You May be Entitled to Significant Compensation Talc linked to testicular cancer. 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 will pay $400 million to US state AGs. Talc Linked To Testicular Cancer .
Johnson & Johnson (JNJ.N) has put aside $400 million to resolve U.S. state consumer protection actions as part of a broad $8.9 billion effort to settle allegations that it’s Baby Powder and other talc ingredients cause cancer. Talc linked to testicular cancer.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company will pay various types of cancer victims as part of bankruptcy settlement. Talc linked to testicular cancer. J&J has stated that its Talc products are safe and do not cause cancer. The company is trying for another time to settle more than 38,000 lawsuits brought in bankruptcy, and to prevent any new cases from coming forward in the future.
LTL’s bankruptcy plan will pay $400 million to an additional trust to settle claims made by state attorneys general alleging that J&J was in violation of state unfair business practices as well as consumer protection laws, by deceiving consumers regarding the safety of its talc products.
Many states had initiated consumer protection actions against J&J prior to the first bankruptcy filing prevented those investigations from progressing in 2021. Talc linked to testicular cancer. New Mexico and Mississippi had already initiated lawsuits against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands according to court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy, joining cancer victims as well as the U.S. Justice Department’s bankruptcy watchdog. They have argued that a successful firm like J&J does not qualify for bankruptcy protections meant for people with debt problems.
The first time LTL attempted to settle the bankruptcy-related lawsuits was dismissed following similar arguments. The U.S. appellate court ruled it was not LTL did not have “financial distress” and was not eligible to receive bankruptcy relief. Talc linked to testicular cancer. LTL had filed for bankruptcy again less than two hours after that dismissal, arguing that its second attempt was different due to the fact that it was able to borrow less and more backing for an agreement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement authorities by attempting unilaterally to cap the liability of the company in state consumer protection laws.
Talc Linked To Testicular Cancer
LTL’s recent filings also provided more information about how the company would assess and pay for cancer claims when the bankruptcy plan is approved.
The largest amount of money 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 ovarian cancer that is terminal prior to age 45.
From there, the proposed settlement provides discounts based on the nature and severity of cancer, the individual’s age, the history of using talc and other factors. Talc linked to testicular cancer. For instance the case of a woman who used daily talc products, had the family history of ovarian cancer, and was diagnosed with Stage II cancer of the ovary at the age of 55 could be in line for a $21,125 payout under the settlement plan.
Judge decides J&J, talc opponents to discuss settlement negotiations.
After another round of hearings 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.
With its second bankruptcy bid for LTL Management, a subsidiary set up by J&J to hold the claims–the company offered a settlement of $8.9 billion. Talc linked to testicular cancer. While one firm representing plaintiffs is in favor of the deal, another group is against the settlement.
Earlier this week, the opposition group, which is known as the Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition saying that LTL is not a factor to be in financial trouble.
“The filing is a desperate and legally deficient attempt by a tiny number of law firms to try to stop claimants from deciding on the resolution, which that the overwhelming majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Talc linked to testicular cancer. “The law firms behind the filing are pursuing financial interests which clash with, differ from and contravene those which their clientele. We’ll submit a response an appeal to the appellate court.”
Talc linked to testicular cancer. Clay Thompson, a lawyer for MRHFM which includes more than mesothelioma patients who have filed lawsuits against J&J claimed that the second bankruptcy attempt of J&J will fail.
“J&J publishes press release that boast about how amazing its plan is, while insisting that the details of its plan–including the treatment the individual sick individuals would receive — be kept private,” Thompson said in a statement. “What does the company have to hide?”
Kaplan has instructed the sides to develop a new reorganization plan, under the oversight by two mediators.
In February 2022, Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would release J&J from the thousands of lawsuits over its talcum products.
However, in January of this year, an appeals court in the United States overturned the decision, deciding that the company could not be considered in “financial financial distress.”
In the event that J&J’s request to appeal to the U.S. Supreme Court was denied the same month, J&J declared bankruptcy roughly 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 an additional bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B talc litigation charge.
With the Two Chapter 11 attempts, J&J has gotten 19 months of which cases were put on hold. Talc linked to testicular cancer. The company would like claimants to vote on accepting their settlement. J&J will require 75% acceptance for the settlement to be approved.
In addition to the gang of talc lawyers who panned the bankruptcy of the company and the U.S. Trustee, an arm from the U.S. Department of Justice has also filed motions to dismiss LTL’s bankruptcy second case.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest, but naive debtors.” Those doors “are not open to parties that don’t have a legitimate bankruptcy goal or who seek to take advantage of the bankruptcy process to delay or hinder their creditors,” Vara continued.
In its own words, 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 from the market and will first launch them to be available in North America in 2020–and the remainder of the globe later this year.
J&J is determined to stay clear of the expense of going to court. It has prevailed in the majority of the cases that have been decided at trial, but some losses have been very punitive.
A highly publicized trial in Missouri ended in an $4.7 billion verdict against the drug company, 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 talc trials that are either in appeal or resolved. Out of 41 trials, 32 ended with the favor of J&J either through a mistrial or verdict of a plaintiff overturned upon appeal. Talc linked to testicular cancer. Separately, the company in 2020 negotiated to settle around 1000 cases for 100 million dollars, Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Linked To Testicular Cancer
Our lawyers are handling baby powder cases in every state. The talcum powder lawsuits in the case of Johnson & Johnson have been ongoing for many years. Talc linked to testicular cancer. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in products such as Shower to Shower Powder and Shower to Shower as well as other products, may cause ovarian cancer among some women.
This article provides the J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling affects the final settlement amount of these ovarian cancer lawsuits.
Have you reached the deadline by which you to bring a talcum lawsuit? Many who assume the deadline has passed to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Linked To Testicular Cancer
June 2 2023 Update: In the asbestos talc trial which took place in California yesterday, some technical issues interrupted the opening statements of the defense attorneys. Talc linked to testicular cancer. Jurors who were watching from home via Zoom however, heard Johnson & Johnson’s lawyer voice his doubt about the 70s research asserting the presence of asbestos in their product before the opening was abruptly ended.
Meanwhile, the plaintiff could present their first witness, Arthur Langer. Langer explained that the existence of other minerals in talc is expected. He said that his team was notified by J&J in the year 1971 about the presence of chrysotile asbestos the talc of the company, but in just 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update Talc linked to testicular cancer. This is the first court trial that has taken place since J&J took the decision to disband its Talc section and declaring bankruptcy is an important turning point of the ongoing lawsuit controversy. Trial started on Monday in the harrowing case of a young 24-year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma last year, which lawyers on both sides believe is a grave tragedy.
Opening statements laid bare sharp differences in the two sides’ narrative. The plaintiff’s attorney took aim at Johnson & Johnson, alleging the use of deceptive strategies in its research practices as well as throughout the litigation procedure. In the words of attorney the company tried to manipulate the definition of asbestos, despite internal documents dating back to 1978 and 1994 showing that asbestos fibers that were found in the plaintiff’s tissue are included.
Johnson & Johnson’s uncertain $8.9 billion settlement deal hangs in the balance as we progress of this trial. Despite the particularity of this mesothelioma lawsuit and the unique issues it faces compared to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could inflict an unintended setback to Johnson & J’s hope of gaining broad acceptance for their proposed settlement among plaintiffs.
May 31st, 2023: Update from Johnson & Johnson’s bankrupt talc division vigorously defended their second Chapter 11 filing in the face of challenges from injured talc claimants. In an objection submitted 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 to $8.9 billion in settlement from J&J as the largest ever settlement in an bankruptcy case involving mass torts. Talc linked to testicular cancer. It was not mentioned how the amount of the settlement implies that it is a fair settlement. J&J also claimed support from numerous plaintiffs’ law firms that represent over the 60,000 plaintiffs. This is difficult to verify however it is likely to be incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s bankruptcy in 2021 filing, the first trial on the cosmetic talc products it claims to comprised of asbestos is set to start jury selection Monday in California at Alameda County Superior Court, a historically good court for plaintiffs. The plaintiff asserts that his mesothelioma was triggered by asbestos exposure through J&J’s products and that the company is denying. The trial also involves six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the second J&J Talc bankruptcy are currently battling over who should be chosen to fill the position of the claims representative in the future, which is vitally essential in resolving the talc claims. Talc linked to testicular cancer. Randi Ellis, a lawyer who regularly appears in MDLs throughout the United States, was appointed as the claims representative in the previous bankruptcy. J&J’s defense team wants Ellis to be named to the position and again, but attorneys for the talc plaintiffs are objecting due to the fact that Ellis has an interest conflict that would prevent her from assuming that position once more. The conflict stems from the reality that Ellis was believed to have been involved in drafting the hotly contested second bankruptcy, raising doubts about her ability to be neutral. It’s true that this bankruptcy will likely to get dismissed anyway.
May 17th, 2023 Update: The pretend company J&J formed for the talc litigation bankruptcy informed an New Jersey bankruptcy court that they have allocated $400 million to pay the allegations made by states who accuse the company of misleading advertising regarding its talc products. Talc linked to testicular cancer. That’s an $8.5 billion settlement for cancer victims. It’s difficult to envision an eventuality where J&J could push the settlements of baby powder through given these numbers. While J&J’s $8.5 billion offer might seem like a lot of money initially, it will not appear appealing when you do the math. The settlement plan based on our estimates – will not provide victims with much more than a median settlement of $100,000 per case. This isn’t enough.
May 15th, 2023, Update J&J could be facing lawsuit from an advocacy group representing cancer victims. Talc linked to testicular cancer. The group argues that J&J intentionally canceled a $61.5 billion financing agreement that it had with its company subsidiary LTL Management LLC, in order to create a false sense of financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group argues that this act is equivalent to a fraudulent transfer of victims’ compensation rights. They plan to explore J&J’s actions in the wake of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: The following week this week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy application from J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however this bankruptcy court has issued an Order calling for both parties to take part in a settlement mediation with the hopes of achieving an international settlement agreement can be brokered.
May 5, 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer due to asbestos exposure. Talc linked to testicular cancer. Over 2700 people have sued the company and it has been spending $1 million a month to defend its legal position. The company’s most recent $29 million settlement at the Supreme Court of South Carolina forced it to apply for bankruptcy protection and argue for an equitable distribution of assets to talc claimants, rather than being seized through the receiver. Other talc suppliers have also declared bankruptcy because of the litigation.
May 4 2023 Update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to restart settlement discussions with lawyers who rebuffed the company’s $8.9 billion deal. It was in Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps to take in this second case of bankruptcy. Judge Kaplan pushed more settlement talks.
This is the way to settle these claims with J&J. A baby powder settlement could be achieved. Talc linked to testicular cancer. But it’ll need more money, more billions of dollars – by Johnson & Johnson.
Lawyers are divided on whether to accept the proposal and not all clients see the issue the same way their attorney does. A second bankruptcy proceeding is likely to go nowhere and Judge Kaplan has scheduled a hearing in June to determine whether to close the case for the third time.
May 3 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) demanded for the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block litigation over talc products. The group representing the claimants made a motion Tuesday asking for the Third Circuit to consider their case and to send it back an earlier court with instructions to discharge the bankruptcy. Talc linked to testicular cancer. They also requested that the lawsuit against the halted torts of J&J should be permitted to continue.
LTL has filed for Chapter 11 protection once again following its bankruptcy filing that was denied in the Third Circuit earlier this year which offered an $8.9 billion agreement. The committee believes that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, while also halting trials against J&J should be subject to an 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 saying that J&J intends to file a formal response in the appeals court, saying that the filing is a “desperate and legally deficient plan” by a small number of law firms that have different financial interests.
May 1 2023 Update: A common question that people ask is how could plaintiffs and their attorneys turn off $8.9 billion. Of course, it’s an enormous amount of money. There are a lot of victims. Talc linked to testicular cancer. These are an excellent claims for plaintiffs. We have been reminded of this recently by two talc-related trials that resulted in big verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon resulted in a verdict that was $18.1 million. The following month, a second mesothelioma talc case was brought to trial in South Carolina and resulted in a verdict of $29 million on behalf of the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the most prominent manufacturers of talc in U.S.
April 30th 2023 Update: In the year 2023, when J&J first attempted to drag the talcum powder lawsuit into bankruptcy, it did so with an offer to set aside $2 billion to settle the case. The amount was absurdly low. There was no one among the talc victims who supported it. This time around, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and also has the backing of a significant section of the talc victims as well as their lawyers. Talc linked to testicular cancer. However, 75% of plaintiffs in the talc category, which is required to approve bankruptcy plans, it a tough road since there are so many lawyers with huge stocks of baby powder lawsuits opposed towards the agreement.
What is the solution to this impasse? More billions.
April 25, 2023 update: Talc patients have demanded a judge dismiss the Chapter 11 case filed by LTL Management LLC, a absurdly made-up 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 caused cancer. Talc linked to testicular cancer. It was the 3rd Circuit dismissed its first Chapter 11 case in January and said that the company wasn’t eligible for bankruptcy relief since it failed to show financial distress.
The plaintiffs argue that the second Chapter 11 case is an misuse of the bankruptcy system and it’s being pursued in bad good faith. J&J claims the bankruptcy settlement is backed by “significant backing” from companies representing around 60,000 claimants. It is fair to say that plaintiffs’ lawyers and victims are divided over what they believe is an $8.9 billion offer for settlement.
April 21st, 2023 Update: A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits claiming that the company sold baby powder that was contaminated and causing cancer. While trials in the talc lawsuits have been suspended for a minimum of 60 days but new lawsuits can be filed and lawyers can begin preparing their cases. Talc linked to testicular cancer. Judges expressed skepticism about J&J’s absurd attempt to revive its plan with the second bankruptcy case.
April 13th, 2023 update: the most important update is about the $8.9 billion over the next 25 years of settlement. Lawyers representing cancer patients involved in MDL class action MDL collective action vowed to fight the settlement along with those who claim talc. Why? They believe it’s too little money for the more than 70,000 cancer victims. Talc linked to testicular cancer. These lawyers believe that J&J should negotiate a bigger settlement or settle individual claims if the latest bankruptcy is declared unconstitutional.
But there’s a separate group of lawyers that is not part of the leadership in the class action. They have amassed the equivalent of tens of thousands of lawsuits. This group wants to settle today for what is believed to be lower than what the victims should be paid. Their argument seems to be twofold. First, they argue the settlement of around 100 million dollars on average per plaintiff – is fair.
This argument isn’t easy to make. But their second argument has more force: the victims can be no longer patient and demand to get their money right now.
April 12 2023 Update: Many are asking how J&J can file for bankruptcy once more. The answer is complex and confusing. But let’s try to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only means to settle both present and future lawsuits involving talc conclusively. In other words, it thinks it will pay less if there is a bankruptcy element that creates pressure to negotiate a settlement. Talc linked to testicular cancer. In a quest to cover the 400-year span of American history, the firm asserts that bankruptcy benefits all parties as it distributes settlements more equally and effectively than trial courts in which some litigants receive substantial settlements while others get nothing.
The main thrust in this 3rd Circuit decision was this is not a case of a profitable company making an affiliate to accept the legal burden and declare bankruptcy, which is what Congress thought of when drafting its Bankruptcy Code. But it also said the company was financially crisis because J&J offered unlimited financing.
Then J&J jumped on the unlimited funding aspect of the deal but did not pledge to fund unlimited the litigation. The company claims that updated financing arrangements with its subsidiary address appeals court’s concerns, while offering claim payment funds. As if offering victims lower amounts of money would resolve the overall issue.
Lawyers representing cancer victims who oppose the deal counter this with what you conclude is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s earlier decision. The hyperbole wasn’t spared by the victims’ lawyers, who call it the largest “fraudulent deal that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. But it’s a way to push for this $8.9 billion settlement, and to keep the pressure on plaintiffs.
April 10 2023 update: Bloomberg provides an insightful report on a brand new law within New Jersey that is shedding new light on the funding of litigation in the suit for class actions. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) over talc products in exchange for a percentage of any wins. J&J is now offering the payment of $8.9 billion to settle any lawsuits.
The funders’ involvement is made public due to the New Jersey court rule requiring the release of certain details about outside funding backers. The rules aim to tackle the growing demands for the regulation of litigation funders. J&J is facing more than 60,000 claims when you combine state and federal child powder-related lawsuits. Third-party financing in mass tort cases has its pros and cons. However, there is no doubt that we are seeing how third-party funding can level the playing field for individuals and big corporations in the courtroom.
April 4, 2023 Update: It is fun to watch the worm turn in this lawsuit. J&J suffered another setback this week, when it was found that the Third Circuit denied J&J’s request to continue the automatic stay as J&J appeals a bankruptcy ruling before the U.S. Supreme Court. The automatic stay has froze thousands of talcum cases and stopped new lawsuits from being filed ever since J&J initiated the controversial effort to spin the talc liabilities off into a bankrupt company over one year earlier. Talc linked to testicular cancer. After the 3rd Circuit ruled that this bankruptcy was insufficient just a few months ago the stay was lifted. J&J wanted to see it stayed in place until the SCOTUS appeal. But the answer was 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 hear the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay being fully lifted, the first new cases were filed and incorporated 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 which brings the total number of cases pending to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now requesting that authorities from the U.S. Government Accountability Office (GAO) launch an investigation into how much J&J talc products have cost the government in the decades.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc-based products for years while tax dollars were spent treating those injured by exposure to the products. The lawsuit comes just a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc linked to testicular cancer. J&J has to begin making reasonable settlements to victims, in order getting this behind it. It’s a mark on one of the top companies.
February 14 2023 Update: During the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc linked to testicular cancer. 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!