You May be Entitled to Significant Compensation Talc in Johnson'. 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 $440 million US state AGs. Talc In Johnson' .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its larger $8.9 billion deal to settle allegations that its Baby Powder and other talc-based products cause cancer. Talc in Johnson'.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company plans to pay different kinds of cancer patients in an arrangement for bankruptcy. Talc in Johnson'. J&J has stated that its Talc products are safe, and will not cause cancer. It’s trying for the second time to end more than 38,000 lawsuits filed in bankruptcy, and to prevent any new cases from arising in the near future.
The bankruptcy plan of LTL would pay $400 million to a separate trust for claims made with state attorneys general alleging that J&J did not comply with state unfair business practices as well as consumer protection laws by misleading consumers about the dangers of its talc products.
Many states had initiated consumer protection cases against J&J prior to LTL’s bankruptcy filing stopped those investigations from moving forward in 2021. Talc in Johnson'. New Mexico and Mississippi had already launched actions in the past against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas according to court filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy as well as cancer patients and The U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making company like J&J is not eligible for bankruptcy protections meant for those struggling with debt.
The first time LTL attempted to settle the bankruptcy cases was dismissed after similar arguments. In the end, a U.S. appellate court determined it was not LTL did not have “financial difficulty” and ineligible for bankruptcy protection. Talc in Johnson'. LTL filed a second bankruptcy in just two hours following the dismissal, arguing the second bankruptcy was different because it had less money available and had a greater chance of securing the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s latest bankruptcy violation of the law enforcement powers of the state by trying to unilaterally cap the liability of the company for state consumer protection laws.
Talc In Johnson'
The filings of LTL’s latest bankruptcy proceedings also include more details on how the company would assess and pay claims for cancer in the event that the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 to those diagnosed with mesothelioma that is terminal before age 45, and $260,000 for people diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement will offer discounts based on the kind and severity of cancer, the patient’s age, the history of using talc and other factors. Talc in Johnson'. For instance, a woman who used talc products weekly, had the family history of ovarian cancer and was diagnosed with an ovarian cancer stage II when she was 55 might qualify for a $21,125 payout according to the plan.
Judge ordains J&J and talc opponents to engage in settlement talks.
After another round of hearings in Johnson &Johnson’s attempt to use a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the plan to hold negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary created by J&J to settle claims – the company proposed a settlement of $8.9 billion. Talc in Johnson'. While a group of law firms representing plaintiffs supports the proposal, another group is against the settlement.
In the last week, an opposition group, dubbed”The Official Committee of Talc Claimants requested the bankruptcy court for dismissal of the matter by asserting that LTL is not considered to be in financial distress.
“The filing is a desperate and legally deficient attempt by a tiny number of law firms to prevent claimants from voting on the resolution plan – a plan the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc in Johnson'. “The law firms behind their filing are financially oriented and have conflicts that do not align with, diverge from, and oppose the interests which their clientele. We’ll submit an appeal to the appellate court.”
Talc in Johnson'. Clay Thompson, a lawyer for MRHFM which includes more than mesothelioma clients who have filed lawsuits against J&J and J&J, has said that the second bankruptcy attempt of J&J will fail.
“J&J sends out press releases about how great the plan is but simultaneously insisting that the details of its plan–including the treatment each sick person will receive–be kept secret,” Thompson said in an announcement. “What does the company have to conceal?”
Kaplan has instructed both sides to devise a second strategy for reorganization, under supervision from two mediators.
In February 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 a federal appeals court ruled against the decision, deciding that the company was not able to be considered to be in “financial distress.”
When J&J’s attempt to appeal to the U.S. Supreme Court was turned down in April, J&J declared bankruptcy just two hours later. In response to that move, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to accept another bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B cost of litigation involving talc.
With the 2 Chapter 11 attempts, J&J has bought 19 months during which the cases were held. Talc in Johnson'. The company would like claimants to take a vote to accept their settlement. J&J needs 75% support in order for the agreement to be accepted.
Alongside the group of talc lawyers who criticised the bankruptcy of the company and the U.S. Trustee, an arm belonging to the U.S. Department of Justice has also filed motions to dismiss LTL’s bankruptcy second case.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the bankruptcy are “open to honest, but naive debtors.” These doors “are not open to any parties that do not have a legitimate goal or who seek to take advantage of the bankruptcy process to delay or hinder their creditors,” Vara continued.
To its credit, J&J maintains there is no definitive evidence to suggest that its products containing talc, such as its iconic baby powder, can cause cancer. J&J has adopted the products 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 is determined to stay clear of the costly business of going to trial. J&J has won the majority of cases that were decided at trial, but certain losses have been punitive.
A well-known trial in Missouri produced a $4.7 billion verdict against the drugmaker 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 trial involving talc that are in appeal or resolved. Of the 41 trials, 32 ended with winning for J&J as well as mistrials or verdict for a plaintiff that was dismissed upon appeal. Talc in Johnson'. Separately, the company has announced plans to settle around 1,000 cases worth $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc In Johnson'
Our lawyers handle baby powder cases in all 50 states. The talcum powder lawsuits against Johnson & Johnson have been going on for a long time. Talc in Johnson'. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products such as Shower to Shower Powder and Shower to Shower, can cause ovarian cancer in some women.
This page offers a J&J Talc Power litigation update and discusses how the upcoming bankruptcy ruling impacts the ultimate settlement amount of 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 sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc In Johnson'
June 2 2023 Update: In the trial for asbestos-containing talc in California yesterday, a few technical issues interrupted the opening statement by the defense attorneys. Talc in Johnson'. Jurors watching from home on Zoom but did not hear Johnson &Johnson’s lawyer express doubt about the 70s research asserting the presence of asbestos in their product prior to the session abruptly ended.
The plaintiff was able to present an initial witness Arthur Langer. Langer stated that the presence of other minerals alongside talc is expected. He also testified that his team advised J&J in 1971 of the presence of chrysotile asbestos the talc of the company, but in lower than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update Talc in Johnson'. The first trial since J&J took the decision to disband its Talc segment and file for bankruptcy marks an important point for the ongoing litigation controversy. The trial started yesterday in the poignant case of a young, 24-year-old plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma last year, an illness that lawyers on both sides agree is a tragedy of a different kind.
The opening statements exposed the stark differences in each side’s narrative. The attorney for the plaintiff took aim on Johnson & Johnson, alleging the use of deceptive tactics in research practices and throughout the litigation procedure. In the words of attorney the company attempted to manipulate the definition of asbestos, despite internal documents dating back to 1998 and 1994 that show asbestos fibers in the tissue of the plaintiff are included.
Johnson &J’s tangled $8.9 billion settlement is hanging in the balance as we progress of this trial. Despite the distinct 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 31st, 2023: Update from Johnson & Johnson’s bankrupted talc unit has was able to defend their Second Chapter 11 filing in the facing challenges from talc injury claimants. In an opposition filed with the New Jersey bankruptcy court, the company argued that the case was distinct from the earlier filing. It emphasized the unprecedented commitment to $8.9 billion from J&J, the largest ever settlement in a mass tort bankruptcy case. Talc in Johnson'. Not mentioned: how the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms representing more than the 60,000 plaintiffs. This is hard to verify but likely incorrect.
May 24, 2023 Update: Since Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial regarding the cosmetic talc products it claims to with asbestos content is scheduled to begin jury selection on Monday, May 24, California in Alameda County Superior Court, a historically good location for plaintiffs. The plaintiff claims his mesothelioma was triggered by asbestos exposure from J&J’s products and J&J is denying. The trial also involves six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update Lawyers in the 2nd J&J talc bankruptcy are disputing who should be appointed to the role of future claims representative, a role that is critically essential to the resolution of the claim for talc. Talc in Johnson'. Randi Ellis, a lawyer who frequently appears in MDLs across the country was appointed as the claims representative during the first bankruptcy. J&J’s defense team would like Ellis to be appointed to this position in the future, however lawyers representing the talc plaintiffs are objecting due to the fact that Ellis has an unrelated conflict of interest which should stop her from taking on that role once more. The issue stems from the fact that Ellis was apparently involved in drafting the controversially disputable second bankruptcy, raising doubts about her capacity to be neutral. The reality is this bankruptcy is likely to be dismissed in the end.
May 17, 2023 Update The fake company J&J put together for the talc bankruptcy informed the New Jersey bankruptcy court that they have designated $400 million to settle the claims brought by states accusing the company of deceitful advertising regarding its talc products. Talc in Johnson'. This amounts to an $8.5 billion settlement for cancer patients. It’s hard to imagine a scenario where J&J will be able to push the settlements of baby powder through given these numbers. While J&J’s proposed $8.5 billion offer seems like a huge sum at first, it does not look very appealing when you consider the math. The proposed settlement based on our rough calculations, would not pay victims much more than an average settlement $100,000 per case. It’s not enough.
May 15th, 2023 update: J&J may be in the middle of a lawsuit from an advocacy group that represents cancer victims. Talc in Johnson'. The group argues that J&J deliberately retracted a $61.5 billion financing agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of the rights of compensation for victims. They will investigate J&J’s actions following of the denial of the LTL’s bankruptcy case in its first instance.
May 10, 2023 Update: 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 that was filed by J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, LTL Management has filed an order requiring both sides to participate in a settlement mediation to see if a global settlement deal can been reached.
May 5 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Talc in Johnson'. Over 2,700 people have sued the firm, and it was spending $1 million a month for legal defense. The company’s most recent $29 million settlement that was handed down in South Carolina forced it to seek bankruptcy protection, arguing for an equitable distribution of assets among talc claimants instead of being taken over through the receiver. Other suppliers of talc have declared bankruptcy because of lawsuits.
May 4, 2023 update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to reopen settlement discussions with lawyers who rebuffed the proposed $8.9 billion settlement offer. The court in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps in another bankruptcy proceeding and Judge Kaplan pushed more settlement talks.
This is the best way to settle these claims with J&J. A baby powder settlement can be achieved. Talc in Johnson'. But it will require more money, more billions of dollars by Johnson & Johnson.
Lawyers are divided over whether to take the proposal or not and not all clients view the situation the same way their lawyer does. The second bankruptcy case is bound to be a failure the judge Kaplan has scheduled a hearing in June to decide 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) asked to have J&J’s 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 committee representing talc claimants filed a motion on Tuesday asking that the Third Circuit to consider their case and send it back the lower court with instructions to dismiss the bankruptcy. Talc in Johnson'. They also requested that the stoppage of tort litigation against J&J continue to continue.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year with the possibility of an $8.9 billion settlement. The committee believes that the recent ruling, which allows the second Chapter 11 to continue, and also stopping trials against J&J and J&J, requires the immediate Third Circuit review. The US Trustee also asked 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 response in the appeals court, saying that the filing is an “desperate and legally insufficient effort” by a small number of law firms that have competing financial interests.
May 1st 2023 Update: One question people keep asking is how the plaintiffs’ lawyers and their clients turn off $8.9 billion. Of course, that is an enormous amount of money. But there are plenty of victims. Talc in Johnson'. These are an excellent arguments for plaintiffs. We were reminded of this recently with two talc trials have resulted in huge verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon led to a verdict worth $18.1 million. A month later, another mesothelioma trial involving talc was held for trials in South Carolina and resulted in a verdict of $29 million to 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 30th 2023 Update: J&J initially tried to take the talcum powder lawsuit into bankruptcy, it came with the option of putting aside $2 billion for settlements. The amount was absurdly low. There was no one among the talc victims who agreed with the offer. This time, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they are willing to accept bankruptcy settlements and they have the backing of a significant segment of the talc plaintiffs and their lawyers. Talc in Johnson'. But with 75% of plaintiffs of talc are required to approve bankruptcy plans It’s a long and difficult process since there are so many lawyers with massive collections of baby powder-related lawsuits, opposed against the proposed settlement.
What could solve the impasse? More billions.
April 25 2023, Update Talc patients have asked a judge to disqualify their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially strained. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talc in Johnson'. The 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not a candidate to receive bankruptcy relief because it did not show financial trouble.
The claimants argue that the second Chapter 11 case is an misuse of the bankruptcy system, and that it’s being conducted in bad good faith. J&J says the bankruptcy settlement has “significant backing” from companies representing approximately 60,000 plaintiffs. It’s fair to say that the plaintiffs’ attorneys and victims are divided over what they believe is an $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge has ruled in favor of Johnson & Johnson must face new lawsuits alleging that the firm sold tainted baby powder causing cancer. Although the trials for the talc lawsuits have been suspended for at least 60 days, new lawsuits can be filed and lawyers may begin to prepare their cases. Talc in Johnson'. Judges expressed skepticism about J&J’s ridiculous effort to revive its strategy by filing another bankruptcy case.
April 13th, 2023 update: the major announcement is an $8.9 billion over the course of 25 year period settlement offered. Lawyers representing cancer victims involved in MDL class action MDL group action vowed to fight the settlement along with talc claimants. Why? They argue that it’s not enough money for those suffering from cancer who are 70,000. Talc in Johnson'. These lawyers believe that J&J could negotiate a greater settlement or even litigate individuals’ claims if the current bankruptcy is dismissed.
But there is another lawyer group that isn’t part of the top leadership in group action. These lawyers have amassed hundreds of thousands of cases. The group is seeking to settle today in what many believe to be less than these victims deserve. Their argument is twofold. First, they argue that the settlement – which amounts to 100,000 dollars per plaintiff is fair.
This argument isn’t easy to argue. However, their second argument has more teeth: victims can be no longer patient and demand to get their money right now.
April 12 2023 Update: Some people are seeking out how J&J could file for bankruptcy again. The answer is complicated and complicated. Let’s try to simplify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only way to address both present and future talc-related lawsuits definitively. It thinks it can get a lower rate when there is the bankruptcy element which applies pressure to settle. Talc in Johnson'. Going back to more than 400 years in American past, the company asserts that bankruptcy benefits all parties as it distributes settlement payments more equitably and effectively than trial courts where litigants are awarded significant awards while others receive nothing.
The basic tenet of this 3rd Circuit decision was this isn’t a case that involves a profitable company making subsidiaries to meet the legal risk and declare bankruptcy – something Congress contemplated when drafting the Bankruptcy Code. It also clarified that the subsidiary was not financially crisis because J&J offered unlimited financing.
This is why J&J jumped on the unlimited funding part of the holding and did not promise that it would provide unlimited funds for cases. The company claims that revised financing arrangements with its subsidiary addresses the concerns of the appellate court, while offering claim payment funds. It’s as if giving victims lesser money could solve the overall issue.
Lawyers representing cancer victims who oppose the deal counter this by arguing that the plaintiff is the legal argument. Talc in Johnson'. They counter with legal nonsense: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s decision. The hyperbole wasn’t spared by the victims’ lawyers, who call this the biggest “fraudulent transfer that has occurred in United States history.”
Despite all the legal jargon, J&J does not really believe that this bankruptcy will last. It is however a method to push for this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10 2023 Update: Bloomberg has an interesting article on a new law in 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 share of any winnings. J&J is now offering an offer of $8.9 billion to settle lawsuits.
The involvement of funders is public knowledge due to a New Jersey court rule requiring the release of certain details regarding outside funding backers. The rule aims to tackle the growing demands for the regulation of litigation funders. J&J faces over 60,000 claims when you combine state and federal infant powder litigation. Third-party funding of mass tort cases has its pros and cons. There is no doubt that we are witnessing how third-party funding could level the playing field between individual as well as large corporations in court.
April 4 2023 Update: It is enjoyable to see the worm turn in this case. J&J has taken another blow this week when the Third Circuit denied J&J’s request to continue the automatic stay during the time that J&J appeals a bankruptcy ruling to the U.S. Supreme Court. It has halted thousands of talcum cases and prevented new lawsuits from getting filed ever since J&J started the controversial process to spin talc-related liabilities off into a bankrupt company over one year in the past. Talc in Johnson'. After it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient a few months ago, the stay was revoked. J&J wanted to see it continued pending its SCOTUS appeal. But, no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The chance is that the Supreme Court is willing even to accept 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 talcum powder class action MDL in the space of a year. Seven new talc-related lawsuits were joined to the MDL in the past month, bringing the total number of cases in the pending process up to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now requesting that be the U.S. Government Accountability Office (GAO) launch an investigation into the cost J&J products containing talc have cost the government over the decades.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of not recognizing the risks of its talc products over many years, while tax dollars were used to treat those who were injured through exposure to the products. The demand comes just weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Talc in Johnson'. J&J has to begin making reasonable settlement proposals to victims to getting this behind. This is a blemish on one of the most prestigious companies.
February 14 , 2023 Update: At an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc in Johnson'. 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!