You May be Entitled to Significant Compensation What talc is safe. 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 provide $440 million US state AGs. What Talc Is Safe .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its wider $8.9 billion plan to settle claims that its Baby Powder as well as other talc products cause cancer. What talc is safe.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay different types of cancer victims in a bankruptcy settlement. What talc is safe. J&J has stated that its Talc products are safe and will not cause cancer. The company is trying for another time to settle more than 38,000 cases in bankruptcy, as well as prevent new lawsuits from arising in the future.
The bankruptcy plan of LTL would pay $400 million into an additional trust to settle claims filed from state attorney generals claiming that J&J violated state unfair business practices as well as consumer protection laws by misinforming consumers regarding the security of its talc-based products.
Some states had started consumer protection lawsuits against J&J prior to LTL’s bankruptcy filing prevented these investigations from moving forward in 2021. What talc is safe. New Mexico and Mississippi had already initiated actions in the past against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court papers.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL along with cancer sufferers as well as The U.S. Justice Department’s bankruptcy watchdog. They argue that a profit-making company such as J&J can’t benefit from bankruptcy protections designed for people with debt problems.
The first time LTL attempted to settle the bankruptcy lawsuits was dismissed after similar arguments. In the end, a U.S. appellate court determined it was not LTL was not in “financial trouble” and was not eligible to receive bankruptcy relief. What talc is safe. LTL made a new bankruptcy application just over two hours after the decision to dismiss, arguing that the second bankruptcy was different due to the fact that it had less money and more support for the settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement powers in attempting to unilaterally limit the company’s liability for state consumer protection measures.
What Talc Is Safe
LTL’s filings for the new year also contained more details on how the company would evaluate and settle cancer claims when the bankruptcy plan is approved.
The highest payments under the settlement will be $500,000 for those diagnosed with terminal mesothelioma before the age of 45, and $260,000 for people diagnosed with terminal ovarian cancer prior to age 45.
The proposed settlement applies discounts depending on the severity and type of cancer, an individual’s years of age, their history of the use of talc, and other aspects. What talc is safe. For example, a woman who used talc products weekly, had an ancestral history of ovarian cancer and was diagnosed stage II ovarian cancer at the age of 55 could be in line to receive a payout of $21,125 according to the plan.
Judge ordains J&J and talc oppositionists to discuss settlement negotiations.
Following another hearing in Johnson & Johnson’s effort to use a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the strategy to engage in negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary set up by J&J to handle the claims company proposed a settlement of $8.9 billion. What talc is safe. While a firm representing plaintiffs is in favor of the offer, another group is against the settlement.
This week, the opposition group, dubbed the Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition asserting that LTL is not a factor in financial hardship.
“The filing is a desperate and legally ineffective attempt by a handful of law firms to try to block 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. What talc is safe. “The law firms involved in the filing are pursuing financial interests which do not align with, differ from and are in opposition to the interests that their customers. We’ll submit an appeal before the court of appeals.”
What talc is safe. Clay Thompson, a lawyer for MRHFM who has more than 80 mesothelioma clients who have filed lawsuits against J&J and J&J, has said that the second bankruptcy attempt of J&J is likely to fail.
“J&J issues press releases about how great its plans are, but is insisting that the details of its plan–including the treatment the individual sick individuals would receive — be kept private,” Thompson said in a statement. “What do J&J have to keep secret?”
Kaplan has instructed both sides to create a strategy for reorganization, under the supervision by two mediators.
On February 20, 2022 Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that will free the company from the tens of thousands of claims regarding its talcum products.
But in the month of January, a federal appeals court overturned the ruling, ruling that the company was not able to be considered in “financial trouble.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was turned down at the end of April J&J applied for its first bankruptcy just two hours later. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to accept to file for bankruptcy again.
J&J’s unstoppable profit machine sputters after $6.9B settlement charge for talc.
With the 2 Chapter 11 attempts, J&J has been able to buy 19 months in which cases were placed suspended. What talc is safe. The company would like claimants to decide whether they want to accept the settlement. J&J will require 75% acceptance for the deal to go through.
In addition to the team of talc attorneys who have panned the company’s bankruptcy and the U.S. Trustee which is a division of the U.S. Department of Justice, also filed an appeal to dismiss LTL’s second bankruptcy case.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest but unfortunate debtors.” Those doors “are not available to anyone that don’t have a legitimate bankruptcy objective or seek 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 products containing talc, such as its famous baby powder, cause cancer. J&J has adopted the products of the market–first on North America in 2020–and the rest of the world this year.
J&J seeks to avoid the costly business of going to court. The company has won the majority of cases that were decided in court, however some losses have been harsh.
A well-known trial in Missouri ended in an $4.7 billion verdict against the drugmaker and was later lowered to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine trial involving talc that are appealing or resolved. Out of 41 trials, 32 ended with the favor of J&J, a mistrial or verdict for a plaintiff that was overturned after appeal. What talc is safe. In addition, J&J in 2020 sought to settle nearly 1,000 cases worth the sum of $100 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – What Talc Is Safe
Our lawyers handle baby powder lawsuits across every state. The talcum powder lawsuits on behalf of Johnson & Johnson have been ongoing for many years. What talc is safe. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in many products, including Shower to Shower Powder or Shower to Shower and Shower to Shower, could cause cancer of the ovary in certain women.
This page provides the J&J Talc Power litigation update and discusses how the upcoming bankruptcy ruling will affect the final settlement amounts in these Ovarian Cancer lawsuits.
Is the deadline for you to make a claim for talcum powder? Many who believe the time limit has expired to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – What Talc Is Safe
June 2 2023 Update: At the asbestos talc case at the trial in California yesterday, technical issues halted the opening statement by the defense lawyers. What talc is safe. The jurors, attending from their homes via Zoom however, heard Johnson and Johnson’s lawyer express doubt about the science of the 70s that claimed asbestos was present in their product before the proceedings abruptly ended.
The plaintiff had the opportunity to introduce its first expert witness Arthur Langer. Langer stated that the presence of other minerals alongside talc is expected. He claimed that his group had notified J&J in the year 1971 about the presence of chrysotile asbestos in the company’s talc, albeit in just 0.1 percent. He also uncovered more asbestos in the year 1976.
June 1, 2023 Update: What talc is safe. This is the first court trial that has taken place since J&J has decided to separate its Talc division, and then declare bankrupt is an important turning point of the ongoing lawsuit story. Trial started on Monday in the tragic case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma last year, an illness that lawyers on both sides agree is a tragedy of a different kind.
The opening statements exposed the huge differences between the sides’ narrative. The attorney representing the plaintiff aimed his ire at Johnson & Johnson, alleging the use of deceptive methods in their research practices as well as throughout the litigation procedure. As per the lawyer, Johnson & Johnson attempted to alter the definition of asbestos in spite of internal documents from 1978 and 1994 showing that asbestos fibers that were found in the tissue of the plaintiff are included.
Johnson & Johnson’s precarious $8.9 billion settlement proposal hangs in the balance with the development of the trial. Despite the distinct nature of this mesothelioma-related case and its unique challenges compared to other lawsuits involving talcum powder, a verdict favoring the plaintiff could be a serious setback to J&J’s hope of gaining broad acceptance for their proposed settlement with plaintiffs.
May 31st 2023 Update: Johnson and Johnson’s bankrupt talc business was able to defend its Second Chapter 11 filing in the opposition of the talc injury plaintiffs. In an appeal to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the case differed fundamentally from the first filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion in settlement from J&J, the largest settlement ever made in a mass tort bankruptcy case. What talc is safe. The issue is not discussed: whether the amount of the settlement signifies that it’s an equitable settlement. J&J also claimed support from various plaintiffs’ law firms representing over sixty thousand claimants. This is hard to verify but likely incorrect.
May 24 2023 Update: As of Johnson &J Johnson’s bankruptcy filing, the first trial concerning its cosmetic talc products allegedly comprised of asbestos is set to commence jury selection on Monday, May 24, California in Alameda County Superior Court, an historically reliable place for plaintiffs. The plaintiff claims his mesothelioma was caused by asbestos exposure in J&J’s product and J&J denies. The trial also involves six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are in a dispute over who should be appointed to the post of future claims representative, the role is crucially essential in resolving the talc claims. What talc is safe. 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 that role and again, but attorneys for the talc plaintiffs are objecting on the grounds that Ellis has a conflict of interest that should prevent her from assuming that position for the second time. This conflict is rooted in the issue that Ellis was apparently involved in the drafting of the highly contesting second bankruptcy, which raises doubts regarding her capacity to remain neutral. It’s true that this bankruptcy is likely to be tossed out anyway.
May 17th, 2023 Update: The pretend company that J&J formed to settle the talc litigation bankruptcy told a New Jersey bankruptcy court that they have set aside $400 million to settle the allegations made by states who accuse the company of deceptive advertising for its talc-based products. What talc is safe. This amounts to an $8.5 billion settlement to cancer victims. It is hard to imagine the scenario in which J&J will be able to push the baby powder settlements at these numbers. While J&J’s $8.5 billion offer seems like a lot initially, it will not look great after you calculate the figures. This settlement proposal – by our rough calculations – would not offer victims anything more than a median settlement of $100,000 per case. This isn’t enough.
May 15th, 2023 update: J&J is potentially facing a suit from an advocacy group that represents cancer victims. What talc is safe. The group contends that J&J deliberately retracted an $61.5 billion financing agreement that it had with its company subsidiary LTL Management LLC, in order to create a false sense of financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group argues that this act is a fraud transfer of the victims’ compensation rights. They will investigate J&J’s actions after the announcement of the decision to dismiss LTL’s first bankruptcy suit.
May 10 2023 Update: During the next week in the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy petition filed from J&J subsidiaries LTL Management. However, in the meantime this bankruptcy court has issued an Order calling for both parties to take part in a settlement mediation to see if the global settlement can be brokered.
May 5th 2023 Update: The talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. What talc is safe. Over 2700 people have sued the company and it has been paying $1 million per month on legal defense. The company’s most recent $29 million settlement in South Carolina forced it to seek bankruptcy protection, arguing that assets should be distributed in an equitable manner between talc claimants rather than being seized from the receiver. Other suppliers of talc have 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 reopen talks with lawyers who rejected the company’s $8.9 billion settlement offer. The court in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps in this second case of bankruptcy. Judge Kaplan encouraged further settlement talks.
This is the answer to settle these claims for J&J. A settlement for baby powder can be achieved. What talc is safe. But it’ll need more money – more billions of dollars – by Johnson & Johnson.
Lawyers are divided over whether or not to agree with the proposal and not every client sees the situation the same way their lawyer views it. A second bankruptcy proceeding is expected to go nowhere the judge Kaplan has set a date for a hearing in June to decide whether to remove the bankruptcy after the second.
May 3, 2023 Update: A group of cancer patients suing Johnson & Johnson (J&J) requested to have the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation involving talc products. The committee representing talc claimants made a motion Tuesday requesting for the Third Circuit to consider their appeal and return the case an earlier court, with instructions for dismissing the bankruptcy. What talc is safe. They also requested that the stoppage of tort litigation against J&J allow the litigation to continue.
LTL has filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected by the Third Circuit earlier this year and offered an $8.9 billion settlement. The committee says that the recent ruling which allowed LTL’s third Chapter 11 to continue, while also halting trials against J&J and J&J, requires the immediate Third Circuit review. The US Trustee also asked 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 saying that J&J plans to file a response in the appeals court calling the request a “desperate and legally inadequate effort” by a few of law firms that have conflicting financial interests.
May 1st 2023 Update: A common question that people ask is how the plaintiffs’ lawyers and their clients turn around $8.9 billion. Of course, that’s quite a sum. However, there are lots of victims. What talc is safe. They are a great arguments for plaintiffs. We have been reminded of this recently with two talc trials led to huge verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon was settled with a verdict worth $18.1 million. The following month, a second mesothelioma-related talc case went to hearing at South Carolina and resulted in a verdict of $29million on behalf of the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc., one of the largest suppliers of talc within the U.S.
April 30th, 2023 Update: When J&J initially tried to take the talcum powder lawsuit into bankruptcy, it did so with the option of putting aside $2 billion to settle the case. The amount was absurdly low. There was no one among the talc victims who supported the proposal. This time, J&J has increased the offer to $8.9 If the talc plaintiffs will allow a bankruptcy settlement and also has the support of a substantial portion of the talc plaintiffs and their lawyers. What talc is safe. But 75% of the plaintiffs who are a talc, which is required to approve bankruptcy plans is not an easy task with so many lawyers with vast collections of baby powder litigations opposed towards the agreement.
What is the solution to this impasse? More billions.
April 25, 2023 Update Talc cancer claimants have demanded a judge reject their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. What talc is safe. The 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not a candidate for bankruptcy relief as it failed to show financial difficulties.
The claimants contend that LTL’s 2nd Chapter 11 case is an abuse of the bankruptcy system and that it’s being conducted in bad good faith. J&J asserts that the bankruptcy settlement is backed by “significant backing” from companies representing around 60,000 people who are claiming. It’s safe to say that lawyers representing plaintiffs and the victims are split over the $8.9 billion amount of settlement offered.
April 21st, 2023 Update: A bankruptcy judge ruled in favor of Johnson & Johnson must face new lawsuits claiming that the company sold a baby powder that contained a chemical that causes cancer. Although trials for the talc lawsuits have been suspended for at least 60 days, new lawsuits can be filed and lawyers are able to begin preparing their cases. What talc is safe. The judge expressed his doubts about J&J’s pathetic attempt to revive its strategy with the second bankruptcy case.
April 13th 2023 Update: The biggest story is that there’s an $8.9 billion over 25 years offer for settlement. Lawyers representing cancer patients who are part of MDL class action MDL collective action vowed to challenge the settlement those who claim talc. Why? They argue that it’s not enough to pay for 70 000 cancer patients. What talc is safe. The lawyers say that J&J should seek a bigger settlement or pursue individual claims if the most recent bankruptcy is declared unconstitutional.
However, there is a second group of lawyers that is not part of the leadership of that class action. The lawyers collectively have accumulated tens of thousands of cases. This group wants to settle the case now with what they believe is far less than what these victims deserve. Their argument is two-fold. First, they argue the settlement of around an average of $100,000 per plaintiff is fair.
This is an argument that is difficult to prove. But their second argument has more force: the victims can not afford to wait any longer and need the money immediately.
April 12 2023 Update: Some people are looking for ways J&J can go through bankruptcy again. The answer is complex and complicated. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to deal with both present and future talc lawsuits conclusively. Also, it believes that it will be less expensive should there be a bankruptcy element that creates pressure to settle. What talc is safe. In a quest to cover 400 years of American history, the company argues that bankruptcy benefits all parties because it distributes settlements more equally and efficiently than trial courts, where some litigants receive significant award while others do not.
The gist of the 3rd Circuit decision was this is not a case of one that makes a profit, but subsidiaries to meet the legal burden and declare bankruptcy – something Congress had in mind when it came to drafting the Bankruptcy Code. However, the court also ruled the company was financially crisis due to the fact that J&J assured it of unlimited funding.
Thus, J&J did not hesitate to take advantage of the funding unlimited part of the contract and didn’t promise that it would provide unlimited funds for the litigation. The company claims that its new financing agreements with its subsidiary will address concerns of the appeals court while offering funds to pay claims. It’s as if giving victims less money would solve the problem at hand.
Attorneys representing cancer patients who are against the agreement argue this with what you conclude is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier decision. Hyperbole was not spared: victims’ lawyers call it the biggest “fraudulent move ever in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe this bankruptcy will be able to last. But it is a way to push for this $8.9 billion settlement and keep pressure on plaintiffs.
April 10, 2023, Update Bloomberg has an interesting piece on a law that has been passed of New Jersey that is shedding new light on litigation funding in the suit for class actions. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any settlements. J&J is now willing the payment of $8.9 billion to settle all lawsuits.
The involvement of the funders is public information because of an New Jersey court rule requiring the release of certain details about funders outside the state. The law is designed to respond to the increasing calls for the regulation of lawsuit funders. J&J is facing more than 60,000 claims when you combine state and federal Baby Powder lawsuits. Third-party financing in mass tort cases has its pros and pros and. However, there is no doubt that we are witnessing how third-party financing can help level the playing field for individuals and big corporations in the courtroom.
April 4, 2023 Update: It’s fun to watch the worm turn in this lawsuit. J&J took another hit this week when an appeals court in the Third Circuit denied J&J’s request to maintain the automatic stay in the meantime that J&J appeals a bankruptcy decision to the U.S. Supreme Court. It has froze the cases of talcum powder in a number of years and stopped any new lawsuits from arising ever since J&J initiated the controversial effort to spin the talc debts into a bankrupt subsidiary over one year in the past. What talc is safe. When the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was lifted. J&J had hoped to have it continue in the meantime of 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 is that the Supreme Court is willing even to hear the appeal? Low.
March 16 2023 Update: with the bankruptcy stay having been fully lifted, the first new cases were filed and incorporated into the class action for talcum powder MDL in the space of a 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 This morning, a Congressmen from Tennessee is now requesting that the U.S. Government Accountability Office (GAO) launch an investigation to determine how much J&J talc products have cost the government in the many years.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of not recognizing the risks of its talc product for many years, while tax dollars were utilized to treat people injured by exposure to the chemicals. The demand comes just weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
What talc is safe. J&J must begin making reasonable settlement offers to victims to in putting this behind it. This is a blemish on one of the top businesses.
February 14 , 2023 Update: At an appearance 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 talc is safe. 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!