You May be Entitled to Significant Compensation The dangers of talc. 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 dollars to US state AGs. The Dangers Of Talc .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of its broad $8.9 billion effort to settle claims that its Baby Powder and other talc ingredients cause cancer. The dangers of talc.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay for different types of cancer victims as part of a bankruptcy settlement. The dangers of talc. J&J has declared that its products containing talc are safe and do not cause cancer. The company is trying for a second time to resolve more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from being filed in the future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for lawsuits filed from state attorney generals claiming that J&J violated the state’s unfair commercial practices as well as consumer protection laws by misinforming consumers regarding the security of its talc-based products.
Some states had started consumer protection actions against J&J prior to the first bankruptcy filing stopped these investigations from taking place in 2021. The dangers of talc. New Mexico and Mississippi had already launched actions with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands according to court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy as well as cancer patients and those affected by cancer and the U.S. Justice Department’s watchdog on bankruptcy, who have claimed that a lucrative business like J&J is not eligible for bankruptcy protections designed for people with debt problems.
The first time LTL attempted to settle the bankruptcy lawsuits was dismissed following similar arguments. A U.S. appellate court determined it was not LTL did not have “financial difficulty” and thus not eligible under bankruptcy law. The dangers of talc. LTL declared bankruptcy a second time less than two hours after that dismissal, arguing that its second attempt was different in that there was less money available and had more support for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss that LTL’s latest bankruptcy violation of the law enforcement powers of the state in attempting to unilaterally limit the liability of the company for state consumer protection measures.
The Dangers Of Talc
LTL’s new filings also included additional details about how the company would assess and settle cancer claims should the bankruptcy plan be approved.
The highest payments under the settlement will be $500,000 to those diagnosed with cancer of the mesothelioma ovary before age 45, and $260,000 for patients diagnosed with ovarian cancer that is terminal before age 45.
From there, the proposed settlement provides discounts based on the severity and type of cancer, the individual’s years of age, their history of usage of talc and other variables. The dangers of talc. For instance, a woman who used talc products on a weekly basis, who had an ovarian cancer family history, cancer and was diagnosed Stage II cancer of the ovary at the age of 55 may be eligible to receive a payout of $21,125 under the program.
Judge decides J&J and talc opponents to take part in settlement talks.
After another round of hearings in Johnson and Johnson’s efforts to implement a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the plan to hold talks to reach a settlement, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management–a subsidiary established by J&J to settle claims – the company offered a settlement amounting to $8.9 billion. The dangers of talc. While a group of law firms representing plaintiffs supports the settlement, a different group opposes the move.
In the last week, an opposition group, known as”the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss this case by argument that LTL cannot be regarded as in financial distress.
“The filing is a desperate and legally deficient attempt by a small number of law firms to block claimants from voting on the resolution plan – a plan the vast and growing majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. The dangers of talc. “The law firms that are behind these filings have interests in finance that are in conflict with, diverge from, and oppose the interests of their clients. We’ll be submitting a response an appeal to the appellate court.”
The dangers of talc. Clay Thompson, a lawyer for MRHFM that has more than 80 patients with mesothelioma who have filed lawsuits against J&J claimed that J&J’s second bankruptcy effort is likely to fail.
“J&J sends out press releases about how great its plans are, but is demanding that plan details–including what each sick person will be treated to,” Thompson said in the statement. “What is J&J’s plan to cover up?”
Kaplan has instructed the sides to create a strategy for reorganization, under the supervision of two mediators.
On February 20, 2022 Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that would relieve J&J from the tens of thousands of claims over its talcum products.
However, in the month of January, a federal appeals court ruled against the verdict, ruling that the company could not be considered in “financial financial distress.”
After J&J’s challenge the U.S. Supreme Court was denied the same month, J&J filed for its second bankruptcy two hours after. In response to that move, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to approve the second bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B talc litigation charge.
With 2 Chapter 11 attempts, J&J has gotten 19 months of which cases were placed suspended. The dangers of talc. The company is requesting that claimants decide whether they want to accept the settlement. J&J would need 75% of the vote for the deal to go through.
Alongside the group of talc attorneys who have panned the bankruptcy of the company, the U.S. Trustee which is a division belonging to the U.S. Department of Justice is also submitting motions to dismiss LTL’s bankruptcy second case.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest, but naive debtors.” Those doors “are not available to anyone who do not have a legitimate bankruptcy reason or want to use bankruptcy to hinder or delay their creditors,” Vara continued.
On the other hand, J&J maintains there is no proof conclusive that their talc products, including its famous baby powder, cause cancer. J&J has taken the products of the market–first to be available in North America in 2020–and the rest of the world later this year.
J&J wants to avoid the expense of going to court. J&J has won most of the cases decided at trial, but certain losses have been harsh.
A highly-publicized trial in Missouri ended in a $4.7 billion judgment against the drug manufacturer, which 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 being appealed or decided. Out of 41 trials 32 of them ended in winning for J&J as well as mistrials or plaintiff verdict that was dismissed after appeal. The dangers of talc. In addition, J&J in 2020 sought to settle over 1000 cases for $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – The Dangers Of Talc
Our lawyers are handling baby powder cases in every state. The lawsuits involving talcum powder against Johnson & Johnson have been ongoing for many years. The dangers of talc. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient found in products such as baby Powder as well as Shower to Shower as well as other products, may cause ovarian cancer in some women.
This page provides the J&J talc power litigation update and explains how the forthcoming bankruptcy ruling will affect the final settlement amounts in these ovarian cancer lawsuits.
Has the deadline passed for you to start a lawsuit against talcum powder? Many who believe that the deadline has passed to file a lawsuit against 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 – The Dangers Of Talc
June 2 2023 Update: In the trial for asbestos-containing talc at the trial in California yesterday, some technical glitches interrupted the opening speech of defense attorneys. The dangers of talc. Jurors at home via Zoom, did hear Johnson & Johnson’s lawyer expressing doubt about the 70s research asserting the presence of asbestos in their product prior to the session abruptly ended.
Meanwhile, the plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer explained that the occurrence of other minerals in the talc mineral is a given. He also testified that his team was notified by J&J in the year 1971 about the presence of chrysotile asbestos within the talc manufactured by the company, though with lower than 0.1 percent. He also uncovered more asbestos in the year 1976.
June 1st, 2023 Update: The dangers of talc. This is the first court trial that has taken place since J&J decided to spin off its talc division and declare bankruptcy marks an important moment in the ongoing talc lawsuit controversy. The trial began on Tuesday in the heartbreaking case of a young 24 year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma in the past year, which both sides of the argument agree is a tragedy of a different kind.
The opening statements exposed the sharp differences in the two sides’ story. The attorney representing the plaintiff aimed his ire towards Johnson & Johnson, alleging the use of misleading methods in their research practices as well as throughout the litigation process. The attorney claims that, according to, the company attempted to manipulate the definition of asbestos, in spite of internal documents dating from the year 1978 and 1994 indicating that fibers discovered in the plaintiff’s tissue are included.
Johnson &J’s tangled $8.9 billion settlement proposal hangs in the balance as we course of this trial. Despite the distinct nature of the mesothelioma trial and its distinct issues compared to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could inflict a serious setback to J&J’s expectations of widespread acceptance of the settlement they have proposed among plaintiffs.
May 31 2023 Update: Johnson & Johnson’s bankrupted talc unit has is defending it’s 2nd Chapter 11 filing in the in the face of challenges from victims of talc injuries. In an opposition filed with the New Jersey bankruptcy court, it argued that the situation was vastly different from the prior filing. It also emphasized the unprecedented commitment to $8.9 billion by J&J as the largest settlement ever made in an bankruptcy case involving mass torts. The dangers of talc. Not mentioned: how this amount indicates that it is a fair settlement. J&J also claimed support from numerous plaintiffs’ law firms representing more than sixty thousand claimants. This is hard to verify but likely incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial regarding its cosmetic talc items allegedly containing asbestos is set to begin jury selection on Monday, California within the Alameda County Superior Court, which is a well-known location for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure resulting from J&J’s products and that the company is denying. The trial also involves six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the second J&J talc bankruptcy are disputing who should be appointed to the role of a the future claims representative, which is vitally essential in resolving the claims involving talc. The dangers of talc. Randi Ellis, a lawyer who regularly appears in MDLs across the country, was appointed as the claims representative in the first bankruptcy. J&J’s defense team wants Ellis to be appointed to this position and again, but attorneys for the plaintiffs in talc are arguing to the claim that Ellis has an interest conflict that should prevent her from being appointed to that post for the second time. The dispute stems from possibility that Ellis was believed to have been involved in drafting the hotly contested second bankruptcy, raising doubts about her capability to remain neutral. The reality is the bankruptcy will be dismissed regardless.
May 17, 2023 Update The pretend company J&J formed to settle the talc litigation bankruptcy disclosed to an New Jersey bankruptcy court that they have designated $400 million as a settlement for allegations made by states who accuse J&J of misleading marketing for its talc product. The dangers of talc. It’s a $8.5 billion settlement for cancer victims. It’s hard to imagine an eventuality where J&J can push the baby powder settlements at these numbers. While J&J’s proposed $8.5 billion offer seems like a huge sum initially, it may not look great when you do the math. The settlement plan based on our rough calculations, would not offer victims anything more than $100,000 per case. It’s not enough.
May 15 2023 Update: J&J might be facing suit from an advocacy group representing cancer victims. The dangers of talc. The group contends that J&J deliberately retracted an $61.5 billion contract for funding with its subsidiary, LTL Management LLC, to simulate financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of rights of compensation for victims. They will investigate J&J’s actions in the wake of the decision to dismiss the LTL’s bankruptcy case in its first instance.
May 10, 2023 Update: Next week next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion reject the second bankruptcy filing of J&J company LTL Management. However, in the meantime LTL Management has filed an Order that requires both parties to take part in a new settlement mediation to see if a global settlement deal can been reached.
May 5 2023 Update: The talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. The dangers of talc. Over 2,700 individuals have sued the firm and the company was spending $1 million a month on legal defense. The company’s recent $29million settlement that was handed down in South Carolina forced it to file for bankruptcy protection, arguing for an equitable distribution of assets between talc claimants rather than being taken over in the hands of the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of litigation.
May 4, 2023, Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch settlement discussions with lawyers who rebuffed Johnson & Johnson’s $8.9 billion settlement offer. At Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps to take in another bankruptcy proceeding. Judge Kaplan encouraged further settlement talks.
This is the way to resolve these claims for J&J. A baby powder settlement could get done. The dangers of talc. However, it’ll require more money, more billions of dollars of Johnson & Johnson.
Lawyers are split on whether or not to agree with the proposal and not all clients view the situation the same way their lawyer sees it. A second bankruptcy proceeding is destined to fail, as Judge Kaplan has set a date for a hearing in June to determine if she will discharge the bankruptcy for the 2nd time.
May 3 2023 Update The group of cancer victims who are suing Johnson & Johnson (J&J) asked to have the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation over talc products. The group representing claimants for talc has filed a motion this week asking to the Third Circuit to consider their case and then send it back before a court of lower jurisdiction with instructions to dismiss the bankruptcy. The dangers of talc. They also asked that the stoppage of tort litigation against J&J allow the litigation to proceed.
LTL requested Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year which offered the possibility of an $8.9 billion deal. The committee believes that the recent ruling which allowed LTL’s second Chapter 11 to continue, and also stopping trials against J&J, warrants an immediate Third Circuit review. The US Trustee requested it be requested that 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 response in the appeals court saying that the filing is a “desperate and legally inadequate move” by a select group of law firms with competing financial interests.
May 1 2023 Update: One frequently asked question is how could plaintiffs and their attorneys turn down $8.9 billion. That’s of course an enormous amount of money. There are a lot of victims. The dangers of talc. These are an excellent cases for plaintiffs. We were reminded of this recently in two talc trials which resulted in big verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon led to the verdict that was $18.1 million. A month later, another mesothelioma trial involving talc was held for trial within South Carolina and resulted in a verdict of $29 million for the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. one of the top manufacturers of talc in U.S.
April 30 2023 Update: When J&J initially tried to take the lawsuit over talcum powder into bankruptcy, it was met with an offer to set aside $2 billion to settle the case. It was a ridiculously small amount. All of the talc plaintiffs were in favor of the offer. This time, J&J has increased the offer to $8.9 in the event that the talc victims will allow a bankruptcy settlement and they have the support of a substantial section of the talc victims as well as their lawyers. The dangers of talc. However, 75% of plaintiffs in the talc category, which is required to approve bankruptcy plans is not an easy task because of the number of lawyers who have large inventory of baby powder-related lawsuits, opposed against the proposed settlement.
What can be done to end 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, declaring that the company isn’t financially troubled. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. The dangers of talc. The 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not eligible to receive bankruptcy relief because it did not show financial trouble.
The claimants contend that LTL’s third Chapter 11 case is an abuse of the bankruptcy system and it’s being pursued in bad faith. J&J asserts that the bankruptcy settlement is backed by “significant support” from firms representing around 60,000 claimants. It’s fair to say plaintiffs’ lawyers and victims ‘ lawyers are divided on their disagreement over the $8.9 billion deal.
April 21st, 2023 Update: A bankruptcy judge has ruled in favor of Johnson & Johnson must face new lawsuits alleging that it sold baby powder that was contaminated and causing cancer. While trials in Talc lawsuits are suspended for at least 60 calendar days but new lawsuits can be filed, and lawyers will begin preparing their cases. The dangers of talc. Judges expressed skepticism about J&J’s pathetic attempt to relaunch its strategy in another bankruptcy case.
April 13 2023 update: the most important story is that there’s an $8.9 billion over the course of 25 years of settlement. Lawyers representing cancer victims involved in MDL class action MDL class action have promised to fight the settlement alongside those who claim talc. Why? They think it is not enough to pay for 70 000 cancer patients. The dangers of talc. They argue that J&J should seek a bigger settlement or settle individual claims if the latest bankruptcy is thrown out.
But there’s a separate group of lawyers that is not part of the leadership in the class action. These lawyers have collectively amassed tens of thousands of cases. This group wants to settle today with what they believe is less than these victims deserve. The argument they make is twofold. The first is that they claim the settlement – which amounts to 100 million dollars on average per plaintiff is fair.
It’s a difficult argument to argue. However, their second argument has more force: the victims can be no longer patient and demand to get their money right now.
April 12 2023 Update: Many are wondering if J&J can file for bankruptcy once more. The answer is complex and confusing. Let’s try to simplify it simply.
Johnson & Johnson asserts that bankruptcy is the only option to settle both present and future talc lawsuits conclusively. It thinks it can get a lower rate in the event of an element of bankruptcy that puts pressure to settle. The dangers of talc. Moving past more than 400 years in 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 awards while others receive nothing.
The main thrust in this 3rd Circuit decision was this isn’t a case that involves one that makes a profit, but a subsidiary to take the legal liability and declare bankruptcy Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified that the entity was in financial difficulty due to the fact that J&J assured it of unlimited funding.
Then J&J jumped on the unlimited funding portion of the deal and did not promise to provide unlimited funding for litigation. The company claims that its revised financing arrangements with its subsidiary address the concerns of the appellate court, while offering funds to pay claims. In the hope that offering victims less money would solve the problem at hand.
Attorneys representing cancer patients who are against the agreement argue this by arguing that the plaintiff is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier ruling. The hyperbole wasn’t spared: victims’ lawyers call it the most significant “fraudulent move ever in United States history.”
Despite the legal jargon, J&J does not really believe that this bankruptcy will last. But it is a way of pushing this $8.9 billion settlement, and to keep the pressure on plaintiffs.
April 10 2023 Update Bloomberg has an interesting piece on a law that has been passed in New Jersey that is shedding new light on litigation funding in the class action lawsuit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) over talc products in exchange for a percentage of any settlements. J&J is now offering that it will pay $8.9 billion in settlements for all lawsuits.
The involvement of the funders is publicly available due to the New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The law is designed to respond to the increasing calls for regulation of litigation funders. J&J is facing more than 60,000 claims when you add up state and federal child powder-related lawsuits. Third-party funding for mass tort lawsuits has its pros and cons. There is no doubt that we are witnessing how third-party funding can level the playing field between individuals and big corporations in the courtroom.
April 4 2023 Update: It is interesting to watch the worm turn in this case. J&J took another hit this week when they were denied by the Third Circuit denied J&J’s request to maintain the automatic stay in the meantime that J&J appeals an order granting bankruptcy before the U.S. Supreme Court. The automatic stay has froze the cases of talcum powder in a number of years and stopped any new lawsuits from arising ever since J&J began the controversial plan to spin the talc liability into a bankrupt company over one year in the past. The dangers of talc. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal a few months ago, the stay was revoked. J&J wanted to see it continue in the meantime of its 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 odds that the Supreme Court is willing even to hear the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay being 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-related lawsuits were added to the MDL over the last month which brings the total number of pending cases up to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee is now demanding that be the U.S. Government Accountability Office (GAO) initiate an investigation into how much J&J products containing talc have cost the government over the years.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of not recognizing the risks of its talc products for long while tax dollars used to treat those who were injured through exposure to the product. The lawsuit comes just a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
The dangers of talc. J&J has to begin making fair settlement offers to victims to to put all of this behind it. This is a disgrace to one of the world’s greatest companies.
February 14 , 2023 Update: At a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation The dangers of talc. 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!