You May be Entitled to Significant Compensation Talcum powder lawsuit sanitary napkins. 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 pay $440 million US state AGs. Talcum Powder Lawsuit Sanitary Napkins .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its broad $8.9 billion settlement of claims that its Baby Powder and other talc-based products cause cancer. Talcum powder lawsuit sanitary napkins.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay for different types of cancer patients in a bankruptcy settlement. Talcum powder lawsuit sanitary napkins. J&J has stated that its Talc products are safe and will not cause cancer. It’s trying for the second time to end more than 38,000 lawsuits filed in bankruptcy and prevent new cases from being filed in the future.
The bankruptcy plan of LTL would pay $400 million into an additional trust to settle claims made in state courts by attorneys general claiming that J&J had violated laws against unfair business practices in the State of New York and consumer protection laws by misleading consumers about the dangers of its talc products.
Some states had started consumer protection lawsuits against J&J prior to the first bankruptcy filing prevented these investigations from proceeding in 2021. Talcum powder lawsuit sanitary napkins. New Mexico and Mississippi had already launched suits with Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands in LTL’s court filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy in a joint move with cancer victims as well as their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a successful firm like J&J does not qualify for bankruptcy protections meant for those struggling with debt.
LTL’s first attempt at resolving the lawsuits in bankruptcy was dismissed after similar arguments. The U.S. appellate court decided in favor of LTL wasn’t in “financial difficulty” and therefore not eligible of bankruptcy protection. Talcum powder lawsuit sanitary napkins. LTL made a new bankruptcy application just over two hours after that dismissal, arguing that its second attempt was different because it was able to borrow less and had a greater chance of securing a settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of state law enforcement powers by seeking to unilaterally limit the company’s liability for state consumer protection laws.
Talcum Powder Lawsuit Sanitary Napkins
LTL’s recent filings also provided more information about how the company would evaluate and settle cancer claims if the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 for people diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for those who have been diagnosed with cancer of the ovary prior to age 45.
The proposed settlement provides discounts based on the nature and severity of the cancer, the person’s age, previous usage of talc and other variables. Talcum powder lawsuit sanitary napkins. For example an individual who was using talc products weekly, had an ovarian cancer family history, cancer and was diagnosed with the stage 2 ovarian cancer by age 55 could be in line to receive a payment of $21,125 under the settlement plan.
Judge orders J&J and talc oppositionists to participate in settlement talks.
Following another round of hearings in Johnson & Johnson’s effort to use a Texas Two-Step bankruptcy strategy to resolve talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing the move to conduct talks to reach a settlement, Bloomberg reports.
With its second bankruptcy bid for LTL management, a subsidiary founded by J&J to settle claims – the company proposed a settlement of $8.9 billion. Talcum powder lawsuit sanitary napkins. While a firm representing plaintiffs agree with the deal, another group opposes the move.
In the last week, an opposition group, which is known as the Official Committee of Talc Claimants in the bankruptcy court, demanded for dismissal of the matter argument that LTL cannot be regarded as financially distressed.
“The filing is a desperate and legally ineffective attempt by a small number of law firms to try to stop 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 lawsuit sanitary napkins. “The law firms who filed this filing have financial interests that clash with, diverge from, and are in opposition to the interests of their clients. We’ll submit a response in the appeals court.”
Talcum powder lawsuit sanitary napkins. Clay Thompson, a lawyer for MRHFM that includes more than mesothelioma patients who have sued J&J claimed that the second bankruptcy attempt of J&J will fail.
“J&J issues press releases describing how fantastic the plan is but 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 hide?”
Kaplan has commanded the parties to create a restructuring plan, with supervision from two mediators.
As of February 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that will free J&J from the thousands of lawsuits concerning its talcum products.
However, in the month of January, an appeals court of the federal government overturned the decision, ruling that the company was not able to be considered in “financial difficulty.”
After J&J’s make an appeal before the U.S. Supreme Court was rejected the same month, J&J was granted a second petition for bankruptcy about two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to allow an additional bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B cost of litigation involving talc.
With 2 Chapter 11 attempts, J&J has been able to buy 19 months in which the cases were held. Talcum powder lawsuit sanitary napkins. The company is requesting that claimants decide whether they want to accept the settlement. J&J would need 75% approval in order for the agreement to be accepted.
Alongside the group of talc lawyers who criticised the company’s bankruptcy play, the U.S. Trustee, an arm of the U.S. Department of Justice, also filed an appeal to dismiss LTL’s second bankruptcy.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the bankruptcy are “open to honest, but naive debtors.” These doors “are not open to any parties that don’t have a legitimate bankruptcy purpose or that seek to abuse the bankruptcy process to hinder or delay their creditors.” Vara continued.
To its credit, J&J maintains there is no evidence conclusive that its products containing talc, such as the famous baby powder, can cause cancer. J&J has taken the products of the market–first for North America in 2020–and the rest of the world this year.
J&J wants to avoid the expense of going to trial. J&J has won the majority of cases that have been decided through trial, though some losses have been very punitive.
A highly publicized trial in Missouri ended in a $4.7 billion verdict against the drug company but was later reduced to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine cases involving talc, which are being appealed or settled. Out of 41 trials, 32 of them ended in the favor of J&J or a mistrial, or plaintiff verdict that was overturned after appeal. Talcum powder lawsuit sanitary napkins. Separately, the company in 2020 moved to settle more than 1000 cases at a cost of $110 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talcum Powder Lawsuit Sanitary Napkins
Our lawyers are handling baby powder lawsuits in all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been ongoing for years. Talcum powder lawsuit sanitary napkins. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in products such as Baby Powder and Shower to Shower, can cause ovarian cancer among some women.
This article provides the J&J Talc Power litigation update and provides an overview of how the upcoming bankruptcy ruling impacts the ultimate settlement amounts in these cases of ovarian cancer.
Is the deadline for you to make a claim for talcum powder? Many who assume the deadline has passed to sue Johnson & Johnson are wrong. Contact us now 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 Lawsuit Sanitary Napkins
June 2 2023 Update: At the trial for asbestos-containing talc in California yesterday, a couple of technical issues halted the opening speech of defense attorneys. Talcum powder lawsuit sanitary napkins. Jurors who were watching from home on Zoom however, heard Johnson &Johnson’s lawyer express doubts about the 70s research that claimed asbestos was present in their product before the session abruptly ended.
The plaintiff was able to present their first witness, Arthur Langer. Langer explained that the existence of additional minerals along with the talc’s mineral content is inevitable. He said that his team was notified by J&J in 1971 about the presence of asbestos chrysotile in the company’s talc, albeit in lower than 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update Talcum powder lawsuit sanitary napkins. A trial for the first time since J&J took the decision to disband its talc division and declare bankruptcy marks an important turning point in the ongoing talc lawsuit story. Trial began yesterday in the poignant case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma last year, an illness that lawyers on both sides of the argument agree is a harrowing tragedy.
Opening statements revealed huge differences between the sides’ story. The plaintiff’s attorney took aim at Johnson & Johnson, alleging the use of misleading tactics in research practices and throughout the litigation process. The attorney claims that, according to, Johnson & Johnson attempted to alter asbestos’ definition, in spite of internal documents from 1978 and 1994 showing that asbestos fibers found in plaintiff’s tissue are included.
Johnson &J’s tangled $8.9 billion settlement is hanging in the balance as we progress of this trial. Despite the distinctive nature of this mesothelioma case and its distinct issues compared to other lawsuits involving talcum powder and a decision in favor of the plaintiff could inflict an enormous setback for J&J’s hopes for broad acceptance of their proposed settlement among plaintiffs.
May 31st, 2023 Update: Johnson and Johnson’s bankrupt talc division strongly defended its two-time Chapter 11 filing in the face of challenges from injured talc claimants. In an objection submitted to the New Jersey bankruptcy court, the company argued that the case was fundamentally different from the first filing. It emphasized the unprecedented commitment of $8.9 billion by J&J as the largest settlement ever in a mass tort bankruptcy case. Talcum powder lawsuit sanitary napkins. It was not mentioned how this amount signifies that it’s a fair settlement. J&J also claimed support from several plaintiffs’ legal firms that represent over sixty thousand claimants. This is not easy to confirm but is probably incorrect.
May 24 2023 Update: Following Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial regarding its cosmetic talc items allegedly containing asbestos is set to start jury selection on Monday, May 24, California with Alameda County Superior Court, which is a well-known place for plaintiffs. The plaintiff claims that his mesothelioma resulted from asbestos exposure from J&J’s products which the company does not deny. The trial also includes six retailers accused of selling talc products.
May 22, 2023 Update: Lawyers involved in the second J&J Talc bankruptcy are battling over who should be appointed to the position of future claims representative. This is an important role critical to resolving claims involving talc. Talcum powder lawsuit sanitary napkins. Randi Ellis, a lawyer who regularly appears in MDLs throughout the country was appointed the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed to that role again, but lawyers for the plaintiffs in talc are arguing to the claim that Ellis has a conflict of interest that would prevent her from assuming that position again. The issue stems from the possibility that Ellis was believed to have been involved in drafting the controversially contesting second bankruptcy, which raises concerns regarding her capacity to remain neutral. The reality is this bankruptcy could be dismissed in the end.
May 17, 2023 Update: The pretend company J&J created for the talc litigation bankruptcy informed an New Jersey bankruptcy court that they have allocated $400 million as a settlement for claims brought by states accusing the company of deceitful advertising regarding its talc products. Talcum powder lawsuit sanitary napkins. So that makes it an $8.5 billion settlement for cancer victims. It’s difficult to envision any scenario in which J&J will be able to push these baby powder settlements through at these numbers. While J&J’s proposed $8.5 billion offer may seem like a lot of money initially, it may not look very appealing when you do the math. This settlement proposal – by our rough calculations would not be able to pay victims more than a median settlement of $100,000 per instance. That is not enough.
May 15th 2023, Update J&J is potentially facing a lawsuit from an advocacy group that represents cancer victims. Talcum powder lawsuit sanitary napkins. The group contends that J&J intentionally canceled a $61.5 billion contract for funding 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 asserts this action is a fraud transfer of the rights of victims’ compensation. They are planning to study J&J’s actions after the announcement of the dismissal of the first bankruptcy case of LTL.
May 10, 2023 Update: Next week this week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion reject the second bankruptcy filing of J&J subsidiary LTL Management. In the meantime the bankruptcy has issued an Order requiring both sides to participate in a new settlement mediation with the hopes of achieving the global settlement can be brokered.
May 5 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Talcum powder lawsuit sanitary napkins. Over 2,700 individuals have sued the company and the company was paying $1 million per month for legal defense. The company’s recent $29million verdict at the Supreme Court of South Carolina forced it to seek bankruptcy protection, arguing that assets should be distributed in an equitable manner between the claimants of talc instead of being taken in the hands of the receiver. Other talc suppliers have also filed for bankruptcy due to 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 $8.9 billion offer for settlement. It was in Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps in the second bankruptcy case and Judge Kaplan has pushed for further settlement talks.
This is the way to settle these claims with J&J. A baby powder settlement can be achieved. Talcum powder lawsuit sanitary napkins. However, it’ll require additional money – perhaps billions of dollars coming from Johnson & Johnson.
Lawyers have a split opinion on whether to accept the proposal and not all clients view this issue the same way their attorney does. The second bankruptcy case is destined to fail the judge Kaplan has set a date for a hearing in June to determine whether to dismiss the bankruptcy for the second time.
May 3 2023 Update The group of cancer patients suing Johnson & Johnson (J&J) requested that J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation regarding talc-related products. The group representing claimants for talc filed a motion on Tuesday requesting to the Third Circuit to consider their case and then send it back an earlier court with instructions for dismissing the bankruptcy. Talcum powder lawsuit sanitary napkins. They also requested that the stoppage of tort litigation against J&J allow the litigation to continue.
LTL requested Chapter 11 protection once again after its first bankruptcy filing was rejected by the Third Circuit earlier this year and offered an $8.9 billion agreement. The committee believes that the recent decision allowing LTL’s 2nd Chapter 11 to continue, as well as halting the trials against J&J, warrants an immediate Third Circuit review. The US Trustee 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 declaring that J&J intends to file a reply in the appeals court, characterizing the filing as a “desperate and legally flawed plan” by a handful of law firms who have competing financial interests.
May 1, 2023 Update: One common question that people ask is how could plaintiffs and their attorneys turn around $8.9 billion. That’s of course a lot of money. But there are plenty of victims. Talcum powder lawsuit sanitary napkins. These are actually a good claims for plaintiffs. We have been reminded of this recently by two talc-related trials that have resulted in huge verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon led to the verdict in the amount of $18.1 million. A month later, another talc mesothelioma case went to trials in South Carolina and resulted in an award of $29 million to the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc., one of the leading suppliers of talc in the U.S.
April 30 2023 Update: In the year 2023, when J&J first attempted to drag the talcum powder lawsuit into bankruptcy, it came with an offer to reserve $2 billion for settlements. The amount was absurdly low. There was no one among the talc victims who believed in it. This time around, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and also has the support of a substantial part of the talc-related plaintiffs and their lawyers. Talcum powder lawsuit sanitary napkins. But with 75% of plaintiffs in the talc category, which is necessary for bankruptcy plan approval is a difficult road due to the sheer number of lawyers with large collections of baby powder lawsuits opposed to the settlement.
What could solve the impasse? More billions.
April 25 2023, Update Talc Cancer victims have asked a judge to reject their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, insisting that the company is not financially troubled. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Talcum powder lawsuit sanitary napkins. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said the company was not eligible for bankruptcy relief since it was unable to demonstrate financial difficulties.
The plaintiffs argue that LTL’s second Chapter 11 case is an misuse of the bankruptcy system and that the case is being handled in bad faith. J&J states that the bankruptcy settlement receives “significant support” from the firms that represent about 60,000 potential plaintiffs. It is fair to say that lawyers representing plaintiffs and victims ‘ lawyers are not united over the $8.9 billion deal.
April 21st, 2023 Update: A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that the company sold a baby powder that contained a chemical that causes cancer. Although trials for Talc lawsuits are suspended for at least 60 days but new lawsuits can be filed, and lawyers will begin preparing their cases. Talcum powder lawsuit sanitary napkins. The judge expressed his doubts about J&J’s attempt to relaunch its strategy in a second bankruptcy trial.
April 13th 2023 Update: major story is that there’s an $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer patients who are part of MDL class action MDL class action have promised to challenge the settlement the talc claimants. Why? They argue that it’s too little money for the 70,000 victims who have cancer. Talcum powder lawsuit sanitary napkins. The lawyers say that J&J should negotiate a bigger settlement or pursue individual claims in the event that the latest bankruptcy is dismissed.
There is a different group of lawyers outside of the leadership group in that class action. These lawyers have collectively amassed tens of thousands of cases. They want to settle the case now for what many argue is less than the victims deserve. The argument they make is two-fold. First, they argue that the settlement – about 100 million dollars on average per plaintiff is fair.
That is a hard argument to prove. The second argument is more force: the victims can not afford to wait any longer and need their money today.
April 12 2023 Update: Some people are asking how J&J could file for bankruptcy once more. The answer is complex and complicated. Let’s try to simplify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only method to address both present and future talc litigations in a definitive manner. In other words, it thinks it will pay less in the event of a bankruptcy element that creates pressure to settle. Talcum powder lawsuit sanitary napkins. Going back to hundreds of years of American past, the company argues that bankruptcy benefits all parties by distributing settlements more fairly and effectively than trial courts in which some litigants receive substantial payouts, while others are left with nothing.
The basic tenet of this 3rd Circuit decision was this is not a case – one that makes a profit, but a subsidiary to take the legal burden and declare bankruptcy – something Congress considered when it was drafting the Bankruptcy Code. However, the court also ruled that the subsidiary was not in financial difficulty due to the fact that J&J promises unlimited funding.
Then J&J decided to go with the unlimited funding aspect of the contract and didn’t promise that it would provide unlimited funds for litigation. The company claims that its modified financing arrangements with its subsidiary address the concerns of the appeals court while offering funds to pay claims. As if providing victims with less money would solve the overarching problem.
Attorneys representing cancer victims who oppose the agreement counter the agreement with what is the legal argument. Talcum powder lawsuit sanitary napkins. They counter with 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 attorneys representing the victims claim this the biggest “fraudulent transfer ever in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe that this bankruptcy will last. It is however a method 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 within New Jersey that is shedding new light on litigation funding in the class action lawsuit. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) regarding talc products, in exchange for a percentage of any profits. J&J is now offering that it will pay $8.9 billion to settle lawsuits.
The funders’ involvement is public knowledge because of a New Jersey court rule requiring the disclosure of certain information about funding sources outside of the. The law is designed to respond to the increasing calls for regulation of litigation funders. J&J has more than 60,000 claims when you take into account federal and state Baby Powder lawsuits. Third-party funding for mass tort lawsuits is not without its pros and pros and. However, there is no doubt that we are seeing how third-party funding can level the playing field between people and large corporations in court.
April 4 2023 Update: It’s fun to watch the worm turn in this litigation. J&J was hit again this week when it was found that the Third Circuit denied J&J’s request to keep the automatic stay in place as J&J appeals a bankruptcy ruling at the U.S. Supreme Court. It has stopped thousands of talcum powder cases and prevented new lawsuits from getting filed ever since J&J began the controversial plan to spin talc-related liabilities off into a bankrupt subsidiary over one year in the past. Talcum powder lawsuit sanitary napkins. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was revoked. J&J had hoped to have it continue in the meantime of the SCOTUS appeal. The answer was no.
April 1st, 2023 Update Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The likelihood that for the Supreme Court is willing even to hear the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay fully lifted, the first new cases have been filed and transferred into the class action for talcum powder MDL in over one year. Seven new talc cases were brought into the MDL in the last month and brought the total number of cases pending to 37,522.
February 25 2023 Update: A Congressmen from Tennessee has now demanded that authorities from the U.S. Government Accountability Office (GAO) start an investigation into the cost J&J talc products have cost the government over the decades.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc products over long while tax dollars used to treat those who were injured through exposure to the products. The demand comes just weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Talcum powder lawsuit sanitary napkins. J&J needs to start making fair settlement offers to victims, in order to put all of this behind. This is a disgrace to one of the greatest companies.
February 14 2023 Update: At the hearing held today 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 Talcum powder lawsuit sanitary napkins. 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!