You May be Entitled to Significant Compensation Talc ovarian cancer update. 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 settlement with talc would be worth the sum of $400 million US state AGs. Talc Ovarian Cancer Update .
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 as well as other talc items cause cancer. Talc ovarian cancer update.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay different types of cancer sufferers in the bankruptcy settlement. Talc ovarian cancer update. J&J has claimed that its Talc products are safe and will not cause cancer. It’s trying for another time to settle more than 38,000 cases in bankruptcy, and to prevent any new cases from arising in the future.
LTL’s bankruptcy plans would deposit $400 million into an additional trust to settle lawsuits filed in state courts by attorneys general claiming that J&J had violated states’ unfair practices as well as consumer protection laws, by deceiving consumers regarding the safety of its talc products.
Several states had begun consumer protection lawsuits against J&J before LTL’s first bankruptcy filing prevented these investigations from progressing in 2021. Talc ovarian cancer update. New Mexico and Mississippi had already brought lawsuits for damages against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas, according to LTL’s court filings.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished as well as cancer patients as well as the U.S. Justice Department’s bankruptcy watchdog. They have claimed that a lucrative company like J&J does not qualify for bankruptcy protections designed for people with debt problems.
LTL’s first attempt at resolving the bankruptcy cases was dismissed after similar arguments, when a U.S. appeals court determined that LTL wasn’t in “financial financial distress” and thus not eligible for bankruptcy protection. Talc ovarian cancer update. LTL had filed for bankruptcy again just over two hours after the decision to dismiss, arguing that the second bankruptcy was different due to the fact that it had less money available and more backing for a settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement authorities by trying to unilaterally cap the liability of the company for state consumer protection laws.
Talc Ovarian Cancer Update
LTL’s recent filings also provided more details on how the company plans to evaluate and pay for cancer claims when the bankruptcy plan is approved.
The largest amount of money under the settlement will be $500,000 for people diagnosed with mesothelioma that is terminal before the age of 45, and $260,000 for people diagnosed with terminal ovarian cancer before age 45.
The proposed settlement offers discounts based on the nature and severity of cancer, the patient’s years of age, their history of usage of talc and other variables. Talc ovarian cancer update. For instance someone who regularly used talc products weekly, had an ovarian cancer family history, cancer and was diagnosed an ovarian cancer stage II at age 55 may be eligible to receive a payout of $21,125 under the program.
Judge ordains J&J and talc oppositionists to discuss settlement negotiations.
Following another hearing in Johnson & Johnson’s attempt to employ a Texas Two Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the firm and the people who opposed the strategy to engage in talks to reach a settlement, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary created by J&J to handle the claims company proposed a settlement of $8.9 billion. Talc ovarian cancer update. While a group of law firms representing plaintiffs supports the proposal, another group opposes the deal.
Earlier this week, the opposition group, known as”The Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss the case by arguing that LTL can not be considered to be in financial trouble.
“The filing is an unjust and legally flawed attempt by a small number of law firms to try to block claimants from voting on the resolution plan – a plan the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Talc ovarian cancer update. “The law firms that are behind these filings have interests in finance that are in conflict with, diverge from, and oppose the interests they represent. We’ll be submitting a response in the appeals court.”
Talc ovarian cancer update. Clay Thompson, a lawyer for MRHFM who includes more than mesothelioma clients who have sued J&J and J&J, has said that J&J’s second bankruptcy effort is likely to fail.
“J&J issue press releases describing how fantastic the plan is but simultaneously insisting that the plan’s details, including what each sick person will receive,” Thompson said in a statement. “What do they have to conceal?”
Kaplan has instructed the sides to devise a second restructuring plan, with the oversight of two mediators.
As of February 2022 Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that will free the company from the hundreds of thousands of claims related to its talcum-based products.
However, in January of this year an appeals court of the federal government overturned the decision, deciding that the firm could not be considered to be in “financial financial distress.”
The J&J’s plan to make an appeal before the U.S. Supreme Court was turned down at the end of April J&J applied for its first bankruptcy about two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to allow the second bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
Through two Chapter 11 attempts, J&J has purchased 19 months of which cases were placed suspended. Talc ovarian cancer update. The company is requesting that claimants decide whether they want to accept the settlement. J&J will require 75% approval for the deal to go through.
In addition to the group of talc lawyers who panned LTL’s bankruptcy plan as well, the U.S. Trustee which is a division of the U.S. Department of Justice was also the one to file an application to dismiss the second bankruptcy case of LTL.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest but unfortunate debtors.” These doors “are not open to parties that don’t have a legitimate bankruptcy purpose or that seek to use the bankruptcy process to hinder or delay their creditors.” Vara continued.
To its credit, J&J maintains there is no conclusive evidence that its talc products, including its famous baby powder, cause cancer. J&J has taken the products of the market–first to be available in North America in 2020–and the remainder of the globe later this year.
J&J wants to avoid the cost of going to trial. It has won the majority of the cases that were decided in court, however some losses have been very punitive.
A high-profile trial in Missouri produced a $4.7 billion verdict against the drugmaker that was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial involving talc that are being appealed or concluded. Of the 41 trials, 32 of them ended in winning for J&J or a mistrial, or plaintiff verdict that was annulled on appeal. Talc ovarian cancer update. Separately, the company in 2020 moved to settle around 1000 cases at a cost of the sum of $100 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Ovarian Cancer Update
Our lawyers handle baby powder cases in all 50 states. The talcum powder lawsuits against Johnson & Johnson have been in the process for several years. Talc ovarian cancer update. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in products like baby Powder along with Shower to Shower and Shower to Shower, could cause ovarian cancer among some women.
This page gives the J&J update on the talc power litigation and discusses how the upcoming bankruptcy ruling will impact the final settlement amounts of these cases of ovarian cancer.
Has the deadline passed for you to bring a talcum lawsuit? Many who believe the statute of limitations has run out to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Ovarian Cancer Update
June 2 2023 Update: At the trial for asbestos-containing talc that took place in California yesterday, a couple of technical issues interrupted the opening speech of defense lawyers. Talc ovarian cancer update. Jurors from their homes via Zoom but did not hear Johnson & Johnson’s lawyer voice his skepticism about the 70s science that claimed asbestos was present in their product, but the opening was abruptly ended.
In the meantime, the plaintiff was able to introduce an initial witness Arthur Langer. Langer said that the presence of other minerals with the talc’s mineral content is inevitable. He also testified 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. He also found more asbestos in the year 1976.
June 1st, 2023 Update Talc ovarian cancer update. This is the first court trial that has taken place since J&J took the decision to disband its talc segment and file for bankruptcy marks an important point for the ongoing litigation story. The trial began on Tuesday in the tragic case of a young 24 year-old plaintiff, diagnosed with a rare and aggressive form of mesothelioma last year, a diagnosis lawyers on both sides acknowledge is a tragedy of a different kind.
Opening statements revealed stark differences in each side’s narrative. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging the use of misleading strategies in its research practices as well as throughout the litigation procedure. According to the attorney the company tried to manipulate asbestos’ definition, in spite of internal documents from 1998 and 1994 that show fibers discovered in the tissue of the plaintiff are included.
Johnson & Johnson’s precarious $8.9 billion settlement is hanging in the balance with the progression of this trial. Despite the particularity of the mesothelioma trial and the unique issues it faces compared to most talcum powder lawsuits A verdict in favor of the plaintiff could be an unintended setback to Johnson & J’s hope of gaining broad acceptance for their proposed settlement among plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupted talc unit has is defending its two-time Chapter 11 filing in the facing challenges from injured talc claimants. In an appeal to the New Jersey bankruptcy court, it argued that the situation was distinct from the earlier filing. It highlighted the extraordinary commitment to $8.9 billion in settlement from J&J as the largest settlement ever made in a mass tort bankruptcy case. Talc ovarian cancer update. There was no mention of how the magnitude of the settlement means it is a fair settlement. J&J also claimed that it received support from a variety of plaintiffs’ law companies representing over the 60,000 plaintiffs. 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 first trial regarding the cosmetic talc products it claims to with asbestos content is scheduled to commence jury selection on Monday, May 24, California in Alameda County Superior Court, a historically good place for plaintiffs. The plaintiff asserts that his mesothelioma was caused by asbestos exposure in J&J’s product which J&J does not deny. The trial also involves six retailers who are accused of selling talc-containing products.
May 22, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are now battling over who should be appointed to the post of future claims representative, an important role essential to the resolution of the Talc claims. Talc ovarian cancer update. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation, was appointed as the claims representative during the first bankruptcy. J&J’s defense team wants Ellis to be named to the position in the future, however lawyers representing the talc plaintiffs have raised objections due to the fact that Ellis has an interest conflict which should stop her from assuming that position once more. The issue stems from the possibility that Ellis was reportedly involved in drafting the hotly contesting second bankruptcy, which raises concerns about her capacity to be neutral. However, the reality is that this bankruptcy will likely to be dismissed regardless.
May 17, 2023 Update: The fake company J&J formed to handle the bankruptcy of talc informed a New Jersey bankruptcy court that they have designated $400 million to settle the allegations made by states who accuse the company of deceitful advertising for its talc product. Talc ovarian cancer update. That’s an $8.5 billion settlement for cancer victims. It is hard to imagine any scenario in which J&J will be able to push the baby powder settlements given these numbers. While J&J’s $8.5 billion offer may seem like a lot initially, it will not appear appealing when you look at the numbers. The proposed settlement based on our rough calculations would not provide victims with much more than $100,000 per case. That’s not enough.
May 15th, 2023 Update J&J might be facing lawsuit from an advocacy group that represents cancer victims. Talc ovarian cancer update. The group claims that J&J deliberately withdrew a $61.5 billion financing agreement that it had with its company subsidiary LTL Management LLC, to create the appearance of financial hardship and confirm the unit’s Chapter 11 bankruptcy filing. The group argues that this act amounts to a fraudulent transfer of rights of victims’ compensation. They will investigate J&J’s actions following of the denial of LTL’s first bankruptcy case.
May 10 2023 Update: The following week in this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy application from J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime, it has approved an order which requires both sides to participate in a new settlement negotiation to see if the global settlement can be brokered.
May 5th, 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Talc ovarian cancer update. Over 2,700 people have sued the company and it has been paying $1 million per month to defend itself. The company’s latest $29 million verdict in South Carolina forced it to file for bankruptcy protection, arguing for an equitable distribution of assets to talc claimants, rather than being taken in the hands of the receiver. Other talc suppliers have also filed for bankruptcy due to the litigation.
May 4 2023 Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to reopen negotiations with lawyers who rebuffed the proposed $8.9 billion offer for settlement. It was in Trenton, New Jersey yesterday, the parties appeared in court to discuss the next steps for the second bankruptcy case and Judge Kaplan was pushing for more settlement discussions.
This is the best way to settle these claims with J&J. A settlement for baby powder can be completed. Talc ovarian cancer update. However, it will require more money – more billions of dollars by Johnson & Johnson.
Lawyers are split on whether or not to accept the plan and not every client sees the situation the same way their lawyer does. The second bankruptcy case is destined to fail as Judge Kaplan has scheduled a hearing for June to determine whether to dismiss the bankruptcy for the second time.
May 3 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) demanded that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation over talc products. The committee representing talc claimants made a motion Tuesday, asking that the Third Circuit to consider their appeal and return the case to a lower court, with instructions for dismissing the bankruptcy. Talc ovarian cancer update. The committee also requested that the halted tort litigation against J&J be allowed to proceed.
LTL requested Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected in the Third Circuit earlier this year which offered the possibility of an $8.9 billion agreement. The committee argues that the recent decision allowing LTL’s 2nd Chapter 11 to continue, while also halting trials against J&J and J&J, requires urgent Third Circuit review. The US Trustee has also requested an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation, Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a formal response to the appeals court declaring the filing an “desperate and legally insufficient plan” by a handful of law firms that have competing financial interests.
May 1 2023 Update: One most frequently asked question is how could the plaintiffs’ lawyers and their clients turn around $8.9 billion. That’s of course a lot of money. There are a lot of victims. Talc ovarian cancer update. These are an excellent arguments for plaintiffs. We were reminded recently when two talc cases led to huge verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon led to an award that was $18.1 million. A month later, another talc mesothelioma case went to trial in South Carolina and resulted in an award of $29 million for the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. which is one of the top producers of talc in the U.S.
April 30th 2023 Update: When J&J initially attempted to pull the talcum powder litigation into bankruptcy, it did so with an offer to put aside $2 billion to settle the case. The amount was absurdly low. There was no one among the talc victims who believed in the offer. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they accept a bankruptcy settlement and also has the backing of a significant portion of the talc plaintiffs as well as their lawyers. Talc ovarian cancer update. But 75% of the plaintiffs of talc are needed for approval of the bankruptcy plan is not an easy task with so many lawyers with vast inventory of baby powder litigations opposed against the proposed settlement.
What are the solutions to the impasse? More billions.
April 25, 2023 update: Talc plaintiffs have requested a judge to disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, insisting that the company is not financially troubled. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talc ovarian cancer update. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not a candidate for bankruptcy relief since it had not demonstrated financial trouble.
The plaintiffs argue that the 2nd Chapter 11 case is an fraud on the bankruptcy system, and that it’s being pursued in bad faith. J&J states that the bankruptcy settlement receives “significant backing” from firms representing about 60,000 potential claimants. It’s fair to say plaintiffs’ lawyers and victims are divided over the $8.9 billion offer for settlement.
April 21, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. While trials in the talc lawsuits have been suspended for at least 60 days, new lawsuits can be filed, and lawyers can begin preparing their cases. Talc ovarian cancer update. Judges expressed doubt about J&J’s attempt to relaunch its strategy in the second bankruptcy case.
April 13th 2023 Update: The biggest update is about the $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer victims in MDL class action MDL class action have promised to fight the settlement along with the talc claimants. Why? They believe it’s too little money for the 70,000 victims who have cancer. Talc ovarian cancer update. These lawyers believe that J&J could negotiate a greater settlement or litigate individual claims if the latest bankruptcy is dismissed.
But there is another group of lawyers that is not part of the leadership of group action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. They want to settle the case now with what they believe is less than these victims deserve. Their argument appears to be two-fold. First, they argue the settlement, which is about 100 million dollars on average per plaintiff is fair.
It’s a difficult argument to argue. The second argument is more substance: the victims will now not wait and they want their money now.
April 12 2023 Update: People are looking for ways J&J is able to file for bankruptcy once more. The answer is complex and confusing. However, let’s attempt to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only means to deal with both present and future talc lawsuits conclusively. Also, it thinks it will pay less when there is a bankruptcy element that creates pressure to negotiate a settlement. Talc ovarian cancer update. Going back to the 400-year span of American history, the firm claims that bankruptcy benefits everyone by dispersing settlements more fairly and effectively than trial courts where some litigants receive significant payouts, while others are left with nothing.
The main thrust in this 3rd Circuit decision was this is not a matter of the profit-making company that has subsidiaries to meet the legal risk and declare bankruptcy Congress had in mind when it came to drafting the Bankruptcy Code. But it also said the company was financially crisis because J&J assured it of unlimited funding.
So J&J decided to go with the funding unlimited part of the agreement and didn’t promise to provide unlimited funding for the litigation. The company claims that its new financing agreements with its subsidiary address the concerns of the appeals court while supplying funds for claim payments. As if providing victims with less money will solve the overarching problem.
Attorneys representing cancer patients who oppose the agreement counter this argument by saying that it is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s ruling. Hyperbole is not exempt attorneys representing the victims claim it the largest “fraudulent deal ever in United States history.”
Despite the legal jargon, J&J does not really believe that this bankruptcy will last. However, it’s a means of trying to push this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10, 2023 Update Bloomberg offers an informative piece on a law that has been passed that has been passed in New Jersey that is shedding new light on litigation funding in the suit for class actions. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any profits. J&J has now offered an offer of $8.9 billion to settle all lawsuits.
The funders’ involvement is public knowledge due to an New Jersey court rule requiring the disclosure of certain information about outside funding backers. The law is designed to tackle the growing demands for regulation of the litigation funders. J&J faces over 60,000 claims when you combine federal and state baby powder lawsuits. Third-party funding in mass tort claims has both pros and pros and. There is no doubt that we are witnessing how third-party funding could level the playing field between individuals and big companies in the courtroom.
April 4 2023 Update: It’s enjoyable to see the worm turn in this case. J&J was hit again this week when the Third Circuit denied J&J’s request to maintain the automatic stay as J&J appeals a bankruptcy ruling to the U.S. Supreme Court. It has frozen thousands of talcum cases and stopped any new lawsuits from being filed ever since J&J started the controversial process to spin the talc debts off into a bankrupt subsidiary over a year in the past. Talc ovarian cancer update. When the 3rd Circuit ruled that this bankruptcy was invalid some months ago, the stay was revoked. J&J was hoping to have it remain in effect until its SCOTUS appeal. But the answer was no.
April 1st, 2023 Update Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The likelihood that for the Supreme Court is willing even to hear the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay being officially lifted, the first new cases have been filed and transferred into the talcum powder class action MDL within a year. Seven new talc lawsuits have been included in the MDL over the last 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 has now demanded that be the U.S. Government Accountability Office (GAO) launch an investigation into the cost J&J talc products have cost the government over the years.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the dangers of its talc products for decades while tax dollars were spent treating those injured by exposure to the products. The suit comes just a few days following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talc ovarian cancer update. J&J has to begin making reasonable settlement offers to victims to the process of putting all this behind. This is a blemish on one of the most prestigious companies.
February 14 2023 Update: At the hearing held 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 ovarian cancer update. 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!