You May be Entitled to Significant Compensation New york mesothelioma lawsuit. 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 be worth $440 million US state AGs. New York Mesothelioma Lawsuit .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of a broad $8.9 billion deal to settle allegations that it’s Baby Powder and other talc-based ingredients cause cancer. New york mesothelioma lawsuit.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay different types of cancer patients in bankruptcy settlement. New york mesothelioma lawsuit. J&J has said 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 filed in bankruptcy, as well as prevent new lawsuits from coming forward in the future.
The bankruptcy plan of LTL would pay $400 million to a separate trust for claims made from state attorney generals claiming that J&J had violated states’ unfair practices and consumer protection laws through misleading consumers about the safety of its talc products.
Several states had begun consumer protection measures against J&J prior to LTL’s bankruptcy filing stopped these investigations from progressing in 2021. New york mesothelioma lawsuit. New Mexico and Mississippi had already brought suits for damages against 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 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. have claimed that a lucrative company like J&J is not eligible for bankruptcy protections intended for struggling debtors.
The company’s initial attempt to resolve the bankruptcy cases was thrown out after similar arguments, when a U.S. appeals court ruled that LTL had not been in “financial distress” and thus not eligible of bankruptcy protection. New york mesothelioma lawsuit. LTL had filed for bankruptcy again less than two hours after the decision to dismiss, arguing that its second attempt was different because it was able to borrow less and more backing for an agreement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement powers by seeking to unilaterally limit the company’s liability for state consumer protection measures.
New York Mesothelioma Lawsuit
LTL’s filings for the new year also contained more information on how the company plans to evaluate and settle cancer claims should the bankruptcy plan be approved.
The most significant payments under the settlement will be $500,000 to those diagnosed with mesothelioma that is terminal before age 45 and $260,000 for patients diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement will offer discounts based on the kind and severity of cancer, the individual’s age, the history of usage of talc and other variables. New york mesothelioma lawsuit. For instance, a woman who used talc products weekly, had an ancestral history of ovarian cancer and was diagnosed Stage II cancer of the ovary by age 55 may be eligible for a $21,125 payout according to the plan.
Judge decides J&J and talc opponents to engage in settlement talks.
After another round of hearings in Johnson & Johnson’s effort to use a Texas Two-Step bankruptcy strategy to settle talc lawsuits 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.
In its second bankruptcy effort for LTL Management–a subsidiary established by J&J to settle claims – the company proposed a settlement of $8.9 billion. New york mesothelioma lawsuit. While one group of law firms representing plaintiffs support the proposal, another group is opposed to the offer.
Earlier this week, the opposition group, known as the Official Committee of Talc Claimants requested the bankruptcy court for dismissal of the matter by arguing that LTL is not considered to be in financial distress.
“The filing is a desperate and legally deficient attempt by a handful of law firms to block claimants from voting on the resolution plan, a plan the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in an announcement. New york mesothelioma lawsuit. “The law firms who filed the filing are pursuing financial interests which conflict with, diverge from, and contravene those which their clientele. We will be submitting an appeal before the court of appeals.”
New york mesothelioma lawsuit. Clay Thompson, a lawyer for MRHFM which boasts more than mesothelioma clients who have filed lawsuits against J&J, said that the company’s second bankruptcy try is likely to fail.
“J&J publishes press release that boast about how amazing its plan is while simultaneously insisting that the details of its plan–including the treatment each sick person will receive,” Thompson said in an email. “What is J&J’s plan to keep secret?”
Kaplan has instructed both sides to develop a new strategy for reorganization, under the oversight by two mediators.
As of February 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that will free the company from the tens of thousands of claims over its talcum products.
In January of this year, a federal appeals court overturned the decision, ruling that the company could not be considered in “financial difficulty.”
When J&J’s attempt to appeal to the U.S. Supreme Court was denied in April, J&J was granted a second petition for bankruptcy about two hours after. In response, Kaplan froze the lawsuits for 60 days in order to determine whether to allow an additional bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
With the two Chapter 11 attempts, J&J has purchased 19 months of which cases were put in limbo. New york mesothelioma lawsuit. The company wants claimants to decide whether they want to accept the settlement. J&J needs 75% approval for the deal to go through.
In addition to the team of talc attorneys who have panned the bankruptcy of the company as well, the U.S. Trustee which is a division of the U.S. Department of Justice was also the one to file an application to dismiss LTL’s bankruptcy second case.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the the bankruptcy court are “open to honest but unfortunate debtors.” The doors “are not accessible to those that don’t have a legitimate bankruptcy objective or 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 definitive evidence to suggest that its talc products, including its popular baby powder cause cancer. J&J has taken the products from the market and will first launch them on North America in 2020–and the remainder of the globe later this year.
J&J wants to avoid the costly business of going to court. J&J has won the majority of cases that have been resolved during trial, however, some losses have been very punitive.
A high-profile trial in Missouri led to an $4.7 billion judgment against the drug manufacturer and was later lowered to $2.1 billion after 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 being appealed or resolved. Of the 41 trials, 32 ended with the favor of J&J either through a mistrial or plaintiff verdicts that were annulled in appeal. New york mesothelioma lawsuit. Separately, the company in 2020 negotiated to settle around 1000 cases at a cost of $110 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – New York Mesothelioma Lawsuit
Our lawyers handle baby powder cases in all 50 states. The talcum powder lawsuits in the case of Johnson & Johnson have been in the process for several years. New york mesothelioma lawsuit. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in products such as Baby Powder and Shower to Shower, can cause cancer of the ovary in certain women.
This page offers the J&J Talc Power Update and examines how the coming bankruptcy ruling affects the final settlement amount of these Ovarian Cancer lawsuits.
Did the deadline expire for you to bring a talcum lawsuit? Many who believe the statute of limitations has passed to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a no-cost, quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – New York Mesothelioma Lawsuit
June 2 2023 Update: In an asbestos talc court trial held in California yesterday, technical glitches interrupted the opening statements made by defense lawyers. New york mesothelioma lawsuit. Jurors watching from home via Zoom however, heard Johnson & Johnson’s lawyer expressing doubt about the 70s research claiming asbestos was present in their product prior to the trial was abruptly closed.
In the meantime, the plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer explained that the occurrence of additional minerals along with the talc’s mineral content is inevitable. He also testified that his team was notified by J&J in 1971 about the presence of chrysotile asbestos within the company’s talc, albeit with just 0.1 percent. The asbestos was discovered by him in 1976.
June 1st, 2023 Update: New york mesothelioma lawsuit. This is the first court trial that has taken place since J&J decided to spin off its Talc division, and then declare bankrupt is an important turning point of the ongoing litigation story. The trial started yesterday in the harrowing case of a young 24-year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma earlier this year. a diagnosis lawyers on both sides of the argument agree is a grave tragedy.
Opening statements laid bare huge differences between the sides’ story. The plaintiff’s attorney took aim on Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation procedure. The attorney claims that, according to, the company tried to manipulate the definition of asbestos despite internal documents from 1978 and 1994 showing that fibers discovered in the tissue of the plaintiffs are included.
Johnson & Johnson’s uncertain $8.9 billion settlement proposal hangs in the balance as we course of this trial. Despite the unique nature of this mesothelioma-related case and the unique issues it faces compared to most talcum powder lawsuits A verdict in favor of the plaintiff could inflict a serious setback to J&J’s hopes of broad acceptance of their settlement proposal among plaintiffs.
May 31 2023: Update from Johnson and Johnson’s bankrupted talc unit has was able to defend it’s two-time Chapter 11 filing in the face of challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, the company argued that the situation was vastly different from the earlier filing. It also emphasized the unprecedented commitment of $8.9 billion by J&J which is the biggest settlement ever to be made in an bankruptcy case involving mass torts. New york mesothelioma lawsuit. There was no mention of how the size of the settlement means it is a fair settlement. J&J also claimed that it received support from several plaintiffs’ legal firms that represent over 600,00 claimants. It is difficult to confirm but it’s likely to be false.
May 24 2023 Update: In the wake of Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial concerning its cosmetic talc products that are believed to that contain asbestos is scheduled to start jury selection Monday, California at Alameda County Superior Court, which is a well-known jurisdiction for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure resulting from J&J’s products which that the company denies. The trial also includes six retailers who are accused of selling talc-containing products.
May 22, 2023 Update: Lawyers in the 2nd J&J talc bankruptcy are now battling over who should be chosen to fill the role of the claims representative in the future, which is vitally critical to resolving Talc claims. New york mesothelioma lawsuit. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation was appointed as the claims representative during the first bankruptcy. J&J’s defense group wants Ellis to be appointed to that role again, but lawyers for the plaintiffs in talc are arguing due to the fact that Ellis has a conflict of interest that should prevent her from assuming that position once more. The issue stems from the reality that Ellis was believed to have been involved in the creation of the hotly disputable second bankruptcy, which raises concerns about her capability to remain neutral. In reality, the bankruptcy will get dismissed anyway.
May 17, 2023 Update: The fake company J&J created to settle the talc litigation bankruptcy has informed an New Jersey bankruptcy court that they have set aside $400 million to pay the claims brought by states accusing the company of deceitful advertising for its talc product. New york mesothelioma lawsuit. This amounts to an $8.5 billion settlement to cancer victims. It’s difficult to envision any scenario in which J&J can push these settlements for babies at these numbers. While J&J’s $8.5 billion offer sounds like a huge sum at first, it does not appear appealing when you consider the math. The proposed settlement based on our rough calculations would not offer victims anything more than $100,000 per case. That is not enough.
May 15 2023 Update J&J is potentially facing a suit from an advocacy group that represents cancer patients. New york mesothelioma lawsuit. The group argues that J&J intentionally canceled a $61.5 billion contract for funding with its subsidiary, LTL Management LLC, to simulate financial distress and verify the unit’s Chapter 11 bankruptcy filing. The group argues that this act is a fraud transfer of rights of victims’ compensation. They will investigate J&J’s actions in the wake of the denial of LTL’s first bankruptcy suit.
May 10 2023 Update: Next week next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy filing from J&J subsidiary LTL Management. In the meantime it has approved an Order calling for both parties to participate in a settlement mediation to see if a global settlement deal can reached.
May 5th, 2023 Update: The talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. New york mesothelioma lawsuit. More than 2700 people have filed lawsuits against the firm, and it was paying $1 million per month to defend itself. The company’s most recent $29 million settlement on the state of South Carolina forced it to seek bankruptcy protection, arguing for a fair distribution of assets among talc claimants instead of being taken from the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of litigation.
May 4, 2023 Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen settlement discussions with lawyers who turned down Johnson & Johnson’s $8.9 billion settlement offer. It was in Trenton, New Jersey yesterday, the parties appeared in court to discuss the next steps in another bankruptcy proceeding and Judge Kaplan pushed more settlement talks.
This is the way to resolve the claims of J&J. A settlement for baby powder can get done. New york mesothelioma lawsuit. However, it’ll require more money – more billions of dollars coming from Johnson & Johnson.
Lawyers are split on whether to accept the proposal and not every client views the issue in the same manner their lawyer sees it. A second bankruptcy proceeding is bound to go nowhere and Judge Kaplan has scheduled a hearing for June to decide if he will dismiss the bankruptcy for the second time.
May 3, 2023 Update: A group of cancer patients who have sued Johnson & Johnson (J&J) demanded 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 asking that the Third Circuit to consider their appeal and return the case the lower court with instructions to discharge the bankruptcy. New york mesothelioma lawsuit. They also requested that the stopped tort litigation against J&J continue to proceed.
LTL has filed for Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year which offered a $8.9 billion settlement. The committee argues that the recent decision allowing the second Chapter 11 to continue, and also stopping trials against J&J is a reason for urgent Third Circuit review. The US Trustee also requested that 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 inadequate attempt” by a few of law firms who have competing financial interests.
May 1 2023 Update: A common question that people ask is how could the plaintiffs’ lawyers and their clients turn off $8.9 billion. That’s of course an enormous amount of money. There are a lot of victims. New york mesothelioma lawsuit. These are actually a good claims for plaintiffs. We were reminded recently in two talc trials which have resulted in huge verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon ended in the verdict that was $18.1 million. In the same month, a different mesothelioma-related talc case went to trial on the other side of South Carolina and resulted in a verdict of $29 million for the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. one of the top producers of talc in the U.S.
April 30th, 2023 Update: When J&J initially tried to take the talcum powder lawsuit into bankruptcy, it came with an offer to reserve $2 billion for settlements. The sum was ridiculously low. All of the talc plaintiffs supported the offer. This time around, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they accept a bankruptcy settlement and also has the support of a large portion of the talc plaintiffs and their attorneys. New york mesothelioma lawsuit. But 75% of the talc plaintiffs, which is required to approve bankruptcy plans is not an easy task with so many lawyers with vast 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 plaintiffs have asked a judge to dismiss their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. New york mesothelioma lawsuit. The 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not eligible for bankruptcy relief as it was unable to demonstrate financial difficulties.
The plaintiffs argue that the Second Chapter 11 case is an abuse of the bankruptcy system and it’s being pursued in bad faith. J&J says the bankruptcy settlement is backed by “significant support” from the firms that represent approximately 60,000 claimants. It is fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are divided on what they believe is an $8.9 billion settlement offer.
April 21st, 2023 Update: A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits alleging that it sold a baby powder that contained a chemical that causes cancer. Although the trials for the lawsuits involving talc are delayed for a minimum period of 60 days however, new lawsuits may be filed, and lawyers will begin preparing their cases. New york mesothelioma lawsuit. Judges expressed doubt about J&J’s absurd attempt to revive its plan with another bankruptcy case.
April 13, 2023 update: the big story is that there’s an $8.9 billion over 25 years offer for settlement. Lawyers representing cancer patients within MDL class action MDL group action pledged to fight the settlement with those who claim talc. Why? They think it is not enough to pay for those suffering from cancer who are 70,000. New york mesothelioma lawsuit. They argue that J&J should seek a bigger settlement or even litigate individual claims in the event that the latest bankruptcy is declared unconstitutional.
However, there is a second lawyer group that isn’t part of the leadership group in the class action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. The group is seeking to settle now in what many believe to be less than the victims deserve. The argument they make is twofold. First, they argue that the settlement, which is about an average of $100,000 per plaintiff – is fair.
It’s a difficult argument to present. But their second argument has more teeth: victims can not afford to wait any longer and need their money today.
April 12 2023 Update: People are wondering if J&J is able to file for bankruptcy again. The answer is complex and confusing. However, let’s attempt to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only option to settle both present and future talc-related lawsuits definitively. It believes that it will be less expensive if there is a bankruptcy element that creates pressure to settle. New york mesothelioma lawsuit. Going back to more than 400 years in American history, the firm believes that bankruptcy is beneficial to all parties as it distributes settlement payments more equitably and effectively than trial courts in which some litigants receive substantial payouts, while others are left with nothing.
The basic tenet in this 3rd Circuit decision was this is not a matter of an enterprise that is profitable, forming an affiliate to accept the legal responsibility and declare bankruptcy Congress considered when it was drafting the Bankruptcy Code. However, it also stated that the entity was financially crisis due to the fact that J&J promises unlimited funding.
This is why J&J jumped on the unlimited funding aspect of the contract but did not pledge that it would provide unlimited funds for cases. The company says that its modified financing arrangements with its subsidiary will address concerns of the appellate court, while supplying funds for claim payments. It’s as if giving victims less money would solve the overall issue.
Lawyers representing cancer patients who oppose the agreement counter this with what you conclude is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s previous decision. Hyperbole is not exempt by the victims’ lawyers, who call it the biggest “fraudulent move of assets 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 of trying to push this $8.9 billion settlement to keep the pressure on plaintiffs.
April 10, 2023, Update Bloomberg has an interesting report on a brand new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the baby powder Class action suit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) concerning talc products in exchange for a percentage of any settlements. J&J has now offered that it will pay $8.9 billion to settle lawsuits.
The involvement of funders is public knowledge due to the New Jersey court rule requiring the release of certain details regarding outside funding backers. The rules aim to address the growing calls for the regulation of lawsuit funders. J&J faces over 60,000 claims when you take into account state and federal infant powder litigation. Third-party funding in mass tort claims has both pros and pros and. There is no doubt that we are seeing how third-party funding could level the playing field between individual and big companies in court.
April 4, 2023 Update: It’s interesting to watch the worm turn in this case. J&J suffered another setback this week when they were denied by the Third Circuit denied J&J’s request to maintain the automatic stay in the meantime that J&J appeals an order granting bankruptcy before the U.S. Supreme Court. This automatic stay frozen thousands of talcum cases and prevented new lawsuits from getting filed ever since J&J launched the controversial attempt to spin talc-related liabilities into a bankrupt entity over a year ago. New york mesothelioma lawsuit. After the 3rd Circuit ruled that this bankruptcy was not valid only a few months back, the stay was lifted. J&J wanted to see it remain in effect until its 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 odds that of the Supreme Court is willing even to consider the appeal? Low.
March 16, 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 brought into the MDL in the last month increasing the number of cases pending to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now requesting that The U.S. Government Accountability Office (GAO) initiate an investigation into how much J&J product containing talc has cost the government over the many years.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the risks of its talc-based products for decades while tax dollars were utilized to treat people injured by exposure to the chemicals. The demand comes just weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
New york mesothelioma lawsuit. J&J should begin to make reasonable settlements to victims, in order to put all of this behind. This is a blemish on one of the world’s greatest companies.
February 14 2023 Update: In a hearing today at the 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 New york mesothelioma lawsuit. 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!