You May be Entitled to Significant Compensation Talc safe for skin. 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 pay the sum of $400 million US state AGs. Talc Safe For Skin .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of a wider $8.9 billion effort to settle allegations that it’s Baby Powder and other talc ingredients cause cancer. Talc safe for skin.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company plans to pay different kinds of cancer victims as part of a bankruptcy settlement. Talc safe for skin. J&J has stated that its talc products are safe and will not cause cancer. It is attempting for an additional time to conclude more than 38,000 cases in bankruptcy, and to prevent any new cases from arising in the future.
The bankruptcy plan of LTL would pay $400 million to a separate trust for claims brought in state courts by attorneys general claiming that J&J violated states’ unfair practices and consumer protection laws, by deceiving consumers regarding the dangers of its talc products.
Several states had begun consumer protection lawsuits against J&J prior to the time that LTL’s bankruptcy filing prevented these investigations from taking place in 2021. Talc safe for skin. New Mexico and Mississippi had already brought lawsuits against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands in LTL’s court documents.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy, joining cancer victims and their counterparts from the U.S. Justice Department’s bankruptcy watchdog. have argued that a successful company like J&J does not qualify for bankruptcy protections aimed at those struggling with debt.
LTL’s first attempt at resolving the bankruptcy lawsuits was rejected after the same arguments. In the end, a U.S. appeals court decided that LTL was not in “financial distress” and thus not eligible under bankruptcy law. Talc safe for skin. LTL declared bankruptcy a second time in just two hours following the dismissal, saying that the second bankruptcy was different due to the fact that there was less money available and had a greater chance of securing the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss LTL’s renewed bankruptcy violates the law enforcement powers of the state by trying to unilaterally cap the company’s liability for state consumer protection laws.
Talc Safe For Skin
LTL’s recent filings also provided additional details about how the company would assess and pay for cancer claims when the bankruptcy plan is approved.
The most significant payments under the settlement would be $500,000 to those diagnosed with terminal mesothelioma before age 45, and $260,000 for patients diagnosed with advanced ovarian cancer before age 45.
The proposed settlement applies discounts depending on the kind and severity of cancer, the patient’s age, the history of using talc and other factors. Talc safe for skin. For example someone who regularly used the talc product on a regular basis, had an ovarian cancer family history, cancer and was diagnosed an ovarian cancer stage II by age 55 could be in line for a $21,125 payment according to the plan.
Judge orders J&J, talc opponents to discuss settlement negotiations.
Following 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 opposed to the move to conduct settlement talks, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL management, a subsidiary founded by J&J to settle claims – the company offered a settlement amounting to $8.9 billion. Talc safe for skin. While one firm representing plaintiffs is in favor of the deal, another group opposes the deal.
Earlier this week, the opposition group, called the Official Committee of Talc Claimants and urging the bankruptcy court to disqualify the petition argument that LTL can not be considered in financial distress.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to try to stop claimants from deciding on the resolution plan–a plan that the overwhelming majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Talc safe for skin. “The law firms who filed these filings have interests in finance that are in conflict with, differ from and are in opposition to the interests which their clientele. We’ll be submitting an appeal to the appellate court.”
Talc safe for skin. Clay Thompson, a lawyer for MRHFM which has more than 80 mesothelioma clients who have sued J&J claimed that the second bankruptcy attempt of J&J is likely to fail.
“J&J sends out press releases about how great its plan is, while demanding that plan details–including what individuals with illnesses would receive–be kept secret,” Thompson said in the statement. “What do they have to cover up?”
Kaplan has commanded the parties to come up with another strategy for reorganization, under the supervision from two mediators.
As of February 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would release the company from the thousands of lawsuits over its talcum products.
However, 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 distress.”
In the event that J&J’s request to make an appeal before the U.S. Supreme Court was dismissed on April 1, J&J was granted a second petition for bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow the second bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B cost of litigation involving talc.
With two Chapter 11 attempts, J&J has gotten 19 months of which cases were put in limbo. Talc safe for skin. The company wants claimants to decide whether they want to accept the settlement. J&J will require 75% support for the settlement to be approved.
In addition to the gang of talc lawyers that criticized LTL’s bankruptcy plan in the U.S. Trustee, the U.S. Trustee, a branch of the U.S. Department of Justice, also filed a motion to dismiss the second bankruptcy case of LTL.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest, but naive debtors.” The doors “are not accessible to those that don’t have a legitimate bankruptcy objective or seek to use bankruptcy to delay or hinder their creditors.” Vara continued.
In its own words, J&J maintains there is no conclusive evidence that its talc products, including its popular baby powder cause cancer. J&J has adopted the products of the market, first in North America in 2020–and the rest of the world this year.
J&J wants to avoid the expense of going to court. It has prevailed in the majority of cases decided in court, however certain losses have been extremely harsh.
A high-profile trial in Missouri led to a $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 trial involving talc that are being appealed or concluded. Out of 41 trials, 32 have resulted in a win by J&J either through a mistrial or plaintiff verdicts that were overturned in appeal. Talc safe for skin. 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 Safe For Skin
Our lawyers are handling baby powder lawsuits in every state. The lawsuits involving talcum powder against Johnson & Johnson have been ongoing for years. Talc safe for skin. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient found in products such as the Baby Powder along with Shower to Shower and Shower to Shower, could cause ovarian cancer among some women.
This page offers an J&J talc power litigation update and discusses how the upcoming bankruptcy ruling will impact the final settlement amounts of the Ovarian Cancer lawsuits.
Has the deadline passed for you to bring a talcum lawsuit? Many who believe the statute of limitations has passed to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or get a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Safe For Skin
June 2 2023 Update: At the asbestos talc trial that took place in California yesterday, some technical issues interrupted the opening statements made by defense lawyers. Talc safe for skin. The jurors, attending at home via Zoom and hearing the Johnson & Johnson’s lawyer voice his doubt about the 70s research claiming asbestos was present in their product before the trial was abruptly closed.
The plaintiff was able to introduce their first witness, Arthur Langer. Langer said that the presence of other minerals alongside talc is expected. He also testified that his team advised J&J in 1971 about the presence of chrysotile asbestos in the company’s talc, albeit at just 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update Talc safe for skin. A trial for the first time since J&J took the decision to disband its Talc division, and then declare bankrupt marks an important moment within the ongoing litigation controversy. The trial started yesterday in the harrowing trial of a young plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma in the past year, which both sides believe is a tragedy of a different kind.
Opening statements revealed stark differences in each side’s narrative. The attorney representing the plaintiff aimed his ire against Johnson & Johnson, alleging the use of deceitful strategies in its research practices as well as throughout the litigation procedure. As per the lawyer the company attempted to manipulate asbestos’ definition, despite internal documents from between 1978 and 1994 that showed asbestos fibers that were found in the tissues of the plaintiff are part of.
Johnson & Johnson’s precarious $8.9 billion settlement deal hangs in the balance with the progress of this trial. Despite the distinctive nature 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 the company with a major setback in its hopes of broad acceptance of their proposed settlement among plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupt talc division is defending the Second Chapter 11 filing in the in the face of challenges from talc injury claimants. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the filing was vastly different from the earlier filing. It highlighted the extraordinary commitment of $8.9 billion in settlement from J&J as the biggest settlement ever to be made in an bankruptcy case involving mass torts. Talc safe for skin. Not mentioned: how the magnitude of the settlement means it is an equitable settlement. J&J also claimed support from numerous plaintiffs’ law firms representing more than 60,000 claimants. It is difficult to confirm but likely incorrect.
May 24 2023 Update: In the wake of Johnson & Johnson’s 2021 bankruptcy filing, the very first trial concerning the cosmetic talc products it claims to containing asbestos is set to start jury selection on Monday, California within the Alameda County Superior Court, a historically good place for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure from J&J’s products, an allegation that the company denies. The trial also includes six retailers accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are in a dispute over who should be chosen to fill the position of the claims representative in the future, a role that is critically critical to resolving claims involving talc. Talc safe for skin. Randi Ellis, a lawyer who is frequently involved in MDLs across the country, was appointed as the claims representative in the first bankruptcy. J&J’s defense group wants Ellis to be appointed to this position and again, but attorneys for the talc plaintiffs are protesting due to the fact that Ellis has a conflict of interest that should prevent her from taking on that role in the future. The conflict stems from the issue that Ellis was believed to have been involved in the drafting of the highly disputable second bankruptcy, which raises concerns about her capability to remain neutral. In reality, the bankruptcy will be tossed out anyway.
May 17, 2023 Update: The pretend company that J&J put together for the talc bankruptcy has informed the New Jersey bankruptcy court that they have designated $400 million to pay the claims of states that accuse the company of misleading advertising for its talc-based products. Talc safe for skin. So that makes it an $8.5 billion settlement for cancer sufferers. It’s hard to imagine any 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 of money initially, it may not appear appealing after you calculate the figures. The settlement plan based on our rough calculations – would not offer victims anything more than a median settlement of $100,000 per case. It’s not enough.
May 15th 2023 Update J&J could be facing suit from an advocacy group that represents cancer patients. Talc safe for skin. The group claims that J&J intentionally withdrew a $61.5 billion fund-raising agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action could be interpreted as a fraudulent transfer of the rights of compensation for victims. They are planning to study J&J’s actions after the announcement of the decision to dismiss the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: The following week this week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to reject the second bankruptcy filing that was filed by J&J subsidiaries LTL Management. However, in the meantime, it has approved an Order requiring both sides to participate in a settlement mediation to see if the global settlement can be brokered.
May 5th 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Talc safe for skin. Over 2,700 individuals have sued the firm and it has been spending $1 million a month on legal defense. The company’s recent $29 million verdict that was handed down in South Carolina forced it to file for bankruptcy protection, arguing for an equitable distribution of assets among talc claimants instead of being taken in the hands of the receiver. Other talc suppliers have also declared bankruptcy because of legal proceedings.
May 4, 2023 Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch settlement discussions with lawyers who have rejected Johnson & Johnson’s $8.9 billion settlement offer. It was in Trenton, New Jersey yesterday, the parties appeared in court to discuss the next steps in another bankruptcy proceeding and Judge Kaplan was pushing for more settlement discussions.
This is the best way to settle these claims for J&J. A settlement for baby powder can be made. Talc safe for skin. But it will require additional money – perhaps billions of dollars from Johnson & Johnson.
Lawyers are divided on whether or not to agree with the proposal and not all clients see the issue the same way their lawyer views it. Second bankruptcy cases are expected to fail, and Judge Kaplan has scheduled a hearing for June to decide if he will remove the bankruptcy after the second.
May 3, 2023 Update: A group of cancer victims suing Johnson & Johnson (J&J) requested for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation surrounding talc-based products. The group representing the claimants filed a motion on Tuesday asking the Third Circuit to consider their case and send it back an earlier court with instructions to discharge the bankruptcy. Talc safe for skin. The committee also requested that the halted tort litigation against J&J should be permitted to continue.
LTL has filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected by the Third Circuit earlier this year with the possibility of an $8.9 billion deal. The committee believes that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, as well as halting the trials against J&J, warrants urgent Third Circuit review. The US Trustee requested the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a formal response in the appeals court, declaring the filing an “desperate and legally inadequate plan” by a small number of law firms with different financial interests.
May 1, 2023 Update: One most frequently asked question is how could the plaintiffs’ lawyers and their clients turn down $8.9 billion. That’s of course a lot of money. However, there are lots of victims. Talc safe for skin. These are actually a good cases for plaintiffs. We were reminded of this last week by two talc-related trials that led to huge verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon was settled with a verdict that was $18.1 million. The following month, a second talc mesothelioma case went to hearing within South Carolina and resulted in an award of $29 million to the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. one of the largest manufacturers of talc in U.S.
April 30th 2023 Update: In the year 2023, when J&J initially tried to take the lawsuit over talcum powder into bankruptcy, they came with an offer to put aside $2 billion for settlements. The amount was absurdly low. None of the talc plaintiffs believed in the offer. However, this time, J&J has increased the offer to $8.9 If the talc plaintiffs are willing to accept bankruptcy settlements and also has the backing of a significant portion of the talc plaintiffs as well as their lawyers. Talc safe for skin. But with 75% of plaintiffs in the talc category, which is needed for approval of the bankruptcy plan is a difficult road because of the number of lawyers who have vast collections of baby powder litigations opposed to the settlement.
What could solve the impasse? More billions.
April 25 2023 Update: Talc plaintiffs have sought a court order to reject 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 cause cancer. Talc safe for skin. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not eligible for bankruptcy relief as it had not demonstrated financial stress.
The claimants contend that LTL’s 2nd Chapter 11 case is an fraud on the bankruptcy system and it’s being pursued in bad good faith. J&J states that the bankruptcy settlement receives “significant support” from the firms that represent an estimated 60,000 people who are claiming. It’s fair to say that the plaintiffs’ attorneys and victims are divided over this $8.9 billion offer for settlement.
April 21, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that it sold tainted baby powder causing cancer. While trials in talc lawsuits are paused for at least 60 days and new lawsuits are able to be filed and lawyers will begin preparing their cases. Talc safe for skin. The judge expressed skepticism over J&J’s absurd attempt to relaunch its strategy in the second bankruptcy case.
April 13th 2023: Update on the major news is the $8.9 billion over the next 25 years settlement offer. Lawyers representing cancer victims involved in the MDL Class Action have vowed to fight the settlement alongside talc claimants. Why? They believe it’s not enough to pay for more than 70,000 cancer victims. Talc safe for skin. They argue that J&J should seek a bigger settlement or even litigate individuals’ claims if the current bankruptcy is thrown out.
But there is another group of lawyers outside of the leadership of that class action. They have amassed tens of thousands of cases. This group wants to settle now for what many argue is less than these victims deserve. Their argument seems to be two-fold. They argue that the settlement, which is about 100,000 dollars per plaintiff is fair.
It’s a difficult argument to present. The second argument is more substance: the victims will be no longer patient and demand to get their money right now.
April 12, 2023 Update: People are looking for ways J&J can go through bankruptcy again. The answer is complicated and confusing. Let’s try to simplify it clearly.
Johnson & Johnson asserts that bankruptcy is the only option to resolve both current and future talc lawsuits conclusively. It thinks it will pay less in the event of a bankruptcy element that creates pressure to settle. Talc safe for skin. Going back to hundreds of years of American history, the firm claims that bankruptcy benefits all parties as it distributes settlement payments more equitably and effectively than trial courts, which are where litigants get significant award while others do not.
The basic tenet of the 3rd Circuit decision was this isn’t a case that involves an enterprise that is profitable, forming an affiliate to accept the legal responsibility and declare bankruptcy – Congress thought of when drafting its Bankruptcy Code. However, it also stated that the subsidiary was not financially trouble due to the fact that J&J offered unlimited financing.
This is why J&J decided to go with the funding unlimited part of the deal and didn’t make any promises to fund unlimited lawsuits. The company claims that modified financing arrangements with its subsidiary address the appeals court’s concerns while still offering claim payment funds. In the hope that offering victims lower amounts of money would resolve 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 in assets to LTL Management to circumvent the appeals court’s ruling. Hyperbole is not exempt the lawyers representing victims call it the biggest “fraudulent transaction that has occurred in United States history.”
In spite of the legal jargon, J&J does not really believe that this bankruptcy will last. But it’s a way to try and push the $8.9 billion settlement to keep the pressure on plaintiffs.
April 10 2023 Update: Bloomberg is running an intriguing piece on a law that has been passed of 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 in the case of Johnson & Johnson (J&J) regarding talc products, in exchange in exchange for a portion of winnings. J&J is now offering that it will pay $8.9 billion to settle all lawsuits.
The involvement of funders is public information due to the New Jersey court rule requiring the release of certain details about funders outside the state. The rules aim to address the growing calls for regulation of litigation funders. J&J has more than 60,000 claims when you include state and federal Baby Powder lawsuits. Third-party financing in mass tort cases has both pros and cons. There is no doubt that we are seeing how third-party funding can level the playing field between people and big corporations in court.
April 4 2023 Update: It is pleasing to see the worm turn in this lawsuit. J&J suffered another setback this week when they were denied by the Third Circuit denied J&J’s request to continue the automatic stay while J&J appeals a bankruptcy decision to the U.S. Supreme Court. This automatic stay halted the cases of talcum powder in a number of years and stopped any the filing of new lawsuits ever since J&J began the controversial plan to spin the talc debts off into a bankrupt subsidiary more than a year back. Talc safe for skin. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid just a few months ago the stay was lifted. J&J had hoped to have it continue in the meantime of an appeal to the SCOTUS appeal. But the answer was no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The odds that for the Supreme Court is willing even to accept the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay being in effect, the first new cases were filed and incorporated into the Talcum Powder class action MDL in over one year. Seven new talc lawsuits were brought into the MDL in the last month and brought the total number of pending cases up to 37,522.
February 25, 2023 Update 2023 Update: A Congressmen from Tennessee is now demanding that be the U.S. Government Accountability Office (GAO) initiate 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.) claimed that J&J of ignoring the risks of its talc product for many years, while tax dollars were used to treat those who were injured through exposure to the product. This lawsuit comes a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Talc safe for skin. J&J has to begin making reasonable settlement offers to victims to begin the process of putting all this behind it. This is a blemish on one of the greatest firms.
February 14 2023 Update: During an earlier hearing at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc safe for skin. 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!