement the talc claimants. Why? They believe it’s not enough for 70 000 cancer patients. Talc bad for you. The lawyers say that J&J should negotiate a bigger settlement or even litigate individuals’ claims if the current bankruptcy is declared unconstitutional.
But there’s a separate lawyer group that isn’t part of the leadership in that class action. They have amassed tens of thousands of cases. They want to settle today for what many argue is less than these victims deserve. Their argument is two-fold. First, they argue that the settlement, which is about the equivalent of $100,000 per plaintiff – is fair.
This argument isn’t easy to prove. The second argument is more teeth: victims can be no longer patient and demand their money now.
April 12 2023 Update: Many are wondering if J&J is able to file for bankruptcy once more. The answer is complicated and complicated. However, let’s attempt to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only way to address both present and future talc lawsuits conclusively. That is, it believes that it will be less expensive when there is the bankruptcy element which applies pressure to settle. Talc bad for you. Driving past hundreds of years of American past, the company asserts that bankruptcy benefits all parties by distributing settlements more equally and efficiently than trial courts, in which some litigants receive substantial payouts, while others are left with nothing.
The basic tenet of this 3rd Circuit decision was this is not a case of a profitable company making subsidiaries to meet the legal liability and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified that the subsidiary was not financially crisis because J&J promised unlimited funding.
Then J&J decided to go with the unlimited funding part of the deal but did not pledge to fund unlimited the litigation. The company says that its modified financing arrangements with its subsidiary addresses the appeals court’s concerns, while offering funds to pay claims. In the hope that offering victims less money will solve the overall issue.
Attorneys representing cancer victims who are against the agreement argue this by arguing that the plaintiff is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s ruling. Hyperbole was not spared by the victims’ lawyers, who call this the biggest “fraudulent transaction of assets in United States history.”
Despite all the legal jargon, J&J does not really believe this bankruptcy will be able to last. It is however a method of trying to push this $8.9 billion settlement through and maintain the pressure on plaintiffs.
April 10, 2023 update: Bloomberg has an interesting report on a brand new law that has been passed in New Jersey that is shedding new light on litigation funding in the plaintiffs in the class action. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) over talc products in exchange for a percentage of any profits. J&J has now offered to pay $8.9 billion in settlements for all lawsuits.
The involvement of funders is made public due to the New Jersey court rule requiring the release of certain details regarding outside funding backers. The rules aim to tackle the growing demands for regulation of litigation funders. J&J is facing more than 60,000 claims when you take into account state and federal child powder-related lawsuits. Third-party funding for mass tort lawsuits has pros and pros and. There is no doubt that we are witnessing how third-party funding could level the playing field between individual and large corporations in the courtroom.
April 4 2023 Update: It’s interesting to watch the worm turning in this legal battle. J&J suffered another setback this week when an appeals court in the Third Circuit denied J&J’s request to continue the automatic stay in the meantime that J&J appeals an appeal to the U.S. Supreme Court. The automatic stay has stopped the cases of talcum powder in a number of years and stopped new lawsuits from arising ever since J&J started the controversial process to spin the talc liabilities off into a bankrupt subsidiary more than one year back. Talc bad for you. After the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was revoked. J&J was hoping to have it remain in effect until its SCOTUS appeal. But the answer was 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 likelihood that for the Supreme Court is willing even to consider the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay having been officially lifted, the very first new cases were filed and incorporated into the class action for talcum powder MDL within a year. Seven new talc-related lawsuits were joined to the MDL in the last month and brought the total number of pending cases up to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now calling for the U.S. Government Accountability Office (GAO) launch an investigation into the cost J&J talc products have cost the government over the years.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of not recognizing the risks of its talc product for decades while tax dollars were utilized to treat people injured by exposure to the chemicals. The demand comes just weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Talc bad for you. J&J must begin making reasonable settlement proposals for victims in order in putting this behind. It is a stain on one of the top companies.
February 14 2023 Update: At an earlier hearing 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 bad for you. 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!
>>> Talc Bad For You