You May be Entitled to Significant Compensation Talc-free baby powder. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed settlement with talc would be worth the sum of $400 million US state AGs. Talc-Free Baby Powder .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of its larger $8.9 billion settlement of allegations that it’s Baby Powder and other talc-based products cause cancer. Talc-free baby powder.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay different types of cancer sufferers in bankruptcy settlement. Talc-free baby powder. J&J has claimed that its talc products are safe and do not cause cancer. The company is trying for the second time to end more than 38,000 lawsuits brought in bankruptcy and stop new cases from being filed in the near future.
LTL’s bankruptcy plan would pay $400 million into a separate trust for lawsuits filed with state attorneys general claiming that J&J was in violation of laws against unfair business practices in the State of New York and consumer protection laws by misleading consumers regarding the quality of its talc products.
Many states had initiated consumer protection actions against J&J prior to the time that LTL’s bankruptcy filing stopped these investigations from moving forward in 2021. Talc-free baby powder. New Mexico and Mississippi had already filed suit with Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas according to court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy as well as cancer patients and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. argue that a profit-making company such as J&J cannot benefit from bankruptcy protections meant for struggling debtors.
The company’s initial attempt to resolve the bankruptcy cases was thrown out after similar arguments, when a U.S. appellate court decided that LTL did not have “financial trouble” and therefore not eligible under bankruptcy law. Talc-free baby powder. LTL filed a second bankruptcy within two hours of that dismissal, arguing that its second attempt was different in that it had less money and had a greater chance of securing an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates state law enforcement powers by attempting unilaterally to cap the company’s liability for state consumer protection laws.
Talc-Free Baby Powder
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 largest amount of money under the settlement will be $500,000 for patients diagnosed with terminal mesothelioma before age 45, and $260,000 for those who have been diagnosed with cancer of the ovary before age 45.
The proposed settlement applies discounts depending on the kind and severity of cancer, an individual’s age, previous the use of talc, and other aspects. Talc-free baby powder. For example the case of a woman who used the talc product on a regular basis, had a family history of ovarian cancer and was diagnosed Stage II cancer of the ovary at the age of 55 might qualify for a $21,125 payment under the program.
Judge orders J&J and talc oppositionists to take part in settlement talks.
Following another round of hearings in Johnson & Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the plan to enter into negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy bid for LTL Management–a subsidiary established by J&J to hold the claims–the company offered a settlement of $8.9 billion. Talc-free baby powder. While one group of law firms representing plaintiffs is in favor of the deal, another group opposes the move.
The previous week, the opposition group, called”the Official Committee of Talc Claimants and urging the bankruptcy court for dismissal of the matter arguing that LTL is not considered to be in financial distress.
“The filing is a desperate and legally ineffective attempt by a few of law firms to prevent claimants from voting on the resolution plan–a plan the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc-free baby powder. “The law firms that are behind the filing are pursuing financial interests which do not align with, differ from and oppose the interests of their clients. We’ll be submitting a response in the appeals court.”
Talc-free baby powder. Clay Thompson, a lawyer for MRHFM that is home to more than patients with mesothelioma who have filed lawsuits against J&J and J&J, has said that the second bankruptcy attempt of J&J failed.
“J&J sends out press releases that boast about how amazing its plan is while simultaneously demanding that plan details–including what the individual sick individuals would be treated to,” Thompson said in an email. “What is J&J’s plan to cover up?”
Kaplan has directed the parties to create a reorganization plan, under the supervision of two mediators.
On February 20, 2022 Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that would relieve J&J from the thousands of lawsuits over its talcum products.
But in January of this year, an appeals court in the United States overturned the verdict, ruling that the company could not be considered in “financial financial distress.”
In the event that J&J’s request to make an appeal before the U.S. Supreme Court was denied on April 1, J&J applied for its first bankruptcy two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to allow another bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B cost of litigation involving talc.
Through Two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put in limbo. Talc-free baby powder. The company would like claimants to vote on accepting their settlement. J&J needs 75% approval for the settlement to be approved.
In addition to the team of talc attorneys who have panned LTL’s bankruptcy plan as well, the U.S. Trustee, an arm that is part of the U.S. Department of Justice was also the one to file motions to dismiss the second bankruptcy case of LTL.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest but unfortunate debtors.” Those doors “are not accessible to those that lack a legitimate bankruptcy objective or seek to use bankruptcy to delay or hinder their creditors.” Vara continued.
On the other hand, J&J maintains there is no conclusive evidence that its Talc-based products, such as its famous baby powder, cause cancer. J&J has taken its products off from the market and will first launch them in North America in 2020–and the rest of the world next year.
J&J seeks to avoid the expense of going to court. The company has won most of the cases decided through trial, though some losses have been very punitive.
A highly publicized trial in Missouri resulted in an $4.7 billion judgment against the drug manufacturer 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 talc trials that are either on appeal or have been decided. Of the 41 trials, 32 have resulted in the favor of J&J as well as mistrials or plaintiff verdict that was annulled in appeal. Talc-free baby powder. In addition, J&J in 2020 moved to settle around 1,000 cases for $110 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc-Free Baby Powder
Our lawyers handle the baby powder litigation in all 50 states. The talcum powder lawsuits in the case of Johnson & Johnson have been ongoing for years. Talc-free baby powder. The lawsuits allege that prolonged use of the powder (or “talc”), the active ingredient in products like Baby Powder or Shower to Shower and Shower to Shower, could cause ovarian cancer in some women.
This page provides the J&J Talc Power Update and provides an overview of how the upcoming bankruptcy ruling impacts the ultimate settlement amount of the ovarian cancer lawsuits.
Did the deadline expire for you to make a claim for talcum powder? Many people who think the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc-Free Baby Powder
June 2 2023 Update: During the asbestos talc trial which took place in California yesterday, a few technical issues interrupted the opening speech of defense attorneys. Talc-free baby powder. Jurors from their homes via Zoom but did not hear Johnson and Johnson’s lawyer express doubt about the 70s research claiming asbestos was present in their product before the opening was abruptly ended.
The plaintiff was able to introduce the first of their witnesses, Arthur Langer. Langer said that the presence of other minerals with talc is inevitable. He claimed that his group had notified J&J in the year 1971 about the presence of asbestos chrysotile in the talc manufactured by the company, though in less than 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update Talc-free baby powder. A trial for the first time since J&J took the decision to disband its Talc segment and file for bankruptcy marks an important turning point in the ongoing talc litigation controversy. Trial began yesterday in the poignant case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma last year. an illness that lawyers on both sides believe is a tragedy of a different kind.
The opening statements exposed the sharp differences in the two sides’ narrative. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging the use of deceptive techniques in its research practices and throughout the litigation procedure. According to the attorney Johnson & Johnson attempted to alter the definition of asbestos in spite of internal documents dating from the year 1978 and 1994 indicating that asbestos fibers found in tissue of the plaintiff are included.
Johnson &J’s tangled $8.9 billion settlement deal hangs in the balance with the development of the trial. Despite the distinct nature of this mesothelioma case and its distinct issues compared to most talcum powder lawsuits, a verdict favoring the plaintiff could be an enormous setback for J&J’s hopes for broad acceptance of their proposed settlement among plaintiffs.
May 31, 2023: Update from Johnson and Johnson’s bankrupted talc unit has is defending it’s second Chapter 11 filing in the opposition of talc injury claimants. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing differed fundamentally from the previous filing. It emphasized the unprecedented commitment of $8.9 billion in settlement from J&J the largest settlement ever in an bankruptcy case involving mass torts. Talc-free baby powder. There was no mention of how the size of the settlement implies that it is a fair settlement. J&J also claimed that it received support from several plaintiffs’ legal firms representing more than 60,000 claimants. This is not easy to confirm however it is likely to be incorrect.
May 24 2023 Update: Following Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial regarding the cosmetic talc products it claims to that contain asbestos is scheduled to begin jury selection on Monday, May 24, California in Alameda County Superior Court, which is a well-known place for plaintiffs. The plaintiff claims that his mesothelioma was triggered by asbestos exposure in J&J’s product, an allegation that the company is denying. The trial also includes six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are fighting over who should be appointed to the position of future claims representative. This is the role is crucially critical to resolving claims involving talc. Talc-free baby powder. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation, was appointed as the claims representative in the first bankruptcy. J&J’s defense team wants Ellis to be appointed to that role and again, but attorneys for the plaintiffs in talc are arguing because Ellis has a conflict of interest which would prohibit her from taking on that role again. This conflict is rooted in the possibility that Ellis was involved in drafting the hotly contested second bankruptcy, raising doubts about her capability to remain neutral. It’s true that this bankruptcy is likely to be tossed out anyway.
May 17th, 2023 Update: The fake company J&J created for the talc bankruptcy disclosed to the New Jersey bankruptcy court that they have designated $400 million to pay the claims made by states accusing the company of misleading advertising for its talc product. Talc-free baby powder. So that makes it an $8.5 billion settlement for cancer patients. It’s hard to imagine a scenario where J&J can push the settlements of baby powder through with these numbers. While J&J’s proposed $8.5 billion offer seems like a huge sum initially, it may not look great when you look at the numbers. The settlement plan based on our estimates – will not be able to pay victims more than a median settlement of $100,000 per case. That’s not enough.
May 15 2023, Update J&J could be facing suit from an advocacy group representing cancer victims. Talc-free baby powder. The group claims that J&J deliberately withdrew the $61.5 billion financing agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group argues that this act 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 denial of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: During the next week in it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy application that was filed by J&J subsidiaries LTL Management. However, in the meantime, LTL Management has filed an order which requires both sides to participate in a new settlement negotiation to see if an international settlement agreement can be come to fruition.
May 5th 2023 Update: The talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer due to asbestos exposure. Talc-free baby powder. More than 2700 people have filed lawsuits against the company and it has been paying $1 million per month to defend itself. The company’s latest $29 million verdict at the Supreme Court of South Carolina forced it to seek bankruptcy protection, arguing that assets should be distributed in an equitable manner to talc claimants, rather than being seized in the hands of the receiver. Other talc suppliers have also declared bankruptcy because of the litigation.
May 4, 2023 Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to reopen talks on settlement with lawyers who have rejected the company’s proposed $8.9 billion agreement. The court in Trenton, New Jersey yesterday, the parties appeared in court to discuss the next steps for the second bankruptcy case and Judge Kaplan was pushing for more settlement discussions.
This is the way to resolve the claims of J&J. A baby powder settlement can be achieved. Talc-free baby powder. However, it’ll require additional money – perhaps billions of dollars – of Johnson & Johnson.
Lawyers have a split opinion on whether or not to accept the plan and not every client views the situation the same way their lawyer does. Second bankruptcy cases are likely to go nowhere as Judge Kaplan has scheduled a hearing for June to determine whether to close the case for the third time.
May 3 2023 Update: A group representing cancer victims who are suing Johnson & Johnson (J&J) requested that J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation involving talc products. The group representing the claimants filed a motion on Tuesday asking for the Third Circuit to consider their case and then send it back before a court of lower jurisdiction with instructions to discharge the bankruptcy. Talc-free baby powder. The committee also requested that the stopped tort litigation against J&J should be permitted to proceed.
LTL has filed for Chapter 11 protection once again after its bankruptcy filing was denied by the Third Circuit earlier this year with the possibility of an $8.9 billion payment. The committee says that the recent ruling, which allows LTL’s second Chapter 11 to continue, and also stopping trials against J&J is a reason for urgent 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 plans to file a statement in the appeals court, characterizing the filing as an “desperate and legally deficient attempt” by a few of law firms who have conflicts of financial interests.
May 1st 2023 Update: A common question that people ask is how could plaintiffs and their lawyers turn on $8.9 billion. That’s of course an enormous amount of money. There are a lot of victims. Talc-free baby powder. These are actually a good arguments for plaintiffs. We were reminded of this recently when two talc cases ended in large verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon led to the verdict in the amount of $18.1 million. A month later, another mesothelioma trial involving talc was held for hearing at South Carolina and resulted in the verdict of $29 million to the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. which is one of the leading suppliers of talc within the U.S.
April 30 2023 Update: When J&J initially attempted to pull the talcum powder lawsuit into bankruptcy, it was met with the option of putting aside $2 billion for settlements. The sum was ridiculously low. There was no one among the talc victims who were in favor of the proposal. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs are willing to accept bankruptcy settlements and they have the backing of a significant part of the talc-related plaintiffs and their attorneys. Talc-free baby powder. However, 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 huge collections of baby powder lawsuits opposed towards the agreement.
What can be done to end the impasse? More billions.
April 25 2023 Update Talc Cancer victims have demanded a judge dismiss the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up 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 caused cancer. Talc-free baby powder. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January and said that the company wasn’t eligible for bankruptcy relief as it failed to show financial stress.
The claimants assert that LTL’s third Chapter 11 case is an overreach of the bankruptcy system, and that it’s being conducted in bad faith. J&J claims the bankruptcy settlement receives “significant support” from firms representing around 60,000 plaintiffs. It’s fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are not united over what they believe is an $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge has ruled in favor of Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. Although the trials for the talc lawsuits have been suspended for at least 60 calendar days and new lawsuits are able to be filed and lawyers can begin preparing their cases. Talc-free baby powder. Judges expressed skepticism about J&J’s absurd attempt to revive its plan with the second bankruptcy case.
April 13 2023 Update: The 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 pledged to fight the settlement with the talc claimants. Why? They think it is not enough for 70,000 victims who have cancer. Talc-free baby powder. These lawyers believe that J&J should seek a bigger settlement or litigate individual claims in the event that the latest bankruptcy is declared unconstitutional.
There is a different group of lawyers outside of the leadership of that class action. These lawyers have collectively amassed the equivalent of tens of thousands of lawsuits. The group is seeking to settle today with what they believe is less than the victims deserve. Their argument appears to be two-fold. First, they argue the settlement – about 100 million dollars on average per plaintiff is fair.
That is a hard argument to prove. But their second argument has more teeth: victims can not afford to wait any longer and need the money immediately.
April 12 2023 Update: People are looking for ways J&J could file for bankruptcy once more. The answer is complicated and complicated. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to settle both present and future talc-related lawsuits definitively. In other words, it believes it can pay less if there is an element of bankruptcy that puts pressure to negotiate a settlement. Talc-free baby powder. Moving past the 400-year span of American past, the company asserts that bankruptcy benefits everyone by dispersing settlements more equally and more efficiently than trial courts which are where litigants get significant payouts, while others are left with nothing.
The gist of the 3rd Circuit decision was this isn’t a case that involves an enterprise that is profitable, forming an entity to assume the legal responsibility and declare bankruptcy Congress contemplated when drafting the Bankruptcy Code. But it also said the company was financially trouble because J&J promised unlimited funding.
Then J&J jumped on the unlimited funding aspect of the agreement and did not promise to offer unlimited funding for litigation. The company claims that modified financing arrangements with its subsidiary address the concerns of the appellate court, while offering claim payment funds. As if offering victims lesser money could solve the problem at hand.
Attorneys representing cancer patients who oppose the deal counter this by arguing that the plaintiff is the legal argument. Talc-free baby powder. They counter with legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s ruling. Hyperbole was not spared: victims’ lawyers call it the most significant “fraudulent transaction that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. But it is a way to try and push the $8.9 billion settlement to keep the pressure on plaintiffs.
April 10, 2023 Update Bloomberg provides an insightful article about a new law within New Jersey that is shedding new light on litigation funding in the baby powder suit for class actions. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) over talc products in exchange for a share of any wins. J&J has now offered to pay $8.9 billion in settlements for all lawsuits.
The involvement of the funders is made public because of 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 the litigation funders. J&J has more than 60,000 claims when you include federal and state Baby Powder lawsuits. Third-party funding of mass tort cases is not without its pros and cons. There is no doubt that we are seeing the ways that third-party funding can even the playing field for individuals and big corporations in court.
April 4 2023 Update: It’s fun to watch the worm turning in this case. J&J suffered another setback this week, when they were denied by the Third Circuit denied J&J’s request to maintain the automatic stay in the meantime that J&J appeals a bankruptcy decision before the U.S. Supreme Court. The automatic stay has frozen the cases of talcum powder in a number of years and stopped new lawsuits from arising ever since J&J began the controversial plan to spin the talc liability into a bankrupt company over a year back. Talc-free baby powder. When the 3rd Circuit ruled that this bankruptcy was invalid a few months ago, the stay was revoked. J&J was hoping to have it continue in the meantime of an appeal to the SCOTUS appeal. The answer was 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 16 2023 Update: with the bankruptcy stay now officially lifted, the first new cases have been filed and transferred into the class action for talcum powder MDL within a year. Seven new talc lawsuits were brought into the MDL during the month of March 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) start an investigation to determine how much J&J product containing talc has cost the government in the years.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the risks of its talc products for decades while tax dollars were spent treating those injured by exposure to the chemicals. The demand comes just weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc-free baby powder. J&J has to begin making reasonable settlement offers to victims, in order getting this behind. It is a stain on one of the greatest businesses.
February 14 , 2023 Update: At a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc-free baby powder. 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!
