You May be Entitled to Significant Compensation Is talc bad for you. 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 be worth the sum of $400 million US state AGs. Is Talc Bad For You .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of a broad $8.9 billion settlement of claims that its Baby Powder and other talc products cause cancer. Is talc bad for you.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company will pay various types of cancer victims as part of bankruptcy settlement. Is talc bad for you. J&J has stated that its products containing talc are safe and do not cause cancer. It’s trying for another time to settle more than 38,000 lawsuits in bankruptcy and stop new cases from coming forward in the near future.
LTL’s bankruptcy plan would pay $400 million into a separate trust for claims filed in state courts by attorneys general alleging that J&J violated state unfair business practices as well as consumer protection laws by misleading consumers about the dangers of its talc products.
Some states had started consumer protection cases against J&J before LTL’s first bankruptcy filing prevented those investigations from moving forward in 2021. Is talc bad for you. New Mexico and Mississippi had already filed suits in the past against Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court papers.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy, joining cancer victims as well as those affected by cancer and the U.S. Justice Department’s watchdog on bankruptcy, who argue that a profit-making company such as J&J cannot benefit from bankruptcy protections intended for people with debt problems.
The company’s initial attempt to resolve the bankruptcy cases was thrown out after similar arguments. A U.S. appeals court decided the LTL wasn’t in “financial distress” and therefore not eligible of bankruptcy protection. Is talc bad for you. LTL filed a second bankruptcy less than two hours after the decision to dismiss, arguing that the second bankruptcy was different as there was less money available and more support for the settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s latest bankruptcy violation of state law enforcement powers by seeking to unilaterally limit the liability of the company for state consumer protection laws.
Is Talc Bad For You
The filings of LTL’s latest bankruptcy proceedings also include more details on how the company plans to evaluate and settle cancer claims when the bankruptcy plan is approved.
The most significant payments under the settlement will be $500,000 for those diagnosed with mesothelioma that is terminal before the age of 45, and $260,000 for those who have been diagnosed with advanced ovarian cancer prior to age 45.
The proposed settlement provides discounts based on the kind and severity of cancer, an individual’s age, previous usage of talc and other variables. Is talc bad for you. For example an individual who was using talc products on a weekly basis, who had the family history of ovarian cancer, and was diagnosed with Stage II cancer of the ovary when she was 55 could be in line for a $21,125 payment under the program.
Judge decides J&J and talc oppositionists to engage in settlement talks.
Following another round of hearings in Johnson & Johnson’s attempt to implement a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company and those opposing the plan to enter into settlement talks, Bloomberg reports.
With its second bankruptcy attempt for LTL Management–a subsidiary established by J&J to handle the claims company made a settlement offer of $8.9 billion. Is talc bad for you. While a group of law firms representing plaintiffs support the offer, another group opposes the deal.
In the last week, an opposition group, called”the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss this case argument that LTL is not considered to be financially distressed.
“The filing is a desperate and legally ineffective attempt by a small number of law firms to prevent claimants from voting on the resolution plan, a plan the vast and growing majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Is talc bad for you. “The law firms behind their filing are financially oriented and have conflicts that conflict with, differ from and are in opposition to the interests which their clientele. We’ll submit an answer before the court of appeals.”
Is talc bad for you. Clay Thompson, a lawyer for MRHFM who is home to more than patients with mesothelioma who have sued J&J claimed that J&J’s second bankruptcy effort is likely to fail.
“J&J publishes press release about how great its plan is, while insisting that the plan’s details, including what individuals with illnesses would be treated to,” Thompson said in an announcement. “What do J&J have to cover up?”
Kaplan has commanded the parties to devise a second arrangement plan under supervision and supervision of mediators.
On February 20, 2022 Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that would relieve the company from the tens of thousands of claims concerning its talcum products.
However, in January of this year a federal appeals court ruled against the ruling, ruling that the company could not be considered in “financial distress.”
In the event that J&J’s request to make an appeal before the U.S. Supreme Court was dismissed the same month, J&J applied for its first bankruptcy just two hours later. In response, Kaplan froze the lawsuits for 60 calendar days to decide whether to grant another bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B cost of litigation involving talc.
Through two Chapter 11 attempts, J&J has been able to buy 19 months in which cases were put suspended. Is talc bad for you. The company is requesting that claimants accept their settlement. J&J would need 75% acceptance in order for the agreement to be accepted.
In addition to the group of talc lawyers that criticized LTL’s bankruptcy plan and the U.S. Trustee is an arm belonging to the U.S. Department of Justice, also filed an appeal to dismiss LTL’s bankruptcy second case.
In a filing this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest but unfortunate debtors.” These doors “are not available to anyone that don’t have a legitimate bankruptcy purpose or that seek to use bankruptcy to delay or hinder their creditors.” Vara continued.
In its own words, J&J maintains there is no proof conclusive that their talc products, including its popular baby powder can cause cancer. J&J has been taking the products of the market, first to be available in North America in 2020–and the rest of the world later this year.
J&J intends to steer clear of the cost of going to court. J&J has won the majority of the cases that have been resolved at trial, but certain losses have been punitive.
A well-known trial in Missouri produced a $4.7 billion verdict against the drug maker and was later lowered to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine trial cases in talc which are on appeal or have been decided. Out of 41 trials, 32 of them ended in winning for J&J or a mistrial, or plaintiff verdicts that were reversed in appeal. Is talc bad for you. The company also has announced plans to settle more than 1000 cases for $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc Bad For You
Our lawyers are handling baby powder lawsuits across every state. The talcum powder lawsuits on behalf of Johnson & Johnson have been ongoing for years. Is talc bad for you. The lawsuits contend that the prolonged use of the powder (or “talc”), the active ingredient in many products, including Shower to Shower Powder as well as Shower to Shower as well as other products, may cause ovarian cancer in some women.
This page provides an J&J update on the talc power litigation and examines how the coming bankruptcy ruling will affect the final settlement amounts in these Ovarian Cancer lawsuits.
Is the deadline for you to file a talcum powder lawsuit? Many people who think the statute of limitations has passed to file a lawsuit against Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc Bad For You
June 2, 2023 Update: During the asbestos talc case at the trial in California yesterday, technical issues interrupted the opening speech of defense attorneys. Is talc bad for you. The jurors, attending from their homes via Zoom and hearing the Johnson & Johnson’s lawyer expressing doubt about the science of the 70s asserting the presence of asbestos in their product before the trial was abruptly closed.
The plaintiff had the opportunity to present its first expert witness Arthur Langer. Langer explained that the occurrence of other minerals alongside the talc’s mineral content is inevitable. He said that his team had notified J&J in the year 1971 of the presence of chrysotile asbestos the company’s talc, albeit with less than 0.1 percent. He also found more asbestos in 1976.
June 1, 2023 Update: Is talc bad for you. The first trial since J&J has decided to separate its talc division and declare bankruptcy marks an important moment for the ongoing lawsuit controversy. Trial started on Monday in the heartbreaking trial of a young plaintiff who was diagnosed with a rare and aggressive form of mesothelioma earlier this year. a diagnosis lawyers on both sides acknowledge is a tragedy of a different kind.
Opening statements laid bare stark differences in each side’s story. The attorney for the plaintiff took aim against Johnson & Johnson, alleging the use of deceitful techniques in its research practices and throughout the litigation procedure. According to the attorney the company tried to manipulate the definition of asbestos in spite of internal documents from between 1978 and 1994 that showed asbestos fibers that were found in the plaintiff’s tissue are included.
Johnson & Johnson’s uncertain $8.9 billion settlement deal hangs in the balance with the course of this trial. Despite the unique nature of this mesothelioma case and the unique issues it faces compared to other talcum powder lawsuits, a verdict favoring the plaintiff could inflict the company with a major setback in its hope of gaining broad acceptance for the settlement they have proposed among plaintiffs.
May 31, 2023: Update from Johnson and Johnson’s bankrupt talc division is defending their Second Chapter 11 filing in the face of challenges from victims of talc injuries. In an appeal to the New Jersey bankruptcy court, it argued that the situation was vastly different from the prior filing. It emphasized the unprecedented commitment to $8.9 billion by J&J as the largest settlement ever in a mass tort bankruptcy case. Is talc bad for you. It was not mentioned how the amount of the settlement indicates that it is an equitable settlement. J&J also claimed that it received support from a variety of plaintiffs’ law firms representing more than 60,000 claimants. This is hard to verify but is probably incorrect.
May 24 2023 Update: Following Johnson &J Johnson’s bankruptcy filing, the very first trial regarding its cosmetic talc products that are believed to containing asbestos is set to start jury selection Monday, May 24, California within the Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff claims his mesothelioma was caused by asbestos exposure resulting from J&J’s products, an allegation the company has denied. The trial also includes six retailers who are accused of selling talc-containing products.
May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are disputing who should be chosen to fill the post of the claims representative in the future, which is vitally important to resolving the claims involving talc. Is talc bad for you. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation was appointed the claims representative in the initial bankruptcy. J&J’s defense team wants Ellis to be named to the position again, but lawyers for the plaintiffs in talc are arguing on the grounds that Ellis has a conflict of interest that should prevent her from being appointed to that post again. The dispute stems from fact that Ellis was reportedly involved in drafting the controversially contesting second bankruptcy, which raises doubts regarding her capacity to remain neutral. However, the reality is that the bankruptcy will be dismissed in the end.
May 17, 2023 Update The fake company J&J put together to settle the talc litigation bankruptcy has informed the New Jersey bankruptcy court that they have designated $400 million as a settlement for claims of states that accuse the company of deceitful advertising for its talc-based products. Is talc bad for you. This amounts to an $8.5 billion settlement for cancer victims. It’s difficult to imagine a scenario where J&J can push the baby powder settlements given these numbers. While J&J’s $8.5 billion offer sounds like a large sum at first, it does not look good when you consider the math. This settlement proposal – by our estimates – will not provide victims with much more than a median settlement of $100,000 per case. This isn’t enough.
May 15th, 2023, Update J&J could be facing lawsuit from an advocacy group that represents cancer patients. Is talc bad for you. The group contends that J&J intentionally withdrew a $61.5 billion financing agreement together with its parent company, LTL Management LLC, to simulate financial stress and to validate the company’s Chapter 11 bankruptcy filing. The group claims this decision is a fraud transfer of victims’ compensation rights. They intend to investigate J&J’s actions after the announcement of the denial of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: The following week next week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy petition filed from J&J subsidiary LTL Management. However, in the meantime, LTL Management has filed an order requiring both sides to participate in a new settlement mediation hoping that a global settlement deal can been reached.
May 5, 2023 Update: The talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Is talc bad for you. Over 2,700 people have sued the firm and it has been paying $1 million per month for legal defense. The company’s most recent $29 million settlement at the Supreme Court of South Carolina forced it to pursue bankruptcy protection, and arguing for a fair distribution of assets between the claimants of talc instead of being confiscated through the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of litigation.
May 4 2023 Update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen negotiations with lawyers who turned down the proposed $8.9 billion deal. It was in Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps for their second bankruptcy matter. Judge Kaplan encouraged further settlement talks.
This is the best way to settle these claims with J&J. A settlement for baby powder can get done. Is talc bad for you. However, it’ll require more money – more billions of dollars – from Johnson & Johnson.
Lawyers have a split opinion on whether to accept the proposal and not all clients view this issue the same way their attorney does. Second bankruptcy cases are likely to go nowhere and Judge Kaplan has scheduled a hearing for June to determine whether to discharge the bankruptcy for the 2nd time.
May 3 2023 Update: A group representing cancer patients suing 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 a bid to stop litigation regarding talc-related products. The group representing claimants for talc filed a motion on Tuesday asking the Third Circuit to consider their appeal and return the case an earlier court, with instructions to dismiss the bankruptcy. Is talc bad for you. The committee also requested that the lawsuit against the halted torts of J&J continue to continue.
LTL requested Chapter 11 protection once again after its bankruptcy filing was rejected in the Third Circuit earlier this year with a $8.9 billion payment. The committee believes that the recent ruling, which allows the second Chapter 11 to continue, as well as halting the trials against J&J is a reason for immediate Third Circuit review. The US Trustee has also requested be the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation Erik Haas, was quoted by Bloomberg saying that J&J plans to file a formal response in the appeals court declaring the filing an “desperate and legally flawed plan” by a handful of law firms who have conflicting financial interests.
May 1 2023 Update: A most frequently asked question is how plaintiffs and their attorneys turn around $8.9 billion. Of course, that’s a lot of money. However, there are lots of victims. Is talc bad for you. These are actually a good claims for plaintiffs. We have been reminded of this recently when two talc cases resulted in big verdicts for the plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon was settled with an award that was $18.1 million. The following month, a second mesothelioma-related talc case went to hearing on the other side of 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. One of the largest producers of talc in the U.S.
April 30th 2023 Update: In the year 2023, when J&J first attempted to drag the talcum powder lawsuit into bankruptcy, they came with an offer to reserve $2 billion to settle the case. The sum was ridiculously low. All of the talc plaintiffs agreed with the proposal. This time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they are willing to accept bankruptcy settlements and also has the backing of a significant segment of the talc plaintiffs as well as their lawyers. Is talc bad for you. But with 75% of plaintiffs who are a talc, which is required for bankruptcy plan approval is a difficult road with so many lawyers with vast collections of baby powder lawsuits that are opposed in favor of the deal.
What are the solutions to the impasse? More billions.
April 25 2023 Update Talc cancer claimants have demanded a judge disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Is talc bad for you. 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 because it was unable to demonstrate financial difficulties.
The plaintiffs argue that the third Chapter 11 case is an overreach of the bankruptcy system, and that it’s being conducted in bad good faith. J&J asserts that the bankruptcy settlement is backed by “significant support” from companies representing about 60,000 potential claimants. It is fair to say that plaintiffs’ lawyers and victims ‘ lawyers are divided on their disagreement over the $8.9 billion offer for settlement.
April 21st, 2023 Update: A bankruptcy judge has ruled that Johnson & Johnson must face new lawsuits claiming that the company sold a baby powder that contained a chemical that causes cancer. Although trials for the lawsuits involving talc are delayed for at least 60 days but new lawsuits can be filed, and lawyers will begin preparing their cases. Is talc bad for you. Judges expressed doubt about J&J’s pathetic attempt to relaunch its strategy in another bankruptcy case.
April 13th 2023 Update: most important update is about the $8.9 billion over the next 25 years settlement offer. Lawyers representing cancer victims involved in MDL class action MDL class action have promised to fight the settlement with those who claim talc. Why? They feel it’s not enough to pay for 70,000 victims who have cancer. Is talc bad for you. These lawyers believe that J&J should seek a bigger settlement or litigate individual claims if the most recent bankruptcy is declared unconstitutional.
But there is another group of lawyers that is not part of the top leadership in the class action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. They want to settle today for what is believed to be less than the victims deserve. Their argument is two-fold. They argue that the settlement, which is about 100,000 dollars per plaintiff – is fair.
That is a hard argument to make. But their second argument has more substance: the victims will be no longer patient and demand their money now.
April 12 2023 Update: Many are wondering if J&J is able to file for bankruptcy once more. The answer is complicated and complex. Let’s try to simplify it clearly.
Johnson & Johnson asserts that bankruptcy is the only method to settle both present and future talc litigations in a definitive manner. It thinks it will pay less if there is a bankruptcy element that creates pressure for a settlement. Is talc bad for you. Going back to the 400-year span of American past, the company believes that bankruptcy is beneficial to all parties by distributing settlement payments more evenly 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 of the profit-making company that has an affiliate to accept the legal burden and declare bankruptcy – Congress considered when it was drafting the Bankruptcy Code. But it also said it was not financially distress due to the fact that J&J promises unlimited funding.
Thus, J&J jumped on the unlimited funding part of the holding but did not pledge to provide unlimited funding for cases. The company claims that modified financing arrangements with its subsidiary will address concerns of the appellate court, while providing funds for claims. It’s as if giving victims lower amounts of money would resolve the underlying issue.
Attorneys representing cancer victims who oppose the deal counter this by arguing that the plaintiff is a defense against legal nonsense by pointing out legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole was not spared attorneys representing the victims claim this the biggest “fraudulent deal in United States history.”
Despite all the legal jargon, J&J does not really think this bankruptcy will survive. It is however a method to push for this $8.9 billion settlement through and maintain pressure on plaintiffs.
April 10 2023 update: Bloomberg is running an intriguing article on a new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the baby powder plaintiffs in the class action. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) regarding talc products, in exchange in exchange for a portion of settlements. J&J is now offering that it will pay $8.9 billion to settle lawsuits.
The funders’ involvement is public knowledge due to a New Jersey court rule requiring the disclosure of certain information about outside funding backers. The rules aim to address the rising calls for regulation of the litigation funders. J&J has to deal with more than 60,000 lawsuits when you combine federal and state child powder-related lawsuits. Third-party financing in mass tort cases is not without its pros and cons. However, there is no doubt that we are seeing how third-party funding can level the playing field for individuals as well as large corporations in the courtroom.
April 4, 2023 Update: It’s pleasing to see the worm turning in this litigation. J&J has taken another blow this week when it was found that the Third Circuit denied J&J’s request to extend the automatic stay in the meantime that J&J appeals an appeal at the U.S. Supreme Court. Automatic stays have halted thousands of talcum powder cases and prevented new lawsuits from being filed ever since J&J began the controversial plan to spin the talc liabilities off into a bankrupt subsidiary over one year ago. Is talc bad for you. When it was decided that the 3rd Circuit ruled that this bankruptcy was not valid a few months ago, the stay was removed. J&J had hoped to have it stayed in place until hearing the SCOTUS appeal. But, 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 of the Supreme Court is willing even to hear the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay now officially lifted, the first new cases have been filed and transferred into the class action involving talcum powder MDL in the space of a year. Seven new talc lawsuits have been included in the MDL during the month of March which brings the total number of cases pending to 37,522.
February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now demanding that be the U.S. Government Accountability Office (GAO) launch an investigation into how much J&J product containing talc has cost the government in the many years.
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 ignoring the dangers of its talc products for many years, while tax dollars were spent on treating people who suffered injuries from exposure to the products. This lawsuit comes a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Is talc bad for you. J&J needs to start making reasonable settlement offers to victims to to put all of this behind it. This is a disgrace to one of the most prestigious firms.
February 14 2023 Update: At the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Is talc bad for you. 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!