You May be Entitled to Significant Compensation Is all talc powder dangerous. 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 provide 400 million dollars to US state AGs. Is All Talc Powder Dangerous .
Johnson & Johnson (JNJ.N) has put the amount of $400 million for resolving U.S. state consumer protection actions as part of a wider $8.9 billion settlement of allegations that it’s Baby Powder and other talc-based products cause cancer. Is all talc powder dangerous.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay different types of cancer sufferers in bankruptcy settlement. Is all talc powder dangerous. J&J has claimed that its Talc products are safe and won’t cause cancer. It’s trying for another time to settle more than 38,000 cases in bankruptcy, as well as prevent new lawsuits from coming forward in the future.
LTL’s bankruptcy plan would pay $400 million into a separate trust for claims filed by state attorneys general claiming that J&J violated the state’s unfair commercial practices and consumer protection laws by misleading consumers about the dangers of its talc products.
Several states had begun consumer protection actions against J&J prior to the time that LTL’s bankruptcy filing prevented these investigations from progressing in 2021. Is all talc powder dangerous. New Mexico and Mississippi had already brought lawsuits in the past against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court documents.
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. They have argued that a profitable firm like J&J cannot benefit from bankruptcy protections designed for people with debt problems.
The first attempt by LTL to resolve the bankruptcy cases was thrown out after similar arguments. A U.S. appellate court decided the LTL wasn’t in “financial financial distress” and therefore not eligible for bankruptcy protection. Is all talc powder dangerous. LTL made a new bankruptcy application less than two hours after the dismissal, arguing the second bankruptcy was different as it had less money available and more support for a settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates the state’s law enforcement authority by seeking to unilaterally limit the company’s liability for state consumer protection actions.
Is All Talc Powder Dangerous
LTL’s new filings also included more information on the way in which the company will evaluate and pay cancer claims when the bankruptcy plan is approved.
The maximum amount under the settlement will be $500,000 for people diagnosed with mesothelioma terminal prior to the age of 45, and $260,000 for patients diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement applies discounts depending on the type and severity of the cancer, the person’s years of age, their history of talc use and other factors. Is all talc powder dangerous. For example an individual who was using talc products on a weekly basis, who had the family history of ovarian cancer and was diagnosed Stage II cancer of the ovary at age 55 may be eligible for a $21,125 payout under the plan.
Judge ordains J&J and talc opponents discuss settlement negotiations.
After another round of hearings in Johnson & Johnson’s attempt to employ a Texas Two Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the strategy to engage in settlement talks, Bloomberg reports.
With its second bankruptcy bid for LTL Management, a subsidiary set up by J&J to manage the claims company proposed a settlement of $8.9 billion. Is all talc powder dangerous. While a group of law firms representing plaintiffs agree with the deal, another group is against the settlement.
Earlier this week, the opposition group, called”The Official Committee of Talc Claimants requested the bankruptcy court to dismiss the case by arguing that LTL cannot be regarded as in financial distress.
“The filing is a desperate and legally ineffective attempt by a few of law firms to try to prevent claimants from voting on the resolution, which that the overwhelming majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Is all talc powder dangerous. “The law firms behind these filings have interests in finance that clash with, diverge from and oppose the interests that their customers. We will be submitting an appeal to the appellate court.”
Is all talc powder dangerous. Clay Thompson, a lawyer for MRHFM which has more than 80 mesothelioma clients who have filed lawsuits against J&J for bankruptcy, told J&J’s second bankruptcy attempt is likely to fail.
“J&J issue press releases that boast about how amazing its plan is, while insisting that the plan’s details, including what individual sick people would actually receive — be kept private,” Thompson said in an announcement. “What do J&J have to hide?”
Kaplan has instructed the sides to devise a second strategy for reorganization, under the oversight by two mediators.
In February 2022, Kaplan stated that J&J’s use of Chapter 11 to hasten a settlement that would release J&J from the hundreds of thousands of claims over its talcum products.
However, in the month of January, an appeals court of the federal government overturned the decision, ruling that the company was not able to be considered to be in “financial distress.”
The J&J’s plan to contest the U.S. Supreme Court was denied at the end of April J&J applied for its first bankruptcy about two hours after. In response to that move, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to approve another bankruptcy.
J&J’s unstoppable profit engine goes out of control 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 cases were put on hold. Is all talc powder dangerous. The company wants claimants to accept their settlement. J&J needs 75% approval for the deal to pass.
In addition to the team of talc lawyers that criticized the bankruptcy of the company, the U.S. Trustee which is a division from the U.S. Department of Justice has also filed motions to dismiss LTL’s second bankruptcy case.
In a letter filed this week, U.S. Trustee Andrew R. Vara wrote that the bankruptcy are “open to honest but unfortunate debtors.” Those doors “are not open to parties that lack a legitimate bankruptcy reason or want to abuse the bankruptcy process to hinder or delay their creditors.” Vara continued.
To its credit, J&J maintains there is no proof conclusive that their talc products, including its popular baby powder cause cancer. J&J has taken its products off 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 seeks to avoid the expense of going to court. J&J has won most of the cases that were decided during trial, however, certain losses have been punitive.
A highly-publicized trial in Missouri ended in a $4.7 billion judgment against the drug manufacturer, which was later reduced to $2.1 billion after 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 resolved. Out of 41 trials, 32 have resulted in an outcome for J&J either through a mistrial or verdict for a plaintiff that was overturned after appeal. Is all talc powder dangerous. The company also in 2020 negotiated to settle more than 1000 cases at a cost of 100 million dollars, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is All Talc Powder Dangerous
Our lawyers handle the baby powder litigation in all 50 states. The talcum powder lawsuits for Johnson & Johnson have been ongoing for years. Is all talc powder dangerous. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products such as baby Powder as well as Shower to Shower as well as other products, may cause ovarian cancer among some women.
This article provides a J&J update on the talc power litigation and provides an overview of how the upcoming 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 the statute of limitations has run out to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is All Talc Powder Dangerous
June 2, 2023 Update: During the trial for asbestos-containing talc that took place in California yesterday, a few technical glitches interrupted the opening statements of the defense attorneys. Is all talc powder dangerous. Jurors who were watching from home via Zoom but did not hear Johnson & Johnson’s lawyer voice his skepticism about the 70s science that claimed asbestos was present in their product prior to the trial was abruptly closed.
The plaintiff was able to introduce their first witness, Arthur Langer. Langer said that the presence of other minerals with the talc’s mineral content is inevitable. He also testified that his team advised J&J in the year 1971 about the presence of chrysotile asbestos in the talc manufactured by the company, though in less than 0.1 percent. He also uncovered more asbestos in 1976.
June 1, 2023 Update: Is all talc powder dangerous. This is the first court trial that has taken place since J&J made the decision to split its talc division, and then declare bankrupt marks an important point for the ongoing litigation drama. Trial began yesterday in the harrowing case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma last year, which both sides acknowledge is a grave tragedy.
The opening statements exposed the distinct differences between each side’s story. The attorney for the plaintiff took aim against Johnson & Johnson, alleging the use of misleading techniques in its research practices and throughout the litigation process. In the words of attorney the company attempted to manipulate the definition of asbestos despite internal documents dating back to the year 1978 and 1994 indicating that asbestos fibers found in tissue of the plaintiffs are included.
Johnson &J’s highly uncertain $8.9 billion settlement deal hangs in the balance with the progress of this trial. Despite the particularity of the mesothelioma trial and its distinct issues compared to other lawsuits involving talcum powder A verdict in favor of the plaintiff could inflict the company with a major setback in its hopes of broad acceptance of their settlement proposal among plaintiffs.
May 31, 2023 Update: Johnson and Johnson’s bankrupted talc unit has strongly defended the Second Chapter 11 filing in the opposition of injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, it argued that the situation was distinct from the earlier filing. It also emphasized the unprecedented commitment to $8.9 billion by J&J the largest settlement ever in an bankruptcy case involving mass torts. Is all talc powder dangerous. It was not mentioned how the amount of the settlement implies that it is an equitable settlement. J&J also claimed that it received support from various plaintiffs’ law firms representing more than sixty thousand claimants. This is not easy to confirm but it’s likely to be false.
May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the first trial involving the cosmetic talc products it claims to containing asbestos is set to commence jury selection on Monday in California at Alameda County Superior Court, an historically reliable location for plaintiffs. Plaintiff claims that mesothelioma is the result of asbestos exposure from J&J’s products and J&J is denying. The trial also involves six retailers accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the second J&J Talc bankruptcy are currently in a dispute over who should be appointed to the post of future claims representative, an important role essential to the resolution of the claim for talc. Is all talc powder dangerous. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation was appointed as the claims representative in the initial bankruptcy. J&J’s defense group wants Ellis to be appointed in that position again, but lawyers for the talc plaintiffs are objecting to the claim that Ellis has conflicts of interest that should prevent her from taking on that role in the future. The dispute stems from possibility that Ellis was apparently involved in drafting the controversially disputable second bankruptcy, raising doubts regarding her capacity to remain neutral. In reality, the bankruptcy will get dismissed anyway.
May 17, 2023 Update The pretend company that J&J created for the talc litigation bankruptcy has informed an New Jersey bankruptcy court that they have set aside $400 million to settle claims of states that accuse the company of misleading advertising for its talc products. Is all talc powder dangerous. This amounts to an $8.5 billion settlement for cancer sufferers. It’s hard to imagine a scenario where J&J will be able to push these baby powder settlements through with these numbers. Although J&J’s $8.5 billion offer seems like a huge sum at first, it does not look great when you do the math. This settlement proposal – by our rough calculations – would not offer victims anything more than an average settlement $100,000 per case. It’s not enough.
May 15 2023 Update J&J may be in the middle of a suit from an advocacy group representing cancer victims. Is all talc powder dangerous. The group claims J&J deliberately retracted the $61.5 billion fund-raising agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial stress and to validate the company’s Chapter 11 bankruptcy filing. The group argues that this act could be interpreted as a fraudulent transfer of victims’ compensation rights. They will investigate J&J’s actions as a result of the dismissal of LTL’s first bankruptcy case.
May 10 2023 Update: During the next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to reject the second bankruptcy filing of J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime the bankruptcy has issued an order requiring both sides to participate in a second settlement mediation hoping that the global settlement can be been reached.
May 5, 2023 Update: Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Is all talc powder dangerous. More than 2700 people have filed lawsuits against the company and it has been spending $1 million a month on legal defense. The company’s recent $29million verdict at the Supreme Court of South Carolina forced it to apply for bankruptcy protection and argue for an equitable distribution of assets between the claimants of talc instead of being confiscated in the hands of the receiver. Other talc suppliers have also declared bankruptcy because of the litigation.
May 4 2023 Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who turned down Johnson & Johnson’s $8.9 billion deal. At Trenton, New Jersey yesterday, the parties appeared in court to discuss the next steps to take in their second bankruptcy matter. Judge Kaplan was pushing for more settlement discussions.
This is the best way to resolve the claims of J&J. The baby powder settlement is likely to be completed. Is all talc powder dangerous. But it will require additional money – perhaps billions of dollars coming from Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not all clients view the issue the same way their lawyer sees it. Second bankruptcy cases are likely to fail, as Judge Kaplan has scheduled a hearing for June to decide if he will discharge the bankruptcy for the 2nd time.
May 3 2023 Update A group of cancer patients who have sued 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 an attempt to derail the litigation surrounding talc-based products. The group representing the claimants made a motion Tuesday asking to the Third Circuit to consider their case and send it back to a lower court, with instructions to dismiss the bankruptcy. Is all talc powder dangerous. The committee also requested that the stoppage of tort litigation against J&J be allowed to proceed.
LTL filed for Chapter 11 protection once again after its bankruptcy filing was rejected by the Third Circuit earlier this year with 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 should be subject to immediate Third Circuit review. The US Trustee has also 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 declaring that J&J intends to file a statement in the appeals court, declaring the filing a “desperate and legally deficient move” by a small number of law firms with competing financial interests.
May 1 2023 Update: One most frequently asked question is how could plaintiffs and their lawyers be able to turn off $8.9 billion. Of course, it’s an immense amount of money. But there are a lot of victims. Is all talc powder dangerous. These are an excellent arguments for plaintiffs. We were reminded of this recently when two talc cases led to huge verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon ended in a verdict that was $18.1 million. In the same month, a different mesothelioma-related talc case went to trial in South Carolina and resulted in a verdict of $29 million on behalf of the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. One of the leading producers of talc in the U.S.
April 30 2023 Update: When J&J initially tried to take the talcum powder litigation into bankruptcy, it was met with an offer to reserve $2 billion for settlements. The amount was absurdly low. All of the talc plaintiffs believed in it. This time around, however, J&J has increased the offer to $8.9 if the talc plaintiffs will allow a bankruptcy settlement and also has the support of a substantial portion of the talc plaintiffs and their attorneys. Is all talc powder dangerous. However, 75% of plaintiffs in the talc category, which is required for bankruptcy plan approval It’s a long and difficult process because of the number of lawyers who have massive collections of baby powder lawsuits that are opposed against the proposed settlement.
What can be done to end the impasse? More billions.
April 25, 2023 update: Talc Cancer victims have sought a court order to disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, which claims that the business is not financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Is all talc powder dangerous. LTL was denied Chapter 11 in January. 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 failed to show financial difficulties.
The claimants argue that the 2nd Chapter 11 case is an abuse of the bankruptcy system and that it’s being conducted in bad good faith. J&J claims the bankruptcy settlement has “significant support” from the firms that represent around 60,000 people who are claiming. It is fair to say that plaintiffs’ lawyers and victims ‘ lawyers are not united over this $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge has ruled the company Johnson & Johnson must face new lawsuits alleging that the company sold baby powder that was contaminated and causing cancer. While trials in the talc lawsuits have been suspended for a minimum of 60 days however, new lawsuits may be filed and lawyers are able to begin preparing their cases. Is all talc powder dangerous. Judges expressed skepticism about J&J’s absurd attempt to revive its plan with the second bankruptcy case.
April 13th, 2023 Update: most important story is that there’s an $8.9 billion over 25 years of settlement. Lawyers representing cancer patients within the MDL group action vowed to fight the settlement alongside the talc claimants. Why? They feel it’s not enough to pay for more than 70,000 cancer victims. Is all talc powder dangerous. The lawyers say that J&J could negotiate a greater settlement or pursue individual claims in the event that the latest bankruptcy is thrown out.
There is a different group of lawyers that is not part of the leadership of group action. These lawyers have collectively amassed many thousands of cases. This group wants to settle today for what many argue is less than the victims deserve. Their argument appears to be two-fold. The first is that they claim the settlement – which amounts to 100 million dollars on average per plaintiff is fair.
That is a hard argument to argue. However, their second argument has more force: victims should no longer wait and want to get their money right now.
April 12 2023 Update: Some people are seeking out how J&J could file for bankruptcy again. The answer is complicated and complicated. However, let’s attempt to explain it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only means to settle both present and future talc litigations in a definitive manner. It believes it can pay less if there is an element of bankruptcy that puts pressure for a settlement. Is all talc powder dangerous. In a quest to cover 400 years of American history, the firm asserts that bankruptcy benefits all parties because it distributes settlements more fairly and efficiently than trial courts, in which some litigants receive substantial award while others do not.
The main thrust of this 3rd Circuit decision was this is not a matter of a profitable company making an affiliate to accept the legal burden and declare bankruptcy – something Congress thought of when drafting its Bankruptcy Code. It also clarified that the entity was in financial trouble because J&J offered unlimited financing.
So J&J did not hesitate to take advantage of the unlimited funding portion of the holding and didn’t make any promises to offer unlimited funding for lawsuits. J&J claims that its updated financing arrangements with its subsidiary address the appeals court’s concerns while still offering claim payment funds. As if offering victims lesser money could solve the problem at hand.
Attorneys representing cancer victims who oppose the agreement counter this by arguing that the plaintiff is the legal argument. Is all talc powder dangerous. They counter with legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s decision. Hyperbole is not exempt attorneys representing the victims claim it the largest “fraudulent transfer ever in United States history.”
Despite all the legal jargon, J&J does not really believe that this bankruptcy will last. But it is a way to try and push the $8.9 billion settlement to keep pressure on plaintiffs.
April 10, 2023, Update Bloomberg offers an informative article about a new law in New Jersey that is shedding new light on the funding of litigation in the baby powder Class action suit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) concerning talc products in exchange for a share of any winnings. J&J is now willing that it will pay $8.9 billion to settle lawsuits.
The involvement of funders is public knowledge because of the New Jersey court rule requiring the disclosure of certain information about funders outside the state. The law is designed to address the rising calls for the regulation of litigation funders. J&J is facing more than 60,000 claims when you add up federal and state infant powder litigation. Third-party funding in mass tort claims has both pros and cons. There is no doubt that we are witnessing how third-party funding could level the playing field between individual and big companies in the courtroom.
April 4, 2023 Update: It is interesting to watch the worm turning in this litigation. J&J suffered another setback this week, when it was found that the Third Circuit denied J&J’s request to continue the automatic stay during the time that J&J appeals an appeal at the U.S. Supreme Court. This automatic stay frozen hundreds of cases involving talcum powder and stopped the filing of new lawsuits ever since J&J launched the controversial attempt to spin talc-related liabilities off into a bankrupt entity over a year ago. Is all talc powder dangerous. After the 3rd Circuit ruled that this bankruptcy was insufficient a few months ago, the stay was removed. J&J was hoping to have it stayed in place until an appeal to 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 accept the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay now officially lifted, the very first new cases have been filed and transferred into the class action involving talcum powder MDL within a year. Seven new talc lawsuits have been brought into the MDL in the past month which brings the total number of cases in the pending process up to 37,522.
February 25, 2023 Update The following information is available: 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.
Recently, in an open letter 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 product. The suit comes just a few days after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is all talc powder dangerous. J&J needs to start making reasonable settlements to victims to begin getting this behind. This is a blemish on one of the greatest companies.
February 14 , 2023 Update: At an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is all talc powder dangerous. 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!