You May be Entitled to Significant Compensation Talc is bad. 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 pay $400 million to US state AGs. Talc Is Bad .

Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of a larger $8.9 billion deal to settle claims that its Baby Powder as well as other talc ingredients cause cancer. Talc is bad.

J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company plans to pay different kinds of cancer patients in the bankruptcy settlement. Talc is bad. J&J has claimed that its products containing talc are safe and do not cause cancer. It’s trying for a second time to resolve more than 38,000 lawsuits brought in bankruptcy and prevent new cases from coming forward in the future.
LTL’s bankruptcy plan will pay $400 million to a separate trust for claims filed from state attorney generals alleging that J&J violated laws against unfair business practices in the State of New York and consumer protection laws by misleading consumers regarding the safety of its talc products.

Some states had started consumer protection lawsuits against J&J before LTL’s first bankruptcy filing stopped those investigations from proceeding in 2021. Talc is bad. New Mexico and Mississippi had already brought suits against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court filings.

New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished in a joint move with cancer victims as well as their counterparts from the U.S. Justice Department’s bankruptcy watchdog, who have argued that a successful company like J&J is not eligible for bankruptcy protections aimed at those struggling with debt.
LTL’s first attempt at resolving the bankruptcy cases was dismissed following similar arguments, when a U.S. appeals court determined that LTL wasn’t in “financial difficulty” and therefore not eligible of bankruptcy protection. Talc is bad. LTL filed a second bankruptcy just over two hours after that dismissal, arguing that its second attempt was different in that it was able to borrow less and more backing for the settlement.

New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates the state’s law enforcement authority in attempting to unilaterally limit LTL’s liability to state consumer protection measures.

Talc Is Bad

The filings of LTL’s latest bankruptcy proceedings also include additional details about the way in which the company will evaluate and settle cancer claims if the bankruptcy plan is approved.

The maximum amount under the settlement will be $500,000 to those diagnosed with terminal mesothelioma before age 45 and $260,000 for patients diagnosed with ovarian cancer that is terminal before age 45.

From there, the proposed settlement offers discounts based on the type and severity of cancer, the individual’s age, previous talc use and other factors. Talc is bad. For example the case of a woman who used daily talc products, had an ancestral history of ovarian cancer and was diagnosed Stage II cancer of the ovary by age 55 may qualify for a $21,125 payment under the settlement plan.

Judge orders J&J and talc oppositionists to engage in settlement talks.

After another round of hearings in Johnson & Johnson’s effort to use a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing the plan to enter into talks to reach a settlement, Bloomberg reports.

With its second bankruptcy bid for LTL Management–a subsidiary established by J&J to settle claims – the company offered a settlement amounting to $8.9 billion. Talc is bad. While one firm representing plaintiffs is in favor of the settlement, a different group is against the settlement.

Earlier this week, the opposition group, dubbed”The Official Committee of Talc Claimants in the bankruptcy court, demanded to disqualify the petition by arguing that LTL is not a factor financially distressed.

“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 majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc is bad. “The law firms who filed this filing have financial interests that are in conflict with, contradict and infringe on the rights that their customers. We will be submitting a response in the appeals court.”

Talc is bad. Clay Thompson, a lawyer for MRHFM who boasts more than mesothelioma victims who have sued J&J for bankruptcy, told the company’s second bankruptcy try is likely to fail.

“J&J issue press releases describing how fantastic its plan is, while insisting that the plan’s details, including what each sick person will receive–be kept secret,” Thompson said in an email. “What is J&J’s plan to cover up?”

talcum powder lawsuit payout

Kaplan has instructed the sides to come up with another reorganization plan, under the supervision of two mediators.

In February 2022, Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that would relieve the company from the thousands of lawsuits related to its talcum-based products.

However, 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 trouble.”

The J&J’s plan to appeal to the U.S. Supreme Court was rejected at the end of April J&J declared bankruptcy about two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether or not to approve 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 gotten 19 months of which cases have been in limbo. Talc is bad. The company would like claimants to decide whether they want to accept the settlement. J&J would need 75% approval for the settlement to be approved.

In addition to the team of talc lawyers who panned the company’s bankruptcy in the U.S. Trustee, the U.S. Trustee, a branch of the U.S. Department of Justice, also filed an application to dismiss the second bankruptcy case of LTL.

In a statement this week, U.S. Trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest but unfortunate debtors.” The doors “are not available to anyone that don’t have a legitimate bankruptcy purpose or that seek to use bankruptcy to hinder or delay their creditors,” Vara continued.

On the other hand, J&J maintains there is no proof conclusive that their Talc products, which includes the famous baby powder, can cause cancer. J&J has taken its products off of the market, first on North America in 2020–and the rest of the world later this year.

J&J wants to avoid the expense of going to trial. It has prevailed in the majority of the cases that were decided through trial, though some losses have been punishing.
A highly publicized trial in Missouri resulted in an $4.7 billion verdict against the drugmaker, which 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 trial involving talc that are appealing or resolved. Of the 41 trials, 32 have ended in a win by J&J either through a mistrial or verdict for a plaintiff that was annulled upon appeal. Talc is bad. The company also in 2020 sought to settle over 1,000 cases worth 100 million dollars, Bloomberg reported at the time.

Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Is Bad

Our lawyers handle baby powder lawsuits across every state. The talcum powder lawsuits against Johnson & Johnson have been ongoing for years. Talc is bad. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient in products like Shower to Shower Powder along with Shower to Shower and Shower to Shower, could cause ovarian cancer in certain women.

This page gives the J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling affects the final settlement amounts in the ovarian cancer lawsuits.

Is the deadline for you to start a lawsuit against talcum powder? Many who believe that the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a no-cost and quick case review online.

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Is Bad

June 2 2023 Update: During the asbestos talc trial at the trial in California yesterday, a few technical issues halted the opening statements made by defense lawyers. Talc is bad. Jurors who were watching from home via Zoom however, heard Johnson &Johnson’s lawyer express doubts about the 70s research asserting the presence of asbestos in their product before the proceedings abruptly ended.

The plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer said that the presence of additional minerals along with talc is expected. He also testified that his team informed J&J in the year 1971 about the presence of asbestos chrysotile in the company’s talc, albeit with lesser than 0.1 percent. He also discovered more asbestos in the year 1976.

June 1st, 2023 Update: Talc is bad. First trial after J&J decided to spin off its talc section and declaring bankruptcy is an important point for the ongoing litigation story. Trial started on Monday in the heartbreaking trial of a young plaintiff who was diagnosed with a rare and aggressive form of mesothelioma last year, an illness that lawyers on both sides agree is a harrowing tragedy.

Opening statements revealed huge differences between the sides’ narrative. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging the use of deceitful techniques in its research practices and throughout the litigation process. As per the lawyer, the company attempted to manipulate asbestos’ definition, in spite of internal documents from 1978 and 1994 showing that asbestos fibers that were found in the tissue of the plaintiff are included.

Johnson & Johnson’s precarious $8.9 billion settlement offer hangs in the balance with the progress of this trial. Despite the unique nature of this mesothelioma lawsuit and its distinct issues compared to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could be an enormous setback for J&J’s hopes for broad acceptance of their proposed settlement among plaintiffs.

May 31st 2023 Update: Johnson & Johnson’s bankrupt talc unit was able to defend their 2nd Chapter 11 filing in the face of challenges from injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the situation differed fundamentally from the earlier filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion in settlement from J&J the largest settlement ever in an bankruptcy case involving mass torts. Talc is bad. It was not mentioned how the size of the settlement implies that it is an equitable settlement. J&J also claimed support from several plaintiffs’ legal firms representing more than sixty thousand claimants. This is not easy to confirm but is probably incorrect.

May 24 2023 Update: As of Johnson &J Johnson’s bankruptcy filing, the very first trial on its cosmetic talc products that are believed to containing asbestos is set to begin jury selection on Monday in California at Alameda County Superior Court, which is a well-known location for plaintiffs. The plaintiff asserts that his mesothelioma was triggered by asbestos exposure through J&J’s products which that the company has denied. The trial also involves six retailers accused of selling talc-containing products.

May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now battling over who should be chosen to fill the role of the future claims representative, an important role essential to the resolution of the talc claims. Talc is bad. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country, was appointed as the claims representative in the initial bankruptcy. J&J’s defense team wants Ellis to be named to the position again, but lawyers for the talc plaintiffs have raised objections because Ellis has an interest conflict which should stop her from assuming that position in the future. This conflict is rooted in the reality that Ellis was reportedly involved in the creation of the hotly contesting second bankruptcy, which raises questions about her ability to be neutral. The reality is this bankruptcy is likely to be tossed out anyway.

May 17, 2023 Update: The pretend company that J&J put together to handle the bankruptcy of talc has informed an New Jersey bankruptcy court that they have set aside $400 million as a settlement for allegations made by states who accuse J&J of misleading marketing for its talc-based products. Talc is bad. This amounts to an $8.5 billion settlement for cancer sufferers. It is hard to imagine an eventuality where J&J will be able to push the settlements of baby powder through at these numbers. While J&J’s $8.5 billion offer may seem like a large sum initially, it will not look very appealing when you look at the numbers. The settlement plan based on our estimates – will not pay victims much more than an average settlement $100,000 per instance. That is not enough.

May 15th 2023 update: J&J is potentially facing a lawsuit brought by an advocacy group that represents cancer victims. Talc is bad. The group argues that J&J deliberately retracted the $61.5 billion financing agreement with its subsidiary, LTL Management LLC, in order to create a false sense of financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of the rights of victims’ compensation. They are planning to study J&J’s actions as a result of the dismissal of the LTL’s bankruptcy case in its first instance.

May 10 2023 Update: Next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy filing from J&J company LTL Management. However, in the meantime, this bankruptcy court has issued an order requiring both sides to take part in a new settlement negotiation in the hope that the global settlement can be been reached.

May 5th, 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. Talc is bad. Over 2,700 people have sued the firm and it has been spending $1 million a month for legal defense. The company’s recent $29 million settlement on the state of South Carolina forced it to file for bankruptcy protection, arguing that assets should be distributed in an equitable manner to talc claimants, rather than being taken over from the receiver. Other talc suppliers have also filed for bankruptcy due to legal proceedings.

May 4, 2023 Update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to restart talks with lawyers who have rejected the company’s proposed $8.9 billion offer for settlement. The court in Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps in their second bankruptcy matter and Judge Kaplan encouraged further settlement talks.

This is the way to resolve the claims of J&J. The baby powder settlement is likely to be completed. Talc is bad. However, it will require more money, more billions of dollars – of Johnson & Johnson.

Lawyers have a split opinion on whether to take the proposal or not and not all clients see the issue in the same manner their lawyer sees it. This second case of bankruptcy is likely to go nowhere with Judge Kaplan has set a date for a hearing in June to decide whether to discharge the bankruptcy for the 2nd time.

May 3, 2023 Update: A group of cancer patients who have sued Johnson & Johnson (J&J) asked that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation surrounding talc-based products. The committee representing talc claimants made a motion Tuesday requesting for the Third Circuit to consider their case and to send it back an earlier court with instructions for dismissing the bankruptcy. Talc is bad. They also asked that the stopped tort litigation against J&J should be permitted to continue.
LTL has filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year and offered an $8.9 billion payment. The committee argues that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, in addition to halting trials against J&J, warrants urgent Third Circuit review. The US Trustee also requested that be 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 plans to file a statement in the appeals court, declaring the filing a “desperate and legally insufficient effort” by a handful of law firms with conflicting financial interests.
May 1, 2023 Update: One frequently asked question is how the plaintiffs’ lawyers and their clients turn off $8.9 billion. Of course, that is an immense amount of money. But there are a lot of victims. Talc is bad. These are actually a good case for plaintiffs. We were reminded of this last week by two talc-related trials that ended in large verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon led to the verdict that was $18.1 million. A month later, another mesothelioma talc case was brought to trials within South Carolina and resulted in an award of $29 million on behalf of the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. One of the largest producers of talc in the U.S.
April 30, 2023 Update: When J&J initially tried to take the lawsuit over talcum powder into bankruptcy, it was met with an offer to reserve $2 billion to settle the case. The amount was absurdly low. The talc plaintiffs had not agreed with it. This time around, however, J&J has increased the offer to $8.9 If the talc plaintiffs accept a bankruptcy settlement and they have the backing of a significant part of the talc-related plaintiffs and their attorneys. Talc is bad. 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 large inventories of baby powder lawsuits opposed against the proposed settlement.

What is the solution to this impasse? More billions.
April 25, 2023, Update Talc Cancer victims have sought a court order to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, which claims that the business is not financially strained. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc is bad. It was the 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not eligible for bankruptcy relief as it was unable to demonstrate financial trouble.

The plaintiffs argue that the third Chapter 11 case is an overreach of the bankruptcy system, and that it’s being conducted in bad good faith. J&J asserts that the bankruptcy settlement receives “significant support” from firms representing approximately 60,000 plaintiffs. It’s safe to say that plaintiffs’ lawyers and the victims are split over what they believe is an $8.9 billion offer for settlement.

April 21st, 2023 Update A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that it sold a baby powder that contained a chemical that causes cancer. Although the trials for talc lawsuits are paused for at least 60 calendar days, new lawsuits can be filed and lawyers can begin preparing their cases. Talc is bad. Judges expressed skepticism about J&J’s pathetic attempt to revive its strategy with a second bankruptcy trial.

April 13th 2023 update: the major news is the $8.9 billion over 25 years of settlement. Lawyers representing cancer patients involved in the MDL group action vowed to challenge the settlement the talc claimants. Why? They believe it’s not enough for 70 000 cancer patients. Talc is bad. These lawyers believe that J&J should negotiate a larger settlement or pursue individual claims in the event that the latest bankruptcy is thrown out.

There is a different group of lawyers that is not part of the leadership group in the class action. These lawyers have amassed many thousands of cases. They want to settle now for what is believed to be less than these victims deserve. The argument they make is two-fold. The first is that they claim the settlement – about 100 million dollars on average per plaintiff is fair.

This is an argument that is difficult to make. However, their second argument has more force: the victims can not afford to wait any longer and need their money today.

April 12 2023 Update: Many are asking how J&J is able to file for bankruptcy once more. The answer is complex and confusing. Let’s try to simplify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to resolve both current and future talc litigations in a definitive manner. Also, it thinks it will pay less when there is the bankruptcy element which applies pressure to negotiate a settlement. Talc is bad. In a quest to cover the 400-year span of American history, the company asserts that bankruptcy benefits everyone by dispersing settlement payments more evenly and effectively than trial courts, where some litigants receive significant award while others do not.

The basic tenet in this 3rd Circuit decision was this isn’t a case that involves an enterprise that is profitable, forming a subsidiary to take the legal responsibility and declare bankruptcy Congress contemplated when drafting the Bankruptcy Code. But it also said it was not in financial crisis due to the fact that J&J promises unlimited funding.
So J&J took advantage of the funding unlimited part of the deal and didn’t make any promises to provide unlimited funding for lawsuits. J&J claims that its modified financing arrangements with its subsidiary address the concerns of the appellate court, while offering claim payment funds. It’s as if giving victims less money would solve the problem at hand.

Attorneys representing cancer patients who oppose the deal counter this with what you conclude is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s previous decision. Hyperbole was not 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. However, it’s a means of pushing this $8.9 billion settlement to keep pressure on plaintiffs.

April 10, 2023 Update: Bloomberg provides an insightful article on a new law within New Jersey that is shedding new light on litigation funding in the class action lawsuit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any wins. J&J is now willing the payment of $8.9 billion to settle lawsuits.

The funders’ involvement is public knowledge because of a New Jersey court rule requiring the release of certain details regarding outside funding backers. The law is designed to address the growing calls for the regulation of lawsuit funders. J&J has more than 60,000 claims when you take into account federal and state child powder-related lawsuits. Third-party funding in mass tort claims is not without its pros and pros and. However, there is no doubt that we are seeing how third-party financing can help level the playing field between individuals and big companies in the courtroom.

April 4, 2023 Update: It is interesting to watch the worm turning in this legal battle. J&J has taken another blow this week, when the Third Circuit denied J&J’s request to keep the automatic stay in place in the meantime that J&J appeals a bankruptcy ruling at the U.S. Supreme Court. This automatic stay stopped the cases of talcum powder in a number of years and stopped new lawsuits from arising ever since J&J launched the controversial attempt to spin the talc liabilities off into a bankrupt subsidiary over one year in the past. Talc is bad. After the 3rd Circuit ruled that this bankruptcy was invalid a few months ago, the stay was revoked. J&J wanted to see it stayed in place until 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 chance the Supreme Court is willing even to hear the appeal? Low.
March 16 2023 Update: With the bankruptcy stay having been officially lifted, the very first new cases have been filed and transferred into the class action for talcum powder MDL in the space of a year. Seven new talc cases were included in the MDL during the month of March and brought the total number of pending cases up to 37,522.

February 25 2023 Update The following information is available: A Congressmen from Tennessee has now demanded that authorities from the U.S. Government Accountability Office (GAO) start an investigation to determine how much J&J talc products have cost the government in 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 for many years, while tax dollars were used to treat those who were injured through exposure to the products. The demand comes just weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.

Talc is bad. J&J must begin making fair settlement offers to victims, in order to put all of this behind. This is a disgrace to one of the top businesses.

February 14 2023 Update: At an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.