You May be Entitled to Significant Compensation Is using talc safe. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed talc settlement will pay $400 million to US state AGs. Is Using Talc Safe .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its broader $8.9 billion effort to settle allegations that it’s Baby Powder as well as other talc products cause cancer. Is using talc safe.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay for different types of cancer patients in the bankruptcy settlement. Is using talc safe. J&J has declared that its products containing talc are safe and do not cause cancer. It’s trying for the second time to end more than 38,000 lawsuits in bankruptcy, as well as prevent new lawsuits from coming forward in the near future.
The bankruptcy plan of LTL would pay $400 million to a separate trust for claims made by state attorneys general claiming that J&J did not comply with the state’s unfair commercial practices and consumer protection laws by misinforming consumers about the safety of its talc products.
Some states had started consumer protection actions against J&J prior to the first bankruptcy filing stopped these investigations from moving forward in 2021. Is using talc safe. New Mexico and Mississippi had already initiated actions in the past against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas, according to LTL’s court filings.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy as well as cancer patients as well as those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. They argue that a profit-making firm like J&J cannot benefit from bankruptcy protections meant for struggling debtors.
The first attempt by LTL to resolve the bankruptcy cases was dismissed following similar arguments. The U.S. appeals court determined in favor of LTL did not have “financial difficulty” and was not eligible of bankruptcy protection. Is using talc safe. LTL made a new bankruptcy application just over two hours after the decision to dismiss, arguing that the second bankruptcy was different because it was able to borrow less and had a greater chance of securing an agreement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement powers by trying to unilaterally cap LTL’s liability to state consumer protection laws.
Is Using Talc Safe
The filings of LTL’s latest bankruptcy proceedings also include more information on how the company would assess and settle cancer claims if the bankruptcy plan is approved.
The maximum amount under the settlement will be $500,000 for those diagnosed with terminal mesothelioma before age 45. Is using talc safe. The second payment would be $260,000 for people diagnosed with advanced ovarian cancer before age 45.
From there, the proposed settlement offers discounts based on the severity and type of cancer, the individual’s age, history of usage of talc and other variables. Is using talc safe. For instance the case of a woman who used talc products on a weekly basis, who had a family history of ovarian cancer and was diagnosed with an ovarian cancer stage II at age 55 could be in line for a $21,125 payout under the program.
Judge gives order to J&J and talc opponents engage in settlement talks.
Following another hearing in Johnson and Johnson’s efforts 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 plan to enter into negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary set up by J&J to hold the claims–the company proposed a settlement of $8.9 billion. Is using talc safe. While a firm representing plaintiffs is in favor of the proposal, another group opposes the deal.
Earlier this week, the opposition group, which is known as the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss this case saying that LTL cannot be regarded as financially distressed.
“The filing is an unjust and legally flawed attempt by a few of law firms to stop claimants from voting on the resolution plan – a plan the vast and growing majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Is using talc safe. “The law firms who filed their filing are financially oriented and have conflicts that do not align with, differ from and contravene those that their customers. We’ll submit a response to the appellate court.”
Is using talc safe. Clay Thompson, a lawyer for MRHFM, which boasts more than mesothelioma patients who have sued J&J and J&J, has said that J&J’s second bankruptcy attempt will fail.
“J&J publishes press release describing how fantastic its plans are, but is requesting that details of the plan, such as what individuals with illnesses would be treated to,” Thompson said in a statement. “What does the company have to cover up?”
Kaplan has commanded the parties to come up with another restructuring plan, with the supervision by two mediators.
As of 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 January of this year an appeals court in the United States overturned the decision, deciding that the firm could not be considered in “financial trouble.”
The J&J’s plan to contest the U.S. Supreme Court was dismissed at the end of April J&J declared 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 accept the second bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B the talc litigation cost.
In the Two Chapter 11 attempts, J&J has bought 19 months during which cases have been held. Is using talc safe. The company wants claimants to vote on accepting their settlement. J&J needs 75% support for the deal to go through.
In addition to the group of talc attorneys who have panned the company’s bankruptcy in the U.S. Trustee, the U.S. Trustee, a branch from the U.S. Department of Justice has also filed a motion to dismiss LTL’s bankruptcy second case.
In a statement this week, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest but unfortunate debtors.” The doors “are not open to parties who do not have a legitimate bankruptcy objective or seek to use the bankruptcy process to delay or hinder their creditors.” Vara continued.
In its own words, J&J maintains there is no evidence conclusive that its talc products, including its popular baby powder can cause cancer. J&J has adopted the products from the market and will first launch them in North America in 2020–and the rest of the world later this year.
J&J wants to avoid the expense of going to trial. J&J has won the majority of cases that were decided at trial, but certain losses have been extremely severe.
A well-known trial in Missouri resulted in an $4.7 billion verdict against the drug maker but 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 cases in talc which are being appealed or settled. Out of 41 trials 32 have resulted in an outcome for J&J as well as mistrials or plaintiff verdicts that were annulled in appeal. Is using talc safe. Separately, the company has announced plans to settle around 1,000 cases for $110 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Using Talc Safe
Our lawyers handle baby powder lawsuits across all 50 states. The lawsuits involving talcum powder against Johnson & Johnson have been going on for a long time. Is using talc safe. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient found in products such as baby Powder and Shower to Shower which can cause ovarian cancer among some women.
This article provides the J&J talc power litigation update and examines how the coming bankruptcy ruling affects the final settlement amount in the ovarian cancer lawsuits.
Have you reached the deadline by which you to bring a talcum lawsuit? Many who believe that 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 Safe
June 2 2023 Update: At the asbestos talc case that took place in California yesterday, technical glitches interrupted the opening speech of defense lawyers. Is using talc safe. Jurors from their homes via Zoom however, heard Johnson and Johnson’s lawyer express doubt about the 70s research asserting the presence of asbestos in their product, but the proceedings abruptly ended.
Meanwhile, the plaintiff could introduce its first expert witness Arthur Langer. Langer explained that the existence of other minerals in the talc’s mineral content is inevitable. He also testified that his team was notified by J&J in the year 1971 of the presence of asbestos chrysotile in the talc produced by the company, although at less than 0.1 percent. He also found more asbestos in 1976.
June 1, 2023 Update: Is using talc safe. A trial for the first time since J&J made the decision to split its talc division, and then declare bankrupt is an important turning point in the ongoing talc lawsuit drama. Trial started on Monday in the heartbreaking case of a young 24-year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma last year, which both sides believe is a tragedy of a different kind.
Opening statements laid bare distinct differences between each side’s narrative. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation procedure. According to the attorney the company attempted to manipulate the definition of asbestos despite internal documents from 1998 and 1994 that show asbestos fibers in the tissue of the plaintiff are included.
Johnson & Johnson’s uncertain $8.9 billion settlement is hanging in the balance with the course of this trial. Despite the distinct nature of the mesothelioma trial and its distinctive issues in comparison to the majority of talcum powder lawsuits and a decision in favor of the plaintiff could cause an unintended setback to Johnson & J’s expectations of widespread acceptance of their proposed settlement with plaintiffs.
May 31st, 2023 Update: Johnson & Johnson’s bankrupt talc business was able to defend it’s Second Chapter 11 filing in the opposition of talc injury claimants. In a written objection to the New Jersey bankruptcy court, the company argued that the filing was vastly different from the earlier filing. It emphasized the unprecedented commitment of $8.9 billion from J&J as the biggest settlement ever to be made in any bankruptcy case that involves mass tort. Is using talc safe. There was no mention of how the magnitude of the settlement signifies that it’s an equitable settlement. J&J also claimed support from a variety of plaintiffs’ law firms that represent over 600,00 claimants. This is hard to verify however it is likely to be incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s bankruptcy in 2021 filing, the first trial involving its cosmetic talc products allegedly that contain asbestos is scheduled to start jury selection on Monday, California in Alameda County Superior Court, an historically reliable jurisdiction for plaintiffs. Plaintiff claims that mesothelioma was caused by asbestos exposure resulting from J&J’s products which the company does not deny. The trial also includes six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J Talc bankruptcy are currently disputing who should be appointed to the post of the claims representative in the future, a role that is critically critical to resolving claims involving talc. Is using talc safe. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation was appointed the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed to this position yet again, but the lawyers for the talc plaintiffs have raised objections due to the fact that Ellis has an unrelated conflict of interest that should prevent her from taking on that role in the future. The conflict stems from the reality that Ellis was involved in drafting the hotly contested second bankruptcy, which raises questions about her capability to remain neutral. The reality is this bankruptcy is likely to be dismissed in the end.
May 17, 2023 Update The pretend company that J&J formed for the talc litigation bankruptcy informed the New Jersey bankruptcy court that they have designated $400 million to pay the claims brought by states accusing the company of misleading advertising for its talc products. Is using talc safe. That’s an $8.5 billion settlement for cancer sufferers. It’s difficult to imagine an eventuality where J&J will be able to push the settlements of baby powder through given these numbers. Although J&J’s $8.5 billion offer sounds like a lot of money initially, it may not look good when you look at the numbers. The settlement plan based on our rough calculations would not offer victims anything more than an average settlement $100,000 per instance. It’s not enough.
May 15 2023 Update: J&J could be facing lawsuit by an advocacy group that represents cancer victims. Is using talc safe. The group argues that J&J deliberately withdrew the $61.5 billion funding agreement with its subsidiary, LTL Management LLC, to create the appearance of financial hardship and verify the unit’s Chapter 11 bankruptcy filing. The group claims this decision is equivalent to a fraudulent transfer of rights of compensation for victims. They intend to investigate J&J’s actions after the announcement of the denial of the first bankruptcy case of LTL.
May 10 2023 Update: Next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy filing of J&J subsidiaries LTL Management. In the meantime the bankruptcy has issued an Order which requires both sides to participate in a new settlement mediation in the hope that it will be possible to reach a global settlement agreement been reached.
May 5th, 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products caused cancer through asbestos exposure. Is using talc safe. Over 2,700 individuals have sued the company and it is spending $1 million a month on legal defense. The company’s recent $29 million settlement in South Carolina forced it to pursue bankruptcy protection, and arguing for equitable distribution of assets among talc claimants instead of being confiscated through the receiver. Other suppliers of talc have declared bankruptcy because of lawsuits.
May 4, 2023, Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch settlement discussions with lawyers who rebuffed the company’s proposed $8.9 billion deal. The court in Trenton, New Jersey yesterday, the parties gathered in court to discuss next steps in this second case of bankruptcy and Judge Kaplan pushed more settlement talks.
This is the best way to resolve these claims for J&J. A settlement for baby powder can be achieved. Is using talc safe. But it will require more money – billions of dollars from Johnson & Johnson.
Lawyers are divided on whether to take the proposal or not and not all clients see this issue the same way their attorney does. A second bankruptcy proceeding is bound to fail, the judge Kaplan has scheduled a hearing in June to decide if he will close the case for the third time.
May 3 2023 Update: A group of cancer patients who have sued Johnson & Johnson (J&J) asked to have the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation surrounding talc-based products. The committee representing talc claimants made a motion Tuesday requesting to the Third Circuit to consider their case and to send it back the lower court, with instructions to discharge the bankruptcy. Is using talc safe. The committee also requested that the stopped tort litigation against J&J be allowed to continue.
LTL has filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year which offered a $8.9 billion deal. The committee believes that the recent ruling, which allows LTL’s second Chapter 11 to continue, as well as halting the trials against J&J and J&J, requires urgent Third Circuit review. The US Trustee also requested that an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a formal response in the appeals court, characterizing the filing as an “desperate and legally flawed effort” by a small number of law firms who have conflicting financial interests.
May 1 2023 Update: One most frequently asked question is how could plaintiffs and their attorneys turn down $8.9 billion. Of course, that is an enormous amount of money. But there are plenty of victims. Is using talc safe. These are an excellent claims for plaintiffs. We have been reminded of this recently with two talc trials ended in large verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon resulted in a verdict in the amount of $18.1 million. A month later, another talc mesothelioma case went to the court in South Carolina and resulted in a verdict of $29 million in favor of plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. One of the leading producers of talc in the U.S.
April 30 2023 Update: When J&J initially attempted to pull the talcum powder lawsuit into bankruptcy, it came with an offer to set aside $2 billion to settle the case. The amount was absurdly low. There was no one among the talc victims who believed in the proposal. However, this time, J&J has increased the offer to $8.9 If the talc plaintiffs are willing to accept bankruptcy settlements and also has the support of a substantial segment of the talc plaintiffs as well as their lawyers. Is using talc safe. But 75% of the plaintiffs who are a talc, which is required for bankruptcy plan approval is a difficult road since there are so many lawyers with massive inventory of baby powder lawsuits that are opposed against the proposed settlement.
What are the solutions to the impasse? More billions.
April 25 2023 Update Talc patients have asked a judge to reject the Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, saying the company is not financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Is using talc safe. It was the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that the company was not eligible for bankruptcy relief because it was unable to demonstrate financial stress.
The claimants assert that LTL’s second Chapter 11 case is an overreach of the bankruptcy system, and that it is being pursued in bad good faith. J&J states that the bankruptcy settlement has “significant backing” from companies representing an estimated 60,000 plaintiffs. It is fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are not united over their disagreement over the $8.9 billion deal.
April 21st, 2023 Update A bankruptcy judge ruled the company Johnson & Johnson must face new lawsuits claiming that the company offered a baby powder with a contaminant that caused cancer. Even though trials for talc lawsuits are paused for at least 60 calendar days however, new lawsuits may be filed and lawyers can begin preparing their cases. Is using talc safe. The judge expressed skepticism over J&J’s absurd attempt to revive its strategy with the second bankruptcy case.
April 13 2023: Update on the most important story is that there’s an $8.9 billion over 25 years offer for settlement. Lawyers representing cancer patients within the MDL Class Action have promised to challenge the settlement the talc claimants. Why? They argue that it’s not enough to pay for those suffering from cancer who are 70,000. Is using talc safe. These lawyers argue that J&J could negotiate a greater settlement or litigate individuals’ claims if the current bankruptcy is thrown out.
But there’s a separate set of lawyers who are not part of the leadership group in that class action. These lawyers have collectively amassed many thousands of cases. They want to settle today for what is believed to be lower than what the victims should be paid. Their argument appears to be twofold. First, they argue the settlement – which amounts to 100 million dollars on average per plaintiff is fair.
That is a hard argument to prove. But their second argument has more teeth: victims can no longer wait and want to get their money right now.
April 12 2023 Update: Many are looking for ways J&J could file for bankruptcy again. The answer is complex and convoluted. Let’s try to simplify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only way to settle both present and future lawsuits involving talc conclusively. In other words, it thinks it will pay less should there be an element of bankruptcy that puts pressure for a settlement. Is using talc safe. Going back to the 400-year span of American history, the company asserts that bankruptcy benefits all parties by distributing settlement payments more evenly and effectively than trial courts where litigants are awarded significant payouts, while others are left with nothing.
The gist in this 3rd Circuit decision was this isn’t a case that involves one that makes a profit, but subsidiaries to meet the legal liability and declare bankruptcy Congress had in mind when it came to drafting the Bankruptcy Code. But it also said it was not in financial distress because J&J promises unlimited funding.
Thus, J&J did not hesitate to take advantage of the unlimited funding part of the deal and did not promise to offer unlimited funding for litigation. The company claims that updated financing arrangements with its subsidiary address the concerns of the appellate court, while offering funds to pay claims. As if offering victims lower amounts of money would resolve the underlying issue.
Attorneys representing cancer victims who oppose the deal counter the agreement with what is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous decision. Hyperbole did not go unnoticed by the victims’ lawyers, who call it the largest “fraudulent move that has occurred in United States history.”
Despite all the legal jargon, J&J does not really think this bankruptcy will survive. But it is a way of pushing this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10, 2023 update: Bloomberg is running an intriguing article about a new law within New Jersey that is shedding new light on the funding of litigation in the baby powder Class action suit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) concerning talc products in exchange for a percentage of any wins. J&J is now offering that it will pay $8.9 billion to settle lawsuits.
The involvement of the funders is public information due to a New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rule aims to address the growing calls for the regulation of lawsuit funders. J&J has to deal with more than 60,000 lawsuits when you add up state and federal infant powder litigation. Third-party financing in mass tort cases is not without its pros and cons. However, there is no doubt that we are seeing how third-party financing can help level the playing field between individuals and large corporations in court.
April 4 2023 Update: It’s interesting to watch the worm turning in this lawsuit. J&J has taken another blow this week when the Third Circuit denied J&J’s request to extend the automatic stay during the time that J&J appeals a bankruptcy ruling in the U.S. Supreme Court. Automatic stays have stopped thousands of talcum cases and stopped new lawsuits from being filed ever since J&J initiated the controversial effort to spin talc-related liabilities off into a bankrupt company over one year back. Is using talc safe. After the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was revoked. J&J wanted to see it stayed in place until 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 is that the Supreme Court is willing even to take up the appeal? Low.
March 16th, 2023 Update: with the bankruptcy stay officially lifted, the first new cases have been filed and transferred into the Talcum Powder class action MDL in just over a year. Seven new talc-related lawsuits were joined to the MDL over the last month which brings the total number of pending cases up to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now calling for The U.S. Government Accountability Office (GAO) initiate an investigation to determine how much J&J Talc products have cost the government over the many years.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of not recognizing the risks of its talc-based products for years while tax dollars were used to treat those who were injured through exposure to the product. This lawsuit comes a few weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Is using talc safe. J&J has to begin making fair settlement offers to victims, in order getting this behind it. It’s a mark on one of the world’s greatest businesses.
February 14 2023 Update: At an appearance today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following his 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is using talc 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!