You May be Entitled to Significant Compensation Class action Johnson. 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 $400 million to US state AGs. Class Action Johnson .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of a larger $8.9 billion settlement of allegations that its Baby Powder and other talc ingredients cause cancer. Class action Johnson.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay different types of cancer sufferers in the bankruptcy settlement. Class action Johnson. J&J has stated that its products containing talc are safe and will not cause cancer. The company is 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 would pay $400 million to a separate trust for lawsuits filed by state attorneys general alleging that J&J violated state unfair business practices as well as consumer protection laws by misleading consumers about the quality of its talc products.
Many states had initiated consumer protection actions against J&J before LTL’s first bankruptcy filing prevented these investigations from moving forward in 2021. Class action Johnson. New Mexico and Mississippi had already launched actions against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas according to court papers.
New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL, joining cancer victims as well as The U.S. Justice Department’s bankruptcy watchdog. They have argued that a profitable business like J&J does not qualify for bankruptcy protections aimed at the struggling debtors.
The company’s initial attempt to resolve the bankruptcy lawsuits was thrown out after similar arguments. The U.S. appeals court determined that LTL had not been in “financial distress” and thus not eligible under bankruptcy law. Class action Johnson. LTL had filed for bankruptcy again less than two hours after the dismissal, arguing the second bankruptcy was different in that it was able to borrow less and had more support for an agreement.
New Mexico and Mississippi said in their motion to dismiss LTL’s renewed bankruptcy violates state law enforcement powers by attempting unilaterally to cap the liability of the company for state consumer protection laws.
Class Action Johnson
LTL’s new filings also included more details on how the company would evaluate and pay for cancer claims if the bankruptcy plan is approved.
The largest amount of money under the settlement would be $500,000 for patients diagnosed with terminal mesothelioma before age 45. Class action Johnson. The second payment would be $260,000 for patients diagnosed with terminal ovarian cancer before age 45.
From there, the proposed settlement will offer discounts based on the severity and type of cancer, the patient’s years of age, their history of the use of talc, and other aspects. Class action Johnson. For instance an individual who was using daily talc products, had the family history of ovarian cancer and was diagnosed with the stage 2 ovarian cancer by age 55 may qualify to receive a payment of $21,125 under the settlement plan.
Judge orders J&J and talc opponents to take part in settlement talks.
Following another hearing in Johnson & Johnson’s effort to utilize a Texas Two-Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the plan to hold negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy bid for LTL management, a subsidiary founded by J&J to hold the claims–the company proposed a settlement of $8.9 billion. Class action Johnson. While one firm representing plaintiffs supports the proposal, another group is opposed to the offer.
The previous week, the opposition group, called”the Official Committee of Talc Claimants requested the bankruptcy court to disqualify the petition argument that LTL is not a factor financially distressed.
“The filing is an incredibly legal and ineffective attempt by a tiny number of law firms to stop claimants from deciding on the resolution plan – a plan the vast and growing majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Class action Johnson. “The law firms who filed the filing are pursuing financial interests which clash with, differ from and contravene those that their customers. We will be submitting a response an appeal to the appellate court.”
Class action Johnson. Clay Thompson, a lawyer for MRHFM which boasts more than mesothelioma clients who have filed lawsuits against J&J for bankruptcy, told the second bankruptcy attempt of J&J is likely to fail.
“J&J sends out press releases about how great its plans are, but is demanding that plan details–including what individuals with illnesses would receive–be kept secret,” Thompson said in a statement. “What is J&J’s plan to hide?”
Kaplan has commanded the parties to develop a new reorganization plan, under the supervision of two mediators.
The court in February of 2022 Kaplan confirmed 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.
But in January of this year an appeals court in the United States overturned the ruling, ruling that the company could not be considered to be in “financial distress.”
The J&J’s plan to make an appeal before the U.S. Supreme Court was turned down in April, J&J filed for its second bankruptcy two hours after. In response, Kaplan froze the lawsuits for 60 days in order to determine whether or not to approve to file for bankruptcy again.
J&J’s unstoppable profit engine goes out of control after $6.9B cost of litigation involving talc.
With two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were placed held. Class action Johnson. The company is requesting that claimants decide whether they want to accept the settlement. J&J would need 75% support for the deal to pass.
In addition to the team of talc lawyers who panned the bankruptcy of the company in the U.S. Trustee, the U.S. Trustee, an arm belonging to the U.S. Department of Justice, also filed a motion to dismiss LTL’s second bankruptcy.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest but unfortunate debtors.” These doors “are not open to any parties that do not have a legitimate goal or who seek to abuse the bankruptcy process to delay or hinder their creditors,” Vara continued.
For its part, J&J maintains there is no evidence conclusive that its 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 remainder of the globe later this year.
J&J intends to steer clear of the cost of going to court. J&J has won the majority of cases decided through trial, though certain losses have been extremely harsh.
A high-profile trial in Missouri led to a $4.7 billion verdict against the drug company, 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 talc trials that are either on appeal or have been settled. Of the 41 trials, 32 ended with winning for J&J as well as mistrials or plaintiff verdict that was dismissed after appeal. Class action Johnson. The company also in 2020 moved to settle around 1000 cases at a cost of 100 million dollars, Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Class Action Johnson
Our lawyers handle the baby powder litigation in all 50 states. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been ongoing for years. Class action Johnson. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient found in products such as baby Powder or Shower to Shower as well as other products, may cause ovarian cancer in some women.
This page provides the J&J Talc Power litigation update and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amounts of these cases of ovarian cancer.
Is the deadline for you to file a talcum powder lawsuit? Many who assume the time limit has expired to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Class Action Johnson
June 2 2023 Update: During the trial for asbestos-containing talc in California yesterday, a few technical issues interrupted the opening statements of the defense attorneys. Class action Johnson. Jurors from their homes via Zoom, did hear Johnson and Johnson’s lawyer express doubt about the science of the 70s claiming asbestos was present in their product prior to the trial was abruptly closed.
Meanwhile, the plaintiff had the opportunity to present its first expert witness Arthur Langer. Langer explained that the occurrence of additional minerals along with talc is inevitable. He said that his team was notified by J&J in the year 1971 about the presence of asbestos chrysotile in the talc produced by the company, although in just 0.1 percent. The asbestos was discovered by him in 1976.
June 1, 2023 Update: Class action Johnson. The first trial since J&J took the decision to disband its Talc division, and then declare bankrupt is a pivotal moment within the ongoing litigation saga. Trial began yesterday in the harrowing case of a young 24-year-old plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma last year, which both sides believe is a tragic loss.
Opening statements revealed sharp differences in the two sides’ narrative. The plaintiff’s attorney took aim towards Johnson & Johnson, alleging the use of deceptive strategies in its research practices as well as throughout the litigation process. In the words of attorney Johnson & Johnson attempted to alter asbestos’ definition, despite internal documents dating back to between 1978 and 1994 that showed fibers discovered in the tissues of the plaintiff are part of.
Johnson & Johnson’s uncertain $8.9 billion settlement offer hangs in the balance as we course of this trial. Despite the distinct nature of this mesothelioma-related case and its distinct issues compared to other talcum powder lawsuits ruling in favor of the plaintiff could cause an enormous setback for J&J’s expectations of widespread acceptance of the settlement they have proposed among plaintiffs.
May 31st, 2023 Update: Johnson and Johnson’s bankrupted talc unit has is defending it’s second Chapter 11 filing in the face of challenges from talc injury claimants. In an appeal to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation differed fundamentally from the first filing. It highlighted the extraordinary commitment to $8.9 billion in settlement from J&J as the largest ever settlement in a mass tort bankruptcy case. Class action Johnson. There was no mention of how the magnitude of the settlement implies that it is an equitable settlement. J&J also claimed support from a variety of plaintiffs’ law companies representing over 600,00 claimants. This is hard to verify but is probably incorrect.
May 24 2023 Update: In the wake of Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial concerning its cosmetic talc items allegedly that contain asbestos is scheduled to start jury selection on Monday in California in Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff claims that his mesothelioma resulted from asbestos exposure through J&J’s products, an allegation the company denies. The trial also includes six retailers accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers involved in the second J&J talc bankruptcy are now disputing who should be appointed to the position of future claims representative, an important role critical to resolving talc claims. Class action Johnson. Randi Ellis, a lawyer who regularly appears in MDLs throughout the country was appointed as the claims representative in the first bankruptcy. J&J’s defense team would like Ellis to be appointed in that position yet again, but the lawyers for the talc plaintiffs are protesting to the claim that Ellis has conflicts of interest that should prevent her from assuming that position in the future. The conflict stems from the possibility that Ellis was apparently involved in drafting the controversially disputable second bankruptcy, which raises questions regarding her capacity to remain neutral. In reality, the bankruptcy will be dismissed in the end.
May 17, 2023 Update The fake company J&J created for the talc litigation bankruptcy informed the New Jersey bankruptcy court that they have allocated $400 million to pay the claims brought by states accusing the company of deceptive advertising for its talc-based products. Class action Johnson. So that makes it an $8.5 billion settlement to cancer victims. It’s difficult to imagine any scenario in which J&J can get the baby powder settlements in these figures. While J&J’s $8.5 billion offer may seem like a lot of money initially, it will not look good when you look at the numbers. This settlement offer based on our estimates – will not provide victims with much more than a median settlement of $100,000 per instance. That’s not enough.
May 15 2023 Update J&J might be facing lawsuit by an advocacy group that represents cancer patients. Class action Johnson. The group claims J&J intentionally canceled a $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and to validate the company’s Chapter 11 bankruptcy filing. The group asserts this action could be interpreted as a fraudulent transfer of the rights of compensation for victims. They intend to investigate J&J’s actions following of the dismissal of LTL’s first bankruptcy case.
May 10 2023 Update: The following week this week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to reject the second bankruptcy filing by J&J company LTL Management. However, in the meantime, this bankruptcy court has issued an order requiring both sides to take part in a second settlement mediation hoping that it will be possible to reach a global settlement agreement been reached.
May 5 2023 Update: The talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Class action Johnson. More than 2700 people have filed lawsuits against the firm and the company was paying $1 million per month on legal defense. The company’s most recent $29 million verdict at the Supreme Court of South Carolina forced it to file for bankruptcy protection, arguing for an equitable distribution of assets to talc claimants, rather than being confiscated by the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of litigation.
May 4 2023, Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to resume talks on settlement with lawyers who rejected Johnson & Johnson’s $8.9 billion deal. In Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps for another bankruptcy proceeding. Judge Kaplan was pushing for more settlement discussions.
This is the solution to settle these claims for J&J. A baby powder settlement can be achieved. Class action Johnson. But it’ll need additional money – perhaps billions of dollars by Johnson & Johnson.
Lawyers have a split opinion on whether or not to agree with the proposal and not all clients view the issue in the same manner their lawyer sees it. The second bankruptcy case is destined to be a failure and Judge Kaplan has scheduled 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 who have sued Johnson & Johnson (J&J) demanded that J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation involving talc products. The group representing the claimants has filed a motion this week asking that the Third Circuit to consider their case and then send it back to a lower court, with instructions to discharge the bankruptcy. Class action Johnson. The committee also requested that the lawsuit against the halted torts of J&J allow the litigation to proceed.
LTL filed for Chapter 11 protection once again after its bankruptcy filing was denied by the Third Circuit earlier this year which offered a $8.9 billion settlement. The committee says that the recent ruling which allowed LTL’s third Chapter 11 to continue, and also stopping trials against J&J is a reason for immediate Third Circuit review. The US Trustee also requested that an New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation Erik Haas, was quoted by Bloomberg as saying that J&J plans to file a statement to the appeals court saying that the filing is an “desperate and legally inadequate plan” by a select group of law firms who have different financial interests.
May 1 2023 Update: One question people keep asking is how plaintiffs and their lawyers turn around $8.9 billion. Of course, that’s an immense amount of money. There are a lot of victims. Class action Johnson. And these are really good cases for plaintiffs. We were reminded of this recently when two talc cases ended in large verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon led to an award in the amount of $18.1 million. A month later, another mesothelioma trial involving talc was held for hearing on the other side of South Carolina and resulted in an award of $29 million on behalf of the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. one of the largest suppliers of talc in the U.S.
April 30th 2023 Update: In the year 2023, when J&J initially tried to take the talcum powder litigation into bankruptcy, it did so with the option of putting aside $2 billion to settle the case. This was an absurdly low amount. There was no one among the talc victims who believed in it. This time around, however, J&J has increased the offer to $8.9 if the talc plaintiffs will allow a bankruptcy settlement and also has the support of a substantial part of the talc-related plaintiffs as well as their lawyers. Class action Johnson. But with 75% of plaintiffs in the talc category, which is necessary for bankruptcy plan approval is a difficult road because of the number of lawyers who have huge inventories of baby powder lawsuits opposed in favor of the deal.
What are the solutions to the impasse? More billions.
April 25, 2023 Update Talc plaintiffs have sought a court order to disqualify their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Class action Johnson. It was the 3rd Circuit dismissed its first Chapter 11 case in January The court ruled that LTL was not eligible for bankruptcy relief as it was unable to demonstrate financial distress.
The claimants contend that LTL’s 2nd Chapter 11 case is an abuse of the bankruptcy system and that it is being pursued in bad good faith. J&J says the bankruptcy settlement is backed by “significant support” from companies representing an estimated 60,000 plaintiffs. It is fair to say that lawyers representing plaintiffs and the victims are split over their disagreement over the $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits alleging that the firm sold a baby powder that contained a chemical that causes cancer. Although trials for talc lawsuits are paused for at least 60 days and new lawsuits are able to be filed, and lawyers will begin preparing their cases. Class action Johnson. The judge expressed his doubts about J&J’s ridiculous effort to revive its strategy with the second bankruptcy case.
April 13, 2023: Update on the biggest update is about the $8.9 billion over the next 25 years of settlement. Lawyers representing cancer patients involved in the MDL collective action vowed to fight the settlement alongside talc claimants. Why? They believe it’s too little money for the 70 000 cancer patients. Class action Johnson. These lawyers argue that J&J should seek a bigger settlement or even litigate individual claims if the latest bankruptcy is thrown out.
But there is another group of lawyers outside of the leadership group in group action. These lawyers have collectively amassed many thousands of cases. They want to settle the case now in what many believe to be less than these victims deserve. Their argument seems to be twofold. First, they argue the settlement – which amounts to 100 million dollars on average per plaintiff – is fair.
That is a hard argument to present. The second argument is more force: the victims can not afford to wait any longer and need their money today.
April 12 2023 Update: People are seeking out how J&J could file for bankruptcy again. The answer is complex and complicated. However, let’s attempt to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future talc litigations in a definitive manner. In other words, it thinks it will pay less in the event of an element of bankruptcy that puts pressure to settle. Class action Johnson. In a quest to cover more than 400 years in American past, the company asserts that bankruptcy benefits everyone by dispersing settlements more fairly and effectively than trial courts which are where litigants get significant settlements while others get nothing.
The gist of this 3rd Circuit decision was this is not a case – a profitable company making an entity to assume the legal responsibility and declare bankruptcy Congress thought of when drafting its Bankruptcy Code. But it also said that the entity was financially crisis due to the fact that J&J promised unlimited funding.
Thus, J&J decided to go with the unlimited funding part of the contract but did not pledge to fund unlimited litigation. The company claims that its new financing agreements with its subsidiary address appeals court’s concerns, while offering funds to pay claims. As if offering victims lower amounts of money would resolve the overall issue.
Lawyers representing cancer victims who do not agree with the agreement counter this argument by saying that it is a defense against legal nonsense by pointing out legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s decision. Hyperbole was not spared attorneys representing the victims claim it the largest “fraudulent transaction of assets in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really believe that this bankruptcy will last. It is however a method of trying to push this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10 2023 update: Bloomberg provides an insightful article on a new law within New Jersey that is shedding new light on litigation funding in the plaintiffs in the class action. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) over talc products in exchange for a share of any settlements. J&J is now offering to pay $8.9 billion to settle any lawsuits.
The involvement of funders is public information because of an New Jersey court rule requiring the release of certain details about funders outside the state. The law is designed to respond to the increasing calls for the regulation of litigation funders. J&J is facing more than 60,000 claims when you add up state and federal baby powder lawsuits. Third-party funding for mass tort lawsuits has its pros and cons. There is no doubt that we are witnessing how third-party financing can help level the playing field between individual and big companies in court.
April 4 2023 Update: It’s interesting to watch the worm turn in this lawsuit. J&J took another hit this week when the Third Circuit denied J&J’s request to extend the automatic stay while J&J appeals a bankruptcy ruling in the U.S. Supreme Court. The automatic stay has halted hundreds of cases involving talcum powder and prevented new lawsuits from being filed ever since J&J began the controversial plan to spin talc-related liabilities into a bankrupt entity over a year back. Class action Johnson. When the 3rd Circuit ruled that this bankruptcy was not legal just a few months ago the stay was lifted. J&J wanted to see it continued pending the SCOTUS appeal. However, 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 likelihood that is that the Supreme Court is willing even to take up the appeal? Low.
March 16 2023 Update: With the bankruptcy stay now in effect, the first new cases have been filed and transferred into the Talcum Powder class action MDL in just over a year. Seven new talc lawsuits were included in the MDL in the past month increasing the number of cases that are pending to 37,522.
February 25, 2023 Update The following information is available: A Congressmen from Tennessee is now calling for The U.S. Government Accountability Office (GAO) initiate an investigation into the amount J&J talc products have cost the government in the years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of ignoring the dangers of its talc-based products for long while tax dollars 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.
Class action Johnson. J&J needs to start making fair settlement offers to victims to to put all of this behind it. It is a stain on one of the greatest businesses.
February 14 2023 Update: At a hearing today 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 Class action Johnson. 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!