You May be Entitled to Significant Compensation Talc linked to cancer. 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 pay the sum of $400 million US state AGs. Talc Linked To Cancer .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of its broader $8.9 billion deal to settle claims that its Baby Powder as well as other talc ingredients cause cancer. Talc linked to cancer.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay different types of cancer patients in a bankruptcy settlement. Talc linked to cancer. J&J has said that its Talc products are safe, and won’t cause cancer. It’s trying for another time to settle more than 38,000 cases in bankruptcy, as well as prevent new lawsuits from being filed in the near future.
LTL’s bankruptcy plan will pay $400 million to a separate trust for claims brought with state attorneys general alleging that J&J was in violation of the state’s unfair commercial practices and consumer protection laws by misinforming consumers about the quality of its talc products.
Some states had started consumer protection lawsuits against J&J prior to the time that LTL’s bankruptcy filing prevented those investigations from proceeding in 2021. Talc linked to cancer. New Mexico and Mississippi had already launched suit against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands in LTL’s court papers.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy in a joint move with cancer victims and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making business like J&J can’t benefit from bankruptcy protections meant for the struggling debtors.
The company’s initial attempt to resolve the bankruptcy lawsuits was dismissed after similar arguments. A U.S. appellate court determined the LTL wasn’t in “financial trouble” and ineligible under bankruptcy law. Talc linked to cancer. LTL had filed for bankruptcy again within two hours of the dismissal, arguing the second bankruptcy was different because it had less money available and had more support for an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s renewed bankruptcy violates the law enforcement powers of the state by trying to unilaterally cap the company’s liability for state consumer protection laws.
Talc Linked To Cancer
LTL’s filings for the new year also contained additional details about how the company would evaluate and pay cancer claims in the event that the bankruptcy plan is approved.
The highest payments under the settlement will be $500,000 to those diagnosed with mesothelioma that is terminal before the age of 45, and $260,000 for people diagnosed with ovarian cancer that is terminal before age 45.
From there, the proposed settlement provides discounts based on the type and severity of cancer, the patient’s age, history of using talc and other factors. Talc linked to cancer. For instance someone who regularly used talc products on a weekly basis, who had a family history of ovarian cancer and was diagnosed Stage II cancer of the ovary at age 55 may be eligible to receive a payment of $21,125 under the plan.
Judge orders J&J and talc opponents take part in settlement talks.
After another round of hearings in Johnson & Johnson’s effort to employ a Texas Two Step bankruptcy strategy to resolve talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the firm and the people who opposed the strategy to engage in negotiations to settle the matter, Bloomberg reports.
The second time it attempted to file for bankruptcy for LTL Management, a subsidiary created by J&J to hold the claims–the company offered a settlement amounting to $8.9 billion. Talc linked to cancer. While one firm representing plaintiffs agree with the proposal, another group is against the settlement.
In the last week, an opposition group, dubbed”The Official Committee of Talc Claimants requested the bankruptcy court to dismiss this case arguing that LTL is not a factor in financial hardship.
“The filing is a desperate and legally ineffective attempt by a small number of law firms to block claimants from voting on the resolution plan–a plan the vast and growing majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc linked to cancer. “The law firms that are behind this filing have financial interests that conflict with, diverge from and are in opposition to the interests that their customers. We’ll soon submit an answer to the appellate court.”
Talc linked to cancer. Clay Thompson, a lawyer for MRHFM which boasts more than patients with mesothelioma who have filed lawsuits against J&J, said that the second bankruptcy attempt of J&J failed.
“J&J publishes press release describing how fantastic its plans are, but is insisting that the plan’s details, including what individual sick people would actually be treated to,” Thompson said in an announcement. “What do they have to keep secret?”
Kaplan has instructed the sides to devise a second arrangement plan under the supervision of two mediators.
On February 20, 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that will free J&J from the tens of thousands of claims over its talcum products.
But in January of this year a federal appeals court overturned the decision, deciding that the business could not be considered to be in “financial financial distress.”
In the event that J&J’s request to make an appeal before the U.S. Supreme Court was rejected on April 1, J&J declared bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether to allow the second bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B settlement charge for talc.
Through two Chapter 11 attempts, J&J has bought 19 months during which cases have been in limbo. Talc linked to cancer. The company is requesting that claimants take a vote to accept their settlement. J&J would need 75% acceptance for the settlement to be approved.
Alongside the group of talc lawyers who criticised LTL’s bankruptcy plan as well, the U.S. Trustee, a branch belonging to the U.S. Department of Justice was also the one to file motions to dismiss LTL’s second bankruptcy case.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest, but naive debtors.” These doors “are not accessible to those that don’t have a legitimate bankruptcy reason or want to take advantage of the bankruptcy process to hinder or delay their creditors,” Vara continued.
To its credit, J&J maintains there is no conclusive evidence that its Talc products, which includes its iconic baby powder, can cause cancer. J&J has been taking the products of the market, first in North America in 2020–and the rest of the world this year.
J&J wants to avoid the cost of going to court. It has won the majority of cases that were decided in court, however some losses have been very punitive.
A high-profile trial in Missouri produced a $4.7 billion verdict against the drug maker that was later reduced to $2.1 billion following appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine trial involving talc that are in appeal or resolved. In 41 trials 32 of them ended in the favor of J&J or a mistrial, or plaintiff verdicts that were overturned upon appeal. Talc linked to cancer. Separately, the company in 2020 negotiated to settle nearly 1,000 cases worth the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Linked To Cancer
Our lawyers handle the baby powder litigation in every state. The talcum powder lawsuits for Johnson & Johnson have been in the process for several years. Talc linked to cancer. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in products such as Shower to Shower Powder as well as Shower to Shower and Shower to Shower, could cause cancer of the ovary in certain women.
This page provides a J&J Talc Power litigation update and discusses how the upcoming bankruptcy ruling will impact the final settlement amounts of these Ovarian Cancer lawsuits.
Has the deadline passed 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 request a free and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Linked To Cancer
June 2, 2023 Update: During an asbestos talc court trial held at the trial in California yesterday, technical issues halted the opening statements made by defense lawyers. Talc linked to cancer. The jurors, attending 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 trial was abruptly closed.
The plaintiff had the opportunity to present an initial witness Arthur Langer. Langer explained that the occurrence of other minerals in the talc’s mineral content is inevitable. He also testified that his team had notified J&J in 1971 of the presence of chrysotile asbestos within the talc manufactured by the company, though with less than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update Talc linked to cancer. First trial after J&J took the decision to disband its talc segment and file for bankruptcy marks a pivotal moment of the ongoing litigation saga. Trial started on Monday in the harrowing case of a young 24 year-old plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma in the past year, which both sides agree is a harrowing tragedy.
The opening statements exposed the stark differences in each side’s narrative. The plaintiff’s attorney took aim on Johnson & Johnson, alleging the use of deceitful techniques in its research practices and throughout the litigation process. As per the lawyer the company attempted to manipulate asbestos’ definition, in spite of internal documents from 1978 and 1994 showing that asbestos fibers in the tissue of the plaintiff are included.
Johnson &J’s tangled $8.9 billion settlement proposal hangs in the balance with the progress of this trial. Despite the particularity of this mesothelioma-related case and its unique challenges compared to the majority of talcum powder lawsuits, a verdict favoring the plaintiff could result in an enormous setback for J&J’s hopes for broad acceptance of their settlement proposal among plaintiffs.
May 31st 2023: Update from Johnson & Johnson’s bankrupt talc division is defending their Second Chapter 11 filing in the facing challenges from talc injury claimants. In an appeal to the New Jersey bankruptcy court, the subsidiary argued that the case differed fundamentally from the first filing. It emphasized the unprecedented commitment of $8.9 billion in settlement from J&J the biggest settlement ever to be made in a mass tort bankruptcy case. Talc linked to cancer. Not mentioned: how the amount of the settlement means it is a fair settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms representing over sixty thousand claimants. This is not easy to confirm but likely incorrect.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the very first trial concerning its cosmetic talc products that are believed to with asbestos content is scheduled to begin jury selection on Monday, California with Alameda County Superior Court, a historically good location for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure in J&J’s product which the company does not deny. The trial also involves six retailers who are accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are currently fighting over who should be chosen to fill the role of the future claims representative, an important role important to resolving the claims involving talc. Talc linked to cancer. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country, was appointed as the claims representative in the initial bankruptcy. J&J’s defense attorneys want Ellis to be appointed to that role in the future, however lawyers representing the talc plaintiffs have raised objections on the grounds that Ellis has an interest conflict which should stop her from taking on that role once more. The issue stems from the fact that Ellis was reportedly involved in drafting the controversially disputable second bankruptcy, which raises concerns about her ability to be neutral. However, the reality is that this bankruptcy could get dismissed anyway.
May 17, 2023 Update: The pretend company that J&J made up for the talc bankruptcy has informed an New Jersey bankruptcy court that they have designated $400 million to settle allegations made by states who accuse J&J of misleading marketing for its talc products. Talc linked to cancer. So that makes it an $8.5 billion settlement to cancer victims. It’s difficult to imagine an eventuality where J&J will be able to push these settlements for babies in these figures. While J&J’s $8.5 billion offer sounds like a large sum at first, it does not look great when you do the math. This settlement offer based on our rough calculations – would not offer victims anything more than $100,000 per case. That’s not enough.
May 15 2023 update: J&J may be in the middle of a lawsuit by an advocacy group that represents cancer victims. Talc linked to cancer. The group claims that J&J deliberately withdrew an $61.5 billion financing agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial stress and validate the unit’s Chapter 11 bankruptcy filing. The group argues that this act is equivalent to a fraudulent transfer of right to compensation for victims. They plan to explore J&J’s actions after the announcement of the denial of the first bankruptcy case of LTL.
May 10, 2023 Update: Next week 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 petition filed by J&J LTL Management, J&J’s subsidiary. LTL Management. However, 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 reached.
May 5th, 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer through asbestos exposure. Talc linked to cancer. Over 2700 people have sued the company and it is paying $1 million per month for legal defense. The company’s latest $29 million verdict in South Carolina forced it to apply for bankruptcy protection and argue that assets should be distributed in an equitable manner among talc claimants instead of being taken from the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of lawsuits.
May 4 2023 Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to relaunch talks on settlement with lawyers who rebuffed the company’s $8.9 billion deal. The court in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss the next steps in another bankruptcy proceeding and Judge Kaplan encouraged further settlement talks.
This is the best way to settle these claims with J&J. A baby powder settlement could be achieved. Talc linked to cancer. However, it’ll require more money – more billions of dollars – coming from Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not all clients view the situation the same way their lawyer sees it. This second case of bankruptcy is likely to go nowhere with Judge Kaplan has set a date for a hearing in June to determine whether to discharge the bankruptcy for the 2nd time.
May 3, 2023 Update: A group representing cancer patients who have sued Johnson & Johnson (J&J) asked to have they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation surrounding talc-based products. The group of talc claimants filed a motion on Tuesday asking that the Third Circuit to consider their case and send it back to a lower court, with instructions for dismissing the bankruptcy. Talc linked to cancer. The committee also requested that the halted tort litigation against J&J be allowed to continue.
LTL requested Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year, offering a $8.9 billion agreement. The committee says that the recent ruling, which allows LTL’s second Chapter 11 to continue, while also halting trials against J&J and J&J, requires immediate Third Circuit review. The US Trustee 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 intends to file a reply in the appeals court, characterizing the filing as a “desperate and legally deficient plan” by a few of law firms that have different financial interests.
May 1 2023 Update: One question people keep asking is how could the plaintiffs’ lawyers and their clients turn down $8.9 billion. Of course, that’s a lot of money. There are a lot of victims. Talc linked to cancer. And these are really good arguments for plaintiffs. We have been reminded of this recently by two talc-related trials that have resulted in huge verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon ended in an award in the amount of $18.1 million. A month later, another mesothelioma trial involving talc was held for trial on the other side of South Carolina and resulted in an award of $29 million on behalf of the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. one of the most prominent manufacturers of talc in U.S.
April 30, 2023 Update: When J&J first attempted to drag the talcum powder litigation into bankruptcy, it did so with the option of putting aside $2 billion to settle the case. It was a ridiculously small amount. All of the talc plaintiffs supported it. This time around, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they agree to a bankruptcy settlement and they have the support of a large section of the talc victims and their attorneys. Talc linked to cancer. But with 75% of plaintiffs in the talc category, which is required for bankruptcy plan approval is not an easy task due to the sheer number of lawyers with massive collections of baby powder litigations opposed to the settlement.
What are the solutions to the impasse? More billions.
April 25 2023 Update Talc plaintiffs have requested a judge to reject the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, insisting that the company is not financially troubled. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Talc linked to cancer. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not a candidate for bankruptcy relief as it was unable to demonstrate financial difficulties.
The plaintiffs argue that the Second Chapter 11 case is an overreach of the bankruptcy system and it’s being pursued in bad faith. J&J says the bankruptcy settlement receives “significant support” from companies representing approximately 60,000 people who are claiming. It’s fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are divided on their disagreement over the $8.9 billion deal.
April 21st, 2023 Update: A bankruptcy judge ruled the company Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. Even though trials for Talc lawsuits are suspended for at least 60 days but new lawsuits can be filed and lawyers are able to begin preparing their cases. Talc linked to cancer. The judge expressed his doubts about J&J’s absurd attempt to revive its strategy with another bankruptcy case.
April 13, 2023: Update on the most important update is about the $8.9 billion over 25 years settlement offer. Lawyers representing cancer victims who are part of MDL class action MDL collective action pledged to fight the settlement along with talc claimants. Why? They argue that it’s not enough for 70,000 victims who have cancer. Talc linked to cancer. These lawyers argue that J&J should negotiate a larger settlement or settle individual claims in the event that the latest bankruptcy is dismissed.
There is a different group of lawyers outside of the leadership group in this class action. These lawyers have amassed hundreds of thousands of cases. The group is seeking to settle the case now for what is believed to be less than the victims deserve. The argument they make is twofold. First, they argue that the settlement – about 100,000 dollars per plaintiff is fair.
That is a hard argument to make. However, their second argument has more force: the victims can no longer wait and want their money today.
April 12 2023 Update: People are wondering if J&J can go through bankruptcy again. The answer is complicated and convoluted. Let’s try to clarify it clearly.
Johnson & Johnson asserts that bankruptcy is the only method to resolve both current and future talc litigations in a definitive manner. That is, it thinks it will pay less when there is the bankruptcy element which applies pressure to negotiate a settlement. Talc linked to cancer. Driving past the 400-year span of American past, the company claims that bankruptcy benefits all parties by distributing settlement payments more equitably and more efficiently than trial courts where litigants are awarded significant awards while others receive nothing.
The basic tenet in this 3rd Circuit decision was this isn’t a case that involves one that makes a profit, but an entity to assume the legal burden and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. However, it also stated the company was financially crisis due to the fact that J&J assured it of unlimited funding.
This is why J&J did not hesitate to take advantage of the unlimited funding aspect of the holding but did not pledge that it would provide unlimited funds for cases. The company says that its new financing agreements with its subsidiary will address concerns of the appellate court, while offering claim payment funds. As if offering victims less money would solve the overall issue.
Lawyers representing cancer victims who oppose the deal counter this argument by saying that it is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s earlier ruling. Hyperbole did not go unnoticed by the victims’ lawyers, who call it the most significant “fraudulent deal of assets in United States history.”
In spite of the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it’s a way of trying to push this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10, 2023 update: Bloomberg offers an informative 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 suit. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any wins. J&J has now offered to pay $8.9 billion to settle all lawsuits.
The involvement of funders is public information due to an New Jersey court rule requiring the disclosure of certain information about funding sources outside of the. The rule aims to tackle the growing demands for regulation of the litigation funders. J&J faces over 60,000 claims when you add up federal and state Baby Powder lawsuits. Third-party financing in mass tort cases has pros and cons. There is no doubt that we are witnessing how third-party financing can help level the playing field between individuals as well as large corporations in the courtroom.
April 4 2023 Update: It’s 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 as J&J appeals an appeal before the U.S. Supreme Court. Automatic stays have frozen thousands of talcum cases and prevented new lawsuits from being filed ever since J&J launched the controversial attempt to spin talc-related liabilities into a bankrupt subsidiary over a year earlier. Talc linked to cancer. After it was decided that the 3rd Circuit ruled that this bankruptcy was not legal a few months ago, the stay was removed. J&J was hoping to have it remain in effect until an appeal to 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. The chance is that the Supreme Court is willing even to consider 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 included in the MDL in the last month and brought the total number of cases that are pending to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) start an investigation into the amount J&J products containing talc have cost the government in the many years.
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 product for many years, while tax dollars were spent treating those injured by exposure to the product. The lawsuit comes just a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc linked to cancer. J&J should begin to make fair settlement offers to victims to begin getting this behind it. This is a blemish on one of the most prestigious firms.
February 14 , 2023 Update: At a hearing today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Talc linked to cancer. 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!