You May be Entitled to Significant Compensation Talc no cancer link. 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 dollars to US state AGs. Talc No Cancer Link .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of a broad $8.9 billion deal to settle claims that its Baby Powder as well as other talc ingredients cause cancer. Talc no cancer link.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company will pay various types of cancer victims in a bankruptcy settlement. Talc no cancer link. J&J has stated that its talc products are safe and won’t cause cancer. J&J is seeking a second time to resolve more than 38,000 lawsuits filed in bankruptcy and prevent new cases from being filed in the near future.
LTL’s bankruptcy plan would pay $400 million to a separate trust for lawsuits filed in state courts by attorneys general alleging that J&J was in violation of states’ unfair practices and consumer protection laws by misinforming consumers about the safety of its talc products.
A number of states had already initiated consumer protection cases against J&J prior to the time that LTL’s bankruptcy filing stopped these investigations from moving forward in 2021. Talc no cancer link. New Mexico and Mississippi had already initiated suits with Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands in LTL’s court papers.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy in a joint move with cancer victims as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. have argued that a profitable company like J&J is not eligible for bankruptcy protections intended for the struggling debtors.
The first attempt by LTL to resolve the bankruptcy lawsuits was rejected after the same arguments, when a U.S. appellate court determined that LTL was not in “financial financial distress” and therefore not eligible for bankruptcy protection. Talc no cancer link. LTL had filed for bankruptcy again within two hours of that dismissal, arguing that its second attempt was different due to the fact that it was able to borrow less and had more support for the settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s bankruptcy renewal violates state law enforcement authorities by seeking to unilaterally limit the liability of the company in state consumer protection actions.
Talc No Cancer Link
LTL’s new filings also included more details on the way in which the company will evaluate and settle cancer claims should the bankruptcy plan be approved.
The maximum amount under the settlement will be $500,000 for patients diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for patients diagnosed with cancer of the ovary before age 45.
The proposed settlement provides discounts based on the type and severity of cancer, the patient’s age, history of talc use and other factors. Talc no cancer link. For instance, a woman who used daily talc products, had the family history of ovarian cancer and was diagnosed the stage 2 ovarian cancer at the age of 55 could be in line for a $21,125 payout under the settlement plan.
Judge ordains J&J, talc opponents to participate in settlement talks.
Following another hearing in Johnson & Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing the move to conduct settlement talks, Bloomberg reports.
With its second bankruptcy bid for LTL Management, a subsidiary created by J&J to manage the claims company made a settlement offer of $8.9 billion. Talc no cancer link. While one firm representing plaintiffs is in favor of the proposal, another group opposes the deal.
Earlier this week, the opposition group, which is known as the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss the case asserting that LTL is not a factor in financial hardship.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to stop claimants from deciding on the resolution plan – a plan that the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Talc no cancer link. “The law firms behind these filings have interests in finance that conflict with, differ from and contravene those of their clients. We’ll be submitting an appeal in the appeals court.”
Talc no cancer link. Clay Thompson, a lawyer for MRHFM who has more than 80 patients with mesothelioma who have filed lawsuits against J&J, said that J&J’s second bankruptcy attempt failed.
“J&J publishes press release describing how fantastic its plan is while simultaneously requesting that details of the plan, such as what the individual sick individuals would receive,” Thompson said in the statement. “What do J&J have to cover up?”
Kaplan has directed the parties to come up with another restructuring plan, with the oversight by two mediators.
On February 20, 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would free J&J from the thousands of lawsuits concerning its talcum products.
In January of this year a federal appeals court ruled against the verdict, ruling that the company could not be considered to be in “financial difficulty.”
When J&J’s attempt to contest the U.S. Supreme Court was rejected in April, J&J filed for its second bankruptcy two hours after. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to approve an additional bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
With two Chapter 11 attempts, J&J has purchased 19 months of which cases were put in limbo. Talc no cancer link. The company is requesting that claimants vote on accepting their settlement. J&J needs 75% of the vote in order for the agreement to be accepted.
In addition to the group of talc lawyers that criticized the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee which is a division belonging to the U.S. Department of Justice was also the one to file motions to dismiss LTL’s second bankruptcy.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest, but naive debtors.” Those doors “are not open to parties who do not have a legitimate bankruptcy purpose or that seek to use the bankruptcy process to delay or hinder their creditors,” Vara continued.
In its own words, J&J maintains there is no proof conclusive that their products containing talc, such as the famous baby powder, can cause cancer. J&J has adopted the products from the market and will first launch them in North America in 2020–and the rest of the world this year.
J&J intends to steer clear of the cost of going to trial. It has prevailed in most of the cases decided in court, however certain losses have been extremely severe.
A highly-publicized trial in Missouri led to a $4.7 billion verdict against the drug company and was later lowered 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 trial cases in talc which are appealing or concluded. In 41 trials 32 have resulted in an outcome for J&J as well as mistrials or plaintiff verdict that was reversed after appeal. Talc no cancer link. The company also in 2020 negotiated to settle nearly 1000 cases at a cost of $100 million, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc No Cancer Link
Our lawyers are handling baby powder lawsuits in all 50 states. The lawsuits involving talcum powder for Johnson & Johnson have been ongoing for many years. Talc no cancer link. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in many products, including Shower to Shower Powder and Shower to Shower, can cause cancer of the ovary in certain women.
This article provides an J&J Talc Power Update and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amounts of these cases of ovarian cancer.
Is the deadline for you to make a claim for talcum powder? Many who assume the time limit has expired to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc No Cancer Link
June 2 2023 Update: At the asbestos talc case which took place in California yesterday, some technical issues halted the opening statements made by defense lawyers. Talc no cancer link. Jurors who were watching at home via Zoom but did not hear Johnson & Johnson’s lawyer voice his skepticism about the 70s science affirming the presence of asbestos in their product, but the session abruptly ended.
In the meantime, the plaintiff had the opportunity to present the first of their witnesses, Arthur Langer. Langer stated that the presence of additional minerals along with the talc’s mineral content is inevitable. He also testified that his team had notified J&J in the year 1971 about the presence of chrysotile asbestos in the talc manufactured by the company, though with lesser than 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update: Talc no cancer link. This is the first court trial that has taken place since J&J has decided to separate its Talc division and declare bankruptcy is an important turning point in the ongoing talc litigation story. The trial started yesterday in the poignant case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma in the past year, an illness that lawyers on both sides of the argument agree is a harrowing tragedy.
Opening statements revealed the sharp differences in the two sides’ narrative. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging the use of misleading methods in their research practices as well as throughout the litigation procedure. According to the attorney, Johnson & Johnson attempted to alter the definition of asbestos despite internal documents from between 1978 and 1994 that showed asbestos fibers in the plaintiff’s tissue are included.
Johnson & Johnson’s uncertain $8.9 billion settlement offer hangs in the balance with the progression of this trial. Despite the unique nature of the mesothelioma trial and its distinctive issues in comparison to other talcum powder lawsuits, a verdict favoring the plaintiff could inflict an enormous setback for J&J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31st 2023: Update from Johnson & Johnson’s bankrupt talc business vigorously defended their second Chapter 11 filing in the opposition of victims of talc injuries. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the filing was vastly different from the prior filing. It emphasized the unprecedented commitment to $8.9 billion by J&J the largest settlement ever in a mass tort bankruptcy case. Talc no cancer link. It was not mentioned how this amount implies that it is an equitable settlement. J&J also claimed support from numerous plaintiffs’ law companies representing over 60,000 claimants. This is not easy to confirm but is probably incorrect.
May 24 2023 Update: Following Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial on the cosmetic talc products it claims to comprised of asbestos is set to start jury selection Monday in California in Alameda County Superior Court, which is a well-known court for plaintiffs. Plaintiff claims that mesothelioma is the result of asbestos exposure in J&J’s product which that the company does not deny. The trial also involves six retailers who are accused of selling talc-containing products.
May 22, 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, a role that is critically essential to the resolution of the talc claims. Talc no cancer link. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the United States was appointed as the claims representative in the initial bankruptcy. J&J’s defense group wants Ellis to be named to the position yet again, but the lawyers for the plaintiffs in talc are arguing on the grounds that Ellis has a conflict of interest that should prevent her from taking on that role again. The conflict stems from the reality that Ellis was believed to have been involved in drafting the controversially disputable second bankruptcy, raising doubts about her capacity to be neutral. The reality is this bankruptcy will likely to be dismissed in the end.
May 17th, 2023 Update: The pretend company that J&J made up to handle the bankruptcy of talc disclosed to a New Jersey bankruptcy court that they had allocated $400 million to settle the claims brought by states accusing the company of deceitful advertising regarding its talc products. Talc no cancer link. So that makes it an $8.5 billion settlement for cancer patients. It is hard to imagine any scenario in which J&J could push the baby powder settlements given these numbers. Although J&J’s $8.5 billion offer may seem like a lot initially, it does not look very appealing when you do the math. The settlement plan based on our estimates – will not be able to pay victims more than an average settlement $100,000 per instance. This isn’t enough.
May 15 2023 Update: J&J could be facing lawsuit from an advocacy group representing cancer patients. Talc no cancer link. The group argues that J&J deliberately retracted the $61.5 billion financing agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group argues that this act could be interpreted as a fraudulent transfer of rights of compensation for victims. They intend to investigate J&J’s actions after the announcement of the denial of LTL’s first bankruptcy case.
May 10 2023 Update: The following week in the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy application of J&J subsidiaries LTL Management. However, in the meantime LTL Management has filed an Order calling for both parties to take part in a new settlement negotiation with the hopes of achieving a global settlement deal can brokered.
May 5, 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer through asbestos exposure. Talc no cancer link. Over 2,700 people have sued the company and it is paying $1 million per month to defend its legal position. The company’s recent $29 million settlement in South Carolina forced it to seek bankruptcy protection, arguing that assets should be distributed in an equitable manner between the claimants of talc instead of being taken over through the receiver. Other talc suppliers have also filed for bankruptcy due to legal proceedings.
May 4 2023, Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen settlement discussions with lawyers who rebuffed the proposed $8.9 billion agreement. It was in Trenton, New Jersey yesterday the parties gathered in court to discuss next steps in their second bankruptcy matter and Judge Kaplan pushed more settlement talks.
This is the best way to resolve the claims of J&J. A baby powder settlement can be made. Talc no cancer link. But it will require more money – billions of dollars of Johnson & Johnson.
Lawyers are split on whether to take the proposal or not and not all clients see the situation the same way their lawyer does. A second bankruptcy proceeding is expected to go nowhere as Judge Kaplan has set a date for a hearing in June to decide if he will close the case for the third time.
May 3, 2023 Update A group of cancer victims who are suing Johnson & Johnson (J&J) requested for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation involving talc products. The group representing claimants for talc filed a motion on Tuesday, asking for the Third Circuit to consider their appeal and return the case an earlier court with instructions to discharge the bankruptcy. Talc no cancer link. They also asked that the stopped tort litigation against J&J should be permitted to proceed.
LTL filed for Chapter 11 protection once again after its first bankruptcy filing was rejected by the Third Circuit earlier this year and offered the possibility of an $8.9 billion payment. The committee believes that the recent ruling allowing LTL’s third Chapter 11 to continue, while also halting trials against J&J is a reason for urgent Third Circuit review. The US Trustee requested an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a reply to the appeals court calling the request an “desperate and legally flawed move” by a few of law firms with different financial interests.
May 1 2023 Update: A question people keep asking is how could plaintiffs and their lawyers turn on $8.9 billion. Of course, it’s quite a sum. There are a lot of victims. Talc no cancer link. And these are really good arguments for plaintiffs. We were reminded of this last week with two talc trials led to huge verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon led to the verdict that was $18.1 million. A month later, another mesothelioma trial involving talc was held for hearing on the other side of South Carolina and resulted in the verdict of $29 million for the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc., one of the most prominent suppliers of talc within the U.S.
April 30th 2023 Update: In the year 2023, when J&J initially tried to take the talcum powder lawsuit into bankruptcy, it came with an offer to reserve $2 billion for settlements. The amount was absurdly low. None of the talc plaintiffs were in favor of it. This time, J&J has increased the offer to $8.9 in the event that the talc victims will allow a bankruptcy settlement and they have the support of a substantial section of the talc victims as well as their lawyers. Talc no cancer link. 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 large inventories of baby powder litigations opposed in favor of the deal.
What is the solution to this impasse? More billions.
April 25 2023, Update Talc plaintiffs have asked a judge to disqualify their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, insisting that the company is not financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc no cancer link. It was the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not a candidate to receive bankruptcy relief because it had not demonstrated financial difficulties.
The claimants argue that LTL’s Second Chapter 11 case is an overreach of the bankruptcy system, and that the case is being handled in bad good faith. J&J states that the bankruptcy settlement is backed by “significant backing” from companies representing an estimated 60,000 claimants. It is fair to say plaintiffs’ lawyers and the victims are split over their disagreement over the $8.9 billion amount of settlement offered.
April 21, 2023 Update: A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. While trials in Talc lawsuits are suspended for at least 60 days but new lawsuits can be filed, and lawyers are able to begin preparing their cases. Talc no cancer link. Judges expressed doubt about J&J’s attempt to revive its strategy with the second bankruptcy case.
April 13, 2023 Update: The biggest news is the $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer patients in MDL class action MDL Class Action have promised to challenge the settlement talc claimants. Why? They feel it’s not enough to pay for 70 000 cancer patients. Talc no cancer link. The lawyers say that J&J could negotiate a greater settlement or pursue individual claims if the most recent bankruptcy is dismissed.
There is a different group of lawyers outside of the leadership of the class action. These lawyers have collectively amassed tens of thousands of cases. The group is seeking to settle in what many believe to be less than the victims deserve. The argument they make is twofold. They argue that the settlement – which amounts to the equivalent of $100,000 per plaintiff is fair.
This argument isn’t easy to argue. However, their second argument has more force: victims should not afford to wait any longer and need their money today.
April 12 2023 Update: Some people are looking for ways J&J could file for bankruptcy again. The answer is complex and complicated. Let’s try to clarify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only option to deal with both present and future talc lawsuits conclusively. Also, it thinks it can get a lower rate when there is a bankruptcy component that applies pressure to settle. Talc no cancer link. In a quest to cover more than 400 years in American history, the company argues that bankruptcy benefits all parties by distributing settlement payments more equitably 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 matter of a profitable company making an entity to assume the legal risk and declare bankruptcy, which is what Congress contemplated when drafting the Bankruptcy Code. But it also said that the entity was in financial distress because J&J promises unlimited funding.
This is why J&J took advantage of the unlimited funding aspect of the contract but did not pledge that it would provide unlimited funds for litigation. The company claims that new financing agreements with its subsidiary addresses the concerns of the appeals court while providing funds for claims. It’s as if giving victims less money will solve the problem at hand.
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 to LTL Management to circumvent the appeals court’s previous decision. Hyperbole was not spared by the victims’ lawyers, who call it the most significant “fraudulent transfer ever in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think that the bankruptcy will endure. However, it’s a means of pushing this $8.9 billion settlement to keep pressure on plaintiffs.
April 10 2023 Update Bloomberg has an interesting report on a brand new law within New Jersey that is shedding new light on the funding of litigation in the class action lawsuit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) over talc products in exchange in exchange for a portion of winnings. J&J has now offered to pay $8.9 billion to settle lawsuits.
The involvement of funders is publicly available because of the New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rules aim to address the rising calls for the regulation of litigation funders. J&J is facing more than 60,000 claims when you combine federal and state infant powder litigation. Third-party funding in mass tort claims has pros and pros and. However, there is no doubt that we are seeing the ways that third-party funding can even the playing field for individuals and big corporations in court.
April 4 2023 Update: It’s enjoyable to see the worm turning in this lawsuit. J&J suffered another setback this week when it was found that the Third Circuit denied J&J’s request to extend the automatic stay during the time that J&J appeals a bankruptcy ruling at the U.S. Supreme Court. The automatic stay has halted hundreds of cases involving talcum powder and prevented new lawsuits from getting filed ever since J&J started the controversial process to spin the talc liability off into a bankrupt company over a year ago. Talc no cancer link. 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 its 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. There is a chance that is that the Supreme Court is willing even to accept the appeal? Low.
March 16 2023 Update: With the bankruptcy stay having been fully lifted, the first new cases were filed and incorporated into the Talcum Powder class action MDL within a year. Seven new talc cases were brought into the MDL in the past month and brought the total number of cases in the pending process up to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now requesting that The U.S. Government Accountability Office (GAO) initiate an investigation to determine how much J&J products containing talc have cost the government over the decades.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of not recognizing the risks of its talc-based products for decades while tax dollars were utilized to treat people injured by exposure to the product. This lawsuit comes a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talc no cancer link. J&J should begin to make reasonable settlement offers to victims to begin in putting this behind. It’s a mark on one of the top firms.
February 14 , 2023 Update: At an appearance today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc no cancer link. 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!