You May be Entitled to Significant Compensation Talc makeup dangers. 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 make payments of $400 million to US state AGs. Talc Makeup Dangers .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of its wider $8.9 billion effort to settle claims that its Baby Powder as well as other talc items cause cancer. Talc makeup dangers.
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 in a bankruptcy settlement. Talc makeup dangers. J&J has declared that its Talc products are safe and don’t cause cancer. J&J is seeking the second time to end more than 38,000 cases in bankruptcy, as well as prevent new lawsuits from being filed in the near future.
LTL’s bankruptcy plans would deposit $400 million to an additional trust to settle claims filed in state courts by attorneys general claiming that J&J violated the state’s unfair commercial practices as well as consumer protection laws, by deceiving consumers regarding the quality of its talc products.
Some states had started consumer protection actions against J&J prior to the first bankruptcy filing stopped these investigations from proceeding in 2021. Talc makeup dangers. New Mexico and Mississippi had already filed actions for damages against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands according to court filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy, joining cancer victims and The U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making business like J&J can’t benefit from bankruptcy protections meant for those struggling with debt.
The company’s initial attempt to resolve the bankruptcy-related lawsuits was dismissed after similar arguments, when a U.S. appeals court determined that LTL was not in “financial trouble” and therefore not eligible under bankruptcy law. Talc makeup dangers. LTL filed a second bankruptcy in just two hours following that dismissal, arguing that its second attempt was different due to the fact that it had less money available and had more support for the settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates state law enforcement powers by attempting unilaterally to cap the company’s liability for state consumer protection measures.
Talc Makeup Dangers
LTL’s filings for the new year also contained more details on how the company would evaluate and pay for cancer claims when the bankruptcy plan is approved.
The highest payments under the settlement will be $500,000 for patients diagnosed with mesothelioma that is terminal before age 45 and $260,000 for those who have been diagnosed with advanced ovarian cancer before age 45.
The proposed settlement provides discounts based on the nature and severity of cancer, the individual’s age, previous using talc and other factors. Talc makeup dangers. For instance an individual who was using talc products on a weekly basis, who had an ancestral history of ovarian cancer, and was diagnosed with the stage 2 ovarian cancer by age 55 could be in line to receive a payout of $21,125 under the program.
Judge ordains J&J and talc opponents take part in settlement talks.
Following another round of hearings in Johnson and Johnson’s efforts to employ 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 talks to reach a settlement, Bloomberg reports.
In its second bankruptcy effort for LTL management, a subsidiary founded by J&J to settle claims – the company made a settlement offer of $8.9 billion. Talc makeup dangers. While one group of law firms representing plaintiffs supports the settlement, a different group is against the settlement.
The previous week, the opposition group, which is known as the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss the case arguing that LTL is not considered to be in financial hardship.
“The filing is an unjust and legally flawed attempt by a few of law firms to stop claimants from voting on the resolution, which the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Talc makeup dangers. “The law firms who filed the filing are pursuing financial interests which are in conflict with, diverge from and contravene those they represent. We will be submitting a response to the appellate court.”
Talc makeup dangers. Clay Thompson, a lawyer for MRHFM that is home to more than mesothelioma patients 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 wonderful the plan is but simultaneously insisting that the details of its plan–including the treatment individuals with illnesses would be treated to,” Thompson said in an email. “What do J&J have to cover up?”
Kaplan has instructed both sides to create a restructuring plan, with the oversight of two mediators.
In February 2022, Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that would free J&J from the tens of thousands of claims concerning its talcum products.
In January of this year, a federal appeals court overturned the verdict, ruling that the business could not be considered to be in “financial difficulty.”
The J&J’s plan to challenge the U.S. Supreme Court was dismissed at the end of April J&J filed for its second bankruptcy about two hours later. In response, Kaplan froze the lawsuits for 60 days to decide whether or not to accept another bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B the talc litigation cost.
In the two Chapter 11 attempts, J&J has gotten 19 months of which cases were put held. Talc makeup dangers. The company is requesting that claimants decide whether they want to accept the settlement. J&J requires 75% acceptance for the deal to go through.
Alongside the group of talc attorneys who have panned the bankruptcy of the company and 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 statement this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest but unfortunate debtors.” Those doors “are not open to parties who do not have a legitimate bankruptcy reason or want to abuse the bankruptcy process to delay or hinder their creditors,” Vara continued.
In its own words, J&J maintains there is no conclusive evidence that its Talc-based products, such as its popular baby powder can cause cancer. J&J has been taking the products of the market first for North America in 2020–and the rest of the world this year.
J&J seeks to avoid the cost of going to court. J&J has won most of the cases that were decided in court, however some losses have been very punishing.
A well-known trial in Missouri led to an $4.7 billion verdict against the drug company that was later reduced to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine talc trials that are either on appeal or have been concluded. Of the 41 trials, 32 have resulted in an outcome for J&J or a mistrial, or verdict for a plaintiff that was dismissed in appeal. Talc makeup dangers. Additionally, the company in 2020 sought to settle over 1000 cases at a cost of $110 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Makeup Dangers
Our lawyers handle the baby powder litigation in all 50 states. The lawsuits involving talcum powder against Johnson & Johnson have been ongoing for many years. Talc makeup dangers. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products such as Shower to Shower Powder or Shower to Shower and Shower to Shower, could cause ovarian cancer in some women.
This page provides the J&J Talc Power Update and discusses how the upcoming bankruptcy ruling will impact the final settlement amount of the Ovarian Cancer lawsuits.
Did the deadline expire for you to bring a talcum lawsuit? Many who believe the time limit has expired to sue Johnson & Johnson are wrong. Call us at 800-553-882 or get a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Makeup Dangers
June 2 2023 Update: During the asbestos talc case at the trial in California yesterday, a few technical issues disrupted the opening speech of defense lawyers. Talc makeup dangers. Jurors from home on Zoom, did hear Johnson and Johnson’s lawyer express doubts about the 70s research that claimed asbestos was present in their product, but the trial was abruptly closed.
In the meantime, the plaintiff had the opportunity to present its first expert witness Arthur Langer. Langer explained that the existence of other minerals alongside talc is expected. He said that his team had notified J&J in 1971 about the presence of chrysotile asbestos in the talc produced by the company, although at just 0.1 percent. He also uncovered more asbestos in 1976.
June 1st, 2023 Update Talc makeup dangers. A trial for the first time since J&J decided to spin off its talc division, and then declare bankrupt marks an important point of the ongoing litigation saga. The trial began on Tuesday in the tragic trial of a young plaintiff who was diagnosed with a rare and aggressive form of mesothelioma last year, which lawyers on both sides acknowledge is a tragedy of a different kind.
Opening statements revealed huge differences between the sides’ story. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging the use of deceitful strategies in its research practices as well as throughout the litigation process. The attorney claims that, according to, the company tried to manipulate the definition of asbestos, despite internal documents from between 1978 and 1994 that showed fibers discovered in the plaintiff’s tissue are included.
Johnson & Johnson’s uncertain $8.9 billion settlement offer hangs in the balance as we course of this trial. Despite the distinct nature of this mesothelioma case and its distinct issues compared to other talcum powder lawsuits A verdict in favor of the plaintiff could be a serious setback to J&J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31, 2023: Update from Johnson and Johnson’s bankrupt talc business strongly defended the 2nd Chapter 11 filing in the face of challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing differed fundamentally from the prior filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion by J&J the largest settlement ever made in the history of a mass tort bankruptcy. Talc makeup dangers. The issue is not discussed: whether this amount indicates that it is a fair settlement. J&J also claimed that it received support from various plaintiffs’ law firms representing over 60,000 claimants. This is not easy to confirm however it is likely to be incorrect.
May 24 2023 Update: As of Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial involving its cosmetic talc items allegedly that contain asbestos is scheduled to begin jury selection on Monday in California at Alameda County Superior Court, which is a well-known location for plaintiffs. The plaintiff claims his mesothelioma is the result of asbestos exposure from J&J’s products, an allegation J&J denies. The trial also includes six retailers accused of selling talc products.
May 22nd, 2023 Update Lawyers involved in the second J&J talc bankruptcy are now fighting over who should be appointed to the position of the future claims representative, an important role essential to the resolution of the talc claims. Talc makeup dangers. Randi Ellis, a lawyer who is frequently involved in MDLs across the country was appointed the claims representative during the first bankruptcy. J&J’s defense attorneys want Ellis to be named to the position and again, but attorneys for the talc plaintiffs have raised objections because Ellis has a conflict of interest which should stop her from assuming that position for the second time. The dispute stems from issue that Ellis was involved in the drafting of the highly disputable second bankruptcy, which raises concerns about her capacity to be neutral. In reality, this bankruptcy will likely to be dismissed in the end.
May 17th, 2023 Update: The pretend company that J&J created for the talc litigation bankruptcy told an New Jersey bankruptcy court that they have set aside $400 million to pay the claims of states that accuse the company of deceitful advertising for its talc product. Talc makeup dangers. That’s an $8.5 billion settlement for cancer sufferers. It’s difficult to envision any scenario in which J&J can push the settlements of baby powder through given these numbers. While J&J’s proposed $8.5 billion offer sounds like a huge sum at first, it does not look very appealing when you look at the numbers. This settlement offer based on our rough calculations – would not pay victims much more than $100,000 per instance. It’s not enough.
May 15th 2023 Update J&J could be facing lawsuit brought by an advocacy group representing cancer patients. Talc makeup dangers. The group claims that J&J deliberately withdrew the $61.5 billion contract for funding together with its parent company, LTL Management LLC, to simulate financial stress and validate the unit’s Chapter 11 bankruptcy filing. The group argues that this act is equivalent to a fraudulent transfer of rights of victims’ compensation. They plan to explore J&J’s actions as a result of the decision to dismiss LTL’s first bankruptcy case.
May 10, 2023 Update: Next week in it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy application of J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime this bankruptcy court has issued an order calling for both parties to take part in a second settlement mediation to see if it will be possible to reach a global settlement agreement reached.
May 5, 2023: Update on Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Talc makeup dangers. Over 2,700 individuals have sued the company, and it was spending $1 million a month to defend its legal position. The company’s recent $29 million settlement that was handed down in South Carolina forced it to file for bankruptcy protection, arguing for an equitable distribution of assets to talc claimants, rather than being confiscated in the hands of the receiver. Other suppliers of talc have filed for bankruptcy due to the litigation.
May 4, 2023 Update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who rebuffed Johnson & Johnson’s $8.9 billion deal. It was in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps for the second bankruptcy case and Judge Kaplan was pushing for more settlement discussions.
This is the way to settle these claims for J&J. A settlement for baby powder can be completed. Talc makeup dangers. But it will require additional money – perhaps billions of dollars from Johnson & Johnson.
Lawyers are divided over whether or not to accept the plan and not every client sees the issue the same way their lawyer sees it. This second case of bankruptcy is expected to go nowhere and Judge Kaplan has scheduled a hearing in June to decide whether to remove the bankruptcy after the second.
May 3, 2023 Update A group of cancer patients suing Johnson & Johnson (J&J) requested to have J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation involving talc products. The group representing claimants for talc has filed a motion this week asking that the Third Circuit to consider their appeal and return the case an earlier court, with instructions to dismiss the bankruptcy. Talc makeup dangers. They also requested that the stopped tort litigation against J&J be allowed to continue.
LTL applied for Chapter 11 protection once again following its bankruptcy filing that was denied by the Third Circuit earlier this year, offering an $8.9 billion settlement. The committee argues that the recent decision allowing LTL’s second Chapter 11 to continue, and also stopping trials against J&J and J&J, requires the immediate Third Circuit review. The US Trustee has also requested 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 intends to file a response in the appeals court saying that the filing is a “desperate and legally flawed effort” by a few of law firms who have conflicting financial interests.
May 1st 2023 Update: One most frequently asked question is how could plaintiffs and their attorneys turn around $8.9 billion. That’s of course quite a sum. There are a lot of victims. Talc makeup dangers. These are an excellent case for plaintiffs. We were reminded of this last week in two talc trials which resulted in big verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon ended in an award of $18.1 million. A month later, another mesothelioma talc case was brought to trial in South Carolina and resulted in an award of $29 million in favor of plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. One of the top manufacturers of talc in U.S.
April 30 2023 Update: When J&J initially attempted to pull the talcum powder lawsuit into bankruptcy, it was met with the option of putting aside $2 billion to settle the case. It was a ridiculously small amount. None of the talc plaintiffs supported the proposal. This time, however, J&J has increased the offer to $8.9 in the event that the talc victims are willing to accept bankruptcy settlements and they have the support of a substantial portion of the talc plaintiffs and their attorneys. Talc makeup dangers. But 75% of the plaintiffs who are a talc, which is required for bankruptcy plan approval, it a tough road since there are so many lawyers with huge inventory of baby powder-related lawsuits, opposed towards the agreement.
What can be done to end the impasse? More billions.
April 25, 2023 Update: Talc plaintiffs have asked a judge to disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, saying the company is not financially strained. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc makeup dangers. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not eligible to receive bankruptcy relief because it had not demonstrated financial difficulties.
The claimants contend that LTL’s third Chapter 11 case is an fraud on the bankruptcy system and it’s being conducted in bad faith. J&J states that the bankruptcy settlement is backed by “significant support” from companies representing about 60,000 potential people who are claiming. It is fair to say that lawyers representing plaintiffs and victims are divided over their disagreement over the $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 offered a baby powder with a contaminant that caused cancer. Even though trials for the lawsuits involving talc are delayed for at least 60 calendar days however, new lawsuits may be filed and lawyers may begin to prepare their cases. Talc makeup dangers. The judge expressed skepticism over J&J’s attempt to revive its strategy by filing a second bankruptcy trial.
April 13 2023 Update: most important update is about the $8.9 billion over 25 years offer for settlement. Lawyers representing cancer patients in the MDL class action have promised to fight the settlement along with Talc claimants. Why? They believe it’s too little money for the 70 000 cancer patients. Talc makeup dangers. These lawyers believe that J&J should negotiate a larger settlement or litigate individuals’ claims if the current bankruptcy is dismissed.
But there’s a separate set of lawyers who are not part of the leadership in group action. They have amassed many thousands of cases. The group is seeking to settle the case now with what they believe is less than the victims deserve. The argument they make is two-fold. The first is that they claim the settlement of around the equivalent of $100,000 per plaintiff is fair.
This argument isn’t easy to make. But their second argument has more force: the victims can no longer wait and want the money immediately.
April 12 2023 Update: People are seeking out how J&J can file for bankruptcy once more. The answer is complex and convoluted. But let’s try to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only method to address both present and future talc-related lawsuits definitively. Also, it believes that it will be less expensive should there be the bankruptcy element which applies pressure for a settlement. Talc makeup dangers. Driving past hundreds of years of American time, the business claims that bankruptcy benefits everyone by dispersing settlements more equally and more efficiently than trial courts which are where litigants get significant payouts, while others are left with nothing.
The basic tenet of this 3rd Circuit decision was this is not a case – one that makes a profit, but an entity to assume the legal burden and declare bankruptcy – something Congress contemplated when drafting the Bankruptcy Code. But it also said that the subsidiary was not in financial crisis due to the fact that J&J offered unlimited financing.
So J&J did not hesitate to take advantage of the funding unlimited part of the deal and did not promise that it would provide unlimited funds for cases. The company claims that its revised financing arrangements with its subsidiary will address concerns of the appellate court, while supplying funds for claim payments. It’s as if giving victims lower amounts of money would resolve the overarching problem.
Lawyers representing cancer victims who are against the agreement argue this by arguing that the plaintiff is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole is not exempt the lawyers representing victims call this the biggest “fraudulent transaction of assets in United States history.”
Despite all 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, and to keep the 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 litigation funding in the Class action suit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) regarding talc products, in exchange for a percentage of any wins. J&J has now offered to pay $8.9 billion to settle any lawsuits.
The involvement of the funders is public knowledge because of a New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. This rule is intended to respond to the increasing calls for regulation of litigation funders. J&J faces over 60,000 claims when you include federal and state Baby Powder lawsuits. Third-party financing in mass tort cases is not without its pros and cons. However, there is no doubt that we are witnessing how third-party financing can help level the playing field between individuals as well as large corporations in the courtroom.
April 4, 2023 Update: It is interesting to watch the worm turn in this lawsuit. J&J was hit again this week, when an appeals court in the Third Circuit denied J&J’s request to extend the automatic stay during the time that J&J appeals an order granting bankruptcy at the U.S. Supreme Court. This automatic stay froze the cases of talcum powder in a number of years and stopped the filing of new lawsuits ever since J&J began the controversial plan to spin the talc liabilities off into a bankrupt subsidiary more than one year earlier. Talc makeup dangers. When it was decided that the 3rd Circuit ruled that this bankruptcy was insufficient some months ago, the stay was revoked. J&J was hoping to have it stayed in place until the SCOTUS appeal. However, 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 likelihood that the Supreme Court is willing even to consider the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay being fully lifted, the first new cases were filed and incorporated into the class action involving talcum powder MDL in over one year. Seven new talc-related lawsuits were brought into the MDL over the last month increasing the number of cases in the pending process up to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now calling for be the U.S. Government Accountability Office (GAO) start an investigation into the cost J&J talc products have cost the government over the decades.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the dangers of its talc-based products for decades while tax dollars were utilized to treat people injured by exposure to the product. The demand comes just weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Talc makeup dangers. J&J has to begin making reasonable settlements for victims in order to put all of this behind it. It is a stain on one of the greatest firms.
February 14 2023 Update: At the hearing held today 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.
You May be Entitled to Significant Compensation Talc makeup dangers. 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!