You May be Entitled to Significant Compensation Why is talc in baby powder. 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 dollars to US state AGs. Why Is Talc In Baby Powder .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of its larger $8.9 billion deal to settle allegations that its Baby Powder and other talc-based items cause cancer. Why is talc in baby powder.
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 sufferers in a bankruptcy settlement. Why is talc in baby powder. J&J has declared that its Talc products are safe and won’t cause cancer. The company is trying for the second time to end more than 38,000 cases in bankruptcy, and to prevent any new cases from being filed in the future.
The bankruptcy plan of LTL would pay $400 million to a separate trust for claims filed from state attorney generals claiming that J&J did not comply with laws against unfair business practices in the State of New York as well as consumer protection laws through misleading consumers about the security of its talc-based products.
Some states had started consumer protection lawsuits against J&J before LTL’s first bankruptcy filing prevented these investigations from progressing in 2021. Why is talc in baby powder. New Mexico and Mississippi had already brought suits with 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 filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy as well as cancer patients as well as The U.S. Justice Department’s bankruptcy watchdog, who have claimed that a lucrative firm like J&J is not eligible for bankruptcy protections intended for struggling debtors.
LTL’s first attempt at resolving the bankruptcy-related lawsuits was dismissed after similar arguments. The U.S. appeals court ruled in favor of LTL wasn’t in “financial financial distress” and thus not eligible under bankruptcy law. Why is talc in baby powder. LTL filed a second bankruptcy less than two hours after the decision to dismiss, arguing that the second bankruptcy was different because it had less money available and had a greater chance of securing the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of state law enforcement authorities by trying to unilaterally cap the liability of the company for state consumer protection laws.
Why Is Talc In Baby Powder
The filings of LTL’s latest bankruptcy proceedings also include additional details about the way in which the company will evaluate and settle cancer claims if the bankruptcy plan is approved.
The most significant payments under the settlement would be $500,000 for those diagnosed with mesothelioma that is terminal before the age of 45, and $260,000 for patients diagnosed with ovarian cancer that is terminal prior to age 45.
The proposed settlement will offer discounts based on the severity and type of the cancer, the person’s age, the history of talc use and other factors. Why is talc in baby powder. For example, a woman who used talc products weekly, had an ancestral history of ovarian cancer and was diagnosed with Stage II cancer of the ovary at age 55 might qualify for a $21,125 payout under the program.
Judge gives order to J&J and talc opponents take part in settlement talks.
Following another round of hearings in Johnson and Johnson’s efforts to utilize a Texas Two-Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed 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 founded by J&J to hold the claims–the company offered a settlement amounting to $8.9 billion. Why is talc in baby powder. While one firm representing plaintiffs supports the proposal, another group opposes the move.
The previous week, the opposition group, known as the Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition saying that LTL can not be considered in financial hardship.
“The filing is a desperate and legally ineffective attempt by a small number of law firms to try to prevent claimants from voting on the resolution plan–a plan the vast and growing majority of claimants support,” J&J’s litigation chief Erik Haas, said in an announcement. Why is talc in baby powder. “The law firms behind the filing are pursuing financial interests which are in conflict with, diverge from and contravene those of their clients. We will be submitting a response in the appeals court.”
Why is talc in baby powder. Clay Thompson, a lawyer for MRHFM which is home to more than mesothelioma patients who have filed lawsuits against J&J for bankruptcy, told J&J’s second bankruptcy attempt failed.
“J&J sends out press releases describing how fantastic its plan is, while insisting that the plan’s details, including what the individual sick individuals would be treated to,” Thompson said in the statement. “What do J&J have to keep secret?”
Kaplan has instructed both sides to create a reorganization plan, under the supervision from two mediators.
As of February 2022 Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would free J&J from the tens of thousands of claims over its talcum products.
In January of this year a federal appeals court overturned the ruling, ruling that the firm could not be considered to be in “financial trouble.”
After J&J’s make an appeal before the U.S. Supreme Court was denied in April, J&J declared bankruptcy two hours later. In response, Kaplan froze the lawsuits for 60 days to decide whether or not to approve an additional bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B cost of litigation involving talc.
In the two Chapter 11 attempts, J&J has purchased 19 months of which the cases were in limbo. Why is talc in baby powder. J&J wants the claimants to vote on accepting their settlement. J&J will require 75% approval for the deal to pass.
Alongside the group of talc lawyers who panned the company’s bankruptcy, the U.S. Trustee, a branch of the U.S. Department of Justice is also submitting a motion to dismiss LTL’s second bankruptcy case.
In a letter filed this week, U.S. trustee Andrew R. Vara wrote that the doors of bankruptcy courts are “open to honest but unfortunate debtors.” Those doors “are not available to anyone that lack a legitimate bankruptcy goal or who seek to use the bankruptcy process to hinder or delay their creditors.” Vara continued.
In its own words, J&J maintains there is no conclusive evidence that its talc products, including its 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 seeks to avoid the costly business of going to court. It has won the majority of the cases that were decided during trial, however, certain losses have been harsh.
A highly-publicized trial in Missouri produced an $4.7 billion verdict against the drug maker that was later reduced 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 talc trials that are either on appeal or have been concluded. In 41 trials 32 of them ended in an outcome for J&J or a mistrial, or plaintiff verdicts that were dismissed on appeal. Why is talc in baby powder. In addition, J&J in 2020 negotiated to settle nearly 1000 cases for $110 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Why Is Talc In Baby Powder
Our lawyers handle baby powder cases in every state. The talcum powder lawsuits for Johnson & Johnson have been ongoing for many years. Why is talc in baby powder. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient found in products such as Shower to Shower Powder along with Shower to Shower which can cause ovarian cancer in some women.
This page provides the J&J update on the talc power litigation and examines how the coming bankruptcy ruling will impact the final settlement amounts of the ovarian cancer lawsuits.
Have you reached the deadline by which you to bring a talcum lawsuit? Many who assume the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Why Is Talc In Baby Powder
June 2, 2023 Update: During the trial for asbestos-containing talc in California yesterday, some technical issues halted the opening speech of defense lawyers. Why is talc in baby powder. Jurors watching at home via Zoom but did not hear Johnson & Johnson’s lawyer expressing doubts about the 70s research affirming the presence of asbestos in their product prior to the session abruptly ended.
Meanwhile, the plaintiff had the opportunity to present its first expert witness Arthur Langer. Langer said that the presence of other minerals alongside talc is expected. He testified that his team advised J&J in 1971 of the presence of chrysotile asbestos in the company’s talc, albeit with less than 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update: Why is talc in baby powder. A trial for the first time since J&J made the decision to split its talc division, and then declare bankrupt marks an important moment in the ongoing talc lawsuit story. The trial began on Tuesday in the tragic case of a young 24-year-old plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma last year, which both sides of the argument agree is a harrowing tragedy.
Opening statements laid bare huge differences between the sides’ story. The attorney for the plaintiff took aim at Johnson & Johnson, alleging the use of misleading techniques in its research practices and throughout the litigation process. The attorney claims that, according to, the company tried to manipulate the definition of asbestos in spite of internal documents dating from 1978 and 1994 showing that asbestos fibers that were found in the tissue of the plaintiff are included.
Johnson & Johnson’s uncertain $8.9 billion settlement deal hangs in the balance as we progress of this trial. Despite the distinctive nature of this mesothelioma-related case and the unique issues it faces compared to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could cause an enormous setback for J&J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31st 2023 Update: Johnson & Johnson’s bankrupt talc business vigorously defended it’s second Chapter 11 filing in the facing challenges from injured talc claimants. In an objection submitted to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation differed fundamentally from the earlier filing. It also emphasized the unprecedented commitment to $8.9 billion in settlement from J&J, the largest settlement ever in the history of a mass tort bankruptcy. Why is talc in baby powder. It was not mentioned how the size of the settlement implies that it is a fair settlement. J&J also claimed that it received support from several plaintiffs’ legal firms that represent over 60,000 claimants. This is difficult to verify but is probably incorrect.
May 24 2023 Update: As of Johnson & Johnson’s 2021 bankruptcy filing, the very first trial regarding its cosmetic talc items allegedly that contain asbestos is scheduled to begin jury selection on Monday, May 24, California with Alameda County Superior Court, a historically good location for plaintiffs. The plaintiff claims his mesothelioma was triggered by asbestos exposure from J&J’s products which that the company does not deny. The trial also includes six retailers who are accused of selling talc-based products.
May 22, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are fighting over who should be appointed to the post of the future claims representative, a role that is critically critical to resolving Talc claims. Why is talc in baby powder. Randi Ellis, a lawyer who frequently appears in MDLs across the country was appointed as the claims representative in the initial bankruptcy. J&J’s defense team wants Ellis to be named to the position in the future, however lawyers representing the talc plaintiffs are objecting to the claim that Ellis has conflicts of interest that should prevent her from taking on that role once more. The conflict stems from the fact that Ellis was reportedly involved in the creation of the hotly disputable second bankruptcy, which raises questions about her capacity to be neutral. However, the reality is that this bankruptcy will likely to be dismissed regardless.
May 17, 2023 Update The pretend company that J&J put together for the talc litigation bankruptcy has informed the New Jersey bankruptcy court that they have set aside $400 million to settle claims made by states accusing the company of deceptive advertising for its talc-based products. Why is talc in baby powder. That’s an $8.5 billion settlement for cancer victims. It’s difficult to imagine an eventuality where J&J will be able to push the settlements of baby powder through with these numbers. While J&J’s $8.5 billion offer might seem like a lot of money initially, it may not look good when you do the math. The proposed settlement based on our estimates – will not pay victims much more than an average settlement $100,000 per instance. That is not enough.
May 15th 2023, Update J&J could be facing lawsuit by an advocacy group representing cancer victims. Why is talc in baby powder. The group claims J&J deliberately retracted an $61.5 billion funding agreement in conjunction with its affiliate, LTL Management LLC, in order to create a false sense of 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 the rights of victims’ compensation. They intend to investigate J&J’s actions following of the decision to dismiss LTL’s first bankruptcy case.
May 10 2023 Update: The following week this week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy filing by J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime this bankruptcy court has issued an Order calling for both parties to take part in a new settlement negotiation in the hope that a global settlement deal can brokered.
May 5 2023 Update: The talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Why is talc in baby powder. More than 2700 people have filed lawsuits against the company and the company was spending $1 million a month for legal defense. The company’s recent $29million verdict in South Carolina forced it to seek bankruptcy protection, arguing for equitable distribution of assets between talc claimants rather than being taken from the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of lawsuits.
May 4, 2023 Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume talks on settlement with lawyers who rejected Johnson & Johnson’s $8.9 billion agreement. It was in Trenton, New Jersey yesterday the parties gathered in court to discuss next steps in the second bankruptcy case and Judge Kaplan pushed more settlement talks.
This is the answer to settle these claims with J&J. A baby powder settlement can be completed. Why is talc in baby powder. But it’ll need more money, more billions of dollars – from Johnson & Johnson.
Lawyers have a split opinion on whether to take the proposal or not and not every client views this issue the same way their attorney does. Second bankruptcy cases are bound to go nowhere and Judge Kaplan has scheduled a hearing for June to determine whether to remove the bankruptcy after the second.
May 3, 2023 Update A group of cancer victims suing 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 the litigation surrounding talc-based products. The group representing the claimants filed a motion on Tuesday requesting the Third Circuit to consider their case and send it back an earlier court with instructions to discharge the bankruptcy. Why is talc in baby powder. They also asked that lawsuit against the halted torts of J&J should be permitted to proceed.
LTL 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 a $8.9 billion settlement. The committee argues that the recent ruling which allowed the 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 vice president for global litigation, Erik Haas, was quoted by Bloomberg as saying that J&J intends to file a formal response in the appeals court saying that the filing is an “desperate and legally deficient attempt” by a few of law firms with conflicting financial interests.
May 1st, 2023 Update: One question people keep asking is how plaintiffs and their lawyers be able to turn around $8.9 billion. Of course, it’s an immense amount of money. But there are plenty of victims. Why is talc in baby powder. These are an excellent claims for plaintiffs. We have been reminded of this recently in two talc trials which ended in large verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon was settled with a verdict in the amount of $18.1 million. A month later, another mesothelioma-related talc case went to hearing in South Carolina and resulted in a verdict of $29 million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. One of the top producers of talc in the U.S.
April 30 2023 Update: When J&J initially attempted to pull the lawsuit over talcum powder into bankruptcy, it did so with an offer to reserve $2 billion to settle the case. The sum was ridiculously low. The talc plaintiffs had not were in favor of the proposal. This time around, however, 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 large segment of the talc plaintiffs as well as their lawyers. Why is talc in baby powder. But 75% of the plaintiffs in the talc category, which is required for bankruptcy plan approval is a difficult road due to the sheer number of lawyers with massive inventory of baby powder litigations opposed against the proposed settlement.
What could solve the impasse? More billions.
April 25 2023 Update: Talc patients have sought a court order to dismiss their 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-powders caused cancer. Why is talc in baby powder. It was the 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not a candidate for bankruptcy relief as it failed to show financial trouble.
The plaintiffs argue that LTL’s third Chapter 11 case is an fraud on the bankruptcy system, and that it is being pursued in bad good faith. J&J says the bankruptcy settlement receives “significant support” from the firms that represent an estimated 60,000 claimants. It’s safe to say that lawyers representing plaintiffs and the victims are split over their disagreement over the $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that the firm sold a baby powder that contained a chemical that causes cancer. Even though trials for the talc lawsuits have been suspended for at least 60 calendar days and new lawsuits are able to be filed, and lawyers can begin preparing their cases. Why is talc in baby powder. Judges expressed skepticism about J&J’s absurd attempt to revive its strategy by filing the second bankruptcy case.
April 13 2023: Update on the major story is that there’s an $8.9 billion over the course of 25 years settlement offer. Lawyers representing cancer victims who are part of the MDL collective action vowed to fight the settlement along with Talc claimants. Why? They feel it’s too little money for the 70,000 victims who have cancer. Why is talc in baby powder. These lawyers argue that J&J could negotiate a greater settlement or pursue individual claims if the latest bankruptcy is dismissed.
There is a different group of lawyers outside of the top leadership in that class action. These lawyers have amassed many thousands of cases. This group wants to settle today with what they believe is lower than what the victims should be paid. Their argument appears to be two-fold. First, they argue that the settlement – about an average of $100,000 per plaintiff – is fair.
This argument isn’t easy to make. But their second argument has more substance: the victims will now not wait and they want their money now.
April 12 2023 Update: Many are seeking out how J&J could file for bankruptcy again. The answer is complicated and complicated. Let’s try to clarify it clearly.
Johnson & Johnson asserts that bankruptcy is the only option to resolve both current and future talc litigations in a definitive manner. Also, it thinks it can get a lower rate when there is the bankruptcy element which applies pressure to negotiate a settlement. Why is talc in baby powder. In a quest to cover the 400-year span of American past, the company argues that bankruptcy benefits all parties because it distributes settlements more equally and more efficiently than trial courts which are where litigants get significant award while others do not.
The gist in the 3rd Circuit decision was this is not a case – an enterprise that is profitable, forming subsidiaries to meet the legal responsibility and declare bankruptcy Congress thought of when drafting its Bankruptcy Code. However, it also stated it was not in financial distress because J&J assured it of unlimited funding.
So J&J took advantage of the unlimited funding aspect of the contract and didn’t make any promises to fund unlimited cases. The company claims that its modified financing arrangements with its subsidiary address the appeals court’s concerns, while providing funds for claims. As if offering victims less money will solve the underlying issue.
Attorneys representing cancer patients who do not agree with the agreement counter this with what you conclude is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole is not exempt: victims’ lawyers call this the biggest “fraudulent move that has occurred in United States history.”
In spite of the legal jargon, J&J does not really believe that this bankruptcy will last. But it’s a way of pushing this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10 2023 Update: Bloomberg provides an insightful article about a new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the baby powder suit for class actions. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) concerning talc products in exchange for a percentage of any winnings. J&J has now offered the payment of $8.9 billion to settle any lawsuits.
The involvement of funders is publicly available because of the New Jersey court rule requiring the release of certain details about funding sources outside of the. The rule aims to respond to the increasing calls for regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you take into account state and federal baby powder 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 as well as large corporations in court.
April 4 2023 Update: It’s interesting to watch the worm turning in this case. J&J suffered another setback this week, when they were denied by the Third Circuit denied J&J’s request to extend the automatic stay in the meantime that J&J appeals a bankruptcy decision in the U.S. Supreme Court. The automatic stay has froze thousands of talcum powder cases and stopped any the filing of new lawsuits ever since J&J launched the controversial attempt to spin talc-related liabilities into a bankrupt subsidiary more than a year earlier. Why is talc in baby powder. When the 3rd Circuit ruled that this bankruptcy was insufficient some months ago, the stay was revoked. J&J had hoped to have it remain in effect until hearing the SCOTUS appeal. But 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 odds that is that the Supreme Court is willing even to hear the appeal? Low.
March 16 2023 Update: with the bankruptcy stay now officially lifted, the very first new cases have been filed and transferred into the talcum powder class action MDL within a year. Seven new talc lawsuits were included in the MDL in the past month and brought the total number of cases pending to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) launch an investigation into how much J&J Talc products have cost the government over the many years.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of not recognizing the risks of its talc-based products for decades while tax dollars were spent on treating people who suffered injuries from exposure to the chemicals. The suit comes just a few days after J&J’s loss to the 3rd Circuit Court of Appeals.
Why is talc in baby powder. J&J must begin making reasonable settlements to victims, in order in putting this behind. This is a blemish on one of the greatest companies.
February 14 2023 Update: During an appearance today at the hearing 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 Why is talc in baby powder. 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!