You May be Entitled to Significant Compensation Why talc is 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 with talc would be worth $400 million to US state AGs. Why Talc Is Bad .

Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of its broad $8.9 billion effort to settle allegations that it’s Baby Powder as well as other talc products cause cancer. Why talc is bad.

J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay different types of cancer sufferers in bankruptcy settlement. Why talc is bad. J&J has said that its Talc products are safe, and don’t cause cancer. J&J is seeking the second time to end more than 38,000 lawsuits filed in bankruptcy, and to prevent any new cases from being filed in the near future.
LTL’s bankruptcy plan will pay $400 million to a separate trust for claims made in state courts by attorneys general claiming that J&J violated state unfair business practices as well as consumer protection laws through misleading consumers regarding the quality of its talc products.

Many states had initiated consumer protection actions against J&J prior to LTL’s bankruptcy filing prevented these investigations from moving forward in 2021. Why talc is bad. New Mexico and Mississippi had already launched suits in the past against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands according to court documents.

New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy as well as cancer patients as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. have claimed that a lucrative company such as J&J does not qualify for bankruptcy protections meant for those struggling with debt.
LTL’s first attempt at resolving the bankruptcy-related lawsuits was dismissed after similar arguments. The U.S. appellate court ruled in favor of LTL was not in “financial distress” and ineligible of bankruptcy protection. Why talc is bad. LTL had filed for bankruptcy again in just two hours following the decision to dismiss, arguing that the second bankruptcy was different as there was less money available and more backing for an agreement.

New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates the law enforcement powers of the state by trying to unilaterally cap the company’s liability for state consumer protection measures.

Why Talc Is Bad

LTL’s recent filings also provided more information about how the company would assess and pay for cancer claims in the event that the bankruptcy plan is approved.

The maximum amount under the settlement would be $500,000 for those diagnosed with terminal mesothelioma before age 45 and $260,000 for people diagnosed with ovarian cancer that is terminal prior to age 45.

From there, the proposed settlement will offer discounts based on the nature and severity of the cancer, the person’s age, previous talc use and other factors. Why talc is bad. For instance, a woman who used talc products weekly, had a family history of ovarian cancer and was diagnosed with stage II ovarian cancer at the age of 55 might qualify for a $21,125 payment according to the plan.

Judge gives order to J&J, talc opponents to take part in settlement talks.

After another round of hearings in Johnson and Johnson’s efforts to utilize a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the move to conduct settlement talks, Bloomberg reports.

The second time it attempted to file for bankruptcy for LTL Management–a subsidiary established by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Why talc is bad. While a group of law firms representing plaintiffs support the settlement, a different group is opposed to the offer.

This week, the opposition group, known as the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss the case by saying that LTL is not considered to be in financial distress.

“The filing is an incredibly legal and ineffective attempt by a tiny number of law firms to try to prevent claimants from voting on the resolution plan, a plan that the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Why talc is bad. “The law firms who filed these filings have interests in finance that conflict with, diverge from and contravene those which their clientele. We’ll submit a response to the appellate court.”

Why talc is bad. Clay Thompson, a lawyer for MRHFM, which includes more than mesothelioma clients who have sued J&J, said that J&J’s second bankruptcy effort will fail.

“J&J issues press releases 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 private,” Thompson said in a statement. “What is J&J’s plan to cover up?”

Talcum Powder Bottle

Kaplan has instructed the sides to come up with another arrangement plan under the supervision of two mediators.

As of February 2022 Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that will free the company from the tens of thousands of claims regarding its talcum products.

However, in January of this year, a federal appeals court ruled against the decision, ruling that the company could not be considered to be in “financial difficulty.”

When J&J’s attempt to contest the U.S. Supreme Court was denied at the end of April J&J declared bankruptcy about two hours after. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether or not to accept to file for bankruptcy again.

J&J’s unstoppable profit engine sputters after $6.9B cost of litigation involving talc.

In the two Chapter 11 attempts, J&J has been able to buy 19 months in which the cases were on hold. Why talc is bad. J&J wants the claimants to vote on accepting their settlement. J&J needs 75% of the vote for the settlement to be approved.

In addition to the team of talc lawyers who panned the bankruptcy of the company in the U.S. Trustee, the U.S. Trustee is an arm belonging to the U.S. Department of Justice is also submitting a motion to dismiss LTL’s bankruptcy second case.

In a letter filed this week, U.S. trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest, but naive debtors.” The doors “are not accessible to those who do not have a legitimate bankruptcy reason or want to take advantage of the bankruptcy process to delay or hinder their creditors,” Vara continued.

On the other hand, J&J maintains there is no evidence conclusive that its Talc-based products, such as its famous baby powder, cause cancer. J&J has adopted the products of the market, first to be available in North America in 2020–and the rest of the world later this year.

J&J is determined to stay clear of the costly business of going to court. J&J has won the majority of cases that were decided during trial, however, some losses have been very severe.
A highly publicized trial in Missouri produced a $4.7 billion verdict against the drug maker but was later reduced to $2.1 billion after appeals.

Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial cases in talc which are on appeal or have been concluded. Out of 41 trials 32 ended with the favor of J&J, a mistrial or plaintiff verdicts that were reversed on appeal. Why talc is bad. The company also in 2020 moved to settle around 1000 cases at a cost of $110 million. Bloomberg published at the time.

Talcum Baby Powder Ovarian Cancer Lawsuit – Why Talc Is Bad

Our lawyers are handling baby powder lawsuits across every state. The talcum powder lawsuits for Johnson & Johnson have been going on for a long time. Why talc is bad. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in products like Baby Powder as well as Shower to Shower and Shower to Shower, could cause ovarian cancer among some women.

This page offers an J&J talc power litigation update and explains how the forthcoming bankruptcy ruling impacts the ultimate settlement amounts in the ovarian cancer lawsuits.

Has the deadline passed for you to bring a talcum lawsuit? Many who believe that 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 Talc Is Bad

June 2, 2023 Update: During the asbestos talc trial in California yesterday, some technical issues halted the opening speech of defense attorneys. Why talc is bad. Jurors from home on Zoom, did hear Johnson & Johnson’s lawyer voice his doubt about the 70s research that claimed asbestos was present in their product prior to the opening was abruptly ended.

The plaintiff had the opportunity to introduce its first expert witness Arthur Langer. Langer explained that the existence of other minerals with the talc’s mineral content is inevitable. He said that his team informed J&J in 1971 of the presence of chrysotile asbestos within the talc produced by the company, although at lesser than 0.1 percent. The asbestos was discovered by him in 1976.

June 1st, 2023 Update Why talc is bad. First trial after J&J has decided to separate its Talc section and declaring bankruptcy marks a pivotal moment within the ongoing lawsuit controversy. Trial began yesterday in the tragic case of a young, 24-year-old plaintiff, diagnosed with an aggressive and rare form of mesothelioma last year, a diagnosis lawyers on both sides of the argument agree is a tragedy of a different kind.

Opening statements laid bare stark differences in each side’s narrative. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging that the company employed deceitful strategies in its research practices as well as throughout the litigation process. The attorney claims that, according to Johnson & Johnson attempted to alter the definition of asbestos in spite of internal documents from 1978 and 1994 showing that fibers discovered in the plaintiff’s tissue are included.

Johnson & Johnson’s precarious $8.9 billion settlement offer hangs in the balance with the progression of this trial. Despite the unique nature of the mesothelioma trial and its distinct issues compared to the majority of talcum powder lawsuits, a verdict favoring the plaintiff could cause the company with a major setback in its hopes for broad acceptance of their settlement proposal among plaintiffs.

May 31 2023 Update: Johnson and Johnson’s bankrupt talc division strongly defended its two-time Chapter 11 filing in the face of challenges from talc injury claimants. In an opposition filed with the New Jersey bankruptcy court, the company argued that the filing was vastly different from the previous filing. It highlighted the extraordinary commitment to $8.9 billion to J&J the largest ever settlement in any bankruptcy case that involves mass tort. Why talc is bad. The issue is not discussed: whether the size of the settlement implies that it is an equitable settlement. J&J also claimed that it received support from several plaintiffs’ legal firms representing more than 600,00 claimants. This is not easy to confirm but it’s likely to be false.

May 24, 2023 Update: Since Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial on its cosmetic talc products allegedly comprised of asbestos is set to commence jury selection on Monday, May 24, California with Alameda County Superior Court, the most favored jurisdiction for plaintiffs. The plaintiff claims that his mesothelioma was triggered by asbestos exposure from J&J’s products and the company is denying. The trial also involves six retailers accused of selling talc-containing products.

May 22, 2023 Update: Lawyers in the 2nd J&J Talc bankruptcy are in a dispute over who should be chosen to fill the post of future claims representative. This is the role is crucially important to resolving the talc claims. Why talc is bad. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country was appointed as the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed to this position and again, but attorneys for the talc plaintiffs are protesting on the grounds that Ellis has an unrelated conflict of interest which would prohibit her from assuming that position again. The dispute stems from fact that Ellis was apparently involved in drafting the controversially contesting second bankruptcy, which raises questions about her capacity to be neutral. However, the reality is that this bankruptcy is likely to get dismissed anyway.

May 17th, 2023 Update: The pretend company that J&J created to handle the bankruptcy of talc disclosed to the New Jersey bankruptcy court that they have designated $400 million to settle claims brought by states accusing the company of misleading advertising for its talc-based products. Why talc is bad. It’s a $8.5 billion settlement for cancer sufferers. It’s difficult to envision any 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 at first, it does not look good when you look at the numbers. The proposed settlement based on our rough calculations would not be able to pay victims more than an average settlement $100,000 per case. This isn’t enough.

May 15th, 2023 Update J&J is potentially facing a lawsuit brought by an advocacy group representing cancer victims. Why talc is bad. The group claims J&J intentionally withdrew the $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, to simulate financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of the rights of victims’ compensation. They plan to explore J&J’s actions as a result of the dismissal of the LTL’s bankruptcy case in its first instance.

May 10 2023 Update: Next week next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy application by J&J subsidiary LTL Management. In the meantime, it has approved an Order calling for both parties to participate in a new settlement negotiation with the hopes of achieving a global settlement deal can been reached.

May 5 2023: Update on Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer through asbestos exposure. Why talc is bad. More than 2700 people have filed lawsuits against the company and it has been spending $1 million a month for legal defense. The company’s recent $29million settlement in South Carolina forced it to file for bankruptcy protection, arguing that assets should be distributed in an equitable manner among talc claimants instead of being seized in the hands of the receiver. Other talc suppliers have also declared bankruptcy because of litigation.

May 4, 2023 Update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to restart negotiations with lawyers who have rejected the company’s proposed $8.9 billion offer for settlement. The court in Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps to take in the second bankruptcy case and Judge Kaplan pushed more settlement talks.

This is the way to settle these claims for J&J. The baby powder settlement is likely to be completed. Why talc is bad. However, it’ll require more money, more billions of dollars by Johnson & Johnson.

Lawyers are divided on whether or not to agree with the proposal and not every client sees the issue in the same manner their lawyer does. Second bankruptcy cases are bound to go nowhere and Judge Kaplan has scheduled a hearing in June to determine if she will remove the bankruptcy after the second.

May 3, 2023 Update: A group representing cancer patients who have sued Johnson & Johnson (J&J) demanded an order from they request that 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 group representing claimants for talc submitted a motion on Tuesday requesting the Third Circuit to consider their case and to send it back before a court of lower jurisdiction, with instructions to dismiss the bankruptcy. Why talc is bad. The committee also requested that the lawsuit against the halted torts of J&J continue to continue.
LTL requested Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year with an $8.9 billion agreement. The committee says that the recent ruling, which allows the second Chapter 11 to continue, as well as halting the trials against J&J, warrants immediate Third Circuit review. The US Trustee has also requested be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation, Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a response to the appeals court calling the request a “desperate and legally insufficient move” by a select group of law firms who have conflicts of financial interests.
May 1st 2023 Update: A question people keep asking is how could plaintiffs and their lawyers turn off $8.9 billion. That’s of course an immense amount of money. But there are a lot of victims. Why talc is bad. These are actually a good arguments for plaintiffs. We were reminded recently by two talc-related trials that resulted in big verdicts for the plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon led to the verdict of $18.1 million. The following month, a second mesothelioma trial involving talc was held for hearing in South Carolina and resulted in a verdict of $29million for the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. which is one of the top suppliers of talc in the U.S.
April 30 2023 Update: When J&J first attempted to drag the talcum powder litigation into bankruptcy, it did so with an offer to reserve $2 billion for settlements. The amount was absurdly 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 also has the support of a large section of the talc victims and their attorneys. Why talc is bad. However, 75% of plaintiffs who are a talc, which is required to approve bankruptcy plans is a difficult road because of the number of lawyers who have large collections of baby powder-related lawsuits, opposed in favor of the deal.

What could solve the impasse? More billions.
April 25 2023, Update Talc Cancer victims have requested a judge to reject the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, which claims that the business is not financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Why talc is bad. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company was not eligible to receive bankruptcy relief because it did not show financial difficulties.

The claimants argue that LTL’s Second Chapter 11 case is an misuse of the bankruptcy system, and that it’s being pursued in bad good faith. J&J says the bankruptcy settlement is backed by “significant backing” from companies representing approximately 60,000 plaintiffs. It’s safe to say that plaintiffs’ lawyers and victims ‘ lawyers are divided on this $8.9 billion settlement offer.

April 21, 2023 Update: A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits claiming that the company sold tainted baby powder causing cancer. Although the trials for Talc lawsuits are suspended for at least 60 calendar days but new lawsuits can be filed and lawyers will begin preparing their cases. Why talc is bad. Judges expressed doubt about J&J’s ridiculous effort to revive its plan with a second bankruptcy trial.

April 13th 2023: Update on the major update is about the $8.9 billion over the course of 25 year period settlement offered. Lawyers representing cancer patients within the MDL collective action promised to fight the settlement along with talc claimants. Why? They think it is too little money for the 70 000 cancer patients. Why talc is bad. The lawyers say that J&J should seek a bigger settlement or even litigate individual claims if the most recent bankruptcy is declared unconstitutional.

There is a different lawyer group that isn’t part of the leadership of the class action. The lawyers collectively have accumulated the equivalent of tens of thousands of lawsuits. The group is seeking to settle now for what is believed to be far less than what these victims deserve. Their argument seems to be two-fold. The first is that they claim the settlement, which is about an average of $100,000 per plaintiff – is fair.

It’s a difficult argument to present. However, their second argument has more substance: the victims will not afford to wait any longer and need their money today.

April 12 2023 Update: People are wondering if J&J can file for bankruptcy once more. The answer is complex and confusing. However, let’s attempt to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only method to resolve both current and future talc litigations in a definitive manner. In other words, it believes that it will be less expensive if there is a bankruptcy element that creates pressure to negotiate a settlement. Why talc is bad. Driving past 400 years of American history, the company asserts that bankruptcy benefits all parties as it distributes settlement payments more equitably and effectively than trial courts where litigants are awarded significant settlements while others get nothing.

The essence in this 3rd Circuit decision was this is not a case – the profit-making company that has subsidiaries to meet the legal liability and declare bankruptcy – something Congress contemplated when drafting the Bankruptcy Code. But it also said the company was financially crisis due to the fact that J&J assured it of unlimited funding.
Thus, J&J decided to go with the unlimited funding portion of the holding and didn’t promise to fund unlimited the litigation. The company claims that its new financing agreements with its subsidiary address the concerns of the appeals court while offering claim payment funds. As if offering victims lesser money could solve the problem at hand.

Lawyers representing cancer victims who are against the agreement argue the agreement with what is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole was not spared attorneys representing the victims claim it the largest “fraudulent move ever in United States history.”

Notwithstanding the legal mumbo jumbo, J&J does not really think this bankruptcy will survive. However, it’s a means to push for this $8.9 billion settlement through and maintain pressure on plaintiffs.

April 10, 2023 update: Bloomberg is running an intriguing report on a brand new law within New Jersey that is shedding new light on the funding of litigation in the Class action suit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) concerning talc products in exchange in exchange for a portion of wins. J&J is now willing that it will pay $8.9 billion to settle all lawsuits.

The involvement of funders is publicly available due to the New Jersey court rule requiring the release of certain details about outside funding backers. The rule aims to address the rising calls for regulation of the litigation funders. J&J is facing more than 60,000 claims when you take into account state and federal infant powder litigation. Third-party funding for mass tort lawsuits is not without its pros and pros and. There is no doubt that we are witnessing how third-party funding could level the playing field between individual and large corporations in the courtroom.

April 4 2023 Update: It’s interesting to watch the worm turn in this lawsuit. J&J has taken another blow this week, when the Third Circuit denied J&J’s request to maintain the automatic stay during the time that J&J appeals a bankruptcy decision to the U.S. Supreme Court. Automatic stays have halted hundreds of cases involving talcum powder and stopped new lawsuits from being filed ever since J&J began the controversial plan to spin talc-related liabilities into a bankrupt entity over one year back. Why talc is bad. When the 3rd Circuit ruled that this bankruptcy was insufficient some months ago, the stay was lifted. J&J had hoped to have it continued pending hearing the SCOTUS appeal. However, the answer was 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 likelihood that is that the Supreme Court is willing even to consider the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay fully lifted, the first new cases were filed and incorporated into the class action for talcum powder MDL in just over a year. Seven new talc cases were joined to the MDL over the last month, bringing the total number of pending cases up to 37,522.

February 25 2023 Update: A Congressmen from Tennessee has now demanded that authorities from the U.S. Government Accountability Office (GAO) initiate 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.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of ignoring the dangers of its talc product for years while tax dollars were spent treating those injured by exposure to the chemicals. The suit comes just a few days after J&J’s major loss in the 3rd Circuit Court of Appeals.

Why talc is bad. J&J needs to start making reasonable settlement offers to victims to getting this behind it. It’s a mark on one of the top firms.

February 14 2023 Update: In the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.