You May be Entitled to Significant Compensation Why is talc so bad. 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 make payments of 400 million dollars to US state AGs. Why Is Talc So Bad .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its larger $8.9 billion settlement of claims that its Baby Powder and other talc ingredients cause cancer. Why is talc so bad.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company will pay various types of cancer victims in an arrangement for bankruptcy. Why is talc so bad. J&J has stated that its Talc products are safe and don’t cause cancer. It’s trying for a second time to resolve more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from coming forward in the future.
LTL’s bankruptcy plan would pay $400 million to a separate trust for claims filed by state attorneys general claiming that J&J had violated state unfair business practices as well as consumer protection laws, by deceiving consumers regarding the dangers of its talc products.
A number of states had already initiated consumer protection measures against J&J prior to the first bankruptcy filing stopped those investigations from progressing in 2021. Why is talc so bad. New Mexico and Mississippi had already launched suits with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court filings.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL in a joint move with cancer victims and their counterparts from the U.S. Justice Department’s bankruptcy watchdog. They have claimed that a lucrative firm like J&J does not qualify for bankruptcy protections intended for those struggling with debt.
The first attempt by LTL to resolve the bankruptcy-related lawsuits was rejected after the same arguments. In the end, a U.S. appellate court ruled it was not LTL wasn’t in “financial trouble” and ineligible to receive bankruptcy relief. Why is talc so bad. LTL had filed for bankruptcy again in just two hours following the decision to dismiss, arguing that its second attempt was different because it had less money and had more support for an agreement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s latest bankruptcy violation of state law enforcement powers by attempting unilaterally to cap LTL’s liability to state consumer protection measures.
Why Is Talc So Bad
LTL’s filings for the new year also contained more information on how the company would evaluate and pay for cancer claims in the event that the bankruptcy plan is approved.
The largest amount of money under the settlement would be $500,000 for people diagnosed with mesothelioma terminal prior to the age of 45, and $260,000 for those diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement provides discounts based on the type and severity of the cancer, the person’s age, the history of talc use and other factors. Why is talc so bad. For example someone who regularly used talc products on a weekly basis, who had the family history of ovarian cancer, and was diagnosed with stage II ovarian cancer at age 55 might qualify to receive a payment of $21,125 according to the plan.
Judge ordains J&J and talc opponents take part in settlement talks.
After another round of hearings in Johnson & Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the strategy to engage in settlement talks, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL management, a subsidiary founded by J&J to handle the claims company made a settlement offer of $8.9 billion. Why is talc so bad. While a group of law firms representing plaintiffs is in favor of the deal, another group is against the settlement.
Earlier this week, the opposition group, called”the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss this case by saying that LTL is not considered to be in financial distress.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to try to prevent claimants from voting on the resolution plan–a plan that the overwhelming majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. Why is talc so bad. “The law firms behind the filing are pursuing financial interests which conflict with, contradict and infringe on the rights that their customers. We’ll be submitting an appeal to the appellate court.”
Why is talc so bad. Clay Thompson, a lawyer for MRHFM that has more than 80 mesothelioma victims who have sued J&J and J&J, has said that J&J’s second bankruptcy effort will fail.
“J&J sends out press releases about how wonderful its plan is, while demanding that plan details–including what individuals with illnesses would be treated to,” Thompson said in an announcement. “What does the company have to keep secret?”
Kaplan has instructed both sides to develop a new reorganization plan, under the supervision by two mediators.
The court in February of 2022 Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would relieve J&J from the hundreds of thousands of claims regarding its talcum products.
In January of this year, an appeals court in the United States overturned the decision, ruling that the company could not be considered in “financial financial distress.”
After J&J’s make an appeal before the U.S. Supreme Court was dismissed on April 1, J&J filed for its second bankruptcy two hours after. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether to allow the second bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B settlement charge for talc.
Through 2 Chapter 11 attempts, J&J has purchased 19 months of which cases have been on hold. Why is talc so bad. The company is requesting that claimants accept their settlement. J&J would need 75% support for the deal to pass.
In addition to the group of talc attorneys who have panned the company’s bankruptcy and the U.S. Trustee, a branch belonging to the U.S. Department of Justice is also submitting a motion 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.” These doors “are not available to anyone that don’t have a legitimate bankruptcy goal or who seek to use the bankruptcy process to hinder or delay their creditors,” Vara continued.
On the other hand, J&J maintains there is no evidence conclusive that its talc products, including its famous baby powder, cause cancer. J&J has adopted the products from the market and will first launch them to be available in North America in 2020–and the rest of the world next year.
J&J intends to steer clear of the cost of going to court. The company has won most of the cases decided through trial, though some losses have been harsh.
A highly-publicized trial in Missouri produced an $4.7 billion verdict against the drug maker 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 cases involving talc, which are on appeal or have been decided. In 41 trials 32 have resulted in a win by J&J, a mistrial or plaintiff verdict that was dismissed after appeal. Why is talc so bad. The company also 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 – Why Is Talc So Bad
Our lawyers handle the baby powder litigation in every state. The talcum powder lawsuits against Johnson & Johnson have been in the process for several years. Why is talc so bad. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient found in products such as baby Powder along with Shower to Shower as well as other products, may cause ovarian cancer among some women.
This page gives a J&J talc power litigation update and examines how the coming bankruptcy ruling affects the final settlement amounts of these ovarian cancer lawsuits.
Have you reached the deadline by which you to bring a talcum lawsuit? Many who believe that the time limit has expired to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Why Is Talc So Bad
June 2 2023 Update: In the trial for asbestos-containing talc in California yesterday, a few technical issues disrupted the opening statement by the defense lawyers. Why is talc so bad. Jurors from home via Zoom, did hear Johnson &Johnson’s lawyer express doubt about the science of the 70s that claimed asbestos was present in their product, but the trial was abruptly closed.
The plaintiff had the opportunity to present their first witness, Arthur Langer. Langer stated that the presence of additional minerals along with talc is expected. He testified that his team advised J&J in the year 1971 of the presence of chrysotile asbestos within the talc of the company, but at less than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update: Why is talc so bad. This is the first court trial that has taken place since J&J decided to spin off its talc division and declare bankruptcy is an important moment within the ongoing litigation drama. The trial began on Tuesday in the tragic trial of a young plaintiff who was diagnosed with a rare and aggressive form of mesothelioma in the past year, an illness that lawyers on both sides of the argument agree is a tragic loss.
The opening statements exposed the huge differences between the sides’ story. The attorney representing the plaintiff took aim at Johnson & Johnson, alleging that the company employed deceitful strategies in its research practices as well as throughout the litigation procedure. As per the lawyer Johnson & Johnson tried to alter the definition of asbestos, despite internal documents from 1998 and 1994 that show fibers discovered in the tissue of the plaintiffs are included.
Johnson & Johnson’s uncertain $8.9 billion settlement deal hangs in the balance with the progression of this trial. Despite the distinct nature of this mesothelioma case and its distinct issues compared to other lawsuits involving talcum powder, a verdict favoring the plaintiff could inflict an enormous setback for J&J’s hope of gaining broad acceptance for their proposed settlement with plaintiffs.
May 31 2023: Update from Johnson and 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 an objection submitted to the New Jersey bankruptcy court, the company argued that the case was vastly different from the prior filing. It highlighted the extraordinary commitment to $8.9 billion to J&J as the largest settlement ever in any bankruptcy case that involves mass tort. Why is talc so bad. There was no mention of how the size of the settlement indicates that it is an equitable settlement. J&J also claimed that it received support from several plaintiffs’ legal companies representing over sixty thousand claimants. This is difficult to verify but it’s likely to be false.
May 24, 2023 Update: Since Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial on its cosmetic talc products that are believed to with asbestos content is scheduled to start jury selection on Monday in California within the Alameda County Superior Court, the most favored jurisdiction for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure in J&J’s product which J&J does not deny. The trial also includes six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are disputing who should be appointed to the role of a future claims representative. This is an important role essential in resolving the Talc claims. Why is talc so bad. Randi Ellis, a lawyer who regularly appears in MDLs across the country, was appointed as the claims representative in the initial bankruptcy. J&J’s defense attorneys want Ellis to be appointed to that role again, but lawyers for the plaintiffs in talc are arguing due to the fact that Ellis has an unrelated conflict of interest that would prevent her from assuming that position once more. This conflict is rooted in the reality that Ellis was apparently involved in drafting the hotly contesting second bankruptcy, raising doubts about her capacity to be neutral. In reality, the bankruptcy will be dismissed in the end.
May 17, 2023 Update: The pretend company J&J formed for the talc litigation bankruptcy told an New Jersey bankruptcy court that they had allocated $400 million to pay the claims of states that accuse the company of misleading advertising for its talc products. Why is talc so bad. It’s a $8.5 billion settlement to cancer victims. It’s difficult to imagine the scenario in which J&J could push the baby powder settlements at these numbers. While J&J’s $8.5 billion offer sounds like a lot at first, it does not appear appealing when you consider the math. The settlement plan based on our estimates – will not provide victims with much more than $100,000 per case. This isn’t enough.
May 15th, 2023 Update: J&J might be facing lawsuit by an advocacy group representing cancer patients. Why is talc so bad. The group claims J&J deliberately retracted a $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 verify the unit’s Chapter 11 bankruptcy filing. The group claims this decision is a fraud transfer of right to compensation for victims. They plan to explore J&J’s actions after the announcement of the decision to dismiss the LTL’s bankruptcy case in its first instance.
May 10, 2023 Update: Next week this week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to reject the second bankruptcy filing by J&J company LTL Management. In the meantime, however the bankruptcy has issued an order requiring both sides to take part in a second settlement mediation to see if it will be possible to reach a global settlement agreement reached.
May 5, 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer through asbestos exposure. Why is talc so bad. Over 2,700 individuals have sued the company, and it was paying $1 million per month to defend its legal position. The company’s latest $29 million settlement in South Carolina forced it to apply for bankruptcy protection and argue that assets should be distributed in an equitable manner between talc claimants rather than being confiscated in the hands of 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 restart talks on settlement with lawyers who have rejected the company’s proposed $8.9 billion agreement. In Trenton, New Jersey yesterday the parties appeared in court to discuss next steps in another bankruptcy proceeding and Judge Kaplan was pushing for more settlement discussions.
This is the way to settle these claims with J&J. The baby powder settlement is likely to be made. Why is talc so bad. However, it will require additional money – perhaps billions of dollars – from Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not every client sees the situation the same way their attorney does. The second bankruptcy case is likely to fail the judge Kaplan has scheduled a hearing for June to determine whether to close the case for the third time.
May 3 2023 Update: A group representing cancer victims who are suing Johnson & Johnson (J&J) demanded for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation involving talc products. The group representing the claimants made a motion Tuesday asking for the Third Circuit to consider their case and then send it back to a lower court with instructions for dismissing the bankruptcy. Why is talc so bad. The committee also requested that the stoppage of tort litigation against J&J be allowed to continue.
LTL applied for Chapter 11 protection once again after its bankruptcy filing was denied in the Third Circuit earlier this year which offered an $8.9 billion agreement. The committee argues that the recent ruling allowing LTL’s third Chapter 11 to continue, and also stopping trials against J&J, warrants an immediate Third Circuit review. The US Trustee also asked that it be requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a response in the appeals court, declaring the filing an “desperate and legally inadequate effort” by a select group of law firms with different financial interests.
May 1, 2023 Update: One common question that people ask is how plaintiffs and their lawyers turn around $8.9 billion. Of course, it’s an enormous amount of money. However, there are lots of victims. Why is talc so bad. These are an excellent case for plaintiffs. We were reminded of this recently in two talc trials which led to huge verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon resulted in the verdict that was $18.1 million. A month later, another mesothelioma trial involving talc was held for hearing at South Carolina and resulted in the verdict of $29 million on behalf of the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. One of the most prominent suppliers of talc within the U.S.
April 30th 2023 Update: J&J initially attempted to pull the litigation over talcum powder into bankruptcy, they came with an offer to reserve $2 billion for settlements. It was a ridiculously small amount. None of the talc plaintiffs agreed with it. This time, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and they also have the support of a large part of the talc-related plaintiffs and their attorneys. Why is talc so bad. But 75% of the talc plaintiffs, which is necessary for bankruptcy plan approval is not an easy task because of the number of lawyers who have large inventories of baby powder-related lawsuits, opposed in favor of the deal.
What can be done to end the impasse? More billions.
April 25 2023 Update Talc Cancer victims have requested a judge to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, which claims that the business is not financially strained. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Why is talc so bad. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not eligible for bankruptcy relief as it did not show financial trouble.
The claimants argue that the 2nd Chapter 11 case is an fraud on the bankruptcy system and that the case is being handled in bad good faith. J&J says the bankruptcy settlement is backed by “significant backing” from the firms that represent around 60,000 plaintiffs. It is fair to say that lawyers representing plaintiffs and victims are divided over their disagreement over the $8.9 billion deal.
April 21st, 2023 Update: A bankruptcy judge has ruled that Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. Although trials for Talc lawsuits are suspended for a minimum period of 60 days however, new lawsuits may be filed and lawyers are able to begin preparing their cases. Why is talc so bad. Judges expressed doubt about J&J’s ridiculous effort to revive its strategy by filing a second bankruptcy trial.
April 13 2023 Update: biggest 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 challenge the settlement the talc claimants. Why? They believe it’s not enough to pay for more than 70,000 cancer victims. Why is talc so bad. These lawyers argue that J&J should negotiate a bigger settlement or even litigate individual claims if the latest bankruptcy is declared unconstitutional.
However, there is a second group of lawyers that is not part of the leadership of this class action. They have amassed the equivalent of tens of thousands of lawsuits. They want to settle now for what is believed to be far less than what these victims deserve. Their argument appears to be twofold. The first is that they claim the settlement of around 100 million dollars on average per plaintiff is fair.
It’s a difficult argument to argue. The second argument is more substance: the victims will not afford to wait any longer and need their money now.
April 12 2023 Update: Many are looking for ways J&J could file for bankruptcy again. The answer is complex and convoluted. Let’s try to simplify it simply.
Johnson & Johnson asserts that bankruptcy is the only means to settle both present and future talc lawsuits conclusively. In other words, it thinks it can get a lower rate should there be the bankruptcy element which applies pressure for a settlement. Why is talc so bad. In a quest to cover 400 years of American time, the business claims that bankruptcy benefits everyone by dispersing settlement payments more equitably and effectively than trial courts where litigants are awarded significant awards while others receive nothing.
The basic tenet in this 3rd Circuit decision was this is not a matter of one that makes a profit, but an affiliate to accept the legal risk and declare bankruptcy – something Congress had in mind when it came to drafting the Bankruptcy Code. However, it also stated the company was financially difficulty because J&J offered unlimited financing.
So J&J jumped on the unlimited funding part of the contract and didn’t promise to offer unlimited funding for litigation. The company claims that its updated financing arrangements with its subsidiary addresses the appeals court’s concerns while still offering funds to pay claims. As if providing victims with lesser money could solve the underlying issue.
Attorneys representing cancer patients who do not agree with the agreement counter the agreement with what is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s earlier decision. The hyperbole wasn’t spared by the victims’ lawyers, who call this the biggest “fraudulent deal in United States history.”
In spite of the legal jargon, J&J does not really believe that this bankruptcy will last. It is however a method to try and push the $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 baby powder class action lawsuit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) over talc products in exchange for a percentage of any settlements. J&J is now offering to pay $8.9 billion in settlements for all lawsuits.
The involvement of the funders is public knowledge because of a New Jersey court rule requiring the release of certain details about funders outside the state. This rule is intended to tackle the growing demands for the regulation of litigation funders. J&J is facing more than 60,000 claims when you include state and federal child powder-related lawsuits. Third-party funding of mass tort cases is not without its pros and cons. There is no doubt that we are seeing how third-party financing can help level the playing field between individual as well as large corporations in court.
April 4, 2023 Update: It’s interesting to watch the worm turn in this legal battle. J&J took another hit this week, when it was found that the Third Circuit denied J&J’s request to continue the automatic stay in the meantime that J&J appeals an order granting bankruptcy in the U.S. Supreme Court. It has halted thousands of talcum powder cases and prevented new lawsuits from being filed ever since J&J initiated the controversial effort to spin the talc liability off into a bankrupt company over a year earlier. Why is talc so bad. After the 3rd Circuit ruled that this bankruptcy was not valid only a few months back, the stay was lifted. 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. There is a chance that of the Supreme Court is willing even to take up the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay officially lifted, the very first new cases were filed and incorporated into the talcum powder class action MDL in just over a year. Seven new talc lawsuits were added to the MDL in the last month and brought 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 calling for authorities from the U.S. Government Accountability Office (GAO) begin an investigation to determine how much J&J products containing talc have cost the government in the decades.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of not recognizing the risks of its talc product for decades 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.
Why is talc so bad. J&J should begin to make reasonable settlements to victims to begin in putting this behind it. It is a stain on one of the most prestigious companies.
February 14 2023 Update: At a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Why is talc so bad. 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!