You May be Entitled to Significant Compensation Talc bad. 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 with talc would provide $440 million US state AGs. Talc Bad .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of a larger $8.9 billion deal to settle claims that its Baby Powder as well as other talc product causes cancer. Talc bad.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company will pay various types of cancer victims in a bankruptcy settlement. Talc bad. J&J has said that its products containing talc are safe and do not cause cancer. It is attempting for another time to settle more than 38,000 lawsuits in bankruptcy, and to prevent any new cases from coming forward in the near future.
LTL’s bankruptcy plan would pay $400 million to a separate trust for claims filed with state attorneys general claiming that J&J had violated the state’s unfair commercial practices as well as consumer protection laws by misleading consumers about the security of its talc-based products.
Some states had started consumer protection actions against J&J prior to the time that LTL’s bankruptcy filing prevented those investigations from moving forward in 2021. Talc bad. 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, according to LTL’s court papers.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished as well as cancer patients and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog, who have argued that a profitable company such as J&J cannot benefit from bankruptcy protections intended for people with debt problems.
The company’s initial attempt to resolve the bankruptcy lawsuits was thrown out after similar arguments. In the end, a U.S. appellate court ruled that LTL did not have “financial trouble” and ineligible for bankruptcy protection. Talc bad. LTL had filed for bankruptcy again within two hours of the decision to dismiss, arguing that the second bankruptcy was different as there was less money available and had more support for an agreement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates state law enforcement authorities by attempting unilaterally to cap the liability of the company for state consumer protection measures.
Talc Bad
The filings of LTL’s latest bankruptcy proceedings also include additional details about how the company would evaluate and pay cancer claims should the bankruptcy plan be approved.
The maximum amount under the settlement would be $500,000 for those diagnosed with mesothelioma that is terminal before age 45. Talc bad. The second payment would be $260,000 for patients diagnosed with advanced ovarian cancer prior to age 45.
From there, the proposed settlement applies discounts depending on the type and severity of cancer, an individual’s age, the history of usage of talc and other variables. Talc bad. For example someone who regularly used the talc product on a regular basis, had a family history of ovarian cancer and was diagnosed with the stage 2 ovarian cancer at the age of 55 may qualify for a $21,125 payment under the settlement plan.
Judge decides J&J, talc opponents to engage in settlement talks.
After another round of hearings in Johnson &Johnson’s attempt to implement 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 negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary set up by J&J to handle the claims company offered a settlement amounting to $8.9 billion. Talc bad. While one group of law firms representing plaintiffs is in favor of the offer, another group opposes the deal.
This week, the opposition group, dubbed the Official Committee of Talc Claimants requested the bankruptcy court for dismissal of the matter saying that LTL is not considered to be in financial distress.
“The filing is an incredibly legal and ineffective attempt by a handful of law firms to try to block 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. Talc bad. “The law firms involved in this filing have financial interests that are in conflict with, diverge from, and oppose the interests that their customers. We’ll submit an answer in the appeals court.”
Talc bad. Clay Thompson, a lawyer for MRHFM who includes more than patients with mesothelioma who have sued J&J, said that the company’s second bankruptcy try will fail.
“J&J issue press releases that boast about how amazing its plan is while simultaneously insisting that the plan’s details, including what individual sick people would actually receive–be kept secret,” Thompson said in a statement. “What is J&J’s plan to hide?”
Kaplan has commanded the parties to come up with another strategy for reorganization, under supervision from two mediators.
On February 20, 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would relieve the company from the hundreds of thousands of claims concerning its talcum products.
However, in January of this year, a federal appeals court ruled against the decision, deciding that the business could not be considered to be in “financial distress.”
After J&J’s contest the U.S. Supreme Court was turned down on April 1, J&J was granted a second petition for bankruptcy two hours after. In response to that move, Kaplan froze the lawsuits for 60 calendar days to decide whether to grant an additional bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B talc litigation charge.
Through Two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put held. Talc bad. The company would like claimants to accept their settlement. J&J requires 75% of the vote for the deal to go through.
In addition to the gang of talc lawyers who panned the bankruptcy of the company, the U.S. Trustee which is a division from the U.S. Department of Justice has also filed an application to dismiss LTL’s bankruptcy second case.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest but unfortunate debtors.” These doors “are not accessible to those who do not have a legitimate bankruptcy goal or who seek to use bankruptcy to delay or hinder their creditors,” Vara continued.
For its part, J&J maintains there is no conclusive evidence that its talc products, including its 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 next year.
J&J seeks to avoid the cost of going to court. J&J has won most of the cases that have been resolved at trial, but some losses have been very severe.
A high-profile trial in Missouri led to a $4.7 billion verdict against the drugmaker, which was later reduced 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 trial cases in talc which are on appeal or have been decided. Out of 41 trials 32 ended with the favor of J&J as well as mistrials or verdict for a plaintiff that was annulled on appeal. Talc bad. Additionally, the company in 2020 negotiated to settle around 1000 cases for the sum of $100 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Bad
Our lawyers handle baby powder cases in all 50 states. The lawsuits involving talcum powder for Johnson & Johnson have been going on for a long time. Talc bad. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient in products like the Baby Powder along with Shower to Shower and Shower to Shower, could cause cancer of the ovary in certain women.
This page gives the J&J update on the talc power litigation and examines how the coming bankruptcy ruling affects the final settlement amount in the cases of ovarian cancer.
Is the deadline for you to file a talcum powder lawsuit? Many who believe that the statute of limitations has passed to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Bad
June 2 2023 Update: During the asbestos talc case at the trial in California yesterday, a couple of technical issues interrupted the opening speech of defense lawyers. Talc bad. Jurors from home via Zoom but did not hear Johnson & Johnson’s lawyer voice his doubt about the science of the 70s that claimed asbestos was present in their product before the opening was abruptly ended.
In the meantime, the plaintiff had the opportunity to present its first expert witness Arthur Langer. Langer explained that the occurrence of other minerals with the talc mineral is a given. He claimed that his group had notified J&J in 1971 of the presence of chrysotile asbestos in the talc manufactured by the company, though at lesser than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update Talc bad. A trial for the first time since J&J took the decision to disband its Talc division, and then declare bankrupt is an important moment for the ongoing lawsuit controversy. Trial began yesterday in the heartbreaking case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive type of mesothelioma last year, a diagnosis lawyers on both sides believe is a harrowing tragedy.
Opening statements revealed stark differences in each side’s narrative. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging the use of deceitful tactics in research practices and throughout the litigation process. According to the attorney, the company attempted to manipulate asbestos’ definition, in spite of internal documents from the year 1978 and 1994 indicating that asbestos fibers found in tissue of the plaintiffs are included.
Johnson &J’s highly uncertain $8.9 billion settlement is hanging in the balance with the progress of this trial. Despite the unique nature of the mesothelioma trial and its unique challenges compared to other talcum powder lawsuits A verdict in favor of the plaintiff could inflict an enormous setback for J&J’s hopes of broad acceptance of their proposed settlement with plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupt talc business was able to defend its two-time Chapter 11 filing in the face of challenges from victims of talc injuries. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the case was vastly different from the first filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion from J&J which is the largest settlement ever in any bankruptcy case that involves mass tort. Talc bad. Not mentioned: how this amount indicates that it is a fair settlement. J&J also claimed support from a variety of plaintiffs’ law companies representing over sixty thousand claimants. This is difficult to verify but is probably incorrect.
May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the first trial on its cosmetic talc items allegedly comprised of asbestos is set to start jury selection on Monday in California with Alameda County Superior Court, an historically reliable place for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure through J&J’s products which that the company is denying. The trial also involves six retailers who are accused of selling talc-based products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J Talc bankruptcy are currently disputing who should be chosen to fill the role of a future claims representative, which is vitally essential to the resolution of the Talc claims. Talc bad. Randi Ellis, a lawyer who is frequently involved in MDLs across the country was appointed as the claims representative in the previous bankruptcy. J&J’s defense attorneys want Ellis to be appointed in that position yet again, but the lawyers for the talc plaintiffs are objecting on the grounds that Ellis has an unrelated conflict of interest that should prevent her from taking on that role once more. The conflict stems from the possibility that Ellis was believed to have been involved in the creation of the hotly disputable second bankruptcy, raising doubts about her capacity to be neutral. It’s true that this bankruptcy is likely to be tossed out anyway.
May 17, 2023 Update The fake company J&J formed for the talc bankruptcy told a New Jersey bankruptcy court that they have allocated $400 million to settle the allegations made by states who accuse the company of deceitful advertising for its talc products. Talc bad. This amounts to an $8.5 billion settlement to cancer victims. It is hard to imagine any scenario in which J&J can push the baby powder settlements with these numbers. While J&J’s $8.5 billion offer might seem like a large sum at first, it does not appear appealing when you consider the math. The proposed settlement based on our rough calculations, would not provide victims with much more than an average settlement $100,000 per instance. That’s not enough.
May 15 2023 Update: J&J may be in the middle of a lawsuit by an advocacy group representing cancer victims. Talc bad. The group contends that J&J intentionally canceled an $61.5 billion contract for funding together with its parent company, LTL Management LLC, in order to create a false sense of financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims that this move is a fraud transfer of rights of victims’ compensation. They plan to explore J&J’s actions after the announcement of the decision to dismiss the first bankruptcy case of LTL.
May 10 2023 Update: The following week this 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 that was filed by J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime, this bankruptcy court has issued an order which requires both sides to take part in a second settlement mediation to see if the global settlement can be been reached.
May 5th, 2023: Update on Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. Talc bad. More than 2700 people have filed lawsuits against the company and the company was paying $1 million per month to defend its legal position. The company’s latest $29 million settlement in South Carolina forced it to pursue bankruptcy protection, and arguing that assets should be distributed in an equitable manner between talc claimants rather than being taken over through the receiver. Other talc suppliers have also filed for bankruptcy due to the litigation.
May 4, 2023 Update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume negotiations with lawyers who turned down the company’s $8.9 billion agreement. 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 best way to resolve these claims for J&J. A settlement for baby powder can get done. Talc bad. However, it’ll require more money, more billions of dollars from Johnson & Johnson.
Lawyers have a split opinion on whether or not to agree with the proposal and not all clients view the situation the same way their lawyer views it. This second case of bankruptcy is bound to be a failure the judge Kaplan has set a date for a hearing in June to determine if she will discharge the bankruptcy for the 2nd time.
May 3 2023 Update A group of cancer patients suing Johnson & Johnson (J&J) requested to have J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation over talc products. The group representing the claimants has filed a motion this week requesting to the Third Circuit to consider their case and then send it back an earlier court with instructions to discharge the bankruptcy. Talc bad. They also asked that the stoppage of tort litigation against J&J should be permitted to continue.
LTL has filed for Chapter 11 protection once again after its bankruptcy filing was rejected by the Third Circuit earlier this year which offered the possibility of an $8.9 billion agreement. The committee argues that the recent decision allowing LTL’s second Chapter 11 to continue, and also stopping trials against J&J should be subject to immediate Third Circuit review. The US Trustee has also requested it be 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 as saying that J&J plans to file a response in the appeals court, saying that the filing is an “desperate and legally inadequate attempt” by a handful of law firms who have conflicts of financial interests.
May 1st 2023 Update: One most frequently asked question is how plaintiffs and their lawyers be able to turn off $8.9 billion. That’s of course a lot of money. But there are plenty of victims. Talc bad. They are a great claims for plaintiffs. We were reminded of this recently when two talc cases resulted in big verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon ended in an award of $18.1 million. A month later, another talc mesothelioma case went to trials at South Carolina and resulted in a verdict of $29 million on behalf of the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the most prominent producers of talc in the U.S.
April 30, 2023 Update: When J&J first attempted to drag the lawsuit over talcum powder into bankruptcy, they came with an offer to put aside $2 billion for settlements. It was a ridiculously small amount. None of the talc plaintiffs were in favor of the offer. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs accept a bankruptcy settlement and they have the support of a large portion of the talc plaintiffs and their lawyers. Talc bad. However, 75% of talc plaintiffs, which is needed for approval of the bankruptcy plan It’s a long and difficult process because of the number of lawyers who have massive inventories of baby powder lawsuits opposed towards the agreement.
What could solve the impasse? More billions.
April 25, 2023 Update: Talc cancer claimants have demanded a judge reject the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, saying the company is not financially strained. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc bad. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not eligible for bankruptcy relief since it failed to show financial difficulties.
The claimants assert that the second Chapter 11 case is an fraud on the bankruptcy system, and that it is being pursued in bad faith. J&J asserts that the bankruptcy settlement has “significant support” from firms representing approximately 60,000 plaintiffs. It is fair to say plaintiffs’ lawyers and victims ‘ lawyers are not united over their disagreement over the $8.9 billion settlement offer.
April 21, 2023 Update: A bankruptcy judge decided that Johnson & Johnson must face new lawsuits alleging that the company sold baby powder that was contaminated and causing cancer. Although trials for the talc lawsuits have been suspended for a minimum period of 60 days however, new lawsuits may be filed and lawyers are able to begin preparing their cases. Talc bad. The judge expressed skepticism over J&J’s attempt to revive its plan with a second bankruptcy trial.
April 13, 2023: Update on the biggest story is that there’s an $8.9 billion over the course of 25 years settlement offer. Lawyers representing cancer patients involved in MDL class action MDL group action vowed to fight the settlement along with the talc claimants. Why? They believe it’s not enough to pay for those suffering from cancer who are 70,000. Talc bad. These lawyers argue that J&J could negotiate a greater settlement or pursue individual claims if the most recent bankruptcy is declared unconstitutional.
However, there is a second set of lawyers who are not part of the leadership of this class action. These lawyers have amassed tens of thousands of cases. They want to settle now for what is believed to be far less than what these victims deserve. Their argument seems to be twofold. They argue that the settlement of around an average of $100,000 per plaintiff – is fair.
This is an argument that is difficult to make. The second argument is more substance: the victims will now not wait and they want the money immediately.
April 12 2023 Update: Many are seeking out how J&J can go through bankruptcy once more. The answer is complicated and confusing. However, let’s attempt to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only means to resolve both current and future talc litigations in a definitive manner. In other words, it believes it can pay less when there is a bankruptcy element that creates pressure to settle. Talc bad. In a quest to cover more than 400 years in American time, the business argues that bankruptcy benefits everyone by dispersing settlement payments more evenly and effectively than trial courts, where some litigants receive significant award while others do not.
The basic tenet of the 3rd Circuit decision was this is not a matter of the profit-making company that has subsidiaries to meet the legal risk and declare bankruptcy – something Congress contemplated when drafting the Bankruptcy Code. But it also said that the entity was financially crisis due to the fact that J&J offered unlimited financing.
This is why J&J took advantage of the unlimited funding aspect of the agreement and didn’t promise to provide unlimited funding for litigation. The company claims that revised financing arrangements with its subsidiary addresses the concerns of the appeals court while offering claim payment funds. As if providing victims with lower amounts of money would resolve the underlying issue.
Attorneys representing cancer victims who are against the agreement argue the agreement with what is the legal argument. Talc bad. They counter with legal nonsense: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole is not exempt by the victims’ lawyers, who call it the largest “fraudulent transaction that has occurred in United States history.”
In spite of the legal jargon, J&J does not really think that the bankruptcy will endure. It is however a method of trying to push this $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 of New Jersey that is shedding new light on the funding of litigation in the class action lawsuit. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) over talc products in exchange for a portion of any winnings. J&J is now offering the payment of $8.9 billion in settlements for all lawsuits.
The funders’ involvement is public information because of the New Jersey court rule requiring the disclosure of certain information about funders outside the state. The rules aim to respond to the increasing calls for regulation of litigation funders. J&J has to deal with more than 60,000 lawsuits when you add up state and federal Baby Powder lawsuits. Third-party funding of mass tort cases is not without its pros and pros and. However, there is no doubt that we are seeing how third-party financing can help level the playing field for individuals and large corporations in court.
April 4, 2023 Update: It is pleasing to see the worm turning in this case. J&J suffered another setback this week when the Third Circuit denied J&J’s request to maintain the automatic stay during the time that J&J appeals an order granting bankruptcy before the U.S. Supreme Court. Automatic stays have frozen thousands of talcum cases and stopped new lawsuits from arising ever since J&J began the controversial plan to spin the talc debts off into a bankrupt subsidiary more than one year back. Talc bad. When the 3rd Circuit ruled that this bankruptcy was invalid only a few months back, the stay was revoked. J&J had hoped to have it continue in the meantime of hearing the SCOTUS appeal. But the answer was no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. There is a chance that for 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 were filed and incorporated into the class action for talcum powder MDL in the space of a year. Seven new talc lawsuits have been joined to the MDL in the past month and brought the total number of cases in the pending process up to 37,522.
February 25, 2023 Update 2023 Update: A Congressmen from Tennessee is now demanding that The U.S. Government Accountability Office (GAO) start an investigation into the cost J&J products containing talc have cost the government in the decades.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of failing to recognize the dangers of its talc products over decades while tax dollars were utilized to treat people injured by exposure to the product. The demand comes just weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Talc bad. J&J should begin to make reasonable settlements to victims to begin the process of putting all this behind. This is a blemish on one of the world’s greatest businesses.
February 14 2023 Update: During the hearing held today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc bad. 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!
>>> Talc Bad