You May be Entitled to Significant Compensation Talc is it bad for you. 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 make payments of 400 million dollars to US state AGs. Talc Is It Bad For You .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of a wider $8.9 billion effort to settle allegations that it’s Baby Powder and other talc product causes cancer. Talc is it bad for you.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company plans to pay different kinds of cancer victims in a bankruptcy settlement. Talc is it bad for you. J&J has claimed that its talc products are safe and won’t cause cancer. The company is trying for an additional time to conclude more than 38,000 cases 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 claims made with state attorneys general alleging that J&J violated the state’s unfair commercial practices and consumer protection laws by misinforming consumers regarding the security of its talc-based products.
Many states had initiated consumer protection measures against J&J prior to LTL’s bankruptcy filing stopped those investigations from proceeding in 2021. Talc is it bad for you. New Mexico and Mississippi had already brought suits for damages against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims as well as those affected by cancer and the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a profitable company like J&J is not eligible for bankruptcy protections aimed at people with debt problems.
The first attempt by LTL to resolve the bankruptcy cases was thrown out after similar arguments. The U.S. appellate court ruled it was not LTL wasn’t in “financial trouble” and therefore not eligible for bankruptcy protection. Talc is it bad for you. LTL had filed for bankruptcy again in just two hours following the dismissal, saying that the second bankruptcy was different due to the fact that it had less money and more backing for the settlement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates the state’s law enforcement authority by seeking to unilaterally limit the liability of the company for state consumer protection actions.
Talc Is It Bad For You
LTL’s filings for the new year also contained additional details about how the company would assess and pay cancer claims should the bankruptcy plan be approved.
The largest amount of money under the settlement will be $500,000 for those diagnosed with cancer of the mesothelioma ovary before the age of 45, and $260,000 for those who have been diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement applies discounts depending on the kind and severity of cancer, the patient’s age, history of talc use and other factors. Talc is it bad for you. For instance, a woman who used talc products on a weekly basis, who had an ancestral history of ovarian cancer and was diagnosed stage II ovarian cancer by age 55 may qualify for a $21,125 payout according to the plan.
Judge gives order to J&J, talc opponents to participate in settlement talks.
Following another hearing in Johnson & Johnson’s attempt to use a Texas Two-Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the strategy to engage in negotiations to settle the matter, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL management, a subsidiary founded by J&J to handle the claims company offered a settlement of $8.9 billion. Talc is it bad for you. While one group of law firms representing plaintiffs supports the settlement, a different group is against the settlement.
Earlier this week, the opposition group, called the Official Committee of Talc Claimants in the bankruptcy court, demanded for dismissal of the matter asserting that LTL cannot be regarded as in financial hardship.
“The filing is an unjust and legally flawed attempt by a tiny number of law firms to block claimants from voting on the resolution plan–a plan that the overwhelming majority of claimants support,” J&J’s litigation chief Erik Haas, said in an announcement. Talc is it bad for you. “The law firms involved in this filing have financial interests that clash with, diverge from and infringe on the rights of their clients. We’ll be submitting an appeal before the court of appeals.”
Talc is it bad for you. Clay Thompson, a lawyer for MRHFM that boasts more than mesothelioma victims who have filed lawsuits against J&J and J&J, has said that J&J’s second bankruptcy effort will fail.
“J&J issues press releases describing how fantastic its plan is while simultaneously requesting that details of the plan, such as what individual sick people would actually be treated to,” Thompson said in the statement. “What do they have to conceal?”
Kaplan has instructed the sides to devise a second reorganization plan, under the supervision by two mediators.
On February 20, 2022 Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would relieve J&J from the thousands of lawsuits related to its talcum-based products.
But in the month of January, an appeals court of the federal government overturned the decision, ruling that the business could not be considered to be in “financial difficulty.”
After J&J’s appeal to the U.S. Supreme Court was rejected on April 1, J&J filed for its second bankruptcy roughly two hours after. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to allow the second bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B cost of litigation involving talc.
In the Two Chapter 11 attempts, J&J has been able to buy 19 months in which the cases were in limbo. Talc is it bad for you. The company would like claimants to decide whether they want to accept the settlement. J&J requires 75% approval for the settlement to be approved.
In addition to the group of talc attorneys who have panned the company’s bankruptcy play, the U.S. Trustee which is a division of the U.S. Department of Justice is also submitting motions to dismiss LTL’s second bankruptcy.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest, but naive debtors.” The doors “are not available to anyone that don’t have a legitimate bankruptcy objective or seek to use the bankruptcy process to hinder or delay their creditors.” Vara continued.
For its part, J&J maintains there is no evidence conclusive that its Talc-based products, such as its iconic baby powder, cause cancer. J&J has been taking the products of the market, first on North America in 2020–and the rest of the world this year.
J&J intends to steer clear of the costly business of going to trial. It has won most of the cases decided at trial, but certain losses have been extremely harsh.
A highly-publicized trial in Missouri led to a $4.7 billion verdict against the drug company that 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 trial cases in talc which are in appeal or concluded. Out of 41 trials, 32 have ended in winning for J&J as well as mistrials or plaintiff verdict that was dismissed upon appeal. Talc is it bad for you. Separately, the company in 2020 negotiated to settle nearly 1000 cases at a cost of $100 million, Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Is It Bad For You
Our lawyers handle baby powder lawsuits across all 50 states. The talcum powder lawsuits in the case of Johnson & Johnson have been going on for a long time. Talc is it bad for you. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in products such as the Baby Powder and Shower to Shower as well as other products, may cause ovarian cancer among some women.
This page provides a J&J talc power litigation update and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amounts in the Ovarian Cancer lawsuits.
Has the deadline passed for you to start a lawsuit against talcum powder? Many who believe the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Is It Bad For You
June 2 2023 Update: During the asbestos talc case which took place in California yesterday, a few technical issues interrupted the opening statements of the defense attorneys. Talc is it bad for you. Jurors who were watching from home via Zoom, did hear Johnson &Johnson’s lawyer express doubt about the science of the 70s affirming the presence of asbestos in their product before the opening was abruptly ended.
In the meantime, the plaintiff could introduce the first of their witnesses, Arthur Langer. Langer stated that the presence of other minerals in the talc mineral is a given. He testified that his team informed J&J in the year 1971 about the presence of asbestos chrysotile in the talc produced by the company, although at lower than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update: Talc is it bad for you. A trial for the first time since J&J made the decision to split its talc division and declare bankruptcy marks a pivotal moment of the ongoing litigation saga. The trial started yesterday in the harrowing trial of a young plaintiff who was diagnosed with a rare and aggressive type of mesothelioma last year. a diagnosis 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 against Johnson & Johnson, alleging the use of deceptive methods in their research practices as well as throughout the litigation process. As per the lawyer Johnson & Johnson attempted to alter asbestos’ definition, despite internal documents from between 1978 and 1994 that showed fibers discovered in the tissue of the plaintiffs are included.
Johnson &J’s tangled $8.9 billion settlement offer hangs in the balance as we course of this trial. Despite the distinctive nature of this mesothelioma lawsuit and its distinct issues compared to other lawsuits involving talcum powder and a decision in favor of the plaintiff could inflict 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 division is defending it’s two-time Chapter 11 filing in the facing challenges from injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the case was distinct from the earlier filing. It emphasized the unprecedented commitment to $8.9 billion in settlement from J&J as the biggest settlement ever to be made in an bankruptcy case involving mass torts. Talc is it bad for you. It was not mentioned how the amount 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 60,000 claimants. This is difficult to verify but is probably incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the first trial regarding its cosmetic talc products that are believed to containing asbestos is set to begin jury selection on Monday, California with Alameda County Superior Court, the most favored jurisdiction for plaintiffs. The plaintiff claims that his mesothelioma was triggered by asbestos exposure from J&J’s products, an allegation that the company has denied. 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 now battling over who should be appointed to the role of the claims representative in the future, a role that is critically essential in resolving the talc claims. Talc is it bad for you. Randi Ellis, a lawyer who frequently appears in MDLs across the country was appointed the claims representative in the previous bankruptcy. J&J’s defense team wants Ellis to be appointed in that position yet again, but the lawyers for the talc plaintiffs are objecting to the claim that Ellis has an unrelated conflict of interest that should prevent her from taking on that role in the future. The conflict stems from the possibility that Ellis was involved in the creation of the hotly disputable second bankruptcy, which raises doubts regarding her capacity to remain neutral. The reality is this bankruptcy is likely to be dismissed regardless.
May 17th, 2023 Update: The pretend company that J&J put together for the talc litigation bankruptcy informed an New Jersey bankruptcy court that they have set aside $400 million to settle claims of states that accuse the company of misleading advertising for its talc product. Talc is it bad for you. It’s a $8.5 billion settlement to cancer victims. It’s hard to imagine any scenario in which J&J can push the settlements of baby powder through with these numbers. While J&J’s $8.5 billion offer sounds like a large sum at first, it does not look good when you consider the math. The proposed settlement based on our rough calculations, would not be able to pay victims more than $100,000 per case. It’s not enough.
May 15th, 2023 Update: J&J might be facing suit from an advocacy group that represents cancer victims. Talc is it bad for you. The group contends that J&J intentionally canceled a $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of victims’ compensation rights. They will investigate J&J’s actions following of the dismissal of the first bankruptcy case of LTL.
May 10 2023 Update: The following week this week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy petition filed of J&J subsidiaries LTL Management. In the meantime, however, the bankruptcy has issued an Order that requires both parties to participate in a new settlement mediation in the hope that it will be possible to reach a global settlement agreement brokered.
May 5th 2023 Update: Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. Talc is it bad for you. Over 2,700 people have sued the company and it has been spending $1 million a month on legal defense. The company’s most recent $29 million verdict on the state of South Carolina forced it to apply for bankruptcy protection and argue for an equitable distribution of assets between talc claimants rather than being seized by the receiver. Other talc suppliers have also declared bankruptcy because of legal proceedings.
May 4 2023 Update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen talks on settlement with lawyers who rebuffed Johnson & Johnson’s $8.9 billion agreement. At Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps in another bankruptcy proceeding and Judge Kaplan was pushing for more settlement discussions.
This is the answer to settle these claims with J&J. A settlement for baby powder can be made. Talc is it bad for you. But it will require additional money – perhaps billions of dollars coming from Johnson & Johnson.
Lawyers have a split opinion on whether to accept the proposal and not every client sees the issue in the same manner their lawyer sees it. The second bankruptcy case is likely to fail, the judge Kaplan has scheduled a hearing in June to determine whether to remove the bankruptcy after the second.
May 3, 2023 Update A group of cancer patients who have sued Johnson & Johnson (J&J) demanded that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation regarding talc-related products. The group of talc claimants submitted a motion on Tuesday, asking to the Third Circuit to consider their case and to send it back before a court of lower jurisdiction with instructions to dismiss the bankruptcy. Talc is it bad for you. They also requested that the stopped tort litigation against J&J be allowed to proceed.
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, offering the possibility of an $8.9 billion settlement. The committee argues that the recent ruling which allowed the second Chapter 11 to continue, as well as halting the trials against J&J is a reason for the immediate Third Circuit review. The US Trustee also asked that it be requested that the 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 flawed move” by a select group of law firms that have conflicts of financial interests.
May 1st, 2023 Update: One common question that people ask is how could plaintiffs and their lawyers be able to turn down $8.9 billion. Of course, that is quite a sum. But there are a lot of victims. Talc is it bad for you. They are a great arguments for plaintiffs. We were reminded of this recently with two talc trials ended in large verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon was settled with a verdict worth $18.1 million. The following month, a second talc mesothelioma case went to the court within South Carolina and resulted in an award of $29 million in favor of plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. One of the most prominent suppliers of talc in the U.S.
April 30 2023 Update: In the year 2023, when J&J initially tried to take the talcum powder litigation into bankruptcy, it came with the option of putting aside $2 billion to settle the case. This was an absurdly low amount. There was no one among the talc victims who agreed with the proposal. This time, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they agree to a bankruptcy settlement and they have the support of a substantial segment of the talc plaintiffs and their attorneys. Talc is it bad for you. But with 75% of talc plaintiffs, which is necessary for bankruptcy plan approval is not an easy task due to the sheer number of lawyers with vast inventories of baby powder litigations opposed towards the agreement.
What is the solution to this impasse? More billions.
April 25, 2023 Update Talc patients have asked a judge to dismiss the Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, declaring that the company isn’t financially strained. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Talc is it bad for you. The 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not a candidate to receive bankruptcy relief because it did not show financial difficulties.
The plaintiffs argue that the second Chapter 11 case is an fraud on the bankruptcy system and the case is being handled in bad good faith. J&J claims the bankruptcy settlement is backed by “significant backing” from firms representing about 60,000 potential claimants. It’s safe to say plaintiffs’ lawyers and the victims are split over what they believe is an $8.9 billion offer for settlement.
April 21, 2023 Update: A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that the company offered a baby powder with a contaminant that caused cancer. Although the trials for talc lawsuits are paused for a minimum of 60 days and new lawsuits are able to be filed, and lawyers can begin preparing their cases. Talc is it bad for you. Judges expressed doubt about J&J’s pathetic attempt to revive its plan with a second bankruptcy trial.
April 13th 2023 update: the most important news is the $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer victims involved in MDL class action MDL collective action pledged to challenge the settlement those who claim talc. Why? They believe it’s not enough to pay for those suffering from cancer who are 70,000. Talc is it bad for you. The lawyers say that J&J should seek a bigger settlement or pursue individuals’ claims if the current bankruptcy is thrown out.
However, there is a second group of lawyers that is not part of the leadership group in group action. These lawyers have collectively amassed tens of thousands of cases. They want to settle the case now for what many argue is far less than what these victims deserve. Their argument seems to be two-fold. The first is that they claim the settlement, which is 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 now not wait and they want to get their money right now.
April 12, 2023 Update: People are seeking out how J&J could file for bankruptcy once more. The answer is complicated and complicated. But let’s try to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only way to address both present and future talc litigations in a definitive manner. It thinks it will pay less should there be a bankruptcy component that applies pressure to negotiate a settlement. Talc is it bad for you. Driving past the 400-year span of American history, the firm believes that bankruptcy is beneficial to everyone by dispersing settlement payments more evenly and more efficiently than trial courts in which some litigants receive substantial settlements while others get nothing.
The basic tenet in the 3rd Circuit decision was this is not a case – one that makes a profit, but a subsidiary to take the legal responsibility and declare bankruptcy – Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified that the entity was financially trouble due to the fact that J&J offered unlimited financing.
Then J&J did not hesitate to take advantage of the unlimited funding portion of the holding and did not promise that it would provide unlimited funds for litigation. J&J claims that its updated financing arrangements with its subsidiary address the appeals court’s concerns while still offering funds to pay claims. As if providing victims with lesser money could solve the overall issue.
Lawyers representing cancer patients who do not agree with the agreement counter the agreement with what is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s previous ruling. The hyperbole wasn’t spared attorneys representing the victims claim it the biggest “fraudulent transfer ever in United States history.”
Despite the legal jargon, J&J does not really believe that this bankruptcy will last. But it’s a way of pushing this $8.9 billion settlement to keep pressure on plaintiffs.
April 10, 2023 update: Bloomberg provides an insightful piece on a law that has been passed of New Jersey that is shedding new light on litigation funding in the baby powder suit for class actions. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) over talc products in exchange for a percentage of any wins. J&J is now willing the payment of $8.9 billion to settle lawsuits.
The involvement of funders is made public because of a New Jersey court rule requiring the release of certain details about funders outside the state. The rule aims to address the growing calls for regulation of the litigation funders. J&J has more than 60,000 claims when you combine state and federal baby powder lawsuits. Third-party funding for mass tort lawsuits has pros and cons. There is no doubt that we are witnessing how third-party funding can level the playing field between individual as well as large corporations in the courtroom.
April 4, 2023 Update: It’s interesting to watch the worm turning in this legal battle. J&J took another hit this week, when they were denied by the Third Circuit denied J&J’s request to maintain the automatic stay while J&J appeals a bankruptcy ruling in the U.S. Supreme Court. The automatic stay has frozen thousands of talcum powder cases and stopped new lawsuits from being filed ever since J&J initiated the controversial effort to spin the talc liabilities into a bankrupt subsidiary more than one year earlier. Talc is it bad for you. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was revoked. J&J had hoped to have it remain in effect until an appeal to the 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. There is a chance that of the Supreme Court is willing even to consider the appeal? Low.
March 16 2023 Update: with the bankruptcy stay in effect, the first new cases have been filed and transferred into the class action involving talcum powder MDL within a year. Seven new talc lawsuits have been included in the MDL in the last month, bringing the total number of pending cases up to 37,522.
February 25, 2023 Update 2023 Update: A Congressmen from Tennessee is now requesting that The U.S. Government Accountability Office (GAO) launch an investigation into the amount J&J products containing talc have cost the government in the many years.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of failing to recognize the dangers of its talc-based products for decades while tax dollars were spent treating those injured by exposure to the product. The suit comes just a few days after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc is it bad for you. J&J should begin to make reasonable settlement offers for victims in order the process of putting all this behind. This is a disgrace to one of the greatest firms.
February 14 , 2023 Update: At a hearing today at the hearing 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 is it bad for you. 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!