You May be Entitled to Significant Compensation Asbestos claim. 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 provide $400 million to US state AGs. Asbestos Claim .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of its broader $8.9 billion plan to settle claims that its Baby Powder as well as other talc product causes cancer. Asbestos claim.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company will pay various types of cancer victims as part of a bankruptcy settlement. Asbestos claim. J&J has said that its products containing talc are safe and will not cause cancer. It’s trying for the second time to end more than 38,000 cases in bankruptcy, and to prevent any new cases from being filed in the future.
The bankruptcy plan of LTL would pay $400 million into a separate trust for claims made in state courts by attorneys general alleging that J&J had violated laws against unfair business practices in the State of New York as well as consumer protection laws, by deceiving consumers about the quality of its talc products.
Some states had started consumer protection actions against J&J prior to the first bankruptcy filing prevented those investigations from progressing in 2021. Asbestos claim. New Mexico and Mississippi had already filed lawsuits for damages against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands, according to LTL’s court papers.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL, joining cancer victims and their counterparts from the U.S. Justice Department’s bankruptcy watchdog, who have argued that a profitable company like J&J does not qualify for bankruptcy protections aimed at the struggling debtors.
The first attempt by LTL to resolve the bankruptcy-related lawsuits was dismissed following similar arguments. A U.S. appeals court decided that LTL did not have “financial difficulty” and was not eligible for bankruptcy protection. Asbestos claim. LTL made a new bankruptcy application less than two hours after the decision to dismiss, arguing that its second attempt was different in that it was able to borrow less and more backing for the possibility of settling.
New Mexico and Mississippi said in their motion to dismiss LTL’s latest bankruptcy violation of state law enforcement powers by attempting unilaterally to cap LTL’s liability to state consumer protection laws.
Asbestos Claim
LTL’s recent filings also provided more information on how the company plans to evaluate and pay cancer claims if the bankruptcy plan is approved.
The most significant payments under the settlement would be $500,000 to those diagnosed with terminal mesothelioma before age 45 and $260,000 for those who have been diagnosed with advanced ovarian cancer prior to age 45.
The proposed settlement offers discounts based on the severity and type of cancer, an individual’s age, history of the use of talc, and other aspects. Asbestos claim. For example an individual who was using daily talc products, had an ancestral history of ovarian cancer and was diagnosed the stage 2 ovarian cancer at the age of 55 may qualify for a $21,125 payment under the settlement plan.
Judge gives order to J&J and talc oppositionists to engage in settlement talks.
Following another round of hearings in Johnson and Johnson’s efforts to employ a Texas Two Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the plan to enter into settlement talks, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management–a subsidiary established by J&J to handle the claims company offered a settlement of $8.9 billion. Asbestos claim. While one group of law firms representing plaintiffs support the deal, another group is opposed to the offer.
In the last week, an opposition group, dubbed”the Official Committee of Talc Claimants, urged the bankruptcy court to dismiss this case by saying that LTL is not a factor in financial hardship.
“The filing is an incredibly legal and ineffective attempt by a tiny number of law firms to try to block claimants from voting on the resolution plan – a plan that the overwhelming majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Asbestos claim. “The law firms that are behind this filing have financial interests that do not align with, differ from and infringe on the rights of their clients. We’ll submit an answer in the appeals court.”
Asbestos claim. Clay Thompson, a lawyer for MRHFM who includes more than mesothelioma victims who have sued J&J, said that the company’s second bankruptcy try will fail.
“J&J publishes press release describing how fantastic its plan is while simultaneously requesting that details of the plan, such as what each sick person will receive,” Thompson said in an email. “What do J&J have to hide?”
Kaplan has instructed both sides to create a reorganization plan, under the supervision and supervision of mediators.
In February 2022, Kaplan acknowledged J&J’s use of 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 an appeals court of the federal government overturned the decision, deciding that the firm could not be considered in “financial trouble.”
After J&J’s contest the U.S. Supreme Court was turned down on April 1, J&J applied for its first bankruptcy just two hours later. In response, Kaplan froze the lawsuits for 60 days to decide whether or not to accept the second bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B cost of litigation involving talc.
With the Two Chapter 11 attempts, J&J has purchased 19 months of which cases were put on hold. Asbestos claim. The company wants claimants to accept their settlement. J&J would need 75% of the vote in order for the agreement to be accepted.
Alongside the group of talc lawyers that criticized the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee is an arm belonging to the U.S. Department of Justice, also filed an appeal to dismiss LTL’s second bankruptcy.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest, but naive debtors.” These doors “are not open to parties who do not have a legitimate bankruptcy reason or want to use bankruptcy to hinder or delay their creditors.” Vara continued.
To its credit, J&J maintains there is no evidence conclusive that its products containing talc, such as the famous baby powder, cause cancer. J&J has been taking the products of the market first for North America in 2020–and the rest of the world later this year.
J&J intends to steer clear of the costly business of going to trial. It has prevailed in the majority of the cases decided in court, however certain losses have been extremely punishing.
A highly publicized trial in Missouri produced an $4.7 billion judgment against the drug manufacturer but was later reduced to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine cases involving talc, which are being appealed or decided. In 41 trials 32 have ended in an outcome for J&J or a mistrial, or plaintiff verdict that was dismissed upon appeal. Asbestos claim. The company also in 2020 sought to settle nearly 1000 cases for the sum of $100 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Asbestos Claim
Our lawyers are handling the baby powder litigation in every state. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been ongoing for many years. Asbestos claim. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in many products, including Baby Powder along with Shower to Shower which can cause cancer of the ovary in certain women.
This page offers a J&J talc power litigation update and discusses how the upcoming bankruptcy ruling affects the final settlement amounts in the Ovarian Cancer lawsuits.
Did the deadline expire for you to file a talcum powder lawsuit? Many people who think the deadline has passed to file a lawsuit against 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 – Asbestos Claim
June 2, 2023 Update: During the asbestos talc case that took place in California yesterday, technical issues disrupted the opening statements of the defense attorneys. Asbestos claim. Jurors from home on Zoom but did not hear Johnson & Johnson’s lawyer expressing doubts about the 70s research affirming the presence of asbestos in their product, but the proceedings abruptly ended.
In the meantime, the plaintiff could present an initial witness Arthur Langer. Langer explained that the existence of other minerals in the talc mineral is a given. He testified that his team had notified J&J in the year 1971 of the presence of asbestos chrysotile in the company’s talc, albeit at lesser than 0.1 percent. He also uncovered more asbestos in the year 1976.
June 1st, 2023 Update: Asbestos claim. This is the first court trial that has taken place since J&J made the decision to split its Talc division and declare bankruptcy is an important point within the ongoing lawsuit controversy. The trial started yesterday in the harrowing trial of a young plaintiff, diagnosed with a rare and aggressive form of mesothelioma last year, which both sides agree is a grave tragedy.
Opening statements revealed stark differences in each side’s story. The attorney representing the plaintiff aimed his ire at Johnson & Johnson, alleging the use of deceptive tactics in research practices and throughout the litigation process. As per the lawyer, Johnson & Johnson tried to alter asbestos’ definition, despite internal documents dating back to the year 1978 and 1994 indicating that fibers discovered in the tissue of the plaintiffs are included.
Johnson &J’s highly uncertain $8.9 billion settlement offer hangs in the balance with the progression of this trial. Despite the distinctive nature of the mesothelioma trial and its distinct issues compared to other talcum powder lawsuits, a verdict favoring the plaintiff could cause a serious setback to J&J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.
May 31, 2023: Update from Johnson and Johnson’s bankrupt talc business was able to defend it’s two-time Chapter 11 filing in the opposition of injured talc claimants. In an appeal to the New Jersey bankruptcy court, it argued that the filing was vastly different from the earlier filing. It highlighted the extraordinary commitment of $8.9 billion in settlement from J&J, the biggest settlement ever to be made in a mass tort bankruptcy case. Asbestos claim. It was not mentioned how the amount of the settlement signifies that it’s an equitable settlement. J&J also claimed support from several plaintiffs’ legal firms that represent over the 60,000 plaintiffs. This is difficult to verify but is probably incorrect.
May 24, 2023 Update: Since Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial involving the cosmetic talc products it claims to containing asbestos is set to begin jury selection on Monday, May 24, California at Alameda County Superior Court, the most favored place for plaintiffs. The plaintiff claims his mesothelioma is the result of asbestos exposure through J&J’s products which J&J denies. The trial also involves six retailers accused of selling talc products.
May 22nd, 2023 Update Lawyers involved in the 2nd J&J talc bankruptcy are now disputing who should be chosen to fill the position of future claims representative, which is vitally essential to the resolution of the claim for talc. Asbestos claim. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country was appointed the claims representative in the first bankruptcy. J&J’s defense attorneys want Ellis to be named to the position again, but lawyers for the talc plaintiffs are protesting due to the fact that Ellis has conflicts of interest that should prevent her from being appointed to that post for the second time. The dispute stems from reality that Ellis was believed to have been involved in drafting the controversially litigated second bankruptcy, which raises doubts about her capacity to be neutral. However, the reality is that the bankruptcy will get dismissed anyway.
May 17, 2023 Update: The fake company J&J formed to handle the bankruptcy of talc informed an New Jersey bankruptcy court that they have designated $400 million to pay the claims brought by states accusing the company of deceptive advertising for its talc products. Asbestos claim. That’s an $8.5 billion settlement for cancer victims. It’s difficult to envision the scenario in which J&J can get these settlements for babies with these numbers. While J&J’s $8.5 billion offer seems like a lot of money initially, it does not appear appealing when you consider the math. This settlement offer based on our rough calculations – would not be able to pay victims more than a median settlement of $100,000 per case. That’s not enough.
May 15th 2023 Update: J&J may be in the middle of a lawsuit by an advocacy group representing cancer victims. Asbestos claim. The group contends that J&J deliberately retracted the $61.5 billion funding agreement that it had with its company subsidiary LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims this decision could be interpreted as a fraudulent transfer of rights of compensation for victims. They are planning to study J&J’s actions as a result of the decision to dismiss the first bankruptcy case of LTL.
May 10 2023 Update: Next week in next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy application of J&J company LTL Management. In the meantime it has approved an order calling for both parties to participate in a new settlement mediation with the hopes of achieving a global settlement deal can come to fruition.
May 5th 2023 Update: Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer due to asbestos exposure. Asbestos claim. Over 2,700 people have sued the firm, and it was spending $1 million a month to defend its legal position. The company’s recent $29 million verdict that was handed down in South Carolina forced it to seek bankruptcy protection, arguing for a fair distribution of assets between talc claimants rather than being seized through the receiver. Other suppliers of talc have declared bankruptcy because of legal proceedings.
May 4, 2023 Update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to resume settlement discussions with lawyers who rejected the company’s proposed $8.9 billion agreement. The court in Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps in the second bankruptcy case. Judge Kaplan has pushed for further settlement talks.
This is the solution to settle these claims for J&J. A settlement for baby powder can be achieved. Asbestos claim. But it will require more money – more billions of dollars – by Johnson & Johnson.
Lawyers have a split opinion on whether to accept the proposal and not every client views this issue the same way their lawyer does. This second case of bankruptcy is destined to fail with Judge Kaplan has set a date for a hearing in June to decide whether to discharge the bankruptcy for the 2nd time.
May 3, 2023 Update: A group of cancer patients suing Johnson & Johnson (J&J) demanded that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation regarding talc-related products. The group representing the claimants filed a motion on Tuesday requesting the Third Circuit to consider their appeal and return the case an earlier court, with instructions to discharge the bankruptcy. Asbestos claim. They also asked that halted tort litigation against J&J be allowed to continue.
LTL applied for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied by the Third Circuit earlier this year and offered the possibility of an $8.9 billion agreement. The committee says that the recent ruling allowing LTL’s second Chapter 11 to continue, in addition to halting trials against J&J should be subject to the immediate Third Circuit review. The US Trustee also requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation, Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a response in the appeals court calling the request a “desperate and legally deficient effort” by a handful of law firms that have conflicts of financial interests.
May 1st, 2023 Update: One frequently asked question is how could plaintiffs and their lawyers turn on $8.9 billion. Of course, that’s quite a sum. There are a lot of victims. Asbestos claim. And these are really good arguments for plaintiffs. We were reminded recently with two talc trials have resulted in huge verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon ended in a verdict in the amount of $18.1 million. In the same month, a different talc mesothelioma case went to trials in South Carolina and resulted in an award of $29 million on behalf of the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. which is one of the largest suppliers of talc within the U.S.
April 30th, 2023 Update: When J&J initially tried to take the talcum powder lawsuit into bankruptcy, it was met with the option of putting aside $2 billion to settle the case. It was a ridiculously small amount. All of the talc plaintiffs believed in the offer. This time, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and they have the backing of a significant part of the talc-related plaintiffs and their attorneys. Asbestos claim. But 75% of the plaintiffs who are a talc, which is necessary for bankruptcy plan approval It’s a long and difficult process because of the number of lawyers who have large collections of baby powder-related lawsuits, opposed against the proposed settlement.
What could solve the impasse? More billions.
April 25 2023 Update: Talc cancer claimants have requested a judge to disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, saying the company is not financially distressed. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Asbestos claim. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January and said that the company wasn’t eligible for bankruptcy relief because it failed to show financial difficulties.
The claimants argue that the second Chapter 11 case is an misuse of the bankruptcy system and that the case is being handled in bad faith. J&J states that the bankruptcy settlement is backed by “significant support” from companies representing approximately 60,000 people who are claiming. It’s safe to say that the plaintiffs’ attorneys and victims are divided over this $8.9 billion offer for settlement.
April 21st, 2023 Update A bankruptcy judge ruled that Johnson & Johnson must face new lawsuits alleging that it sold baby powder that was contaminated and causing cancer. Although the trials for the talc lawsuits have been suspended for at least 60 calendar days however, new lawsuits may be filed, and lawyers may begin to prepare their cases. Asbestos claim. The judge expressed his doubts about J&J’s absurd attempt to revive its strategy with the second bankruptcy case.
April 13th, 2023 Update: The biggest news is the $8.9 billion over 25 years offer for settlement. Lawyers representing cancer victims who are part of the MDL class action have promised to challenge the settlement Talc claimants. Why? They argue that it’s not enough to pay for 70,000 victims who have cancer. Asbestos claim. These lawyers believe that J&J should negotiate a larger settlement or pursue individual claims in the event that the latest bankruptcy is thrown out.
But there is another lawyer group that isn’t part of the leadership group in the class action. The lawyers collectively have accumulated the equivalent of tens of thousands of lawsuits. They want to settle the case now for what many argue is far less than what these victims deserve. Their argument is twofold. First, they argue that the settlement of around the equivalent 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 be no longer patient and demand the money immediately.
April 12 2023 Update: Some people are looking for ways J&J can file for bankruptcy once more. The answer is complex and complicated. However, let’s attempt to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only means to deal with both present and future talc-related lawsuits definitively. That is, it believes it can pay less if there is an element of bankruptcy that puts pressure for a settlement. Asbestos claim. Moving past 400 years of American history, the firm claims that bankruptcy benefits all parties as it distributes settlements more fairly and more efficiently than trial courts which are where litigants get significant awards while others receive nothing.
The basic tenet of this 3rd Circuit decision was this is not a case – one that makes a profit, but an entity to assume the legal burden and declare bankruptcy – Congress considered when it was drafting the Bankruptcy Code. However, the court also ruled it was not financially crisis because J&J promised unlimited funding.
Then J&J took advantage of the funding unlimited part of the agreement but did not pledge to offer unlimited funding for lawsuits. The company says that its modified financing arrangements with its subsidiary will address appeals court’s concerns, while providing funds for claims. As if providing victims with less money would solve the underlying issue.
Attorneys representing cancer patients who oppose the agreement counter this argument by saying that it is the legal argument. Asbestos claim. They counter with legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s earlier decision. The hyperbole wasn’t spared the lawyers representing victims call it the largest “fraudulent deal in United States history.”
In spite of the legal jargon, J&J does not really think this bankruptcy will survive. But it’s a way of trying to push this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10, 2023 Update: Bloomberg is running an intriguing report on a brand new law that has been passed in New Jersey that is shedding new light on litigation funding in the baby powder class action lawsuit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) over talc products in exchange in exchange for a portion of profits. J&J is now offering to pay $8.9 billion to settle all lawsuits.
The involvement of the funders is public information due to the New Jersey court rule requiring the disclosure of certain information about outside funding backers. This rule is intended to address the growing calls for the regulation of lawsuit funders. J&J has more than 60,000 claims when you include state and federal baby powder lawsuits. Third-party funding in mass tort claims has both pros and cons. However, there is no doubt that we are seeing how third-party financing can help level the playing field between people as well as large corporations in the courtroom.
April 4, 2023 Update: It’s pleasing to see the worm turning in this lawsuit. J&J took another hit this week when it was found that the Third Circuit denied J&J’s request to extend the automatic stay while J&J appeals an appeal in the U.S. Supreme Court. This automatic stay froze hundreds of cases involving talcum powder and stopped any new lawsuits from arising ever since J&J launched the controversial attempt to spin the talc liabilities off into a bankrupt entity over a year back. Asbestos claim. When it was decided that the 3rd Circuit ruled that this bankruptcy was not valid some months ago, the stay was revoked. J&J had hoped to have it remain in effect until its SCOTUS appeal. 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 16 2023 Update: with the bankruptcy stay fully lifted, the first new cases were filed and incorporated into the class action involving talcum powder MDL in over one year. Seven new talc lawsuits were added to the MDL over 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 demanding that the U.S. Government Accountability Office (GAO) begin an investigation into the amount J&J product containing talc has cost the government in the decades.
A recent email addressed to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of not recognizing the risks of its talc product for many years, while tax dollars were utilized to treat people injured by exposure to the chemicals. The suit comes just a few days after J&J’s major loss in the 3rd Circuit Court of Appeals.
Asbestos claim. J&J must begin making fair settlement offers to victims to to put all of this behind. It’s a mark on one of the world’s greatest firms.
February 14 2023 Update: During an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Asbestos claim. 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!
>>> Asbestos Claim