You May be Entitled to Significant Compensation Is talc in medication 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 settlement for talc would provide $440 million US state AGs. Is Talc In Medication Safe .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of a wider $8.9 billion deal to settle allegations that it’s Baby Powder and other talc ingredients cause cancer. Is talc in medication safe.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company will pay various types of cancer patients in the bankruptcy settlement. Is talc in medication safe. J&J has stated that its talc products are safe and will not cause cancer. It’s trying for an additional time to conclude more than 38,000 lawsuits filed in bankruptcy, and to prevent any new cases from arising in the near future.
LTL’s bankruptcy plans would deposit $400 million to an additional trust to settle claims made with state attorneys general alleging that J&J had violated laws against unfair business practices in the State of New York and consumer protection laws through misleading consumers regarding the dangers of its talc products.
Many states had initiated consumer protection measures against J&J prior to LTL’s bankruptcy filing prevented these investigations from moving forward in 2021. Is talc in medication safe. New Mexico and Mississippi had already launched suit for damages 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 filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy as well as cancer patients and The U.S. Justice Department’s bankruptcy watchdog. They have argued that a profitable company like J&J can’t benefit from bankruptcy protections aimed at those struggling with debt.
The first attempt by LTL to resolve the bankruptcy lawsuits was dismissed after similar arguments, when a U.S. appellate court determined it was not LTL did not have “financial distress” and thus not eligible under bankruptcy law. Is talc in medication safe. LTL declared bankruptcy a second time less than two hours after that dismissal, arguing that its second attempt was different because there was less money available and had a greater chance of securing the settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates the state’s law enforcement authority by attempting unilaterally to cap the company’s liability for state consumer protection laws.
Is Talc In Medication Safe
LTL’s filings for the new year also contained additional details about how the company would evaluate 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 cancer of the mesothelioma ovary before age 45, and $260,000 for those diagnosed with cancer of the ovary prior to age 45.
The proposed settlement applies discounts depending on the nature and severity of cancer, an individual’s years of age, their history of the use of talc, and other aspects. Is talc in medication safe. For instance an individual who was using talc products on a weekly basis, who had a family history of ovarian cancer, and was diagnosed with an ovarian cancer stage II by age 55 may qualify to receive a payout of $21,125 under the plan.
Judge decides J&J, talc opponents to discuss settlement negotiations.
Following another round of hearings in Johnson &Johnson’s attempt to employ a Texas Two Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposed to the plan to enter into settlement talks, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary created by J&J to manage the claims company proposed a settlement of $8.9 billion. Is talc in medication safe. While a firm representing plaintiffs agree with the offer, another group is against the settlement.
The previous week, the opposition group, called the Official Committee of Talc Claimants requested the bankruptcy court to dismiss the case by asserting that LTL is not considered to be to be in financial trouble.
“The filing is an unjust and legally flawed attempt by a handful of law firms to block claimants from voting on the resolution, which that the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in an announcement. Is talc in medication safe. “The law firms who filed the filing are pursuing financial interests which clash with, contradict and oppose the interests which their clientele. We’ll be submitting an appeal an appeal to the appellate court.”
Is talc in medication safe. Clay Thompson, a lawyer for MRHFM, which is home to more than mesothelioma patients who have filed lawsuits against J&J claimed that the company’s second bankruptcy try will fail.
“J&J publishes press release describing how fantastic the plan is but simultaneously demanding that plan details–including what the individual sick individuals would receive,” Thompson said in an email. “What do they have to hide?”
Kaplan has instructed both sides to create a strategy for reorganization, under the oversight and supervision of mediators.
In February 2022, Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that would relieve the company from the tens of thousands of claims over its talcum products.
In the month of January, a federal appeals court ruled against the verdict, ruling that the firm could not be considered in “financial difficulty.”
The J&J’s plan to appeal to the U.S. Supreme Court was dismissed in April, J&J was granted a second petition for bankruptcy just two hours after. In response, 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 talc litigation charge.
Through Two Chapter 11 attempts, J&J has bought 19 months during which cases were put suspended. Is talc in medication safe. J&J wants the claimants to take a vote to accept their settlement. J&J would need 75% approval in order for the agreement to be accepted.
In addition to the team of talc lawyers who panned the company’s bankruptcy play as well, the U.S. Trustee, an arm belonging to the U.S. Department of Justice was also the one to file an appeal to dismiss the second bankruptcy case of LTL.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest but unfortunate debtors.” These doors “are not open to any parties that lack a legitimate bankruptcy goal or who seek to abuse the bankruptcy process to hinder or delay their creditors.” Vara continued.
For its part, J&J maintains there is no definitive evidence to suggest that its Talc-based products, such as the 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 this year.
J&J intends to steer clear of the costly business of going to trial. The company has won most of the cases that were decided through trial, though some losses have been severe.
A well-known trial in Missouri ended in a $4.7 billion judgment against the drug manufacturer, which was later reduced to $2.1 billion following 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 settled. In 41 trials 32 of them ended in a win by J&J, a mistrial or plaintiff verdicts that were reversed after appeal. Is talc in medication safe. Additionally, the company in 2020 sought to settle nearly 1000 cases for $100 million, Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc In Medication Safe
Our lawyers handle baby powder cases in all 50 states. The lawsuits involving talcum powder in the case of Johnson & Johnson have been ongoing for many years. Is talc in medication safe. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in many products, including the Baby Powder as well as Shower to Shower which can cause ovarian cancer among some women.
This page offers the J&J Talc Power litigation update and provides an overview of how the upcoming bankruptcy ruling affects the final settlement amounts of these ovarian cancer lawsuits.
Has the deadline passed for you to make a claim for talcum powder? Many who believe the statute of limitations has passed to sue Johnson & Johnson are wrong. Call us at 800-553-882 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc In Medication Safe
June 2 2023 Update: During the trial for asbestos-containing talc at the trial in California yesterday, a few technical glitches interrupted the opening statement by the defense lawyers. Is talc in medication safe. Jurors from their homes via Zoom however, heard Johnson & Johnson’s lawyer expressing doubt about the science of the 70s claiming asbestos was present in their product prior to the proceedings abruptly ended.
Meanwhile, the plaintiff was able to present an initial witness Arthur Langer. Langer explained that the existence of other minerals with the talc mineral is a given. He said that his team informed J&J in the year 1971 about the presence of asbestos chrysotile in the talc of the company, but at less than 0.1 percent. He also uncovered more asbestos in the year 1976.
June 1st, 2023 Update Is talc in medication safe. The first trial since J&J decided to spin off its Talc segment and file for bankruptcy marks an important point of the ongoing lawsuit saga. The trial started yesterday in the tragic case of a young 24 year-old plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma in the past year, which both sides of the argument agree is a tragic loss.
Opening statements laid bare distinct differences between each side’s narrative. The attorney for the plaintiff took aim on Johnson & Johnson, alleging that the company employed deceitful techniques in its research practices and throughout the litigation procedure. The attorney claims that, according to, Johnson & Johnson attempted to alter asbestos’ definition, in spite of internal documents from 1998 and 1994 that show asbestos fibers in the plaintiff’s tissue are included.
Johnson &J’s highly uncertain $8.9 billion settlement deal hangs in the balance with the course of this trial. Despite the distinctive nature of this mesothelioma lawsuit and its distinctive issues in comparison to most talcum powder lawsuits A verdict in favor of the plaintiff could be a serious setback to J&J’s expectations of widespread acceptance of their proposed settlement with plaintiffs.
May 31, 2023: Update from Johnson and Johnson’s bankrupt talc division was able to defend it’s second Chapter 11 filing in the in the face of challenges from victims of talc injuries. In an opposition filed with the New Jersey bankruptcy court, it argued that the case was vastly different from the previous filing. It emphasized the unprecedented commitment of $8.9 billion to J&J, the biggest settlement ever to be made in an bankruptcy case involving mass torts. Is talc in medication safe. It was not mentioned how the amount of the settlement indicates that it is a fair settlement. J&J also claimed that it received support from various plaintiffs’ law firms representing over 600,00 claimants. This is hard to verify but likely incorrect.
May 24 2023 Update: As of Johnson & Johnson’s bankruptcy in 2021 filing, the very first trial on its cosmetic talc products that are believed to with asbestos content is scheduled to commence jury selection on Monday in California within the Alameda County Superior Court, a historically good court for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure through J&J’s products, an allegation the company has denied. The trial also involves six retailers accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J talc bankruptcy are disputing who should be chosen to fill the position of future claims representative. This is a role that is critically essential in resolving the claim for talc. Is talc in medication safe. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the United States, was appointed as the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed to that role in the future, however lawyers representing the talc plaintiffs have raised objections due to the fact that Ellis has a conflict of interest that should prevent her from being appointed to that post once more. The conflict stems from the fact that Ellis was apparently involved in the creation of the hotly contesting second bankruptcy, which raises questions about her capacity to be neutral. The reality is this bankruptcy could be tossed out anyway.
May 17, 2023 Update The pretend company that J&J made up for the talc litigation bankruptcy disclosed to an New Jersey bankruptcy court that they have set aside $400 million to pay the claims made by states accusing the company of deceitful advertising for its talc products. Is talc in medication safe. This amounts to an $8.5 billion settlement to cancer victims. It’s hard to imagine a scenario where J&J can get the baby powder settlements in these figures. Although J&J’s $8.5 billion offer sounds like a large sum initially, it does not look very appealing when you consider the math. The settlement plan based on our rough calculations, would not offer victims anything more than $100,000 per instance. That’s not enough.
May 15 2023 update: J&J may be in the middle of a lawsuit brought by an advocacy group that represents cancer patients. Is talc in medication safe. The group claims J&J deliberately withdrew a $61.5 billion fund-raising agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group claims this decision could be interpreted as a fraudulent transfer of the victims’ compensation rights. They intend to investigate J&J’s actions following of the denial of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: During the next week this week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy filing by J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however this bankruptcy court has issued an order calling for both parties to participate in a new settlement mediation in the hope that a global settlement deal can come to fruition.
May 5, 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. Is talc in medication safe. More than 2700 people have filed lawsuits against the firm and it has been spending $1 million a month to defend its legal position. The company’s latest $29 million verdict in 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 taken over in the hands of the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of the litigation.
May 4, 2023 update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to restart talks with lawyers who turned down the company’s proposed $8.9 billion agreement. In Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps in another bankruptcy proceeding. Judge Kaplan encouraged further settlement talks.
This is the answer to settle these claims with J&J. A baby powder settlement could be achieved. Is talc in medication safe. But it will require additional money – perhaps billions of dollars – coming from Johnson & Johnson.
Lawyers have a split opinion on whether to take the proposal or not and not all clients see the issue the same way their lawyer views it. The second bankruptcy case is expected to fail, and Judge Kaplan has set a date for a hearing in June to decide if he will close the case for the third time.
May 3 2023 Update: A group of cancer victims suing Johnson & Johnson (J&J) asked to have 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 surrounding talc-based products. The group of talc claimants filed a motion on Tuesday, asking for the Third Circuit to consider their case and send it back before a court of lower jurisdiction with instructions to discharge the bankruptcy. Is talc in medication safe. They also requested that the stoppage of tort litigation against J&J continue to continue.
LTL requested Chapter 11 protection once again after its bankruptcy filing was denied in the Third Circuit earlier this year and offered the possibility of an $8.9 billion deal. The committee says that the recent ruling allowing LTL’s third Chapter 11 to continue, in addition to halting trials against J&J should be subject to urgent Third Circuit review. The US Trustee also requested that an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J intends to file a statement to the appeals court characterizing the filing as an “desperate and legally inadequate plan” by a handful of law firms that have conflicts of financial interests.
May 1, 2023 Update: One common question that people ask is how could plaintiffs and their lawyers be able to turn off $8.9 billion. Of course, that’s an enormous amount of money. There are a lot of victims. Is talc in medication safe. They are a great arguments for plaintiffs. We have been reminded of this recently in two talc trials which resulted in big verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon was settled with the verdict worth $18.1 million. A month later, another mesothelioma talc case was brought to hearing within South Carolina and resulted in the verdict of $29 million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. One of the leading suppliers of talc within the U.S.
April 30, 2023 Update: When J&J first attempted to drag the talcum powder lawsuit into bankruptcy, it came with an offer to set aside $2 billion for settlements. The sum was ridiculously low. The talc plaintiffs had not were in favor of the offer. This time around, however, J&J has increased the offer to $8.9 in the event that the talc victims accept a bankruptcy settlement and also has the support of a large section of the talc victims as well as their lawyers. Is talc in medication safe. But with 75% of talc plaintiffs, which is needed for approval of the bankruptcy plan is not an easy task because of the number of lawyers who have vast collections of baby powder lawsuits that are opposed to the settlement.
What could solve the impasse? More billions.
April 25, 2023 Update Talc patients have requested a judge to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly-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 products caused cancer. Is talc in medication safe. 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 because it failed to show financial difficulties.
The claimants argue that LTL’s 2nd Chapter 11 case is an abuse of the bankruptcy system, and that the case is being handled in bad faith. J&J says the bankruptcy settlement has “significant backing” from the firms that represent about 60,000 potential people who are claiming. It is fair to say that the plaintiffs’ attorneys and victims are divided over what they believe is an $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits claiming that the company sold baby powder that was contaminated and causing cancer. Even though trials for the lawsuits involving talc are delayed for at least 60 days however, new lawsuits may be filed, and lawyers may begin to prepare their cases. Is talc in medication safe. The judge expressed his doubts about J&J’s attempt to relaunch its strategy in a second bankruptcy case.
April 13th 2023 update: the big news is the $8.9 billion over 25 years settlement offer. Lawyers representing cancer patients involved in the MDL collective action vowed to fight the settlement along with those who claim talc. Why? They argue that it’s not enough for 70 000 cancer patients. Is talc in medication safe. These lawyers argue that J&J should negotiate a larger settlement or settle individual claims if the most recent bankruptcy is thrown out.
However, there is a second group of lawyers that is not part of the leadership group in group action. They have amassed many thousands of cases. They want to settle the case now in what many believe to be less than the victims deserve. Their argument seems to be twofold. They argue that the settlement – about 100,000 dollars per plaintiff – is fair.
This is an argument that is difficult to present. However, their second argument has more force: the victims can now not wait and they want their money now.
April 12 2023 Update: People are looking for ways J&J is able to file for bankruptcy once more. The answer is complicated and convoluted. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to resolve both current and future talc lawsuits conclusively. It believes it can pay less in the event of a bankruptcy component that applies pressure to settle. Is talc in medication safe. Driving past more than 400 years in American history, the company argues that bankruptcy benefits all parties by distributing settlements more equally and efficiently than trial courts, where some litigants receive significant payouts, while others are left with nothing.
The essence of the 3rd Circuit decision was this isn’t a case that involves an enterprise that is profitable, forming a subsidiary to take the legal responsibility and declare bankruptcy Congress considered when it was drafting the Bankruptcy Code. However, the court also ruled that the subsidiary was not in financial distress due to the fact that J&J assured it of unlimited funding.
Thus, J&J took advantage of the unlimited funding aspect of the contract and didn’t make any promises to provide unlimited funding for litigation. The company claims that its new financing agreements with its subsidiary will address concerns of the appeals court while supplying funds for claim payments. As if offering victims lesser money could solve the overall issue.
Lawyers representing cancer patients who do not agree with the agreement counter this by arguing that the plaintiff is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s decision. The hyperbole wasn’t spared the lawyers representing victims call this the biggest “fraudulent deal that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe this bankruptcy will be able to last. But it’s a way of trying to push this $8.9 billion settlement to keep the pressure on plaintiffs.
April 10 2023 Update Bloomberg offers an informative report on a brand new law in New Jersey that is shedding new light on the funding of litigation in the baby powder class action lawsuit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims that were brought against Johnson & Johnson (J&J) over talc products in exchange for a percentage of any profits. J&J is now offering to pay $8.9 billion to settle all lawsuits.
The involvement of the funders is made public because of the New Jersey court rule requiring the release of certain details about funders outside the state. The rules aim to tackle the growing demands for regulation of litigation funders. J&J is facing more than 60,000 claims when you include federal and state Baby Powder lawsuits. Third-party financing in mass tort cases has its pros and cons. But there is no question that we are witnessing how third-party financing can help level the playing field between people and big corporations in court.
April 4, 2023 Update: It is pleasing to see the worm turning in this litigation. J&J suffered another setback this week when an appeals court in the Third Circuit denied J&J’s request to extend the automatic stay as J&J appeals an appeal at the U.S. Supreme Court. It has halted thousands of talcum powder cases and stopped new lawsuits from arising ever since J&J launched the controversial attempt to spin the talc debts into a bankrupt company over one year in the past. Is talc in medication safe. After the 3rd Circuit ruled that this bankruptcy was invalid just a few months ago the stay was removed. J&J wanted to see it continued pending hearing the SCOTUS appeal. But, 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 for the Supreme Court is willing even to accept the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay having been officially lifted, the first new cases have been filed and transferred into the class action involving talcum powder MDL in over one year. Seven new talc lawsuits have been joined to the MDL in the last month, bringing the total number of cases pending to 37,522.
February 25 2023 Update The following information is available: A Congressmen from Tennessee is now calling for be the U.S. Government Accountability Office (GAO) initiate an investigation into how much J&J products containing talc have cost the government in the years.
Recently, in an open letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of failing to recognize the dangers of its talc product for decades while tax dollars were utilized to treat people injured by exposure to the product. This lawsuit comes a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Is talc in medication safe. J&J should begin to make reasonable settlement proposals for victims in order to put all of this behind it. This is a blemish on one of the most prestigious firms.
February 14 , 2023 Update: At an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc in medication 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!