You May be Entitled to Significant Compensation Talc based products could cause 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 talc settlement would be worth $400 million to US state AGs. Talc Based Products Could Cause Cancer .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of a broader $8.9 billion effort to settle allegations that it’s Baby Powder as well as other talc ingredients cause cancer. Talc based products could cause cancer.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay for different types of cancer sufferers in an arrangement for bankruptcy. Talc based products could cause cancer. J&J has stated that its talc products are safe and do not cause cancer. It’s trying for an additional time to conclude more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from being filed in the near future.
LTL’s bankruptcy plans would deposit $400 million to an additional trust to settle claims brought from state attorney generals alleging that J&J was in violation of the state’s unfair commercial practices and consumer protection laws, by deceiving consumers regarding the safety of its talc products.
Many states had initiated consumer protection lawsuits against J&J before LTL’s first bankruptcy filing stopped those investigations from taking place in 2021. Talc based products could cause cancer. New Mexico and Mississippi had already brought suit against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands, according to LTL’s court filings.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL, joining cancer victims and their counterparts from the U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making company such as J&J does not qualify for bankruptcy protections aimed at the struggling debtors.
The first time LTL attempted to settle the bankruptcy cases was rejected after the same arguments. The U.S. appellate court ruled it was not LTL wasn’t in “financial distress” and was not eligible under bankruptcy law. Talc based products could cause cancer. LTL had filed for bankruptcy again in just two hours following the decision to dismiss, arguing that its second attempt was different because it was able to borrow less and more backing for the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates the state’s law enforcement authority by seeking to unilaterally limit the liability of the company in state consumer protection measures.
Talc Based Products Could Cause Cancer
The filings of LTL’s latest bankruptcy proceedings also include more information about the way in which the company will evaluate and pay for cancer claims should the bankruptcy plan be approved.
The most significant payments under the settlement will be $500,000 for people diagnosed with cancer of the mesothelioma ovary before the age of 45, and $260,000 for those who have been diagnosed with advanced ovarian cancer before age 45.
The proposed settlement applies discounts depending on the severity and type of cancer, an individual’s years of age, their history of the use of talc, and other aspects. Talc based products could cause cancer. For example someone who regularly used talc products weekly, had a family history of ovarian cancer and was diagnosed Stage II cancer of the ovary by age 55 may be eligible to receive a payment of $21,125 under the settlement plan.
Judge ordains J&J and talc opponents participate in settlement talks.
Following another round of hearings in Johnson & Johnson’s effort to implement 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 plan to hold settlement talks, Bloomberg reports.
In its second bankruptcy effort for LTL management, a subsidiary founded by J&J to hold the claims–the company proposed a settlement of $8.9 billion. Talc based products could cause cancer. While a firm representing plaintiffs agree with the deal, another group opposes the move.
The previous week, the opposition group, called”the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss the case by arguing that LTL is not a factor in financial distress.
“The filing is an incredibly legal and ineffective attempt by a few of law firms to stop claimants from voting on the resolution plan – a plan the vast and growing majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Talc based products could cause cancer. “The law firms behind this filing have financial interests that are in conflict with, differ from and are in opposition to the interests that their customers. We’ll submit a response in the appeals court.”
Talc based products could cause cancer. Clay Thompson, a lawyer for MRHFM which has more than 80 mesothelioma victims who have filed lawsuits against J&J for bankruptcy, told the company’s second bankruptcy try 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 receive,” Thompson said in the statement. “What do J&J have to hide?”
Kaplan has instructed the sides to create a restructuring plan, with supervision of two mediators.
The court in February of 2022 Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would free the company from the thousands of lawsuits concerning its talcum products.
But in January of this year an appeals court in the United States overturned the decision, ruling that the firm could not be considered in “financial financial distress.”
After J&J’s challenge the U.S. Supreme Court was rejected in April, J&J applied for its first bankruptcy just two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether or not to approve to file for bankruptcy again.
J&J’s omnipotent profit engine fails after $6.9B settlement charge for talc.
Through 2 Chapter 11 attempts, J&J has purchased 19 months of which cases were put suspended. Talc based products could cause cancer. The company would like claimants to vote on accepting their settlement. J&J needs 75% of the vote for the deal to go through.
Alongside the group of talc attorneys who have panned LTL’s bankruptcy plan, the U.S. Trustee which is a division of the U.S. Department of Justice, also filed a motion to dismiss LTL’s second bankruptcy case.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest, but naive debtors.” Those doors “are not open to any parties that don’t have a legitimate bankruptcy purpose or that seek to use bankruptcy to hinder or delay their creditors,” Vara continued.
To its credit, J&J maintains there is no definitive evidence to suggest that its talc products, including the famous baby powder, can cause cancer. J&J has been taking the products of the market–first for North America in 2020–and the rest of the world this year.
J&J wants to avoid the costly business of going to court. J&J has won the majority of the cases decided at trial, but some losses have been very severe.
A highly-publicized trial in Missouri ended in an $4.7 billion verdict against the drug maker 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 being appealed or decided. Out of 41 trials, 32 of them ended in an outcome for J&J as well as mistrials or verdict for a plaintiff that was reversed on appeal. Talc based products could cause cancer. In addition, J&J has announced plans to settle more than 1000 cases at a cost of $110 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Based Products Could Cause Cancer
Our lawyers are handling baby powder lawsuits in every state. The lawsuits involving talcum powder against Johnson & Johnson have been going on for a long time. Talc based products could cause cancer. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient found in products such as baby Powder as well as Shower to Shower, can cause ovarian cancer among some women.
This article provides an J&J talc power litigation update and provides an overview of how the upcoming bankruptcy ruling affects the final settlement amount in these Ovarian Cancer lawsuits.
Did the deadline expire for you to start a lawsuit against talcum powder? Many people who think the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Based Products Could Cause Cancer
June 2 2023 Update: At the asbestos talc case at the trial in California yesterday, a couple of technical issues interrupted the opening statements of the defense attorneys. Talc based products could cause cancer. Jurors watching from home via Zoom but did not hear Johnson & Johnson’s lawyer expressing doubts about the 70s research affirming the presence of asbestos in their product before the proceedings abruptly ended.
The plaintiff had the opportunity to introduce its first expert witness Arthur Langer. Langer said that the presence of other minerals alongside talc is expected. He said that his team informed J&J in 1971 of the presence of chrysotile asbestos in the talc manufactured by the company, though in lower than 0.1 percent. He also found more asbestos in 1976.
June 1, 2023 Update: Talc based products could cause cancer. The first trial since J&J made the decision to split its talc division and declare bankruptcy is a pivotal moment of the ongoing litigation story. The trial began on Tuesday in the heartbreaking case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive form of mesothelioma in the past year, which both sides agree is a tragic loss.
Opening statements revealed the stark differences in each side’s narrative. The attorney for the plaintiff took aim against Johnson & Johnson, alleging that the company employed deceitful strategies in its research practices as well as throughout the litigation procedure. According to the attorney the company attempted to manipulate the definition of asbestos in spite of internal documents from between 1978 and 1994 that showed asbestos fibers in the tissue of the plaintiffs are included.
Johnson &J’s tangled $8.9 billion settlement offer hangs in the balance as we development of the trial. Despite the unique nature of the mesothelioma trial and the unique issues it faces compared to the majority of talcum powder lawsuits A verdict in favor of the plaintiff could cause an enormous setback for J&J’s hope of gaining broad acceptance for their proposed settlement with plaintiffs.
May 31, 2023: Update from Johnson and Johnson’s bankrupt talc division is defending their Second Chapter 11 filing in the facing challenges from talc injury claimants. In an objection submitted to the New Jersey bankruptcy court, it argued that the situation was fundamentally different from the first filing. It highlighted the extraordinary commitment of $8.9 billion in settlement from J&J the biggest settlement ever to be made in any bankruptcy case that involves mass tort. Talc based products could cause cancer. Not mentioned: how the magnitude of the settlement indicates that it is a fair settlement. J&J also claimed that it received support from a variety of plaintiffs’ law firms that represent over sixty thousand claimants. This is difficult to verify but is probably incorrect.
May 24 2023 Update: As of Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial regarding its cosmetic talc products allegedly that contain asbestos is scheduled to begin jury selection on Monday, California in Alameda County Superior Court, a historically good jurisdiction for plaintiffs. The plaintiff claims that his mesothelioma was triggered by asbestos exposure resulting from J&J’s products which that the company is denying. The trial also involves six retailers accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are disputing who should be chosen to fill the position of the claims representative in the future, an important role critical to resolving talc claims. Talc based products could cause cancer. Randi Ellis, a lawyer who regularly appears in MDLs all over the nation was appointed as the claims representative in the first bankruptcy. J&J’s defense team would like Ellis to be appointed to that role in the future, however lawyers representing the talc plaintiffs are protesting on the grounds that Ellis has an unrelated conflict of interest that should prevent her from holding that position again. The issue stems from the reality that Ellis was involved in drafting the controversially contested second bankruptcy, which raises concerns about her ability to be neutral. In reality, this bankruptcy will likely to get dismissed anyway.
May 17th, 2023 Update: The pretend company J&J created to settle the talc litigation bankruptcy disclosed to the New Jersey bankruptcy court that they have set aside $400 million as a settlement for claims made by states accusing the company of deceitful advertising for its talc product. Talc based products could cause cancer. This amounts to an $8.5 billion settlement for cancer patients. It’s hard to imagine any scenario in which J&J could push the settlements of baby powder through with these numbers. While J&J’s $8.5 billion offer might seem like a large sum initially, it may not look great when you do the math. The proposed settlement based on our rough calculations – would not offer victims anything more than a median settlement of $100,000 per instance. This isn’t enough.
May 15 2023 update: J&J may be in the middle of a lawsuit from an advocacy group that represents cancer victims. Talc based products could cause cancer. The group argues that J&J intentionally withdrew a $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, in order to create a false sense of financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of the victims’ compensation rights. They will investigate J&J’s actions following of the denial of LTL’s first bankruptcy case.
May 10 2023 Update: During the next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy filing of J&J subsidiaries LTL Management. In the meantime, however, LTL Management has filed an order requiring both sides to take part in a settlement mediation to see if the global settlement can be reached.
May 5th, 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer from asbestos exposure. Talc based products could cause cancer. More than 2700 people have filed lawsuits against the company and the company was paying $1 million per month on legal defense. The company’s most recent $29 million settlement in South Carolina forced it to apply for bankruptcy protection and argue that assets should be distributed in an equitable manner between the claimants of talc instead of being seized in the hands of the receiver. Other talc suppliers have also filed for bankruptcy due to litigation.
May 4, 2023 Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to restart talks with lawyers who have rejected the company’s proposed $8.9 billion deal. In Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps in this second case of bankruptcy and Judge Kaplan has pushed for further settlement talks.
This is the best way to resolve the claims of J&J. A settlement for baby powder can get done. Talc based products could cause cancer. However, it’ll require more money – more billions of dollars from Johnson & Johnson.
Lawyers are divided over whether or not to agree with the proposal and not all clients see the situation the same way their lawyer views it. The second bankruptcy case is destined to go nowhere the judge Kaplan has scheduled a hearing for June to decide if he will dismiss the bankruptcy for the second time.
May 3 2023 Update: A 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 is an attempt to derail litigation over talc products. The group representing the claimants made a motion Tuesday requesting to the Third Circuit to consider their case and to send it back to a lower court with instructions for dismissing the bankruptcy. Talc based products could cause cancer. They also asked that the halted tort litigation against J&J allow the litigation to proceed.
LTL has filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected in the Third Circuit earlier this year which offered an $8.9 billion agreement. The committee argues that the recent decision allowing LTL’s third Chapter 11 to continue, in addition to halting trials against J&J, warrants an immediate Third Circuit review. The US Trustee requested an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation, Erik Haas, was quoted by Bloomberg saying that J&J intends to file a statement in the appeals court, declaring the filing an “desperate and legally deficient plan” by a handful of law firms who have different financial interests.
May 1st 2023 Update: A question people keep asking is how plaintiffs and their lawyers turn on $8.9 billion. Of course, that’s quite a sum. But there are plenty of victims. Talc based products could cause cancer. These are an excellent case for plaintiffs. We were reminded recently when two talc cases have resulted in huge verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon ended in an award in the amount of $18.1 million. The following month, a second mesothelioma trial involving talc was held for the court in South Carolina and resulted in an award of $29 million for the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the largest producers of talc in the U.S.
April 30, 2023 Update: When J&J first attempted to drag the litigation over talcum powder into bankruptcy, it did so with an offer to set aside $2 billion for settlements. This was an absurdly low amount. The talc plaintiffs had not believed in the offer. 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 also has the support of a substantial part of the talc-related plaintiffs as well as their lawyers. Talc based products could cause cancer. But 75% of the plaintiffs of talc are needed for approval of the bankruptcy plan is a difficult road since there are so many lawyers with vast collections of baby powder lawsuits that are opposed in favor of the deal.
What could solve the impasse? More billions.
April 25 2023, Update Talc patients have asked a judge to disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Talc based products could cause cancer. The 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not a candidate for bankruptcy relief because it was unable to demonstrate financial distress.
The claimants contend that LTL’s Second Chapter 11 case is an abuse of the bankruptcy system and the case is being handled in bad good faith. J&J claims the bankruptcy settlement has “significant backing” from companies representing around 60,000 plaintiffs. It is fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are divided on the $8.9 billion offer for settlement.
April 21, 2023 Update: A bankruptcy judge decided that Johnson & Johnson must face new lawsuits alleging that the firm offered a baby powder with a contaminant that caused cancer. Even though trials for the lawsuits involving talc are delayed for at least 60 days but new lawsuits can be filed and lawyers will begin preparing their cases. Talc based products could cause cancer. Judges expressed doubt about J&J’s ridiculous effort to relaunch its strategy in the second bankruptcy case.
April 13th 2023 Update: major news is the $8.9 billion over 25 year period settlement offered. Lawyers representing cancer patients within MDL class action MDL class action have vowed to fight the settlement with those who claim talc. Why? They argue that it’s not enough to pay for 70 000 cancer patients. Talc based products could cause cancer. The lawyers say that J&J should negotiate a larger settlement or litigate individual claims if the most recent bankruptcy is declared unconstitutional.
But there is another group of lawyers outside of the leadership in the class action. They have amassed tens of thousands of cases. This group wants to settle now for what many argue is far less than what these victims deserve. Their argument seems to be two-fold. First, they argue that the settlement, which is about 100,000 dollars per plaintiff is fair.
That is a hard argument to make. The second argument is more substance: the victims will no longer wait and want the money immediately.
April 12, 2023 Update: People are seeking out how J&J can go through bankruptcy again. The answer is complex and convoluted. But let’s try to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only option to resolve both current and future talc lawsuits conclusively. In other words, it believes it can pay less in the event of a bankruptcy component that applies pressure for a settlement. Talc based products could cause cancer. Moving past the 400-year span of American history, the company argues that bankruptcy benefits everyone by dispersing settlement payments more equitably and more efficiently than trial courts in which some litigants receive substantial payouts, while others are left with nothing.
The essence of this 3rd Circuit decision was this is not a matter of the profit-making company that has subsidiaries to meet the legal liability and declare bankruptcy, which is what Congress thought of when drafting its Bankruptcy Code. However, it also stated that the entity was in financial trouble due to the fact that J&J assured it of unlimited funding.
So J&J jumped on the unlimited funding aspect of the agreement and didn’t make any promises to offer unlimited funding for cases. The company claims that updated financing arrangements with its subsidiary address the appeals court’s concerns, while providing funds for claims. As if providing victims with less money will solve the overarching problem.
Attorneys representing cancer victims who oppose the agreement counter the agreement with what is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s decision. The hyperbole wasn’t spared by the victims’ lawyers, who call this the biggest “fraudulent transaction that has occurred in United States history.”
Despite the legal jargon, J&J does not really believe that this bankruptcy will last. But it’s a way of trying to push this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10, 2023 update: Bloomberg offers an informative piece on a law that has been passed in New Jersey that is shedding new light on litigation funding in the baby powder Class action suit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any winnings. J&J has now offered an offer of $8.9 billion to settle all lawsuits.
The funders’ involvement is public knowledge due to a New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rules aim to tackle the growing demands for the regulation of litigation funders. J&J has more than 60,000 claims when you combine federal and state baby powder lawsuits. Third-party funding for mass tort lawsuits has both pros and pros and. However, there is no doubt that we are seeing how third-party financing can help level the playing field between people and large corporations in court.
April 4 2023 Update: It’s fun to watch the worm turn in this legal battle. J&J was hit again this week when it was found that the Third Circuit denied J&J’s request to continue the automatic stay while J&J appeals a bankruptcy ruling in the U.S. Supreme Court. It has frozen hundreds of cases involving talcum powder and stopped new lawsuits from getting filed ever since J&J started the controversial process to spin the talc liabilities off into a bankrupt company over a year in the past. Talc based products could cause cancer. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal a few months ago, the stay was lifted. J&J had hoped to have it remain in effect 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. There is a chance that the Supreme Court is willing even to take up the appeal? Low.
March 16 2023 Update: with the bankruptcy stay now fully lifted, the first new cases have been filed and transferred into the class action for talcum powder MDL in over one year. Seven new talc-related lawsuits were brought into the MDL during the month of March and brought the total number of cases in the pending process up to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now requesting that authorities from the U.S. Government Accountability Office (GAO) start an investigation into the amount J&J Talc products have cost the government in the decades.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the dangers of its talc product for long while tax dollars spent treating those injured by exposure to the product. This lawsuit comes a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Talc based products could cause cancer. J&J needs to start making reasonable settlement proposals to victims to the process of putting all this behind. It’s a mark on one of the most prestigious companies.
February 14 2023 Update: During an appearance today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc based products could cause 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!