You May be Entitled to Significant Compensation Talc free talcum 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 provide the sum of $400 million US state AGs. Talc Free Talcum Powder .
Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of its broader $8.9 billion deal to settle claims that its Baby Powder and other talc-based products cause cancer. Talc free talcum powder.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay different types of cancer patients in the bankruptcy settlement. Talc free talcum powder. J&J has declared that its talc products are safe and will not cause cancer. The company is trying for an additional time to conclude more than 38,000 lawsuits brought in bankruptcy and prevent new cases from arising in the future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for lawsuits filed by state attorneys general alleging that J&J violated states’ unfair practices and consumer protection laws through misleading consumers about the safety of its talc products.
Some states had started consumer protection lawsuits against J&J prior to LTL’s bankruptcy filing stopped those investigations from proceeding in 2021. Talc free talcum powder. New Mexico and Mississippi had already brought actions in the past against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands in LTL’s court papers.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished along with cancer sufferers and The U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making company like J&J cannot benefit from bankruptcy protections meant for those struggling with debt.
The first time LTL attempted to settle the bankruptcy lawsuits was rejected after the same arguments. A U.S. appeals court decided the LTL did not have “financial trouble” and ineligible of bankruptcy protection. Talc free talcum powder. LTL filed a second bankruptcy within two hours of that dismissal, arguing that the second bankruptcy was different due to the fact that it had less money available and had a greater chance of securing the possibility of settling.
New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates the law enforcement powers of the state by trying to unilaterally cap the liability of the company for state consumer protection actions.
Talc Free Talcum Powder
The filings of LTL’s latest bankruptcy proceedings also include additional details about how the company would assess and pay for cancer claims in the event that the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 for those diagnosed with mesothelioma terminal prior to age 45 and $260,000 for patients diagnosed with terminal ovarian cancer before age 45.
From there, the proposed settlement offers discounts based on the nature and severity of cancer, an individual’s age, the history of talc use and other factors. Talc free talcum 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 with an ovarian cancer stage II by age 55 may qualify for a $21,125 payment under the settlement plan.
Judge gives order to J&J and talc opponents to discuss settlement negotiations.
Following another hearing in Johnson & Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to settle talc lawsuits and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the strategy to engage in settlement talks, Bloomberg reports.
With its second bankruptcy bid for LTL management, a subsidiary founded by J&J to handle the claims company offered a settlement of $8.9 billion. Talc free talcum powder. While a firm representing plaintiffs is in favor of the offer, another group opposes the deal.
The previous week, the opposition group, which is known as”the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss this case argument that LTL cannot be regarded as to be in financial trouble.
“The filing is a desperate and legally ineffective attempt by a handful of law firms to stop claimants from deciding on the resolution, which the vast and growing majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Talc free talcum powder. “The law firms involved in the filing are pursuing financial interests which do not align with, contradict and infringe on the rights which their clientele. We’ll be submitting a response an appeal to the appellate court.”
Talc free talcum powder. Clay Thompson, a lawyer for MRHFM, which includes more than mesothelioma victims who have sued J&J and J&J, has said that the company’s second bankruptcy try failed.
“J&J issues press releases that boast about how amazing its plans are, but is requesting that details of the plan, such as what individual sick people would actually receive–be kept secret,” Thompson said in a statement. “What do J&J have to hide?”
Kaplan has instructed the sides to create a restructuring plan, with the oversight from two mediators.
As of February 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would relieve J&J from the tens of thousands of claims related to its talcum-based products.
However, in the month of January, an appeals court of the federal government overturned the decision, deciding that the company could not be considered to be in “financial difficulty.”
In the event that J&J’s request to contest the U.S. Supreme Court was turned down on April 1, J&J applied for its first bankruptcy just two hours after. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow the second bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B settlement charge for talc.
Through 2 Chapter 11 attempts, J&J has been able to buy 19 months in which the cases were held. Talc free talcum powder. The company would like claimants to accept their settlement. J&J would need 75% of the vote for the deal to pass.
In addition to the team of talc lawyers who criticised the bankruptcy of the company and the U.S. Trustee is an arm from the U.S. Department of Justice was also the one to file an application to dismiss LTL’s second bankruptcy.
In a letter filed this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest but unfortunate debtors.” The doors “are not available to anyone that do not have a legitimate purpose or that seek to use the bankruptcy process to hinder or delay their creditors.” Vara continued.
In its own words, J&J maintains there is no evidence conclusive that its products containing talc, such as the famous baby powder, can cause cancer. J&J has taken its products off from the market and will first launch them to be available in North America in 2020–and the rest of the world later this year.
J&J wants to avoid the costly business of going to court. It has won most of the cases that have been decided during trial, however, certain losses have been extremely severe.
A high-profile trial in Missouri led to a $4.7 billion judgment against the drug manufacturer but was later reduced 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 talc trials that are either being appealed or decided. In 41 trials 32 have resulted in winning for J&J, a mistrial or plaintiff verdicts that were reversed in appeal. Talc free talcum powder. In addition, J&J in 2020 sought to settle more than 1000 cases for 100 million dollars, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Free Talcum Powder
Our lawyers handle baby powder cases in all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been ongoing for years. Talc free talcum powder. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient in products such as Baby Powder or Shower to Shower which can cause ovarian cancer among some women.
This page provides the J&J talc power litigation update and examines how the coming bankruptcy ruling will affect the final settlement amount in the cases of ovarian cancer.
Have you reached the deadline by which you to bring a talcum lawsuit? Many who believe the time limit has expired to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Free Talcum Powder
June 2 2023 Update: At the trial for asbestos-containing talc that took place in California yesterday, technical issues interrupted the opening statement by the defense lawyers. Talc free talcum powder. The jurors, attending from home via Zoom and hearing the Johnson & Johnson’s lawyer expressing skepticism about the 70s science asserting the presence of asbestos in their product prior to the opening was abruptly ended.
The plaintiff could introduce its first expert witness Arthur Langer. Langer explained that the existence of additional minerals along with talc is inevitable. He testified that his team had notified J&J in 1971 of the presence of chrysotile asbestos within the company’s talc, albeit in less than 0.1 percent. The asbestos was discovered by him in the year 1976.
June 1, 2023 Update: Talc free talcum powder. First trial after J&J has decided to separate its Talc segment and file for bankruptcy is an important turning point within the ongoing lawsuit saga. Trial began yesterday in the tragic case of a young 24-year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma in the past year, an illness that lawyers on both sides believe is a grave tragedy.
The opening statements exposed the huge differences between the sides’ story. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation process. According to the attorney, the company tried to manipulate asbestos’ definition, in spite of internal documents dating from 1998 and 1994 that show asbestos fibers found in plaintiff’s tissue are included.
Johnson & Johnson’s precarious $8.9 billion settlement offer hangs in the balance with the course of this trial. Despite the particularity of this mesothelioma case and the unique issues it faces compared to most talcum powder lawsuits ruling in favor of the plaintiff could inflict an unintended setback to Johnson & J’s hopes of broad acceptance of their settlement proposal among plaintiffs.
May 31, 2023 Update: Johnson and Johnson’s bankrupt talc business is defending its Second Chapter 11 filing in the facing challenges from talc injury claimants. In an appeal to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing differed fundamentally from the previous filing. It highlighted the extraordinary commitment of $8.9 billion to J&J as the largest settlement ever in an bankruptcy case involving mass torts. Talc free talcum powder. Not mentioned: how this amount implies that it is an equitable settlement. J&J also claimed that it received support from several plaintiffs’ legal firms representing over 60,000 claimants. It is difficult to confirm but it’s likely to be false.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the very first trial involving the cosmetic talc products it claims to comprised of asbestos is set to begin jury selection on Monday, May 24, California within the Alameda County Superior Court, an historically reliable place for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure from J&J’s products which J&J is denying. The trial also includes six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are fighting over who should be chosen to fill the post of the future claims representative, an important role essential to the resolution of the claims involving talc. Talc free talcum powder. Randi Ellis, a lawyer who regularly appears in MDLs across the country was appointed the claims representative during 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 due to the fact that Ellis has an unrelated conflict of interest which would prohibit her from taking on that role for the second time. This conflict is rooted in the possibility that Ellis was believed to have been involved in drafting the hotly contesting second bankruptcy, raising doubts regarding her capacity to remain neutral. It’s true that the bankruptcy will get dismissed anyway.
May 17, 2023 Update: The fake company J&J put together to settle the talc litigation bankruptcy has informed the New Jersey bankruptcy court that they have set aside $400 million to settle allegations made by states who accuse J&J of misleading marketing for its talc-based products. Talc free talcum powder. That’s an $8.5 billion settlement for cancer victims. It’s hard to imagine the scenario in which J&J can get these settlements for babies with these numbers. While J&J’s $8.5 billion offer might seem like a huge sum initially, it will not appear appealing when you do the math. This settlement proposal – by our rough calculations would not provide victims with much more than a median settlement of $100,000 per instance. This isn’t enough.
May 15th 2023, Update J&J is potentially facing a suit from an advocacy group that represents cancer patients. Talc free talcum powder. The group claims J&J deliberately withdrew the $61.5 billion financing agreement with its subsidiary, LTL Management LLC, to simulate financial stress and to validate the company’s Chapter 11 bankruptcy filing. The group argues that this act amounts to a fraudulent transfer of rights of victims’ compensation. They will investigate J&J’s actions in the wake of the dismissal of the first bankruptcy case of LTL.
May 10 2023 Update: The following week this week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to reject the second bankruptcy filing from J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime, it has approved an order which requires both sides to participate in a second settlement mediation with the hopes of achieving the global settlement can be brokered.
May 5 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. Talc free talcum powder. More than 2700 people have filed lawsuits against the firm and the company was paying $1 million per month to defend its legal position. The company’s recent $29 million settlement at the Supreme Court of South Carolina forced it to apply for bankruptcy protection and argue for equitable distribution of assets between talc claimants rather than being taken over through the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of the litigation.
May 4, 2023 Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume talks with lawyers who turned down Johnson & Johnson’s $8.9 billion settlement offer. In Trenton, New Jersey yesterday, the parties appeared before a judge to discuss the next steps to take in this second case of bankruptcy and 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 free talcum powder. However, it’ll require more money – more billions of dollars coming from Johnson & Johnson.
Lawyers are divided on whether or not to agree with the proposal and not all clients see the issue in the same manner their lawyer does. This second case of bankruptcy is expected to fail and Judge Kaplan has set a date for a hearing in June to decide whether to remove the bankruptcy after the second.
May 3, 2023 Update: A group representing cancer patients who have sued Johnson & Johnson (J&J) requested to have J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation involving talc products. The group representing claimants for talc submitted a motion on Tuesday asking to the Third Circuit to consider their appeal and return the case before a court of lower jurisdiction, with instructions to dismiss the bankruptcy. Talc free talcum powder. They also requested that the stoppage of tort litigation against J&J should be permitted to proceed.
LTL applied for Chapter 11 protection once again after its bankruptcy filing was rejected in the Third Circuit earlier this year and offered the possibility of an $8.9 billion agreement. The committee argues that the recent decision allowing the second Chapter 11 to continue, as well as halting the 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 declaring that J&J intends to file a formal response in the appeals court declaring the filing a “desperate and legally insufficient plan” by a few of law firms with conflicts of financial interests.
May 1 2023 Update: A most frequently asked question is how plaintiffs and their lawyers turn on $8.9 billion. Of course, that’s an immense amount of money. However, there are lots of victims. Talc free talcum powder. And these are really good cases for plaintiffs. We have been reminded of this recently by two talc-related trials that led to huge verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon led to an award in the amount of $18.1 million. The following month, a second talc mesothelioma case went to trial in South Carolina and resulted in a verdict of $29million in favor of plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc., one of the largest suppliers of talc in the U.S.
April 30th, 2023 Update: When J&J initially tried to take the talcum powder litigation into bankruptcy, they came with an offer to reserve $2 billion to settle the case. The amount was absurdly low. The talc plaintiffs had not supported the offer. This time around, however, J&J has increased the offer to $8.9 If the talc plaintiffs agree to a bankruptcy settlement and they also have the backing of a significant section of the talc victims and their lawyers. Talc free talcum powder. But with 75% of talc plaintiffs, which is needed for approval of the bankruptcy plan, it a tough road due to the sheer number of lawyers with large stocks of baby powder lawsuits opposed in favor of the deal.
What can be done to end the impasse? More billions.
April 25, 2023, Update Talc cancer claimants have asked a judge to disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly-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 products caused cancer. Talc free talcum powder. The 3rd Circuit dismissed its first Chapter 11 case in January and said that the company wasn’t eligible to receive bankruptcy relief because it was unable to demonstrate financial trouble.
The plaintiffs argue that the second Chapter 11 case is an abuse of the bankruptcy system and the case is being handled in bad good faith. J&J says the bankruptcy settlement receives “significant support” from the firms that represent about 60,000 potential people who are claiming. It’s fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are divided on their disagreement over the $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits claiming that the company sold baby powder that was contaminated and causing cancer. Even though trials for Talc lawsuits are suspended for at least 60 days, new lawsuits can be filed and lawyers can begin preparing their cases. Talc free talcum powder. The judge expressed his doubts about J&J’s ridiculous effort to revive its plan with a second bankruptcy case.
April 13th 2023 Update: The biggest story is that there’s an $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer victims in MDL class action MDL collective action pledged to fight the settlement alongside Talc claimants. Why? They feel it’s too little money for the 70,000 victims who have cancer. Talc free talcum powder. They argue that J&J should seek a bigger settlement or litigate individual claims in the event that the latest bankruptcy is dismissed.
However, there is a second set of lawyers who are not part of the leadership in that class action. They have amassed the equivalent of tens of thousands of lawsuits. The group is seeking to settle for what many argue is less than the victims deserve. Their argument appears to be two-fold. They argue that the settlement of around 100 million dollars on average per plaintiff is fair.
This argument isn’t easy to present. But their second argument has more force: the victims can no longer wait and want the money immediately.
April 12 2023 Update: Many are seeking out how J&J could file for bankruptcy again. The answer is complicated and confusing. Let’s try to clarify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future talc litigations in a definitive manner. It believes it can pay less when there is the bankruptcy element which applies pressure to settle. Talc free talcum powder. Going back to hundreds of years of American history, the company claims that bankruptcy benefits everyone by dispersing settlement payments more evenly and effectively than trial courts, where some litigants receive significant awards while others receive nothing.
The basic tenet of this 3rd Circuit decision was this is not a case of a profitable company making an entity to assume the legal burden and declare bankruptcy Congress thought of when drafting its Bankruptcy Code. However, it also stated that the subsidiary was not in financial distress due to the fact that J&J promised unlimited funding.
This is why J&J jumped on the unlimited funding portion of the deal but did not pledge to offer unlimited funding for the litigation. The company claims that revised financing arrangements with its subsidiary address the appeals court’s concerns, while offering funds to pay claims. As if offering victims less money would solve the overarching problem.
Attorneys representing cancer patients who are against the agreement argue this argument by saying that it is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s decision. Hyperbole did not go unnoticed: victims’ lawyers call this the biggest “fraudulent transfer in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe that this bankruptcy will last. But it’s a way to try and push the $8.9 billion settlement and keep the pressure on plaintiffs.
April 10 2023 update: Bloomberg provides an insightful piece on a law that has been passed within New Jersey that is shedding new light on the funding of litigation in the baby powder suit for class actions. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) regarding talc products, in exchange for a portion of any settlements. J&J is now offering an offer of $8.9 billion in settlements for all lawsuits.
The funders’ involvement is made public because of the New Jersey court rule requiring the release of certain details about funding sources outside of the. The rules aim to tackle the growing demands for regulation of litigation funders. J&J is facing more than 60,000 claims when you combine state and federal baby powder lawsuits. Third-party funding of mass tort cases has pros and cons. But there is no question that we are seeing the ways that third-party funding can even the playing field between individuals and big companies in court.
April 4, 2023 Update: It’s interesting to watch the worm turning in this lawsuit. J&J was hit again this week, when an appeals court in the Third Circuit denied J&J’s request to continue the automatic stay while J&J appeals an order granting bankruptcy at the U.S. Supreme Court. The automatic stay has frozen the cases of talcum powder in a number of years and stopped any new lawsuits from being filed ever since J&J initiated the controversial effort to spin talc-related liabilities into a bankrupt entity over a year earlier. Talc free talcum powder. When the 3rd Circuit ruled that this bankruptcy was invalid some months ago, the stay was removed. J&J was hoping to have it continued pending its 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 is that the Supreme Court is willing even to accept the appeal? Low.
March 16 2023 Update: with the bankruptcy stay having been officially lifted, the first new cases were filed and incorporated into the class action involving talcum powder MDL within a year. Seven new talc lawsuits were included in 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: A Congressmen from Tennessee is now demanding that The U.S. Government Accountability Office (GAO) begin an investigation into how much J&J product containing talc has cost the government over the years.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the risks of its talc products for years while tax dollars were utilized to treat people injured by 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 free talcum powder. J&J needs to start making reasonable settlement offers to victims to begin getting this behind. This is a disgrace to one of the top companies.
February 14 2023 Update: During the hearing held 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 free talcum 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!