You May be Entitled to Significant Compensation Is using talc 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 make payments of 400 million dollars to US state AGs. Is Using Talc Dangerous .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of a wider $8.9 billion plan to settle allegations that it’s Baby Powder and other talc product causes cancer. Is using talc dangerous.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay for different types of cancer sufferers in a bankruptcy settlement. Is using talc dangerous. J&J has stated that its Talc products are safe, and do not cause cancer. The company is trying for the second time to end more than 38,000 lawsuits in bankruptcy and prevent new cases from coming forward in the near future.
The bankruptcy plan of LTL would pay $400 million into an additional trust to settle lawsuits filed by state attorneys general claiming that J&J violated the state’s unfair commercial practices as well as consumer protection laws by misinforming consumers about the quality of its talc products.
Many states had initiated consumer protection lawsuits against J&J before LTL’s first bankruptcy filing stopped these investigations from moving forward in 2021. Is using talc dangerous. New Mexico and Mississippi had already initiated suits with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands in LTL’s court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims as well as the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a successful company such as J&J can’t benefit from bankruptcy protections intended for people with debt problems.
The first time LTL attempted to settle the bankruptcy cases was dismissed following similar arguments. In the end, a U.S. appeals court determined the LTL wasn’t in “financial distress” and was not eligible for bankruptcy protection. Is using talc dangerous. LTL had filed for bankruptcy again in just two hours following the decision to dismiss, arguing that its second attempt was different in that it had less money and had more support for an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates state law enforcement authorities in attempting to unilaterally limit LTL’s liability to state consumer protection actions.
Is Using Talc Dangerous
LTL’s filings for the new year also contained more information about how the company would evaluate and pay claims for cancer when the bankruptcy plan is approved.
The largest amount of money under the settlement would be $500,000 for those diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for those who have been diagnosed with advanced ovarian cancer prior to age 45.
From there, the proposed settlement provides discounts based on the severity and type of cancer, the patient’s age, history of talc use and other factors. Is using talc dangerous. For instance someone who regularly used talc products on a weekly basis, who had an ancestral history of ovarian cancer and was diagnosed stage II ovarian cancer at age 55 may qualify to receive a payout of $21,125 according to the plan.
Judge orders J&J and talc opponents to take part in settlement talks.
Following another round of hearings in Johnson &Johnson’s attempt to utilize a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the strategy to engage in talks to reach a settlement, Bloomberg reports.
With its second bankruptcy bid for LTL Management–a subsidiary established by J&J to handle the claims company offered a settlement of $8.9 billion. Is using talc dangerous. While one firm representing plaintiffs support the settlement, a different group is opposed to the offer.
This week, the opposition group, known as”the Official Committee of Talc Claimants in the bankruptcy court, demanded to dismiss the case by asserting that LTL can not be considered to be in financial trouble.
“The filing is an unjust and legally flawed attempt by a tiny number of law firms to stop claimants from deciding on the resolution, which the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Is using talc dangerous. “The law firms behind these filings have interests in finance that do not align with, diverge from and oppose the interests they represent. We will be submitting a response to the appellate court.”
Is using talc dangerous. Clay Thompson, a lawyer for MRHFM, which is home to more than patients with mesothelioma who have sued J&J for bankruptcy, told the second bankruptcy attempt of J&J will fail.
“J&J issue press releases describing how fantastic the plan is but simultaneously requesting that details of the plan, such as what individuals with illnesses would receive — be kept private,” Thompson said in an announcement. “What do J&J have to conceal?”
Kaplan has commanded the parties to devise a second restructuring plan, with the oversight and supervision of mediators.
As of February 2022 Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that would release the company from the thousands of lawsuits over its talcum products.
However, in January of this year, a federal appeals court overturned the decision, ruling that the company was not able to be considered to be in “financial difficulty.”
In the event that J&J’s request to challenge the U.S. Supreme Court was dismissed the same month, J&J declared bankruptcy about two hours later. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether or not to accept another bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B cost of litigation involving talc.
Through Two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were placed on hold. Is using talc dangerous. J&J wants the claimants to decide whether they want to accept the settlement. J&J will require 75% of the vote for the deal to go through.
Alongside the group of talc lawyers who panned the company’s bankruptcy and the U.S. Trustee which is a division that is part of the U.S. Department of Justice, also filed an application to dismiss LTL’s second bankruptcy case.
In a recent filing, U.S. trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest, but naive debtors.” The doors “are not open to any parties who do not have a legitimate bankruptcy purpose or that seek to take advantage of the bankruptcy process to delay or hinder their creditors,” Vara continued.
For its part, J&J maintains there is no conclusive evidence that its products containing talc, such as its famous baby powder, cause cancer. J&J has taken the products of the market, first to be available in North America in 2020–and the remainder of the globe later this year.
J&J intends to steer clear of the cost of going to court. It has won the majority of cases that have been decided through trial, though some losses have been very punishing.
A highly publicized trial in Missouri resulted in an $4.7 billion verdict against the drug maker and was later lowered 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 in appeal or concluded. Out of 41 trials, 32 have ended in the favor of J&J, a mistrial or plaintiff verdict that was reversed on appeal. Is using talc dangerous. In addition, J&J in 2020 sought to settle more than 1,000 cases worth the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Using Talc Dangerous
Our lawyers are handling baby powder cases in all 50 states. The talcum powder lawsuits for Johnson & Johnson have been ongoing for many years. Is using talc dangerous. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in many products, including the Baby Powder and Shower to Shower which can cause cancer of the ovary in certain women.
This page gives an J&J Talc Power Update and discusses how the upcoming bankruptcy ruling impacts the ultimate settlement amounts of the ovarian cancer lawsuits.
Is the deadline for you to make a claim for talcum powder? Many people who think the statute of limitations has passed to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Using Talc Dangerous
June 2 2023 Update: In the asbestos talc case at the trial in California yesterday, a couple of technical issues halted the opening statement by the defense lawyers. Is using talc dangerous. Jurors from home via Zoom and hearing the Johnson and Johnson’s lawyer express doubt about the 70s research affirming the presence of asbestos in their product before the proceedings abruptly ended.
In the meantime, the plaintiff could present the first of their witnesses, Arthur Langer. Langer said that the presence of additional minerals along with the talc’s mineral content is inevitable. He also testified that his team informed J&J in 1971 of the presence of chrysotile asbestos within the company’s talc, albeit in lower than 0.1 percent. The asbestos was discovered by him in the year 1976.
June 1, 2023 Update: Is using talc dangerous. This is the first court trial that has taken place since J&J took the decision to disband its Talc division, and then declare bankrupt is an important point for the ongoing lawsuit drama. The trial began on Tuesday in the harrowing 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 lawyers on both sides agree is a tragedy of a different kind.
The opening statements exposed the distinct differences between each side’s narrative. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging that the company employed deceitful strategies in its research practices as well as throughout the litigation procedure. As per the lawyer, the company tried to manipulate asbestos’ definition, in spite of internal documents from 1978 and 1994 showing that asbestos fibers that were found in the tissue of the plaintiff are included.
Johnson &J’s highly uncertain $8.9 billion settlement deal hangs in the balance with the development of the trial. Despite the particularity of the mesothelioma trial and the unique issues it faces compared to other lawsuits involving talcum powder ruling in favor of the plaintiff could result in an unintended setback to Johnson & J’s hope of gaining broad acceptance for their proposed settlement with plaintiffs.
May 31, 2023: Update from Johnson & Johnson’s bankrupted talc unit has strongly defended the Second Chapter 11 filing in the face of challenges from talc injury claimants. In an objection submitted to the New Jersey bankruptcy court, the subsidiary argued that the filing differed fundamentally from the earlier filing. It also emphasized the unprecedented commitment of $8.9 billion by J&J which is the largest settlement ever in the history of a mass tort bankruptcy. Is using talc dangerous. There was no mention of how the magnitude of the settlement implies that it is a fair settlement. J&J also claimed support from various plaintiffs’ law companies representing over the 60,000 plaintiffs. This is difficult to verify but it’s likely to be false.
May 24 2023 Update: As of Johnson &J Johnson’s bankruptcy filing, the very first trial regarding its cosmetic talc products allegedly comprised of asbestos is set to start jury selection on Monday, May 24, California within the Alameda County Superior Court, the most favored court for plaintiffs. The plaintiff claims that his mesothelioma resulted from asbestos exposure in J&J’s product, an allegation that the company is denying. The trial also includes six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers involved in the second J&J talc bankruptcy are in a dispute over who should be chosen to fill the position of future claims representative, a role that is critically critical to resolving claim for talc. Is using talc dangerous. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation was appointed the claims representative during the first bankruptcy. J&J’s defense group wants Ellis to be appointed to that role in the future, however lawyers representing the talc plaintiffs have raised objections because Ellis has conflicts of interest which should stop her from holding that position for the second time. The issue stems from the possibility that Ellis was apparently involved in drafting the controversially contested second bankruptcy, which raises questions regarding her capacity to remain neutral. The reality is this bankruptcy could be tossed out anyway.
May 17, 2023 Update: The fake company J&J put together for the talc litigation bankruptcy disclosed to the New Jersey bankruptcy court that they have set aside $400 million to settle the claims of states that accuse J&J of misleading marketing for its talc-based products. Is using talc dangerous. So that makes it an $8.5 billion settlement to cancer victims. It’s difficult to envision the scenario in which J&J will be able to push these settlements for babies with these numbers. While J&J’s proposed $8.5 billion offer may seem like a large sum initially, it will not appear appealing when you do the math. The proposed settlement based on our rough calculations – would not pay victims much more than an average settlement $100,000 per case. This isn’t enough.
May 15 2023 update: J&J may be in the middle of a lawsuit by an advocacy group representing cancer patients. Is using talc dangerous. The group claims that J&J intentionally canceled a $61.5 billion funding agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial stress and verify the unit’s Chapter 11 bankruptcy filing. The group claims that this move is equivalent to a fraudulent transfer of the rights of compensation for victims. They plan to explore J&J’s actions following of the denial of LTL’s first bankruptcy suit.
May 10 2023 Update: The following week this week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy application by J&J subsidiaries LTL Management. However, in the meantime this bankruptcy court has issued an Order requiring both sides to participate in a settlement mediation to see if a global settlement deal can brokered.
May 5, 2023 Update: The talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer from asbestos exposure. Is using talc dangerous. Over 2700 people have sued the company and the company was spending $1 million a month to defend its legal position. The company’s recent $29 million verdict in South Carolina forced it to file for bankruptcy protection, arguing that assets should be distributed in an equitable manner between the claimants of talc instead of being taken through the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of litigation.
May 4 2023 update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to restart settlement discussions with lawyers who rebuffed the proposed $8.9 billion offer for settlement. At Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps for the second bankruptcy case. Judge Kaplan was pushing for more settlement discussions.
This is the solution to resolve the claims of J&J. A settlement for baby powder can be achieved. Is using talc dangerous. However, it will require additional money – perhaps billions of dollars by Johnson & Johnson.
Lawyers are divided over whether or not to accept the plan and not all clients view the issue in the same manner their lawyer views it. The second bankruptcy case is bound to be a failure and Judge Kaplan has set a date for a hearing in June to determine if she will remove the bankruptcy after the second.
May 3 2023 Update: A group representing cancer victims who are suing Johnson & Johnson (J&J) requested to have the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation over talc products. The group of talc claimants has filed a motion this week, asking that the Third Circuit to consider their case and then send it back an earlier court with instructions to discharge the bankruptcy. Is using talc dangerous. The committee also requested that the lawsuit against the halted torts of J&J should be permitted to continue.
LTL has filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected by the Third Circuit earlier this year and offered an $8.9 billion agreement. The committee argues that the recent ruling allowing the second Chapter 11 to continue, and also stopping trials against J&J should be subject to the immediate Third Circuit review. The US Trustee has also requested be the 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 plans to file a response in the appeals court characterizing the filing as a “desperate and legally insufficient move” by a small number of law firms that have different financial interests.
May 1 2023 Update: A question people keep asking is how could plaintiffs and their attorneys turn down $8.9 billion. Of course, that is a lot of money. However, there are lots of victims. Is using talc dangerous. These are actually a good case for plaintiffs. We were reminded recently when two talc cases ended in large verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon resulted in a verdict worth $18.1 million. The following month, a second mesothelioma talc case was brought to the court within South Carolina and resulted in the verdict of $29 million to the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc., one of the top suppliers of talc within the U.S.
April 30 2023 Update: In the year 2023, when J&J first tried to bring the lawsuit over talcum powder into bankruptcy, it was met with an offer to put aside $2 billion for settlements. The amount was absurdly low. All of the talc plaintiffs agreed with it. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs will allow a bankruptcy settlement and they also have the backing of a significant section of the talc victims as well as their lawyers. Is using talc dangerous. But 75% of the plaintiffs who are a talc, which is needed for approval of the bankruptcy plan is a difficult road with so many lawyers with massive inventories of baby powder lawsuits opposed in favor of the deal.
What are the solutions to the impasse? More billions.
April 25, 2023 Update Talc Cancer victims have requested a judge to disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, insisting that the company is not financially troubled. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Is using talc dangerous. The 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company wasn’t eligible for bankruptcy relief because it did not show financial distress.
The claimants assert that the second Chapter 11 case is an abuse of the bankruptcy system and it is being pursued in bad good faith. J&J states that the bankruptcy settlement receives “significant support” from firms representing approximately 60,000 people who are claiming. It’s safe to say that plaintiffs’ lawyers and victims ‘ lawyers are divided on what they believe is an $8.9 billion offer for settlement.
April 21st, 2023 Update: A bankruptcy judge ruled the company Johnson & Johnson must face new lawsuits alleging that it offered a baby powder with a contaminant that caused cancer. Although the trials for the talc lawsuits have been suspended for a minimum period of 60 days but new lawsuits can be filed and lawyers are able to begin preparing their cases. Is using talc dangerous. Judges expressed doubt about J&J’s ridiculous effort to revive its strategy with the second bankruptcy case.
April 13th 2023: Update on the most important story is that there’s an $8.9 billion over the next 25 years settlement offer. Lawyers representing cancer victims who are part of MDL class action MDL group action promised to fight the settlement along with talc claimants. Why? They argue that it’s not enough for those suffering from cancer who are 70,000. Is using talc dangerous. They argue that J&J could negotiate a greater settlement or litigate individual claims in the event that the latest bankruptcy is declared unconstitutional.
However, there is a second group of lawyers that is not part of the leadership in group action. These lawyers have collectively amassed the equivalent of tens of thousands of lawsuits. They want to settle today for what many argue is far less than what these victims deserve. Their argument is two-fold. The first is that they claim the settlement, which is about an average of $100,000 per plaintiff – is fair.
It’s a difficult argument to prove. However, their second argument has more force: victims should be no longer patient and demand to get their money right now.
April 12 2023 Update: Many are wondering if J&J can go through bankruptcy again. The answer is complicated and confusing. 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 lawsuits involving talc conclusively. In other words, it thinks it can get a lower rate when there is a bankruptcy element that creates pressure to settle. Is using talc dangerous. In a quest to cover 400 years of American history, the firm claims that bankruptcy benefits everyone by dispersing settlements more equally and more efficiently than trial courts where litigants are awarded significant payouts, while others are left with nothing.
The main thrust of the 3rd Circuit decision was this isn’t a case that involves an enterprise that is profitable, forming subsidiaries to meet the legal liability and declare bankruptcy – something Congress thought of when drafting its Bankruptcy Code. But it also said that the entity was in financial distress because J&J assured it of unlimited funding.
Thus, J&J took advantage of the unlimited funding portion of the holding and didn’t make any promises to provide unlimited funding for lawsuits. The company says that its new financing agreements with its subsidiary address appeals court’s concerns, while offering claim payment funds. It’s as if giving victims less money would solve the overarching problem.
Attorneys representing cancer patients who oppose the agreement counter this with what you conclude is the legal argument. Is using talc dangerous. They counter with legal nonsense: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s previous decision. Hyperbole is not exempt attorneys representing the victims claim this the biggest “fraudulent move in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think that the bankruptcy will endure. It is however a method of pushing this $8.9 billion settlement, and 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 plaintiffs in the class action. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any winnings. J&J is now offering to pay $8.9 billion to settle lawsuits.
The involvement of the funders is public knowledge due to the New Jersey court rule requiring the disclosure of certain information about outside funding backers. The rule aims to respond to the increasing calls for the regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you include state and federal infant powder litigation. Third-party funding for mass tort lawsuits is not without its pros and pros and. There is no doubt that we are witnessing how third-party funding could level the playing field for individuals and large corporations in court.
April 4, 2023 Update: It is enjoyable to see the worm turning in this case. 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 while J&J appeals an appeal to the U.S. Supreme Court. The automatic stay has halted thousands of talcum powder cases and stopped new lawsuits from getting filed ever since J&J launched the controversial attempt to spin talc-related liabilities into a bankrupt entity over one year earlier. Is using talc dangerous. When the 3rd Circuit ruled that this bankruptcy was invalid a few months ago, the stay was lifted. J&J wanted to see it continued pending hearing 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 the Supreme Court is willing even to take up the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay having been in effect, the first new cases have been filed and transferred into the talcum powder class action MDL in over one year. Seven new talc-related lawsuits were joined to the MDL in the last month and brought the total number of cases that are pending to 37,522.
February 25 2023 Update The following information is available: A Congressmen from Tennessee is now requesting that the U.S. Government Accountability Office (GAO) launch an investigation into the cost J&J talc products have cost the government in the years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of not recognizing the risks of its talc-based products for decades while tax dollars were spent on treating people who suffered injuries from exposure to the chemicals. The suit comes just a few days after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is using talc dangerous. J&J must begin making fair settlement offers to victims, in order to put all of this behind it. This is a blemish on one of the world’s greatest companies.
February 14 2023 Update: In an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is using talc 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!