You May be Entitled to Significant Compensation Talc powder 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 would pay $440 million US state AGs. Talc Powder Dangers .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its larger $8.9 billion effort to settle allegations that it’s Baby Powder and other talc-based product causes cancer. Talc powder dangers.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company will pay various types of cancer victims in an arrangement for bankruptcy. Talc powder dangers. J&J has declared that its talc products are safe and do not cause cancer. The company is trying for a second time to resolve more than 38,000 lawsuits in bankruptcy and prevent new cases from being filed in the future.
LTL’s bankruptcy plan will pay $400 million to a separate trust for claims brought from state attorney generals claiming that J&J was in violation of state unfair business practices and consumer protection laws by misinforming consumers about the safety of its talc products.
Some states had started consumer protection measures against J&J prior to LTL’s bankruptcy filing prevented these investigations from progressing in 2021. Talc powder dangers. New Mexico and Mississippi had already filed lawsuits in the past against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas, according to LTL’s court filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy along with cancer sufferers as well as The U.S. Justice Department’s bankruptcy watchdog. They have claimed that a lucrative firm like J&J can’t benefit from bankruptcy protections designed for people with debt problems.
The first attempt by LTL to resolve the bankruptcy cases was dismissed following similar arguments. A U.S. appeals court determined that LTL did not have “financial financial distress” and ineligible under bankruptcy law. Talc powder dangers. LTL made a new bankruptcy application within two hours of the dismissal, saying that its second attempt was different because it was able to borrow less and more backing for a settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s latest bankruptcy violation of the state’s law enforcement authority by trying to unilaterally cap LTL’s liability to state consumer protection actions.
Talc Powder Dangers
The filings of LTL’s latest bankruptcy proceedings also include additional details about the way in which the company will evaluate and settle cancer claims if the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 to those diagnosed with mesothelioma terminal prior to the age of 45, and $260,000 for those diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement provides discounts based on the nature and severity of cancer, an individual’s age, history of usage of talc and other variables. Talc powder dangers. For instance someone who regularly used daily talc products, had an ovarian cancer family history, cancer and was diagnosed with stage II ovarian cancer at age 55 could be in line for a $21,125 payment under the program.
Judge ordains J&J and talc opponents take part in settlement talks.
After another round of hearings in Johnson &Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy for 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.
In its second bankruptcy effort for LTL Management, a subsidiary set up by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Talc powder dangers. While a group of law firms representing plaintiffs agree with the proposal, another group is against the settlement.
This week, the opposition group, known as the Official Committee of Talc Claimants in the bankruptcy court, demanded to disqualify the petition asserting that LTL can not be considered financially distressed.
“The filing is a desperate and legally deficient attempt by a small number of law firms to stop claimants from deciding on the resolution, which that the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Talc powder dangers. “The law firms that are behind these filings have interests in finance that are in conflict with, contradict and oppose the interests of their clients. We’ll soon submit an answer to the appellate court.”
Talc powder dangers. Clay Thompson, a lawyer for MRHFM, which includes more than mesothelioma clients who have filed lawsuits against J&J claimed that J&J’s second bankruptcy effort failed.
“J&J sends out press releases about how wonderful the plan is but simultaneously requesting that details of the plan, such as what individual sick people would actually receive — be kept private,” Thompson said in the statement. “What is J&J’s plan to conceal?”
Kaplan has directed the parties to come up with another strategy for reorganization, under the supervision of two mediators.
As of February 2022 Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that would relieve J&J from the hundreds of thousands of claims related to its talcum-based products.
In January of this year, an appeals court in the United States overturned the ruling, ruling that the company was not able to be considered in “financial trouble.”
After J&J’s make an appeal before the U.S. Supreme Court was dismissed at the end of April J&J filed for its second bankruptcy roughly two hours after. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether or not to accept to file for bankruptcy again.
J&J’s unstoppable profit engine goes out of control after $6.9B the talc litigation cost.
With Two Chapter 11 attempts, J&J has gotten 19 months of which cases were put suspended. Talc powder dangers. J&J wants the claimants to vote on accepting their settlement. J&J requires 75% support for the deal to go through.
In addition to the gang of talc lawyers who panned the bankruptcy of the company in the U.S. Trustee, the U.S. Trustee, an arm that is part of the U.S. Department of Justice is also submitting a motion to dismiss LTL’s second bankruptcy.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest but unfortunate debtors.” These doors “are not accessible to those that do not have a legitimate purpose or that seek to abuse the bankruptcy process to delay or hinder their creditors,” Vara continued.
To its credit, J&J maintains there is no conclusive evidence that its Talc products, which includes the famous baby powder, cause cancer. J&J has taken the products from the market and will first launch them for North America in 2020–and the rest of the world this year.
J&J wants to avoid the expense of going to trial. It has prevailed in the majority of cases that have been decided during trial, however, some losses have been harsh.
A high-profile trial in Missouri led to an $4.7 billion verdict against the drug maker but was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine talc trials that are either in appeal or settled. Out of 41 trials, 32 of them ended in winning for J&J or a mistrial, or plaintiff verdict that was dismissed in appeal. Talc powder dangers. In addition, J&J in 2020 moved to settle around 1000 cases for $100 million, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Powder Dangers
Our lawyers are handling baby powder lawsuits in all 50 states. The lawsuits involving talcum powder for Johnson & Johnson have been ongoing for years. Talc powder dangers. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient found in products such as baby Powder and Shower to Shower which can cause cancer of the ovary in certain women.
This page offers an J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling affects the final settlement amount in the cases of ovarian cancer.
Have you reached the deadline by which you to bring a talcum lawsuit? Many who believe that the deadline has passed to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Powder Dangers
June 2 2023 Update: At the asbestos talc case that took place in California yesterday, a few technical issues disrupted the opening statements made by defense lawyers. Talc powder dangers. Jurors who were watching from home via Zoom however, heard Johnson &Johnson’s lawyer express doubts about the 70s research asserting the presence of asbestos in their product, but the opening was abruptly ended.
In the meantime, the plaintiff could introduce its first expert witness Arthur Langer. Langer said that the presence of other minerals with the talc mineral is a given. He said that his team advised J&J in 1971 of the presence of asbestos chrysotile in the talc produced by the company, although at less than 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update: Talc powder dangers. The first trial since J&J has decided to separate its talc division, and then declare bankrupt marks an important moment in the ongoing talc lawsuit controversy. The trial started yesterday in the poignant case of a young 24-year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma last year. a diagnosis lawyers on both sides acknowledge is a harrowing tragedy.
Opening statements revealed the stark differences in each side’s narrative. The plaintiff’s attorney took aim at Johnson & Johnson, alleging the use of deceitful tactics in research practices and throughout the litigation process. According to the attorney, Johnson & Johnson tried to alter the definition of asbestos in spite of internal documents from the year 1978 and 1994 indicating that fibers discovered in the tissue of the plaintiffs are included.
Johnson & Johnson’s precarious $8.9 billion settlement deal hangs in the balance as we progress of this trial. Despite the particularity of this mesothelioma case and the unique issues it faces compared to most talcum powder lawsuits and a decision in favor of the plaintiff could result in a serious setback to J&J’s hopes of broad acceptance of their settlement proposal among plaintiffs.
May 31st 2023: Update from Johnson & Johnson’s bankrupt talc business strongly defended their Second Chapter 11 filing in the face of challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, it argued that the case differed fundamentally from the prior filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion by J&J as the biggest settlement ever to be made in the history of a mass tort bankruptcy. Talc powder dangers. Not mentioned: how the size of the settlement implies that it is a fair settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms that represent over 600,00 claimants. It is difficult to confirm but is probably incorrect.
May 24 2023 Update: As of Johnson &J Johnson’s bankruptcy filing, the very first trial regarding the cosmetic talc products it claims to that contain asbestos is scheduled to start jury selection Monday in California within the Alameda County Superior Court, which is a well-known court for plaintiffs. The plaintiff asserts that his mesothelioma is the result of asbestos exposure in J&J’s product, an allegation that the company denies. The trial also includes six retailers accused of selling talc products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J talc bankruptcy are now fighting over who should be chosen to fill the post of future claims representative. This is the role is crucially critical to resolving Talc claims. Talc powder dangers. 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 would like Ellis to be appointed to this position in the future, however lawyers representing the plaintiffs in talc are arguing due to the fact that Ellis has conflicts of interest which should stop her from holding that position once more. The dispute stems from possibility that Ellis was apparently involved in the drafting of the highly contested second bankruptcy, which raises questions about her capacity to be neutral. The reality is the bankruptcy will be dismissed in the end.
May 17, 2023 Update: The pretend company that J&J put together to settle the talc litigation bankruptcy informed the New Jersey bankruptcy court that they had allocated $400 million to pay the claims made by states accusing the company of misleading advertising for its talc-based products. Talc powder dangers. So that makes it an $8.5 billion settlement for cancer sufferers. It’s hard to imagine the scenario in which J&J could push these baby powder settlements through with these numbers. While J&J’s proposed $8.5 billion offer might seem like a lot initially, it does not look great after you calculate the figures. The proposed settlement based on our rough calculations would not be able to pay victims more than an average settlement $100,000 per instance. That’s not enough.
May 15, 2023 update: J&J could be facing lawsuit from an advocacy group that represents cancer victims. Talc powder dangers. The group argues that J&J deliberately withdrew a $61.5 billion fund-raising agreement in conjunction with its affiliate, LTL Management LLC, to create the appearance of financial hardship and verify the unit’s Chapter 11 bankruptcy filing. The group claims this decision is a fraud transfer of the rights of compensation for victims. They are planning to study J&J’s actions following of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: The following week next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy petition filed that was filed by J&J subsidiary LTL Management. In the meantime, it has approved an Order requiring both sides to participate in a new settlement mediation to see if an international settlement agreement can be brokered.
May 5th 2023 Update: The talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. Talc powder dangers. Over 2,700 individuals have sued the firm and it has been paying $1 million per month to defend its legal position. The company’s recent $29million verdict at the Supreme Court of South Carolina forced it to seek bankruptcy protection, arguing for equitable distribution of assets between talc claimants rather than being confiscated in the hands of the receiver. Other suppliers of talc have filed for bankruptcy due to lawsuits.
May 4 2023 Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to restart negotiations with lawyers who rejected Johnson & Johnson’s $8.9 billion deal. In Trenton, New Jersey yesterday, the parties gathered in court to discuss next steps in another bankruptcy proceeding. Judge Kaplan was pushing for more settlement discussions.
This is the answer to resolve these claims for J&J. A settlement for baby powder can be completed. Talc powder dangers. However, it will require more money – more billions of dollars – by Johnson & Johnson.
Lawyers are split on whether to accept the proposal and not all clients see this issue the same way their lawyer sees it. Second bankruptcy cases are expected to be a failure as Judge Kaplan has set a date for a hearing in June to determine if she will remove the bankruptcy after the second.
May 3 2023 Update The group of cancer patients who have sued Johnson & Johnson (J&J) asked for the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation regarding talc-related products. The committee representing talc claimants filed a motion on Tuesday, asking to the Third Circuit to consider their case and to send it back to a lower court, with instructions to discharge the bankruptcy. Talc powder dangers. They also asked that the lawsuit against the halted torts of J&J should be permitted to continue.
LTL applied for Chapter 11 protection once again after its first bankruptcy filing was denied in the Third Circuit earlier this year, offering a $8.9 billion settlement. The committee argues that the recent ruling, which allows LTL’s 2nd Chapter 11 to continue, as well as halting the trials against J&J and J&J, requires urgent Third Circuit review. The US Trustee also asked that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation, Erik Haas, was quoted by Bloomberg saying that J&J intends to file a reply in the appeals court, saying that the filing is a “desperate and legally deficient attempt” by a select group of law firms that have conflicts of financial interests.
May 1 2023 Update: One common question that people ask is how plaintiffs and their lawyers turn on $8.9 billion. Of course, that’s quite a sum. But there are plenty of victims. Talc powder dangers. These are actually a good case for plaintiffs. We were reminded of this recently by two talc-related trials that have resulted in huge verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon ended in a verdict of $18.1 million. A month later, another mesothelioma-related talc case went to trials within South Carolina and resulted in a verdict of $29million in favor of plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc., one of the largest manufacturers of talc in U.S.
April 30 2023 Update: J&J first attempted to drag the lawsuit over talcum powder into bankruptcy, it came with an offer to put aside $2 billion for settlements. It was a ridiculously small amount. There was no one among the talc victims who agreed with the offer. This time around, however, J&J has increased the offer to $8.9 if the talc plaintiffs accept a bankruptcy settlement and they have the backing of a significant segment of the talc plaintiffs as well as their lawyers. Talc powder dangers. But 75% of the plaintiffs in the talc category, which is needed for approval of the bankruptcy plan is not an easy task due to the sheer number of lawyers with huge inventory of baby powder lawsuits opposed to the settlement.
What can be done to end the impasse? More billions.
April 25 2023, Update Talc cancer claimants have requested a judge to reject their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Talc powder dangers. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not a candidate for bankruptcy relief since it failed to show financial stress.
The claimants contend 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 asserts that the bankruptcy settlement is backed by “significant backing” from companies representing an estimated 60,000 claimants. It’s safe to say that lawyers representing plaintiffs and victims ‘ lawyers are not united over the $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that the company sold baby powder that was contaminated and causing cancer. While trials in the lawsuits involving talc are delayed for a minimum of 60 days however, new lawsuits may be filed and lawyers will begin preparing their cases. Talc powder dangers. The judge expressed his doubts about J&J’s attempt to relaunch its strategy in a second bankruptcy case.
April 13th 2023: Update on the major announcement is an $8.9 billion over the next 25 years of settlement. Lawyers representing cancer patients within MDL class action MDL collective action vowed to fight the settlement with Talc claimants. Why? They think it is not enough for 70 000 cancer patients. Talc powder dangers. These lawyers believe that J&J should negotiate a bigger settlement or litigate individual claims if the latest bankruptcy is declared unconstitutional.
However, there is a second set of lawyers who are not part of the leadership in this class action. The lawyers collectively have accumulated the equivalent of tens of thousands of lawsuits. The group is seeking to settle today in what many believe to be far less than what these victims deserve. Their argument seems to be twofold. The first is that they claim the settlement, which is about 100 million dollars on average per plaintiff is fair.
It’s a difficult argument to make. But their second argument has more substance: the victims will not afford to wait any longer and need their money now.
April 12 2023 Update: Some people are asking how J&J is able to file for bankruptcy once more. The answer is complicated and complicated. But let’s try to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only method to resolve both current and future talc lawsuits conclusively. In other words, it thinks it will pay less when there is a bankruptcy element that creates pressure to settle. Talc powder dangers. Going back to hundreds of years of American past, the company claims that bankruptcy benefits all parties as it distributes settlements more equally and effectively than trial courts which are where litigants get significant awards while others receive nothing.
The basic tenet of this 3rd Circuit decision was this is not a case – the profit-making company that has an affiliate to accept the legal liability and declare bankruptcy – something Congress considered when it was drafting the Bankruptcy Code. It also clarified the company was financially trouble because J&J promises unlimited funding.
So J&J decided to go with the unlimited funding portion of the contract but did not pledge to provide unlimited funding for the litigation. The company says that its new financing agreements with its subsidiary will address concerns of the appellate court, while offering funds to pay claims. It’s as if giving victims less money would solve the overall issue.
Attorneys representing cancer victims who oppose the deal counter the agreement with what 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 previous ruling. The hyperbole wasn’t spared the lawyers representing victims call it the biggest “fraudulent transfer ever in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe this bankruptcy will be able to last. But it is a way to try and push the $8.9 billion settlement, and to keep the 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 suit for class actions. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) concerning talc products in exchange in exchange for a portion of settlements. J&J is now willing an offer of $8.9 billion to settle all lawsuits.
The involvement of the funders 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 respond to the increasing calls for regulation of the litigation funders. J&J is facing more than 60,000 claims when you take into account state and federal Baby Powder lawsuits. Third-party financing in mass tort cases has its pros and cons. There is no doubt that we are witnessing how third-party funding can level the playing field between individual and big corporations in court.
April 4 2023 Update: It’s enjoyable to see the worm turn in this litigation. J&J suffered another setback this week when the Third Circuit denied J&J’s request to maintain the automatic stay in the meantime that J&J appeals a bankruptcy decision in the U.S. Supreme Court. This automatic stay stopped hundreds of cases involving talcum powder and prevented new lawsuits from arising ever since J&J began the controversial plan to spin the talc liabilities into a bankrupt subsidiary over a year earlier. Talc powder dangers. After the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was removed. J&J wanted to see it continue in the meantime of the SCOTUS appeal. However, 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 now officially lifted, the very first new cases have been filed and transferred into the class action involving talcum powder MDL in over one year. Seven new talc cases were brought into the MDL during the month of March which brings the total number of cases pending to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now requesting that be the U.S. Government Accountability Office (GAO) launch 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.) claimed that J&J of not recognizing the risks of its talc products for decades while tax dollars were used to treat those who were injured through exposure to the products. The demand comes just weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc powder dangers. J&J needs to start making reasonable settlement proposals to victims to begin getting this behind it. It is a stain on one of the world’s greatest companies.
February 14 2023 Update: In an appearance today at the hearing 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 powder 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!