You May be Entitled to Significant Compensation Why talc is not safe. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!
J&J’s proposed settlement for talc would make payments of $440 million US state AGs. Why Talc Is Not Safe .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of a broad $8.9 billion settlement of allegations that it’s Baby Powder as well as other talc ingredients cause cancer. Why talc is not safe.
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 victims in the bankruptcy settlement. Why talc is not safe. J&J has declared that its Talc products are safe, and don’t cause cancer. The company is trying for a second time to resolve more than 38,000 lawsuits filed in bankruptcy and stop new cases from coming forward in the near future.
The bankruptcy plan of LTL would pay $400 million into an additional trust to settle claims filed by state attorneys general claiming that J&J violated the state’s unfair commercial practices as well as consumer protection laws, by deceiving consumers regarding the safety of its talc products.
Some states had started consumer protection lawsuits against J&J prior to the first bankruptcy filing prevented these investigations from progressing in 2021. Why talc is not safe. New Mexico and Mississippi had already brought actions with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas, according to LTL’s court filings.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished in a joint move with cancer victims and the U.S. Justice Department’s bankruptcy watchdog. They have claimed that a lucrative business like J&J does not qualify for bankruptcy protections intended for struggling debtors.
The first time LTL attempted to settle the bankruptcy cases was dismissed after similar arguments. The U.S. appeals court ruled the LTL had not been in “financial financial distress” and thus not eligible of bankruptcy protection. Why talc is not safe. LTL had filed for bankruptcy again in just two hours following the dismissal, saying that its second attempt was different in that there was less money available and more backing for an agreement.
New Mexico and Mississippi said in their motion to dismiss LTL’s bankruptcy renewal violates the state’s law enforcement authority by trying to unilaterally cap the liability of the company for state consumer protection laws.
Why Talc Is Not Safe
The filings of LTL’s latest bankruptcy proceedings also include more information about how the company would assess and pay claims for cancer in the event that the bankruptcy plan is approved.
The maximum amount under the settlement would be $500,000 for those diagnosed with terminal mesothelioma before the age of 45, and $260,000 for people diagnosed with ovarian cancer that is terminal prior to age 45.
From there, the proposed settlement will offer discounts based on the severity and type of cancer, the patient’s age, history of usage of talc and other variables. Why talc is not safe. For instance someone who regularly used talc products weekly, had an ovarian cancer family history, cancer and was diagnosed with the stage 2 ovarian cancer when she was 55 could be in line for a $21,125 payout according to the plan.
Judge gives order to J&J and talc opponents engage in settlement talks.
After another round of hearings in Johnson and Johnson’s efforts to employ a Texas Two Step bankruptcy strategy for talc litigation, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the strategy to engage in talks to reach a settlement, Bloomberg reports.
In its second bankruptcy effort for LTL management, a subsidiary founded by J&J to handle the claims company made a settlement offer of $8.9 billion. Why talc is not safe. While a group of law firms representing plaintiffs support the deal, another group opposes the move.
Earlier this week, the opposition group, dubbed”The Official Committee of Talc Claimants and urging the bankruptcy court to disqualify the petition argument that LTL is not considered to be to be in financial trouble.
“The filing is a desperate and legally ineffective attempt by a few of law firms to prevent claimants from voting on the resolution plan – a plan that the vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Why talc is not safe. “The law firms involved in this filing have financial interests that are in conflict with, contradict and are in opposition to the interests that their customers. We’ll soon submit an answer in the appeals court.”
Why talc is not safe. Clay Thompson, a lawyer for MRHFM that includes more than mesothelioma clients who have sued J&J for bankruptcy, told J&J’s second bankruptcy attempt will fail.
“J&J sends out press releases describing how fantastic the plan is but simultaneously demanding that plan details–including what individual sick people would actually receive,” Thompson said in a statement. “What do J&J have to cover up?”
Kaplan has directed the parties to develop a new arrangement plan under the supervision by two mediators.
The court in February of 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would relieve the company from the thousands of lawsuits related to its talcum-based products.
In the month of January, a federal appeals court ruled against the decision, deciding that the company was not able to be considered in “financial difficulty.”
In the event that J&J’s request to appeal to the U.S. Supreme Court was denied the same month, J&J filed for its second bankruptcy roughly two hours later. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to grant the second bankruptcy.
J&J’s unstoppable profit machine sputters after $6.9B cost of litigation involving talc.
Through 2 Chapter 11 attempts, J&J has bought 19 months during which the cases were in limbo. Why talc is not safe. The company would like claimants to decide whether they want to accept the settlement. J&J will require 75% support for the deal to pass.
Alongside the group of talc lawyers that criticized LTL’s bankruptcy plan as well, the U.S. Trustee which is a division belonging to the U.S. Department of Justice was also the one to file a motion to dismiss LTL’s second bankruptcy case.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the doors of bankruptcy are “open to honest but unfortunate debtors.” The doors “are not open to any parties that don’t have a legitimate bankruptcy reason or want to take advantage of the bankruptcy process to delay or hinder their creditors,” Vara continued.
On the other hand, J&J maintains there is no proof conclusive that their talc products, including its popular baby powder can cause cancer. J&J has taken its products off of the market–first to be available in North America in 2020–and the rest of the world later this year.
J&J is determined to stay clear of the cost of going to court. The company has won most of the cases that have been decided in court, however certain losses have been extremely harsh.
A highly publicized trial in Missouri produced a $4.7 billion verdict against the drug maker 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 trial involving talc that are on appeal or have been concluded. Out of 41 trials, 32 have resulted in the favor of J&J either through a mistrial or verdict for a plaintiff that was dismissed in appeal. Why talc is not safe. Separately, the company has announced plans to settle over 1,000 cases for the sum of $100 million. Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Why Talc Is Not Safe
Our lawyers are handling baby powder lawsuits in every state. The talcum powder lawsuits on behalf of Johnson & Johnson have been ongoing for many years. Why talc is not safe. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in many products, including baby Powder as well as Shower to Shower which can cause ovarian cancer in certain women.
This page provides the J&J update on the talc power litigation and examines how the coming bankruptcy ruling impacts the ultimate settlement amounts in these ovarian cancer lawsuits.
Has the deadline passed for you to make a claim for talcum powder? Many who believe that the time limit has expired 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 – Why Talc Is Not Safe
June 2 2023 Update: During the trial for asbestos-containing talc that took place in California yesterday, some technical issues halted the opening statement by the defense attorneys. Why talc is not safe. Jurors who were watching from their homes via Zoom and hearing the Johnson &Johnson’s lawyer express skepticism about the 70s science claiming asbestos was present in their product, but the opening was abruptly ended.
The plaintiff was able to introduce their first witness, Arthur Langer. Langer stated that the presence of other minerals in the talc’s mineral content is inevitable. He claimed that his group had notified J&J in 1971 of the presence of asbestos chrysotile in the company’s talc, albeit at less than 0.1 percent. He also found more asbestos in 1976.
June 1st, 2023 Update: Why talc is not safe. A trial for the first time since J&J has decided to separate its talc division and declare bankruptcy is an important turning point for the ongoing litigation drama. The trial started yesterday in the heartbreaking case of a young 24-year-old plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma earlier this year. which both sides of the argument agree is a harrowing tragedy.
The opening statements exposed the distinct differences between each side’s narrative. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging that the company employed deceitful strategies in its research practices as well as throughout the litigation procedure. The attorney claims that, according to the company attempted to manipulate the definition of asbestos in spite of internal documents from 1978 and 1994 showing that fibers discovered in the plaintiff’s tissue are included.
Johnson &J’s tangled $8.9 billion settlement offer hangs in the balance with the progression of this trial. Despite the distinct nature of this mesothelioma-related case and its distinct issues compared to the majority of talcum powder lawsuits ruling in favor of the plaintiff could be 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 bankrupted talc unit has vigorously defended it’s Second Chapter 11 filing in the in the face of challenges from injured talc claimants. In an opposition filed with the New Jersey bankruptcy court, the subsidiary argued that the filing was vastly different from the prior filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion by J&J which is the biggest settlement ever to be made in an bankruptcy case involving mass torts. Why talc is not safe. The issue is not discussed: whether this amount signifies that it’s a fair settlement. J&J also claimed that it received support from several plaintiffs’ legal firms that represent over the 60,000 plaintiffs. This is hard to verify however it is likely to be incorrect.
May 24, 2023 Update: Since Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial concerning its cosmetic talc products that are believed to containing asbestos is set to start jury selection on Monday, May 24, California within the Alameda County Superior Court, a historically good jurisdiction for plaintiffs. The plaintiff claims his mesothelioma is the result of asbestos exposure from J&J’s products, an allegation J&J is denying. The trial also involves six retailers accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers in the 2nd J&J Talc bankruptcy are in a dispute over who should be chosen to fill the position of future claims representative, which is vitally critical to resolving talc claims. Why talc is not safe. Randi Ellis, a lawyer who is frequently involved in MDLs across the country, was appointed as the claims representative during the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed to this position and again, but attorneys for the plaintiffs in talc are arguing due to the fact that Ellis has conflicts of interest which should stop her from taking on that role once more. The dispute stems from issue that Ellis was involved in drafting the controversially disputable second bankruptcy, which raises doubts about her ability to be neutral. It’s true that the bankruptcy will be dismissed regardless.
May 17, 2023 Update: The pretend company that J&J made up for the talc bankruptcy told an New Jersey bankruptcy court that they have allocated $400 million to pay the claims brought by states accusing J&J of misleading marketing for its talc product. Why talc is not safe. So that makes it an $8.5 billion settlement to cancer victims. It’s difficult to envision an eventuality where J&J can get the settlements of baby powder through with these numbers. While J&J’s proposed $8.5 billion offer sounds like a huge sum initially, it may not look very appealing when you consider the math. The proposed settlement based on our rough calculations, would not pay victims much more than a median settlement of $100,000 per instance. It’s not enough.
May 15 2023, Update J&J might be facing lawsuit brought by an advocacy group representing cancer victims. Why talc is not safe. The group contends that J&J intentionally canceled an $61.5 billion financing agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial stress and verify the unit’s Chapter 11 bankruptcy filing. The group asserts this action amounts to a fraudulent transfer of the right to compensation for victims. They are planning to study J&J’s actions as a result of the denial of LTL’s first bankruptcy suit.
May 10 2023 Update: Next week in next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy petition filed of J&J subsidiary LTL Management. In the meantime, LTL Management has filed an order calling for both parties to participate in a second settlement mediation with the hopes of achieving an international settlement agreement can be reached.
May 5, 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer from asbestos exposure. Why talc is not safe. Over 2,700 people have sued the firm and the company was spending $1 million a month to defend its legal position. The company’s most recent $29 million verdict that was handed down in South Carolina forced it to file for bankruptcy protection, arguing for an equitable distribution of assets to talc claimants, rather than being taken over by the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of legal proceedings.
May 4 2023, Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume settlement discussions with lawyers who rebuffed the proposed $8.9 billion settlement offer. In Trenton, New Jersey yesterday the parties gathered in court to discuss next steps for their second bankruptcy matter. Judge Kaplan has pushed for further settlement talks.
This is the answer to settle these claims with J&J. A baby powder settlement can be achieved. Why talc is not safe. But it’ll need additional money – perhaps billions of dollars coming from Johnson & Johnson.
Lawyers are split on whether or not to accept the plan and not all clients see the issue in the same manner their lawyer sees it. The second bankruptcy case is likely to be a failure the judge Kaplan has set a date for a hearing in June to determine whether to dismiss the bankruptcy for the second time.
May 3 2023 Update A group of cancer patients who have sued Johnson & Johnson (J&J) asked that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt litigation over talc products. The group representing the claimants made a motion Tuesday asking the Third Circuit to consider their case and to send it back an earlier court, with instructions for dismissing the bankruptcy. Why talc is not safe. They also asked that halted tort litigation against J&J continue to proceed.
LTL applied for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied in the Third Circuit earlier this year and offered the possibility of an $8.9 billion settlement. The committee argues that the recent decision allowing LTL’s 2nd Chapter 11 to continue, in addition to halting trials against J&J and J&J, requires urgent Third Circuit review. The US Trustee also asked that an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation, Erik Haas, was quoted by Bloomberg saying that J&J intends to file a reply to the appeals court declaring the filing a “desperate and legally insufficient plan” by a few of law firms that have different financial interests.
May 1 2023 Update: One question people keep asking is how plaintiffs and their attorneys turn on $8.9 billion. Of course, that’s an enormous amount of money. But there are plenty of victims. Why talc is not safe. These are an excellent case for plaintiffs. We were reminded of this last week with two talc trials resulted in big verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon resulted in a verdict worth $18.1 million. The following month, a second mesothelioma-related talc case went to trials in South Carolina and resulted in a verdict of $29million in favor of plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. which is one of the leading suppliers of talc within the U.S.
April 30 2023 Update: In the year 2023, when J&J first tried to bring the litigation over talcum powder into bankruptcy, it did so with an offer to reserve $2 billion for settlements. The amount was absurdly low. The talc plaintiffs had not supported it. This time around, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and also has the backing of a significant segment of the talc plaintiffs and their lawyers. Why talc is not safe. But with 75% of talc plaintiffs, which is required to approve bankruptcy plans It’s a long and difficult process because of the number of lawyers who have vast collections of baby powder litigations opposed in favor of the deal.
What can be done to end the impasse? More billions.
April 25, 2023 update: Talc patients have asked a judge to reject the Chapter 11 case filed by LTL Management LLC, a 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 cause cancer. Why talc is not safe. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not eligible for bankruptcy relief because it was unable to demonstrate financial distress.
The claimants contend that LTL’s second Chapter 11 case is an fraud on the bankruptcy system, and that the case is being handled in bad good faith. J&J states that the bankruptcy settlement is backed by “significant support” from firms representing about 60,000 potential people who are claiming. It’s safe to say plaintiffs’ lawyers and victims ‘ lawyers are not united over their disagreement over the $8.9 billion settlement offer.
April 21st, 2023 Update: A bankruptcy judge has ruled that Johnson & Johnson must face new lawsuits claiming that the company sold baby powder that was contaminated and causing cancer. Although trials for Talc lawsuits are suspended for a minimum of 60 days however, new lawsuits may be filed, and lawyers may begin to prepare their cases. Why talc is not safe. The judge expressed his doubts about J&J’s attempt to revive its plan with a second bankruptcy trial.
April 13 2023: Update on the major news is the $8.9 billion over the course of 25 years of settlement. Lawyers representing cancer patients in MDL class action MDL class action have promised to challenge the settlement those who claim talc. Why? They argue that it’s not enough money for 70 000 cancer patients. Why talc is not safe. The lawyers say that J&J could negotiate a greater settlement or even litigate individual claims if the latest bankruptcy is dismissed.
But there is another group of lawyers that is not part of the leadership group in this class action. These lawyers have amassed many thousands of cases. They want to settle today for what many argue is less than these victims deserve. Their argument appears to be twofold. They argue that the settlement of around an average of $100,000 per plaintiff – is fair.
This argument isn’t easy to make. The second argument is more teeth: victims can be no longer patient and demand their money today.
April 12 2023 Update: People are wondering if J&J could file for bankruptcy once more. The answer is complicated and confusing. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only option to address both present and future talc litigations in a definitive manner. That is, it thinks it can get a lower rate in the event of a bankruptcy element that creates pressure to settle. Why talc is not safe. Driving past 400 years of American history, the firm argues that bankruptcy benefits all parties because it distributes settlements more fairly and effectively than trial courts, in which some litigants receive substantial settlements while others get nothing.
The main thrust in the 3rd Circuit decision was this is not a matter of an enterprise that is profitable, forming an entity to assume the legal liability and declare bankruptcy Congress had in mind when it came to drafting the Bankruptcy Code. However, it also stated that the entity was financially crisis due to the fact that J&J promises unlimited funding.
So J&J jumped on the unlimited funding part of the deal and did not promise that it would provide unlimited funds for litigation. J&J claims that its revised financing arrangements with its subsidiary will address concerns of the appellate court, while offering claim payment funds. As if offering victims less money would solve the overarching problem.
Attorneys representing cancer victims who oppose the agreement counter the agreement with what is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole was not spared the lawyers representing victims call it the biggest “fraudulent transaction that has occurred in United States history.”
In spite of the legal jargon, J&J does not really think this bankruptcy will survive. But it is a way to push for this $8.9 billion settlement and keep the pressure on plaintiffs.
April 10 2023 Update Bloomberg provides an insightful article on a new law that has been passed in New Jersey that is shedding new light on litigation funding in the Class action suit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any winnings. J&J is now offering that it will pay $8.9 billion to settle lawsuits.
The involvement of the funders is public knowledge because of an New Jersey court rule requiring the disclosure of certain information about outside funding backers. This rule is intended to address the rising calls for the regulation of lawsuit funders. J&J has to deal with more than 60,000 lawsuits when you add up federal and state baby powder lawsuits. Third-party funding for mass tort lawsuits is not without its pros and cons. There is no doubt that we are seeing how third-party funding could level the playing field between individuals and big companies in the courtroom.
April 4, 2023 Update: It’s enjoyable to see the worm turn in this lawsuit. J&J took another hit this week, when they were denied by the Third Circuit denied J&J’s request to continue the automatic stay while J&J appeals an appeal to the U.S. Supreme Court. Automatic stays have halted thousands of talcum powder cases and prevented the filing of new lawsuits ever since J&J initiated the controversial effort to spin talc-related liabilities into a bankrupt company over a year earlier. Why talc is not safe. When the 3rd Circuit ruled that this bankruptcy was insufficient some months ago, the stay was lifted. J&J had hoped to have it stayed in place until an appeal to the 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 chance for the Supreme Court is willing even to accept the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay having been officially lifted, the very first new cases have been filed and transferred into the class action involving talcum powder MDL in over one year. Seven new talc lawsuits have been brought into the MDL in the past month increasing the number of cases pending to 37,522.
February 25, 2023 Update: A Congressmen from Tennessee is now calling for authorities from the U.S. Government Accountability Office (GAO) launch an investigation into how much J&J talc products have cost the government in the years.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of ignoring the dangers of its talc products over many years, while tax dollars were spent treating those injured by exposure to the products. The suit comes just a few days after J&J’s major loss in the 3rd Circuit Court of Appeals.
Why talc is not safe. J&J has to begin making reasonable settlement proposals for victims in order in putting this behind it. It’s a mark on one of the greatest companies.
February 14 2023 Update: In the hearing held 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 Why talc is not safe. Johnson & Johnson powders were proven to contain asbestos (a cancer causing agent) and the company failed to notify users of the cancer risk. $2 BILLION has already been awarded to claims. Free To File! No Fees Unless A Settlement Is Awarded!