You May be Entitled to Significant Compensation Talcum powder cancer talc fibers. 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 for talc would provide $400 million to US state AGs. Talcum Powder Cancer Talc Fibers .
Johnson & Johnson (JNJ.N) has put aside $400 million to resolve U.S. state consumer protection actions as part of its larger $8.9 billion plan to settle allegations that its Baby Powder and other talc ingredients cause cancer. Talcum powder cancer talc fibers.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company plans to pay different kinds of cancer sufferers in bankruptcy settlement. Talcum powder cancer talc fibers. J&J has said that its products containing talc are safe and will not cause cancer. The company is trying for another time to settle more than 38,000 cases in bankruptcy and stop new cases from coming forward in the near future.
LTL’s bankruptcy plan will pay $400 million to a separate trust for lawsuits filed from state attorney generals alleging that J&J had violated the state’s unfair commercial practices and consumer protection laws by misleading consumers about the safety of its talc products.
Some states had started consumer protection actions against J&J before LTL’s first bankruptcy filing prevented those investigations from taking place in 2021. Talcum powder cancer talc fibers. New Mexico and Mississippi had already launched lawsuits 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 court documents.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished, joining cancer victims and The U.S. Justice Department’s bankruptcy watchdog. They have argued that a successful company such as J&J does not qualify for bankruptcy protections meant for the struggling debtors.
The first attempt by LTL to resolve the bankruptcy cases was dismissed following similar arguments. The U.S. appeals court ruled it was not LTL had not been in “financial difficulty” and ineligible of bankruptcy protection. Talcum powder cancer talc fibers. LTL had filed for bankruptcy again in just two hours following that dismissal, arguing that the second bankruptcy was different due to the fact that there was less money available and more support for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss that LTL’s new bankruptcy violates the state’s law enforcement authority by trying to unilaterally cap LTL’s liability to state consumer protection measures.
Talcum Powder Cancer Talc Fibers
LTL’s new filings also included additional details about how the company plans to evaluate and settle cancer claims should the bankruptcy plan be approved.
The largest amount of money under the settlement will be $500,000 for patients diagnosed with terminal mesothelioma before age 45, and $260,000 for those diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement applies discounts depending on the kind and severity of cancer, an individual’s age, history of usage of talc and other variables. Talcum powder cancer talc fibers. For example, a woman who used the talc product on a regular basis, had a family history of ovarian cancer and was diagnosed an ovarian cancer stage II when she was 55 could be in line to receive a payout of $21,125 under the plan.
Judge orders J&J, talc opponents to engage in settlement talks.
After another round of hearings in Johnson & Johnson’s effort to use a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the plan to enter into settlement talks, Bloomberg reports.
With its second bankruptcy bid for LTL Management–a subsidiary established by J&J to settle claims – the company made a settlement offer of $8.9 billion. Talcum powder cancer talc fibers. While one firm representing plaintiffs support the deal, another group opposes the deal.
Earlier this week, the opposition group, which is known as the Official Committee of Talc Claimants requested the bankruptcy court to disqualify the petition asserting that LTL can not be considered in financial hardship.
“The filing is an unjust and legally flawed attempt by a few of law firms to try to prevent claimants from voting on the resolution plan–a plan that the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Talcum powder cancer talc fibers. “The law firms behind their filing are financially oriented and have conflicts that clash with, differ from and infringe on the rights of their clients. We’ll submit an answer to the appellate court.”
Talcum powder cancer talc fibers. Clay Thompson, a lawyer for MRHFM, which is home to more than mesothelioma victims who have sued J&J claimed that J&J’s second bankruptcy attempt is likely to fail.
“J&J issues press releases that boast about how amazing its plan is while simultaneously insisting that the details of its plan–including the treatment the individual sick individuals would receive–be kept secret,” Thompson said in an email. “What do they have to conceal?”
Kaplan has instructed both sides to come up with another arrangement plan under supervision by two mediators.
As of February 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would relieve J&J from the tens of thousands of claims concerning its talcum products.
In January of this year, an appeals court of the federal government overturned the decision, ruling that the firm could not be considered to be in “financial difficulty.”
In the event that J&J’s request to challenge the U.S. Supreme Court was rejected the same month, J&J declared bankruptcy about two hours after. In response, Kaplan froze the lawsuits for 60 days to decide whether to grant another bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
Through 2 Chapter 11 attempts, J&J has gotten 19 months of which cases have been suspended. Talcum powder cancer talc fibers. J&J wants the claimants to vote on accepting their settlement. J&J requires 75% acceptance in order for the agreement to be accepted.
In addition to the group of talc attorneys who have panned LTL’s bankruptcy plan as well, the U.S. Trustee which is a division from the U.S. Department of Justice is also submitting a motion to dismiss the second bankruptcy case of LTL.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest but unfortunate debtors.” These doors “are not open to parties who do not have a legitimate bankruptcy objective or seek to abuse the bankruptcy process to delay or hinder their creditors.” Vara continued.
In its own words, J&J maintains there is no conclusive evidence that its Talc-based products, such as the famous baby powder, cause cancer. J&J has taken its products off of the market, first in North America in 2020–and the rest of the world this year.
J&J wants to avoid the cost of going to trial. J&J has won most of the cases decided at trial, but some losses have been punitive.
A highly publicized trial in Missouri ended in 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
In all, J&J has lost nine trial involving talc that are being appealed or concluded. Out of 41 trials, 32 ended with an outcome for J&J either through a mistrial or verdict of a plaintiff reversed after appeal. Talcum powder cancer talc fibers. In addition, J&J in 2020 moved to settle more than 1,000 cases worth 100 million dollars, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talcum Powder Cancer Talc Fibers
Our lawyers handle baby powder cases in every state. The lawsuits involving talcum powder in the case of Johnson & Johnson have been ongoing for years. Talcum powder cancer talc fibers. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient found in products such as baby Powder and Shower to Shower as well as other products, may cause ovarian cancer in some women.
This page provides an J&J Talc Power litigation update and explains how the forthcoming bankruptcy ruling will impact the final settlement amounts of these cases of ovarian cancer.
Did the deadline expire for you to bring a talcum lawsuit? Many who assume the statute of limitations has passed to file a lawsuit against Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talcum Powder Cancer Talc Fibers
June 2 2023 Update: At the trial for asbestos-containing talc in California yesterday, a couple of technical glitches interrupted the opening statements of the defense attorneys. Talcum powder cancer talc fibers. Jurors who were watching from home via Zoom, did hear Johnson & Johnson’s lawyer expressing doubts about the 70s research affirming the presence of asbestos in their product, but the trial was abruptly closed.
Meanwhile, the plaintiff could present an initial witness Arthur Langer. Langer said that the presence of additional minerals along with talc is inevitable. He testified that his team had notified J&J in the year 1971 of the presence of chrysotile asbestos in the talc manufactured by the company, though with just 0.1 percent. He also uncovered more asbestos in 1976.
June 1, 2023 Update: Talcum powder cancer talc fibers. The first trial since J&J has decided to separate its talc segment and file for bankruptcy is an important moment within the ongoing litigation controversy. Trial began yesterday in the tragic case of a young 24-year-old plaintiff, diagnosed with an aggressive and rare form of mesothelioma last year, which lawyers on both sides acknowledge is a tragedy of a different kind.
The opening statements exposed the huge differences between the sides’ narrative. The plaintiff’s attorney took aim at Johnson & Johnson, alleging the use of deceptive tactics in research practices and throughout the litigation procedure. According to the attorney, the company attempted to manipulate the definition of asbestos in spite of internal documents from between 1978 and 1994 that showed fibers discovered 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 particularity of this mesothelioma-related case and the unique issues it faces compared to most talcum powder lawsuits, a verdict favoring the plaintiff could cause the company with a major setback in its hopes for broad acceptance of their proposed settlement among plaintiffs.
May 31, 2023: Update from Johnson & Johnson’s bankrupted talc unit has strongly defended their Second Chapter 11 filing in the face of challenges from victims of talc injuries. In an objection submitted to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing was vastly different from the previous filing. It also emphasized the unprecedented commitment to $8.9 billion in settlement from J&J the largest settlement ever in any bankruptcy case that involves mass tort. Talcum powder cancer talc fibers. Not mentioned: how the magnitude of the settlement means it is a fair settlement. J&J also claimed support from several plaintiffs’ legal firms representing more than 600,00 claimants. This is not easy to confirm but likely incorrect.
May 24, 2023 Update: Since Johnson &J Johnson’s bankruptcy filing, the very first trial concerning its cosmetic talc products allegedly with asbestos content is scheduled to commence jury selection on Monday, California within the Alameda County Superior Court, a historically good place for plaintiffs. The plaintiff asserts that his mesothelioma is the result of asbestos exposure from J&J’s products and J&J denies. The trial also includes six retailers accused of selling talc products.
May 22, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are now in a dispute over who should be appointed to the position of the future claims representative, an important role essential in resolving the Talc claims. Talcum powder cancer talc fibers. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation was appointed as the claims representative in the initial bankruptcy. J&J’s defense team would like Ellis to be appointed in that position and again, but attorneys for the plaintiffs in talc are arguing on the grounds that Ellis has an interest conflict that would prevent her from being appointed to that post in the future. The dispute stems from fact that Ellis was involved in drafting the hotly litigated second bankruptcy, which raises questions about her ability to be neutral. In reality, the bankruptcy will get dismissed anyway.
May 17, 2023 Update The pretend company J&J created for the talc bankruptcy has informed the New Jersey bankruptcy court that they had allocated $400 million to pay the claims brought by states accusing the company of deceitful advertising for its talc product. Talcum powder cancer talc fibers. So that makes it an $8.5 billion settlement to cancer victims. It’s difficult to imagine any scenario in which J&J will be able to push the settlements of baby powder through at these numbers. While J&J’s $8.5 billion offer sounds like a large sum initially, it may not appear appealing when you look at the numbers. The proposed settlement based on our rough calculations – would not pay victims much more than a median settlement of $100,000 per case. This isn’t enough.
May 15 2023, Update J&J may be in the middle of a lawsuit brought by an advocacy group that represents cancer patients. Talcum powder cancer talc fibers. The group argues that J&J deliberately retracted an $61.5 billion contract for funding together with its parent company, LTL Management LLC, to create the appearance of financial hardship and verify the unit’s Chapter 11 bankruptcy filing. The group argues that this act is a fraud transfer of the victims’ compensation rights. They intend to investigate J&J’s actions in the wake of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: During the next week in next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to reject the second bankruptcy filing by J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, the bankruptcy has issued an order requiring both sides to participate in a new settlement mediation in the hope that the global settlement can be been reached.
May 5th 2023 Update: Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer from asbestos exposure. Talcum powder cancer talc fibers. Over 2700 people have sued the company and it is spending $1 million a month to defend its legal position. The company’s most recent $29 million settlement in South Carolina forced it to file for bankruptcy protection, arguing for equitable distribution of assets to talc claimants, rather than being taken in the hands of the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of lawsuits.
May 4, 2023, Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume talks on settlement with lawyers who rebuffed the company’s proposed $8.9 billion offer for settlement. At Trenton, New Jersey yesterday, the parties appeared before a judge to discuss the next steps for this second case of bankruptcy. Judge Kaplan encouraged further settlement talks.
This is the answer to resolve these claims for J&J. A baby powder settlement could get done. Talcum powder cancer talc fibers. But it’ll need additional money – perhaps billions of dollars – coming from Johnson & Johnson.
Lawyers are split on whether to take the proposal or not and not all clients see the issue in the same manner their attorney does. The second bankruptcy case is bound to go nowhere with Judge Kaplan has scheduled a hearing for June to determine whether to dismiss the bankruptcy for the second time.
May 3, 2023 Update The group of cancer patients who have sued Johnson & Johnson (J&J) asked 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 involving talc products. The group representing the claimants submitted a motion on Tuesday, asking for the Third Circuit to consider their case and to send it back before a court of lower jurisdiction with instructions to discharge the bankruptcy. Talcum powder cancer talc fibers. The committee also requested that the stopped tort litigation against J&J be allowed to continue.
LTL requested Chapter 11 protection once again following its bankruptcy filing that was denied in the Third Circuit earlier this year which offered an $8.9 billion payment. The committee argues that the recent ruling which allowed the second Chapter 11 to continue, while also halting trials against J&J and J&J, requires immediate Third Circuit review. The US Trustee has also requested the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation, Erik Haas, was quoted by Bloomberg saying that J&J intends to file a formal response in the appeals court calling the request a “desperate and legally flawed move” by a few of law firms that have conflicts of financial interests.
May 1, 2023 Update: One most frequently asked question is how could plaintiffs and their lawyers be able to turn down $8.9 billion. Of course, that’s an enormous amount of money. There are a lot of victims. Talcum powder cancer talc fibers. These are actually a good claims for plaintiffs. We were reminded of this last week in two talc trials which led to huge verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon was settled with a verdict that was $18.1 million. In the same month, a different mesothelioma talc case was brought to trial on the other side of South Carolina and resulted in an award of $29 million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. One of the largest producers of talc in the U.S.
April 30th, 2023 Update: When J&J initially tried to take the talcum powder lawsuit into bankruptcy, they came with the option of putting aside $2 billion to settle the case. This was an absurdly low amount. All of the talc plaintiffs agreed with it. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs will allow a bankruptcy settlement and they have the backing of a significant part of the talc-related plaintiffs and their attorneys. Talcum powder cancer talc fibers. But 75% of the plaintiffs who are a talc, which is needed for approval of the bankruptcy plan It’s a long and difficult process due to the sheer number of lawyers with large inventories of baby powder litigations opposed towards the agreement.
What could solve the impasse? More billions.
April 25 2023 Update Talc plaintiffs have sought a court order to reject their Chapter 11 case filed by LTL Management LLC, a absurdly made-up 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-powders caused cancer. Talcum powder cancer talc fibers. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company was not eligible for bankruptcy relief as it was unable to demonstrate financial distress.
The claimants argue that the third Chapter 11 case is an fraud on the bankruptcy system, and that the case is being handled in bad good faith. J&J says the bankruptcy settlement receives “significant backing” from firms representing around 60,000 plaintiffs. It’s fair to say that lawyers representing plaintiffs and victims are divided over this $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge decided in favor of Johnson & Johnson must face new lawsuits claiming that the company offered a baby powder with a contaminant that caused cancer. Although trials for Talc lawsuits are suspended for at least 60 calendar days and new lawsuits are able to be filed, and lawyers will begin preparing their cases. Talcum powder cancer talc fibers. The judge expressed his doubts about J&J’s pathetic attempt to revive its strategy with a second bankruptcy trial.
April 13th, 2023 Update: most important news is the $8.9 billion over the course of 25 year period settlement offered. Lawyers representing cancer patients who are part of the MDL Class Action have pledged to fight the settlement alongside those who claim talc. Why? They believe it’s too little money for the more than 70,000 cancer victims. Talcum powder cancer talc fibers. The lawyers say that J&J should negotiate a larger settlement or settle individuals’ claims if the current bankruptcy is declared unconstitutional.
However, there is a second group of lawyers that is not part of the leadership of that class action. These lawyers have collectively amassed tens of thousands of cases. The group is seeking to settle the case now for what is believed to be lower than what the victims should be paid. The argument they make is two-fold. First, they argue that the settlement of around 100 million dollars on average per plaintiff is fair.
This is an argument that is difficult to present. But their second argument has more force: the victims can be no longer patient and demand 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 confusing. However, let’s attempt to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future lawsuits involving talc conclusively. It thinks it will pay less when there is a bankruptcy component that applies pressure to negotiate a settlement. Talcum powder cancer talc fibers. Going back to the 400-year span of American history, the company asserts that bankruptcy benefits all parties as it distributes settlement payments more evenly and effectively than trial courts, where some litigants receive significant award while others do not.
The main thrust in this 3rd Circuit decision was this is not a case of a profitable company making an affiliate to accept the legal risk and declare bankruptcy, which is what Congress thought of when drafting its Bankruptcy Code. It also clarified it was not in financial trouble due to the fact that J&J promises unlimited funding.
Thus, J&J jumped on the unlimited funding part of the holding and did not promise to provide unlimited funding for cases. The company claims that its updated financing arrangements with its subsidiary address appeals court’s concerns, while providing funds for claims. It’s as if giving victims less money will solve the underlying issue.
Lawyers representing cancer patients who oppose the agreement counter the agreement with what is the legal argument. Talcum powder cancer talc fibers. They counter with legal absurdity: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous decision. The hyperbole wasn’t spared by the victims’ lawyers, who call it the biggest “fraudulent deal that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think that the bankruptcy will endure. But it is a way of pushing this $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 that has been passed in New Jersey that is shedding new light on litigation funding in the plaintiffs in the class action. 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 settlements. J&J is now willing to pay $8.9 billion in settlements for all lawsuits.
The involvement of the funders is public information because of the New Jersey court rule requiring the release of certain details regarding outside funding backers. The rules aim to address the growing calls for regulation of the litigation funders. J&J faces over 60,000 claims when you include federal and state Baby Powder lawsuits. Third-party funding in mass tort claims is not without its pros and cons. But there is no question that we are seeing how third-party financing can help level the playing field between individuals and big corporations in the courtroom.
April 4, 2023 Update: It’s enjoyable to see the worm turn in this lawsuit. J&J took another hit this week when it was found that the Third Circuit denied J&J’s request to maintain the automatic stay in the meantime that J&J appeals an order granting bankruptcy in the U.S. Supreme Court. It has frozen hundreds of cases involving talcum powder and stopped the filing of new lawsuits ever since J&J launched the controversial attempt to spin the talc liabilities off into a bankrupt entity over a year earlier. Talcum powder cancer talc fibers. After the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was revoked. J&J wanted to see it stayed in place until an appeal to the SCOTUS appeal. But, 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 chance of the Supreme Court is willing even to consider 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 in the space of a year. Seven new talc cases were included in the MDL in the last month, bringing the total number of cases that are pending to 37,522.
February 25 2023 Update This morning, a Congressmen from Tennessee is now calling for the U.S. Government Accountability Office (GAO) begin an investigation into how much J&J product containing talc has cost the government over the years.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the risks of its talc-based products for many years, while tax dollars were utilized to treat people injured by exposure to the chemicals. This lawsuit comes a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Talcum powder cancer talc fibers. J&J has to begin making reasonable settlement offers to victims to to put all of this behind. It’s a mark on one of the most prestigious firms.
February 14 , 2023 Update: At a hearing 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 Talcum powder cancer talc fibers. 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!