Are Talc Products Safe – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Are talc products 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 will pay the sum of $400 million US state AGs. Are Talc Products Safe .

Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of a larger $8.9 billion plan to settle allegations that it’s Baby Powder and other talc-based items cause cancer. Are talc products safe.

J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm plans to pay different kinds of cancer victims in the bankruptcy settlement. Are talc products safe. J&J has stated that its Talc products are safe and won’t cause cancer. J&J is seeking an additional time to conclude more than 38,000 cases in bankruptcy, and to prevent any new cases from coming forward in the future.
LTL’s bankruptcy plan will pay $400 million to a separate trust for lawsuits filed in state courts by attorneys general claiming that J&J violated the state’s unfair commercial practices and consumer protection laws, by deceiving consumers regarding the safety of its talc products.

A number of states had already initiated consumer protection actions against J&J prior to the time that LTL’s bankruptcy filing stopped these investigations from taking place in 2021. Are talc products safe. New Mexico and Mississippi had already initiated suits in the past against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas according to court papers.

 

 

New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished in a joint move with cancer victims and The U.S. Justice Department’s bankruptcy watchdog, who have claimed that a lucrative business like J&J can’t benefit from bankruptcy protections designed for the struggling debtors.
The company’s initial attempt to resolve the lawsuits in bankruptcy was dismissed after similar arguments. A U.S. appeals court determined the LTL wasn’t in “financial financial distress” and was not eligible of bankruptcy protection. Are talc products safe. LTL made a new bankruptcy application within two hours of the dismissal, arguing its second attempt was different because it had less money available and more support for an agreement.

New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates state law enforcement authorities in attempting to unilaterally limit the liability of the company in state consumer protection laws.

 

Are Talc Products Safe

LTL’s filings for the new year also contained more information on how the company would assess and settle cancer claims if the bankruptcy plan is approved.

The highest payments under the settlement will be $500,000 for people diagnosed with mesothelioma that is terminal before age 45. Are talc products safe. The second payment would be $260,000 for people diagnosed with cancer of the ovary before age 45.

From there, the proposed settlement will offer discounts based on the type and severity of cancer, the individual’s years of age, their history of the use of talc, and other aspects. Are talc products safe. For instance the case of a woman who used talc products on a weekly basis, who had an ancestral history of ovarian cancer, and was diagnosed with an ovarian cancer stage II when she was 55 may qualify for a $21,125 payment under the settlement plan.

Judge orders J&J, talc opponents to participate in settlement talks.

After another round of hearings in Johnson & Johnson’s effort to implement 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 plan to hold negotiations to settle the matter, Bloomberg reports.

In its second bankruptcy effort for LTL Management, a subsidiary created by J&J to handle the claims company offered a settlement amounting to $8.9 billion. Are talc products safe. While one firm representing plaintiffs is in favor of the proposal, another group opposes the move.

This week, the opposition group, called”The Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss this case arguing that LTL cannot be regarded as in financial hardship.

“The filing is a desperate and legally deficient attempt by a small number of law firms to try to stop claimants from deciding on the resolution plan–a plan that the overwhelming majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Are talc products safe. “The law firms behind these filings have interests in finance that clash with, diverge from, and infringe on the rights which their clientele. We’ll submit an answer an appeal to the appellate court.”

Are talc products safe. Clay Thompson, a lawyer for MRHFM that has more than 80 patients with mesothelioma who have sued J&J claimed that J&J’s second bankruptcy attempt is likely to fail.

“J&J sends out press releases about how great its plans are, but is requesting that details of the plan, such as what each sick person will receive–be kept secret,” Thompson said in the statement. “What is J&J’s plan to conceal?”

 

 

Kaplan has directed the parties to come up with another reorganization plan, under the oversight of two mediators.

The court in February of 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the hundreds of thousands of claims over its talcum products.

But in the month of January, an appeals court of the federal government overturned the ruling, ruling that the business could not be considered to be in “financial distress.”

The J&J’s plan to challenge the U.S. Supreme Court was dismissed the same month, J&J filed for its second bankruptcy roughly two hours later. In response, Kaplan froze the lawsuits for 60 days to decide whether to grant the second bankruptcy.

J&J’s omnipotent profit engine fails after $6.9B the talc litigation cost.

In the two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were placed in limbo. Are talc products safe. The company is requesting that claimants vote on accepting their settlement. J&J needs 75% support for the deal to pass.

Alongside the group of talc attorneys who have panned the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee, a branch belonging to the U.S. Department of Justice is also submitting an application to dismiss LTL’s second bankruptcy case.

In a statement this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest but unfortunate debtors.” Those doors “are not accessible to those who do not have a legitimate bankruptcy goal or who seek to take advantage of the bankruptcy process to delay or hinder their creditors.” Vara continued.

To its credit, J&J maintains there is no evidence conclusive that its Talc products, which includes the famous baby powder, cause cancer. J&J has been taking the products of the market first in North America in 2020–and the rest of the world next year.

J&J seeks to avoid the costly business of going to court. The company has won the majority of the cases that were decided in court, however certain losses have been extremely severe.
A highly-publicized trial in Missouri produced a $4.7 billion verdict against the drug company 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 trial involving talc that are being appealed or concluded. In 41 trials 32 have ended in winning for J&J or a mistrial, or plaintiff verdict that was annulled upon appeal. Are talc products safe. In addition, J&J in 2020 sought to settle over 1000 cases at a cost of $110 million. Bloomberg reported at the time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Are Talc Products Safe

Our lawyers are handling baby powder cases in all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been ongoing for years. Are talc products safe. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient found in products such as Baby Powder as well as Shower to Shower, can cause ovarian cancer among some women.

This page offers an J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling will impact the final settlement amounts in these cases of ovarian cancer.

Have you reached the deadline by which you to start a lawsuit against talcum powder? Many who believe that the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a no-cost, quick review of your case online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Are Talc Products Safe

June 2 2023 Update: During the trial for asbestos-containing talc that took place in California yesterday, technical issues disrupted the opening speech of defense lawyers. Are talc products safe. Jurors who were watching from home on Zoom and hearing the Johnson &Johnson’s lawyer express doubts about the 70s research that claimed asbestos was present in their product, but the trial was abruptly closed.

Meanwhile, the plaintiff was able to introduce their first witness, Arthur Langer. Langer explained that the occurrence of other minerals alongside the talc’s mineral content is inevitable. He also testified that his team was notified by J&J in 1971 about the presence of chrysotile asbestos the talc manufactured by the company, though at just 0.1 percent. He also discovered more asbestos in 1976.

June 1st, 2023 Update: Are talc products safe. A trial for the first time since J&J decided to spin off its talc section and declaring bankruptcy is an important turning point within the ongoing litigation 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 lawyers on both sides of the argument agree is a tragic loss.

Opening statements laid bare sharp differences in the two sides’ narrative. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging the use of deceptive strategies in its research practices as well as throughout the litigation procedure. According to the attorney Johnson & Johnson attempted to alter the definition of asbestos, in spite of internal documents dating from 1978 and 1994 showing that asbestos fibers found in tissue of the plaintiffs are included.

Johnson & Johnson’s uncertain $8.9 billion settlement proposal hangs in the balance as we progress of this trial. Despite the unique nature of this mesothelioma-related case and its distinct issues compared to the majority of talcum powder lawsuits, a verdict favoring the plaintiff could inflict an unintended setback to Johnson & J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.

May 31 2023: Update from Johnson and Johnson’s bankrupt talc business strongly defended the two-time Chapter 11 filing in the opposition of victims of talc injuries. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing was fundamentally different from the first filing. It also emphasized the unprecedented commitment of $8.9 billion by J&J which is the largest settlement ever made in any bankruptcy case that involves mass tort. Are talc products safe. The issue is not discussed: whether the magnitude of the settlement indicates that it is an equitable settlement. J&J also claimed that it received support from a variety of plaintiffs’ law firms representing over sixty thousand claimants. This is hard to verify but likely incorrect.

May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the first trial on its cosmetic talc items allegedly containing asbestos is set to commence jury selection on Monday, May 24, California in Alameda County Superior Court, a historically good court for plaintiffs. The plaintiff asserts that his mesothelioma was triggered by asbestos exposure in J&J’s product, an allegation that the company has denied. The trial also involves six retailers accused of selling talc-containing products.

May 22, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are battling over who should be chosen to fill the role of the future claims representative, which is vitally essential in resolving the talc claims. Are talc products safe. Randi Ellis, a lawyer who regularly appears in MDLs across the country was appointed as the claims representative during the first bankruptcy. J&J’s defense group wants Ellis to be appointed to that role and again, but attorneys for the plaintiffs in talc are arguing due to the fact that Ellis has an interest conflict which would prohibit her from assuming that position for the second time. The conflict stems from the issue that Ellis was believed to have been involved in the drafting of the highly disputable second bankruptcy, which raises questions about her capability to remain neutral. However, the reality is that the bankruptcy will be tossed out anyway.

May 17, 2023 Update The pretend company J&J formed for the talc bankruptcy informed a New Jersey bankruptcy court that they had allocated $400 million to pay the allegations made by states who accuse the company of deceitful advertising for its talc product. Are talc products safe. That’s an $8.5 billion settlement for cancer victims. It’s difficult to envision any scenario in which J&J can push these settlements for babies with these numbers. While J&J’s $8.5 billion offer might seem like a lot of money initially, it will not look good when you do the math. This settlement offer based on our rough calculations would not offer victims anything more than an average settlement $100,000 per case. That is not enough.

May 15th 2023 update: J&J may be in the middle of a lawsuit from an advocacy group representing cancer patients. Are talc products safe. The group argues that J&J deliberately withdrew the $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, to simulate financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group claims that this move is equivalent to a fraudulent transfer of the right to compensation for victims. They are planning to study J&J’s actions in the wake of the denial of LTL’s first bankruptcy suit.

May 10 2023 Update: The following week this week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy petition filed of J&J subsidiary LTL Management. In the meantime the bankruptcy has issued an order calling for both parties to take part in a second settlement mediation hoping that a global settlement deal can been reached.

May 5, 2023 Update: Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer from asbestos exposure. Are talc products safe. Over 2,700 people have sued the firm, and it was spending $1 million a month on legal defense. The company’s recent $29million verdict at the Supreme Court of South Carolina forced it to file for bankruptcy protection, arguing for an equitable distribution of assets between talc claimants rather than 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 relaunch talks on settlement with lawyers who have rejected Johnson & Johnson’s $8.9 billion settlement offer. At Trenton, New Jersey yesterday, the parties appeared in court to discuss next steps to take in their second bankruptcy matter and Judge Kaplan has pushed for further settlement talks.

This is the answer to resolve the claims of J&J. A settlement for baby powder can be made. Are talc products safe. But it will require more money, more billions of dollars – coming from Johnson & Johnson.

Lawyers have a split opinion on whether or not to agree with the proposal and not all clients view the issue the same way their lawyer sees it. Second bankruptcy cases are expected to fail, and Judge Kaplan has scheduled a hearing in June to determine if she will close the case for the third time.

May 3, 2023 Update: A group representing cancer victims who are suing Johnson & Johnson (J&J) demanded to have the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop the litigation involving talc products. The committee representing talc claimants made a motion Tuesday requesting that the Third Circuit to consider their case and then send it back an earlier court with instructions to dismiss the bankruptcy. Are talc products safe. They also requested that the halted tort litigation against J&J allow the litigation to continue.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year, offering the possibility of an $8.9 billion agreement. The committee says that the recent ruling which allowed the second Chapter 11 to continue, in addition to halting trials against J&J, warrants an immediate Third Circuit review. The US Trustee also requested that it be requested 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 intends to file a response to the appeals court calling the request a “desperate and legally insufficient move” by a few of law firms with conflicting financial interests.
May 1st 2023 Update: A question people keep asking is how could plaintiffs and their attorneys turn off $8.9 billion. Of course, that’s an immense amount of money. There are a lot of victims. Are talc products safe. These are an excellent cases for plaintiffs. We have been reminded of this recently when two talc cases led to huge verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon led to an award in the amount of $18.1 million. A month later, another mesothelioma trial involving talc was held for hearing in South Carolina and resulted in a verdict of $29million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. one of the largest producers of talc in the U.S.
April 30, 2023 Update: When J&J first tried to bring the talcum powder lawsuit into bankruptcy, it was met with an offer to reserve $2 billion to settle the case. It was a ridiculously small amount. None of the talc plaintiffs agreed with the offer. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs accept a bankruptcy settlement and they have the support of a large part of the talc-related plaintiffs as well as their lawyers. Are talc products safe. But with 75% of talc plaintiffs, which is required for bankruptcy plan approval, it a tough road since there are so many lawyers with massive inventories of baby powder lawsuits that are opposed in favor of the deal.

What are the solutions to the impasse? More billions.
April 25, 2023, Update Talc cancer claimants have sought a court order to disqualify their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up 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 powders cause cancer. Are talc products safe. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not a candidate to receive bankruptcy relief because it had not demonstrated financial trouble.

The claimants argue that the second Chapter 11 case is an overreach of the bankruptcy system and that it is being pursued in bad faith. J&J asserts that the bankruptcy settlement has “significant backing” from the firms that represent an estimated 60,000 claimants. It’s fair to say that lawyers representing plaintiffs and the victims are split over the $8.9 billion deal.

April 21, 2023 Update: A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that the company sold baby powder that was contaminated and causing cancer. Even though trials for Talc lawsuits are suspended for a minimum period of 60 days and new lawsuits are able to be filed, and lawyers are able to begin preparing their cases. Are talc products safe. The judge expressed skepticism over J&J’s pathetic attempt to revive its plan with the second bankruptcy case.

April 13, 2023 Update: big update is about the $8.9 billion over the course of 25 years of settlement. Lawyers representing cancer victims within the MDL class action have pledged to challenge the settlement Talc claimants. Why? They believe it’s too little money for the more than 70,000 cancer victims. Are talc products safe. They argue that J&J should negotiate a larger settlement or settle individual claims in the event that the latest bankruptcy is dismissed.

But there is another group of lawyers outside of the leadership of group action. The lawyers collectively have accumulated the equivalent of tens of thousands of lawsuits. The group is seeking to settle the case 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 amounts to an average of $100,000 per plaintiff – is fair.

It’s a difficult argument to make. However, their second argument has more force: the victims can no longer wait and want their money now.

April 12 2023 Update: People are asking how J&J is able to file for bankruptcy once more. The answer is complex and complicated. However, let’s attempt to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only method to resolve both current and future talc-related lawsuits definitively. Also, it thinks it will pay less if there is an element of bankruptcy that puts pressure to negotiate a settlement. Are talc products safe. Going back to the 400-year span of American history, the company argues that bankruptcy benefits all parties because it distributes settlement payments more equitably and effectively than trial courts where litigants are awarded significant award while others do not.

The gist in the 3rd Circuit decision was this is not a case of a profitable company making an entity to assume the legal burden and declare bankruptcy – Congress thought of when drafting its Bankruptcy Code. But it also said that the subsidiary was not financially difficulty because J&J offered unlimited financing.
So J&J decided to go with the funding unlimited part of the agreement and did not promise to fund unlimited lawsuits. The company claims that new financing agreements with its subsidiary will address concerns of the appeals court while 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 this argument by saying that it is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole was not spared attorneys representing the victims claim it the largest “fraudulent move 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 of pushing this $8.9 billion settlement through and maintain pressure on plaintiffs.

April 10 2023 update: Bloomberg has an interesting article about a new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the Class action suit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) on behalf of talc products. They exchanged in exchange for a portion of settlements. J&J has now offered to pay $8.9 billion to settle lawsuits.

The involvement of the funders is made public because of an New Jersey court rule requiring the release of certain details regarding outside funding backers. The rules aim to address the growing calls for regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you add up state and federal Baby Powder lawsuits. Third-party funding for mass tort lawsuits has pros and cons. But there is no question that we are seeing how third-party financing can help level the playing field between individuals and large corporations in court.

April 4 2023 Update: It’s pleasing to see the worm turning in this legal battle. J&J has taken another blow this week when an appeals court in the Third Circuit denied J&J’s request to extend the automatic stay in the meantime that J&J appeals a bankruptcy decision to the U.S. Supreme Court. The automatic stay has halted thousands of talcum powder cases and prevented new lawsuits from getting filed ever since J&J began the controversial plan to spin talc-related liabilities off into a bankrupt subsidiary over one year ago. Are talc products safe. After the 3rd Circuit ruled that this bankruptcy was insufficient only a few months back, the stay was removed. J&J was hoping to have it continued pending its SCOTUS appeal. 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 likelihood that the Supreme Court is willing even to consider the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay having been fully lifted, the first new cases have been filed and transferred into the Talcum Powder class action MDL in over one year. Seven new talc lawsuits were brought into the MDL over the last month increasing the number of cases pending to 37,522.

February 25 2023 Update The following information is available: A Congressmen from Tennessee is now calling for the U.S. Government Accountability Office (GAO) initiate an investigation into how much J&J product containing talc has cost the government in the decades.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the risks of its talc-based products 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 loss to the 3rd Circuit Court of Appeals.

Are talc products safe. J&J must begin making reasonable settlement offers to victims, in order getting this behind it. It’s a mark on one of the most prestigious businesses.

February 14 2023 Update: At an appearance today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.

 

You May be Entitled to Significant Compensation Are talc products 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!

 

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