You May be Entitled to Significant Compensation Is talc safe in medicines. 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. Is Talc Safe In Medicines .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its larger $8.9 billion settlement of allegations that its Baby Powder and other talc-based products cause cancer. Is talc safe in medicines.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company plans to pay different kinds of cancer patients in a bankruptcy settlement. Is talc safe in medicines. J&J has stated that its talc products are safe and don’t cause cancer. J&J is seeking an additional time to conclude more than 38,000 lawsuits filed in bankruptcy and prevent new cases from arising in the near future.
LTL’s bankruptcy plan will pay $400 million to an additional trust to settle lawsuits filed in state courts by attorneys general alleging that J&J had violated states’ unfair practices as well as 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 those investigations from taking place in 2021. Is talc safe in medicines. New Mexico and Mississippi had already brought suit 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 decided to declare LTL’s bankruptcy unfinished as well as cancer patients as well as those affected by cancer and the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a successful company such as J&J cannot benefit from bankruptcy protections aimed at those struggling with debt.
The first attempt by LTL to resolve the bankruptcy cases was dismissed after similar arguments. In the end, a U.S. appellate court determined it was not LTL wasn’t in “financial distress” and therefore not eligible for bankruptcy protection. Is talc safe in medicines. LTL had filed for bankruptcy again just over two hours after that dismissal, arguing that the second bankruptcy was different due to the fact that it had less money and more backing for an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s bankruptcy renewal violates the state’s law enforcement authority by trying to unilaterally cap the liability of the company for state consumer protection measures.
Is Talc Safe In Medicines
LTL’s filings for the new year also contained more information about how the company would evaluate and settle cancer claims in the event that the bankruptcy plan is approved.
The highest payments under the settlement would be $500,000 for patients diagnosed with terminal mesothelioma before age 45. Is talc safe in medicines. The second payment would be $260,000 for people diagnosed with cancer of the ovary before age 45.
The proposed settlement provides discounts based on the nature and severity of the cancer, the person’s age, previous the use of talc, and other aspects. Is talc safe in medicines. For instance, a woman who used daily talc products, had the family history of ovarian cancer, and was diagnosed with Stage II cancer of the ovary at age 55 may qualify for a $21,125 payout according to the plan.
Judge gives order to J&J and talc opponents discuss settlement negotiations.
After another round of hearings in Johnson & Johnson’s effort to utilize a Texas Two-Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the move to conduct negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy bid for LTL Management, a subsidiary set up by J&J to manage the claims company offered a settlement amounting to $8.9 billion. Is talc safe in medicines. While a group of law firms representing plaintiffs is in favor of the offer, another group opposes the move.
Earlier this week, the opposition group, dubbed”The Official Committee of Talc Claimants, urged the bankruptcy court to disqualify the petition asserting that LTL is not considered to be financially distressed.
“The filing is an unjust and legally flawed attempt by a handful of law firms to try to prevent claimants from voting on the resolution, which the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Is talc safe in medicines. “The law firms that are behind the filing are pursuing financial interests which clash with, diverge from and are in opposition to the interests which their clientele. We’ll submit a response an appeal to the appellate court.”
Is talc safe in medicines. Clay Thompson, a lawyer for MRHFM, which is home to more than mesothelioma patients who have sued J&J claimed that the company’s second bankruptcy try will fail.
“J&J sends out press releases about how great the plan is but simultaneously demanding that plan details–including what individuals with illnesses would receive–be kept secret,” Thompson said in a statement. “What is J&J’s plan to keep secret?”
Kaplan has instructed both sides to create a restructuring plan, with supervision of two mediators.
As of February 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that will free the company from the hundreds of thousands of claims concerning its talcum products.
But in the month of January, a federal appeals court overturned the decision, deciding that the business could not be considered to be in “financial distress.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was denied at the end of April J&J was granted a second petition for bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 days in order to determine whether to grant to file for bankruptcy again.
J&J’s omnipotent profit engine fails after $6.9B cost of litigation involving talc.
With the Two Chapter 11 attempts, J&J has gotten 19 months of which cases were put on hold. Is talc safe in medicines. The company would like claimants to vote on accepting their settlement. J&J requires 75% support for the settlement to be approved.
In addition to the gang of talc lawyers who panned the bankruptcy of the company as well, the U.S. Trustee, an arm belonging to the U.S. Department of Justice, also filed motions to dismiss LTL’s second bankruptcy.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest but unfortunate debtors.” The doors “are not open to any parties that lack a legitimate bankruptcy reason or want to take advantage of the bankruptcy process to hinder or delay their creditors,” Vara continued.
In its own words, J&J maintains there is no proof conclusive that their Talc-based products, such as the famous baby powder, can cause cancer. J&J has adopted the products of the market, first in North America in 2020–and the rest of the world this year.
J&J wants to avoid the cost of going to court. It has prevailed in the majority of cases that have been resolved in court, however certain losses have been extremely harsh.
A highly-publicized trial in Missouri produced a $4.7 billion judgment against the drug manufacturer but 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 cases involving talc, which are on appeal or have been resolved. In 41 trials 32 of them ended in winning for J&J either through a mistrial or verdict of a plaintiff overturned upon appeal. Is talc safe in medicines. In addition, J&J in 2020 moved to settle around 1000 cases at a cost of the sum of $100 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Safe In Medicines
Our lawyers handle baby powder lawsuits in every state. The lawsuits involving talcum powder against Johnson & Johnson have been going on for a long time. Is talc safe in medicines. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in products such as Shower to Shower Powder as well as Shower to Shower and Shower to Shower, could cause ovarian cancer among some women.
This page offers the J&J update on the talc power litigation and explains how the forthcoming bankruptcy ruling affects the final settlement amount of these cases of ovarian cancer.
Did the deadline expire for you to start a lawsuit against talcum powder? Many who believe the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us at 800-553-882 or get a no-cost, quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Safe In Medicines
June 2 2023 Update: In the trial for asbestos-containing talc in California yesterday, some technical issues interrupted the opening statements made by defense attorneys. Is talc safe in medicines. Jurors who were watching at home via Zoom but did not hear Johnson & Johnson’s lawyer expressing doubts about the 70s research claiming asbestos was present in their product before the proceedings abruptly ended.
In the meantime, the plaintiff was able to present the first of their witnesses, Arthur Langer. Langer stated that the presence of other minerals with talc is inevitable. He also testified that his team had notified J&J in the year 1971 of the presence of chrysotile asbestos the talc of the company, but with lower than 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update Is talc safe in medicines. 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 turning point for the ongoing litigation story. Trial started on Monday in the poignant case of a young 24-year-old plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma last year, which both sides agree is a tragic loss.
Opening statements revealed stark differences in each side’s story. The plaintiff’s attorney took aim at Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation procedure. As per the lawyer, the company tried to manipulate the definition of asbestos in spite of internal documents dating from 1978 and 1994 showing that fibers discovered in the plaintiff’s tissue are included.
Johnson &J’s tangled $8.9 billion settlement is hanging in the balance as we development of the trial. Despite the unique nature of this mesothelioma case and its distinctive issues in comparison to other lawsuits involving talcum powder ruling in favor of the plaintiff could cause a serious setback to J&J’s expectations of widespread acceptance of the settlement they have proposed among plaintiffs.
May 31st 2023: Update from Johnson and Johnson’s bankrupted talc unit has strongly defended the second Chapter 11 filing in the in the face of challenges from the talc injury plaintiffs. In an opposition filed with the New Jersey bankruptcy court, J&J’s subsidiary claimed that the case was distinct from the first filing. It emphasized the unprecedented commitment of $8.9 billion by J&J the biggest settlement ever to be made in an bankruptcy case involving mass torts. Is talc safe in medicines. The issue is not discussed: whether the size of the settlement means it is a fair settlement. J&J also claimed support from several plaintiffs’ legal firms representing over sixty thousand claimants. It is difficult to confirm but is probably incorrect.
May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the very first trial regarding the cosmetic talc products it claims to that contain asbestos is scheduled to commence jury selection on Monday, California within the Alameda County Superior Court, a historically good location for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure resulting from J&J’s products and the company has denied. The trial also includes six retailers accused of selling talc products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now battling over who should be appointed to the position of future claims representative, the role is crucially essential to the resolution of the claim for talc. Is talc safe in medicines. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation was appointed as the claims representative in the previous bankruptcy. J&J’s defense group wants Ellis to be appointed to this position in the future, however lawyers representing the talc plaintiffs are objecting to the claim that Ellis has conflicts of interest which should stop her from assuming that position once more. The conflict stems from the issue that Ellis was believed to have been involved in drafting the hotly litigated second bankruptcy, which raises questions about her capacity to be neutral. The reality is the bankruptcy will be tossed out anyway.
May 17, 2023 Update The pretend company that J&J created to settle the talc litigation bankruptcy told a New Jersey bankruptcy court that they have set aside $400 million to pay the claims made by states accusing the company of deceitful advertising regarding its talc products. Is talc safe in medicines. That’s an $8.5 billion settlement for cancer victims. It is hard to imagine the scenario in which J&J could push these settlements for babies in these figures. While J&J’s $8.5 billion offer seems like a large sum initially, it does not appear appealing when you do the math. This settlement proposal – by our rough calculations would not be able to pay victims more than $100,000 per instance. This isn’t enough.
May 15, 2023 Update J&J may be in the middle of a lawsuit brought by an advocacy group representing cancer patients. Is talc safe in medicines. The group claims J&J intentionally canceled an $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, to create the appearance of financial hardship and confirm the unit’s Chapter 11 bankruptcy filing. The group asserts this action could be interpreted as a fraudulent transfer of right to compensation for victims. They plan to explore J&J’s actions after the announcement of the dismissal of the first bankruptcy case of LTL.
May 10, 2023 Update: Next week in the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to reject the second bankruptcy filing by J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however, it has approved an Order calling for both parties to take part in a new settlement negotiation with the hopes of achieving a global settlement deal can brokered.
May 5th 2023 Update: Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer from asbestos exposure. Is talc safe in medicines. Over 2700 people have sued the firm and the company was paying $1 million per month to defend itself. The company’s recent $29 million settlement that was handed down in South Carolina forced it to pursue bankruptcy protection, and arguing for equitable distribution of assets between the claimants of talc instead of being taken through the receiver. Other talc suppliers have also declared bankruptcy because of legal proceedings.
May 4, 2023 update: U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume negotiations with lawyers who turned down Johnson & Johnson’s $8.9 billion agreement. It was in Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps in their second bankruptcy matter and Judge Kaplan encouraged further settlement talks.
This is the best way to resolve the claims of J&J. A settlement for baby powder can be made. Is talc safe in medicines. However, it’ll require additional money – perhaps billions of dollars from Johnson & Johnson.
Lawyers have a split opinion on whether to accept the proposal and not all clients view this issue the same way their lawyer sees it. A second bankruptcy proceeding is bound to fail the judge Kaplan has scheduled a hearing in June to determine whether to discharge the bankruptcy for the 2nd time.
May 3 2023 Update: A group representing cancer patients suing Johnson & Johnson (J&J) requested 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 involving talc products. The group representing the claimants filed a motion on Tuesday requesting for the Third Circuit to consider their case and send it back an earlier court, with instructions for dismissing the bankruptcy. Is talc safe in medicines. They also asked that stopped tort litigation against J&J should be permitted to proceed.
LTL requested Chapter 11 protection once again after its first bankruptcy filing was denied by the Third Circuit earlier this year which offered the possibility of an $8.9 billion settlement. The committee believes that the recent ruling allowing LTL’s third Chapter 11 to continue, while also halting trials against J&J, warrants an immediate Third Circuit review. The US Trustee also 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 saying that J&J plans to file a response in the appeals court, calling the request a “desperate and legally deficient move” by a small number of law firms that have different financial interests.
May 1, 2023 Update: One most frequently asked question is how plaintiffs and their lawyers be able to turn on $8.9 billion. Of course, that’s an enormous amount of money. However, there are lots of victims. Is talc safe in medicines. These are an excellent cases for plaintiffs. We were reminded recently with two talc trials resulted in big verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon led to a verdict worth $18.1 million. In the same month, a different talc mesothelioma case went to the court at South Carolina and resulted in an award of $29 million on behalf of the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. one of the leading suppliers of talc within the U.S.
April 30, 2023 Update: When J&J first tried to bring the litigation over talcum powder into bankruptcy, it was met with the option of putting aside $2 billion for settlements. It was a ridiculously small amount. None of the talc plaintiffs believed in it. This time around, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and also has the support of a substantial section of the talc victims and their lawyers. Is talc safe in medicines. However, 75% of plaintiffs of talc are needed for approval of the bankruptcy plan is a difficult road with so many lawyers with massive inventory of baby powder lawsuits that are opposed in favor of the deal.
What could solve the impasse? More billions.
April 25 2023 Update: Talc patients have sought a court order to reject the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Is talc safe in medicines. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January, saying the company was not eligible for bankruptcy relief because it did not show financial distress.
The plaintiffs argue that LTL’s 2nd Chapter 11 case is an abuse of the bankruptcy system, and that it’s being pursued in bad faith. J&J states that the bankruptcy settlement has “significant support” from companies representing around 60,000 people who are claiming. It’s fair to say plaintiffs’ lawyers and the victims are split over their disagreement over the $8.9 billion amount of settlement offered.
April 21st, 2023 Update: A bankruptcy judge has ruled that Johnson & Johnson must face new lawsuits alleging that the company sold a baby powder that contained a chemical that causes cancer. Although trials for the talc lawsuits have been suspended for a minimum of 60 days but new lawsuits can be filed and lawyers are able to begin preparing their cases. Is talc safe in medicines. Judges expressed skepticism about J&J’s absurd attempt to relaunch its strategy in a second bankruptcy case.
April 13th, 2023 Update: big news is the $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer patients who are part of MDL class action MDL group action vowed to challenge the settlement the talc claimants. Why? They believe it’s not enough for 70 000 cancer patients. Is talc safe in medicines. These lawyers believe that J&J should seek a bigger settlement or settle individual claims if the most recent bankruptcy is declared unconstitutional.
But there’s a separate group of lawyers that is not part of the leadership of the class action. They have amassed many thousands of cases. They want to settle today in what many believe to be less than these victims deserve. Their argument is two-fold. They argue that the settlement – about 100,000 dollars per plaintiff is fair.
This argument isn’t easy to present. But their second argument has more force: victims should not afford to wait any longer and need the money immediately.
April 12, 2023 Update: People are looking for ways J&J is able to file for bankruptcy again. The answer is complex and convoluted. 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 believes it can pay less if there is the bankruptcy element which applies pressure for a settlement. Is talc safe in medicines. Driving past 400 years of American past, the company claims that bankruptcy benefits everyone by dispersing settlement payments more equitably and effectively than trial courts, in which some litigants receive substantial award while others do not.
The basic tenet of this 3rd Circuit decision was this isn’t a case that involves one that makes a profit, but an entity to assume the legal liability and declare bankruptcy – something Congress contemplated when drafting the Bankruptcy Code. It also clarified that the entity was financially trouble because J&J offered unlimited financing.
Thus, J&J decided to go with the funding unlimited part of the holding but did not pledge that it would provide unlimited funds for the litigation. The company claims that its revised financing arrangements with its subsidiary addresses the concerns of the appeals court while providing funds for claims. As if providing victims with less money would solve the overarching problem.
Lawyers representing cancer patients who do not agree with the agreement counter this by arguing that the plaintiff is the legal argument. Is talc safe in medicines. They counter with legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s ruling. Hyperbole is not exempt by the victims’ lawyers, who call it the most significant “fraudulent transfer that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think that the bankruptcy will endure. However, it’s a means to try and push the $8.9 billion settlement through and maintain the pressure on plaintiffs.
April 10 2023, Update Bloomberg has an interesting report on a brand new law within New Jersey that is shedding new light on the funding of litigation in the plaintiffs in the class action. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) concerning talc products in exchange for a share of any settlements. J&J is now willing the payment of $8.9 billion to settle all lawsuits.
The funders’ involvement is public knowledge due to the New Jersey court rule requiring the release of certain details about outside funding backers. This rule is intended to address the growing calls for regulation of the litigation funders. J&J is facing more than 60,000 claims when you include state and federal baby powder lawsuits. Third-party funding of mass tort cases is not without its pros and cons. But there is no question that we are witnessing how third-party financing can help level the playing field for individuals and big companies in court.
April 4, 2023 Update: It is fun to watch the worm turn in this legal battle. J&J was hit again this week, when they were denied by the Third Circuit denied J&J’s request to extend the automatic stay as J&J appeals an appeal to the U.S. Supreme Court. It has stopped thousands of talcum powder cases and prevented new lawsuits from getting filed ever since J&J started the controversial process to spin the talc debts off into a bankrupt company over one year earlier. Is talc safe in medicines. When the 3rd Circuit ruled that this bankruptcy was not valid a few months ago, the stay was removed. J&J had hoped to have it remain in effect until an appeal to the SCOTUS appeal. But, 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 is that the Supreme Court is willing even to take up the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay having been fully lifted, the first new cases were filed and incorporated into the class action involving talcum powder MDL in the space of a year. Seven new talc-related lawsuits were joined to the MDL in the last month, bringing the total number of cases in the pending process up to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now calling for the U.S. Government Accountability Office (GAO) initiate an investigation into how much J&J Talc products have cost the government in the decades.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of ignoring the risks of its talc products over years while tax dollars were used to treat those who were injured through exposure to the chemicals. The lawsuit comes just a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Is talc safe in medicines. J&J has to begin making reasonable settlement proposals to victims to to put all of this behind it. It’s a mark on one of the top firms.
February 14 2023 Update: At an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc safe in medicines. 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!