You May be Entitled to Significant Compensation What makes talc dangerous. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed talc settlement would be worth $400 million to US state AGs. What Makes Talc Dangerous .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of a broad $8.9 billion plan to settle allegations that it’s Baby Powder as well as other talc items cause cancer. What makes talc dangerous.
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 sufferers in bankruptcy settlement. What makes talc dangerous. J&J has declared that its Talc products are safe, and will not cause cancer. J&J is seeking an additional time to conclude more than 38,000 lawsuits in bankruptcy and stop new cases from coming forward in the near future.
LTL’s bankruptcy plan will pay $400 million to an additional trust to settle claims filed in state courts by attorneys general claiming that J&J had violated state unfair business practices and consumer protection laws by misinforming consumers about the safety of its talc products.
Some states had started consumer protection actions against J&J prior to the time that LTL’s bankruptcy filing stopped those investigations from moving forward in 2021. What makes talc dangerous. New Mexico and Mississippi had already filed lawsuits for damages against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas according to court documents.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy along with cancer sufferers and the U.S. Justice Department’s bankruptcy watchdog, who have argued that a profitable business like J&J cannot benefit from bankruptcy protections intended for those struggling with debt.
The first attempt by LTL to resolve the bankruptcy lawsuits was dismissed after similar arguments. In the end, a U.S. appeals court decided it was not LTL did not have “financial distress” and thus not eligible of bankruptcy protection. What makes talc dangerous. LTL made a new bankruptcy application less than two hours after the dismissal, saying that the second bankruptcy was different as there was less money available and more backing for the possibility of settling.
New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates state law enforcement powers in attempting to unilaterally limit the liability of the company in state consumer protection laws.
What Makes Talc Dangerous
The filings of LTL’s latest bankruptcy proceedings also include additional details about how the company plans to evaluate and pay for cancer claims when the bankruptcy plan is approved.
The maximum amount under the settlement will be $500,000 for patients diagnosed with mesothelioma terminal prior to age 45 and $260,000 for people diagnosed with cancer of the ovary prior to age 45.
The proposed settlement offers discounts based on the nature and severity of the cancer, the person’s years of age, their history of using talc and other factors. What makes talc dangerous. For instance the case of a woman who used talc products weekly, had the family history of ovarian cancer and was diagnosed with the stage 2 ovarian cancer by age 55 may be eligible to receive a payout of $21,125 under the program.
Judge decides J&J and talc opponents discuss settlement negotiations.
After another round of hearings in Johnson &Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy to settle talc lawsuits and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the move to conduct 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. What makes talc dangerous. While one group of law firms representing plaintiffs agree with the offer, another group is against the settlement.
This week, the opposition group, known as the Official Committee of Talc Claimants requested the bankruptcy court to disqualify the petition by saying that LTL is not a factor financially distressed.
“The filing is a desperate and legally ineffective attempt by a few of law firms to stop claimants from deciding on the resolution, which the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. What makes talc dangerous. “The law firms involved in the filing are pursuing financial interests which conflict with, diverge from, and oppose the interests of their clients. We’ll soon submit a response to the appellate court.”
What makes talc dangerous. Clay Thompson, a lawyer for MRHFM that has more than 80 mesothelioma patients who have sued J&J claimed that J&J’s second bankruptcy effort will fail.
“J&J publishes press release about how wonderful the plan is but simultaneously requesting that details of the plan, such as what the individual sick individuals would receive–be kept secret,” Thompson said in a statement. “What does the company have to conceal?”
Kaplan has directed the parties to create a arrangement plan under the supervision from two mediators.
In February 2022, Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would free the company from the hundreds of thousands of claims regarding its talcum products.
In the month of January, a federal appeals court overturned the decision, ruling that the company was not able to be considered to be in “financial difficulty.”
After J&J’s challenge the U.S. Supreme Court was rejected at the end of April J&J was granted a second petition for bankruptcy roughly 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 an additional bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B the talc litigation cost.
With the Two Chapter 11 attempts, J&J has purchased 19 months of which cases were placed suspended. What makes talc dangerous. The company wants claimants to take a vote to accept their settlement. J&J needs 75% acceptance for the deal to pass.
In addition to the gang of talc lawyers who criticised LTL’s bankruptcy plan and the U.S. Trustee which is a division belonging to the U.S. Department of Justice, also filed motions to dismiss the second bankruptcy case of LTL.
In a letter filed this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest, but naive debtors.” The doors “are not available to anyone that do not have a legitimate reason or want to take advantage of 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 its popular baby powder can cause cancer. J&J has taken the products from the market and will first launch them in North America in 2020–and the rest of the world later this year.
J&J seeks to avoid the expense of going to trial. The company has won the majority of the cases that have been decided through trial, though some losses have been very severe.
A highly-publicized trial in Missouri ended in an $4.7 billion verdict against the drug maker 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 in appeal or concluded. In 41 trials 32 have ended in the favor of J&J, a mistrial or verdict of a plaintiff annulled on appeal. What makes talc dangerous. Separately, the company in 2020 negotiated to settle over 1,000 cases worth $110 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – What Makes Talc Dangerous
Our lawyers handle baby powder cases in every state. The lawsuits involving talcum powder against Johnson & Johnson have been ongoing for years. What makes talc dangerous. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient in products like Baby Powder and Shower to Shower as well as other products, may cause ovarian cancer among some women.
This page provides the J&J talc power litigation update and examines how the coming bankruptcy ruling will impact the final settlement amounts in the cases of ovarian cancer.
Did the deadline expire for you to start a lawsuit against talcum powder? Many people who think the time limit has expired to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or get a no-cost, quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – What Makes Talc Dangerous
June 2 2023 Update: At the asbestos talc case at the trial in California yesterday, a few technical issues halted the opening statements of the defense attorneys. What makes talc dangerous. Jurors watching from home via Zoom, did hear Johnson & Johnson’s lawyer expressing skepticism about the 70s science asserting the presence of asbestos in their product, but the session abruptly ended.
The plaintiff could present its first expert witness Arthur Langer. Langer said that the presence of other minerals with talc is expected. He also testified that his team advised J&J in 1971 of the presence of chrysotile asbestos the talc manufactured by the company, though in just 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update What makes talc dangerous. First trial after J&J has decided to separate its Talc division, and then declare bankrupt is a pivotal moment for the ongoing litigation saga. Trial started on Monday in the heartbreaking trial of a young plaintiff, diagnosed with a rare and aggressive type of mesothelioma in the past year, an illness that lawyers on both sides of the argument agree is a tragic loss.
Opening statements revealed the huge differences between the sides’ narrative. The attorney representing the plaintiff aimed his ire at Johnson & Johnson, alleging that the company employed deceitful techniques in its research practices and throughout the litigation process. According to the attorney, the company tried to manipulate the definition of asbestos, in spite of internal documents dating from between 1978 and 1994 that showed asbestos fibers found in tissues of the plaintiff are part of.
Johnson &J’s tangled $8.9 billion settlement proposal hangs in the balance with the course of this trial. Despite the unique nature of the mesothelioma trial and its distinctive issues in comparison to other talcum powder lawsuits, a verdict favoring the plaintiff could be an enormous setback for J&J’s hopes for broad acceptance of the settlement they have proposed among plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupt talc unit strongly defended it’s two-time Chapter 11 filing in the in the face of challenges from victims of talc injuries. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation was distinct from the earlier filing. It emphasized the unprecedented commitment to $8.9 billion by J&J the largest settlement ever in an bankruptcy case involving mass torts. What makes talc dangerous. There was no mention of how the size of the settlement signifies that it’s an equitable settlement. J&J also claimed that it received support from several plaintiffs’ legal firms that represent over sixty thousand claimants. This is difficult to verify but is probably incorrect.
May 24, 2023 Update: Since Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial involving the cosmetic talc products it claims to that contain asbestos is scheduled to start jury selection on Monday, California in Alameda County Superior Court, an historically reliable location for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure through J&J’s products and that the company denies. The trial also includes six retailers who are accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the second J&J Talc bankruptcy are currently fighting over who should be appointed to the post of future claims representative, a role that is critically essential in resolving the Talc claims. What makes talc dangerous. Randi Ellis, a lawyer who is frequently involved in MDLs across the country, was appointed as the claims representative in the previous bankruptcy. J&J’s defense team would like Ellis to be appointed to this position yet again, but the lawyers for the talc plaintiffs have raised objections on the grounds that Ellis has conflicts of interest which should stop her from being appointed to that post in the future. The dispute stems from reality that Ellis was apparently involved in the drafting of the highly contesting second bankruptcy, which raises questions about her capability to remain neutral. However, the reality is that this bankruptcy will likely to get dismissed anyway.
May 17, 2023 Update The pretend company J&J created for the talc litigation bankruptcy informed a New Jersey bankruptcy court that they have set aside $400 million to settle claims made by states accusing the company of misleading advertising for its talc products. What makes talc dangerous. So that makes it an $8.5 billion settlement for cancer victims. It is hard to imagine any scenario in which J&J could push the baby powder settlements given these numbers. While J&J’s $8.5 billion offer seems like a huge sum initially, it will not look good when you consider the math. The proposed settlement based on our rough calculations, would not provide victims with much more than a median settlement of $100,000 per case. It’s not enough.
May 15, 2023 update: J&J could be facing suit from an advocacy group representing cancer victims. What makes talc dangerous. The group claims that J&J intentionally withdrew an $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, to create the appearance of financial hardship and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of the right to compensation for victims. They plan to explore 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: The following week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy application from J&J subsidiary LTL Management. In the meantime, however, this bankruptcy court has issued an Order which requires both sides to take part in a new settlement mediation to see if a global settlement deal can come to fruition.
May 5th, 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer from asbestos exposure. What makes talc dangerous. Over 2,700 people have sued the firm and it has been paying $1 million per month to defend its legal position. The company’s most recent $29 million verdict in South Carolina forced it to file for bankruptcy protection, arguing for an equitable distribution of assets among talc claimants instead of being confiscated from the receiver. Other suppliers of talc have filed for bankruptcy due to litigation.
May 4 2023 Update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to relaunch talks on settlement with lawyers who have rejected the company’s proposed $8.9 billion agreement. The court in Trenton, New Jersey yesterday the parties gathered in court to discuss the next steps to take in this second case of bankruptcy and Judge Kaplan was pushing for more settlement discussions.
This is the solution to settle these claims for J&J. A baby powder settlement could get done. What makes talc dangerous. But it will require more money, more billions of dollars by Johnson & Johnson.
Lawyers are split on whether to take the proposal or not and not every client views the issue the same way their lawyer does. A second bankruptcy proceeding is expected to fail, as Judge Kaplan has scheduled a hearing for June to decide 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) requested to have J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation regarding talc-related products. The group of talc 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 dismiss the bankruptcy. What makes talc dangerous. They also asked that the stopped tort litigation against J&J be allowed to proceed.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied by the Third Circuit earlier this year and offered a $8.9 billion deal. The committee says that the recent ruling which allowed LTL’s 2nd Chapter 11 to continue, in addition to halting trials against J&J, warrants an immediate Third Circuit review. The US Trustee requested be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide 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 inadequate move” by a few of law firms that have conflicting financial interests.
May 1, 2023 Update: One most frequently asked question is how could plaintiffs and their lawyers turn off $8.9 billion. Of course, that is quite a sum. However, there are lots of victims. What makes talc dangerous. And these are really good arguments for plaintiffs. We were reminded recently by two talc-related trials that ended in large verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon ended in a verdict that was $18.1 million. In the same month, a different mesothelioma trial involving talc was held for trials in South Carolina and resulted in a verdict of $29million in favor of plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. One of the largest suppliers of talc in the U.S.
April 30th 2023 Update: In the year 2023, when J&J first tried to bring the litigation over talcum powder into bankruptcy, it did so with an offer to set aside $2 billion for settlements. The sum was ridiculously low. The talc plaintiffs had not supported the offer. This time, however, J&J has increased the offer to $8.9 If the talc plaintiffs accept a bankruptcy settlement and they also have the support of a substantial section of the talc victims and their attorneys. What makes talc dangerous. But with 75% of plaintiffs in the talc category, which is required to approve bankruptcy plans It’s a long and difficult process due to the sheer number of lawyers with huge inventory of baby powder lawsuits opposed towards the agreement.
What could solve the impasse? More billions.
April 25, 2023, Update Talc cancer claimants have sought a court order to dismiss the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, insisting that the company is not financially strained. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. What makes talc dangerous. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible to receive bankruptcy relief because it had not demonstrated financial distress.
The claimants argue that the 2nd Chapter 11 case is an abuse of the bankruptcy system and that the case is being handled in bad good faith. J&J states that the bankruptcy settlement receives “significant support” from firms representing about 60,000 potential people who are claiming. It’s safe to say plaintiffs’ lawyers and the victims are split over their disagreement over the $8.9 billion deal.
April 21st, 2023 Update: A bankruptcy judge decided in favor of Johnson & Johnson must face new lawsuits alleging that the company offered a baby powder with a contaminant that caused cancer. Although trials for the lawsuits involving talc are delayed for at least 60 days and new lawsuits are able to be filed, and lawyers will begin preparing their cases. What makes talc dangerous. Judges expressed skepticism about J&J’s pathetic attempt to revive its plan with a second bankruptcy case.
April 13 2023 Update: major story is that there’s an $8.9 billion over 25 years of settlement. Lawyers representing cancer patients who are part of the MDL class action have vowed to fight the settlement with those who claim talc. Why? They believe it’s not enough to pay for those suffering from cancer who are 70,000. What makes talc dangerous. They argue that J&J should seek a bigger settlement or settle individuals’ claims if the current bankruptcy is dismissed.
But there is another group of lawyers that is not part of the top leadership in that class action. The lawyers collectively have accumulated hundreds of thousands of cases. They want to settle the case now for what is believed to be lower than what the victims should be paid. The argument they make is twofold. First, they argue that the settlement of around an average of $100,000 per plaintiff – is fair.
This argument isn’t easy to make. The second argument is more force: victims should no longer wait and want their money today.
April 12, 2023 Update: People are asking how J&J could file for bankruptcy again. The answer is complicated and convoluted. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to deal with both present and future talc-related lawsuits definitively. It believes it can pay less in the event of an element of bankruptcy that puts pressure for a settlement. What makes talc dangerous. Driving past 400 years of American history, the firm believes that bankruptcy is beneficial to all parties by distributing settlements more equally and efficiently than trial courts, where some litigants receive significant payouts, while others are left with nothing.
The main thrust of the 3rd Circuit decision was this is not a case of the profit-making company that has an entity to assume the legal burden and declare bankruptcy – something Congress had in mind when it came to drafting the Bankruptcy Code. It also clarified that the subsidiary was not in financial crisis due to the fact that J&J assured it of unlimited funding.
Thus, J&J did not hesitate to take advantage of the unlimited funding portion of the agreement but did not pledge that it would provide unlimited funds for lawsuits. The company claims that revised financing arrangements with its subsidiary address the appeals court’s concerns, while offering funds to pay claims. It’s as if giving victims less money will solve the overall issue.
Attorneys representing cancer patients who oppose the deal counter this argument by saying that it is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s decision. Hyperbole is not exempt the lawyers representing victims call it the most significant “fraudulent move of assets in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. But it is a way to push for this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10, 2023 Update: Bloomberg has an interesting article on a new law of New Jersey that is shedding new light on the funding of litigation in the Class action suit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) over talc products in exchange for a portion of any winnings. J&J has now offered the payment of $8.9 billion to settle lawsuits.
The funders’ involvement is publicly available because of a New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rule aims to respond to the increasing calls for regulation of litigation funders. J&J is facing more than 60,000 claims when you add up federal and state baby powder lawsuits. Third-party funding for mass tort lawsuits has both pros and cons. However, there is no doubt that we are seeing how third-party funding could level the playing field between people and big corporations in court.
April 4 2023 Update: It is enjoyable to see the worm turn in this litigation. J&J took another hit this week, when it was found that the Third Circuit denied J&J’s request to keep the automatic stay in place during the time that J&J appeals a bankruptcy ruling at the U.S. Supreme Court. It has frozen hundreds of cases involving talcum powder and stopped any new lawsuits from arising ever since J&J initiated the controversial effort to spin talc-related liabilities off into a bankrupt subsidiary more than a year in the past. What makes talc dangerous. When the 3rd Circuit ruled that this bankruptcy was not valid a few months ago, the stay was lifted. J&J was hoping to have it continued pending its SCOTUS appeal. But, 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 16 2023 Update: With the bankruptcy stay now fully lifted, the first new cases were filed and incorporated into the talcum powder class action MDL in over one year. Seven new talc lawsuits were added to the MDL during the month of March which brings the total number of cases pending to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now 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 decades.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the dangers of its talc product for long while tax dollars spent treating those injured by exposure to the chemicals. The lawsuit comes just a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
What makes talc dangerous. J&J should begin to make reasonable settlements to victims to getting this behind it. It is a stain on one of the most prestigious businesses.
February 14 2023 Update: During the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation What makes talc dangerous. 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!