You May be Entitled to Significant Compensation Is talc-free baby powder 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 with talc would make payments of $400 million to US state AGs. Is Talc-Free Baby Powder Safe .
Johnson & Johnson (JNJ.N) has set aside $400 million to address U.S. state consumer protection actions as part of its wider $8.9 billion deal to settle claims that its Baby Powder as well as other talc products cause cancer. Is talc-free baby powder safe.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company plans to pay different kinds of cancer sufferers in a bankruptcy settlement. Is talc-free baby powder safe. J&J has claimed that its products containing talc are safe and will not cause cancer. J&J is seeking the second time to end more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from being filed in the near future.
The bankruptcy plan of LTL would pay $400 million to an additional trust to settle lawsuits filed from state attorney generals claiming that J&J was in violation of the state’s unfair commercial practices and consumer protection laws by misleading consumers about the safety of its talc products.
Several states had begun consumer protection lawsuits against J&J prior to the first bankruptcy filing stopped those investigations from moving forward in 2021. Is talc-free baby powder safe. 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 subpoenas or demands according to court papers.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy, joining cancer victims and the U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making firm like J&J does not qualify for bankruptcy protections aimed at the struggling debtors.
The first attempt by LTL to resolve the bankruptcy cases was dismissed after similar arguments, when a U.S. appellate court ruled the LTL had not been in “financial trouble” and ineligible under bankruptcy law. Is talc-free baby powder safe. LTL made a new bankruptcy application in just two hours following the dismissal, saying that the second bankruptcy was different as there was less money available and had a greater chance of securing a settlement.
New Mexico and Mississippi said in their motion to dismiss LTL’s renewed bankruptcy violates the state’s law enforcement authority by seeking to unilaterally limit the company’s liability for state consumer protection measures.
Is Talc-Free Baby Powder Safe
The filings of LTL’s latest bankruptcy proceedings also include more details on the way in which the company will evaluate and pay cancer claims when the bankruptcy plan is approved.
The largest amount of money under the settlement will be $500,000 to those diagnosed with mesothelioma terminal prior to age 45. Is talc-free baby powder safe. The second payment would be $260,000 for those who have been diagnosed with terminal ovarian cancer before age 45.
The proposed settlement offers discounts based on the severity and type of cancer, the patient’s years of age, their history of usage of talc and other variables. Is talc-free baby powder safe. For instance someone who regularly used talc products on a weekly basis, who had an ovarian cancer family history, cancer, and was diagnosed with an ovarian cancer stage II at age 55 may qualify for a $21,125 payment under the settlement plan.
Judge gives order to J&J and talc opponents to take part in settlement talks.
Following another round of hearings in Johnson and Johnson’s efforts to implement a Texas Two-Step bankruptcy strategy to resolve 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 established by J&J to handle the claims company made a settlement offer of $8.9 billion. Is talc-free baby powder safe. While one group of law firms representing plaintiffs support the settlement, a different group is opposed to the offer.
The previous week, the opposition group, called the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss the case by argument that LTL can not be considered to be in financial trouble.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to try to stop claimants from deciding on the resolution plan–a plan that the overwhelming majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Is talc-free baby powder safe. “The law firms that are behind the filing are pursuing financial interests which clash with, contradict and infringe on the rights they represent. We’ll soon submit an answer in the appeals court.”
Is talc-free baby powder safe. Clay Thompson, a lawyer for MRHFM which is home to more than mesothelioma clients who have filed lawsuits against J&J, said that J&J’s second bankruptcy attempt is likely to fail.
“J&J issues press releases about how wonderful its plan is while simultaneously requesting that details of the plan, such as what individuals with illnesses would be treated to,” Thompson said in an announcement. “What is J&J’s plan to cover up?”
Kaplan has instructed both sides to come up with another restructuring plan, with the oversight of two mediators.
As of February 2022 Kaplan confirmed J&J’s recourse to Chapter 11 to hasten a settlement that would free the company from the hundreds of thousands of claims regarding its talcum products.
In January of this year an appeals court in the United States overturned the ruling, ruling that the business could not be considered to be in “financial distress.”
When J&J’s attempt to make an appeal before the U.S. Supreme Court was denied at the end of April J&J declared bankruptcy just two hours later. In response to that move, Kaplan froze the lawsuits for 60 days to decide whether to allow to file for bankruptcy again.
J&J’s unstoppable profit engine sputters after $6.9B the talc litigation cost.
Through two Chapter 11 attempts, J&J has gotten 19 months of which cases have been on hold. Is talc-free baby powder safe. The company wants claimants to take a vote to accept their settlement. J&J requires 75% support for the deal to go through.
In addition to the gang of talc lawyers who panned the company’s bankruptcy play and 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 statement this week, 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 objective or seek to use bankruptcy to hinder or delay 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 for North America in 2020–and the rest of the world later this year.
J&J is determined to stay clear of the expense of going to court. It has won most of the cases that were decided through trial, though certain losses have been extremely punitive.
A highly publicized trial in Missouri produced a $4.7 billion judgment against the drug manufacturer but was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine talc trials that are either in appeal or resolved. Out of 41 trials 32 of them ended in an outcome for J&J or a mistrial, or verdict of a plaintiff annulled after appeal. Is talc-free baby powder safe. In addition, J&J in 2020 moved to settle nearly 1000 cases at a cost of $100 million, Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc-Free Baby Powder Safe
Our lawyers handle baby powder lawsuits across all 50 states. The talcum powder lawsuits on behalf of Johnson & Johnson have been going on for a long time. Is talc-free baby powder safe. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient found in products such as Baby Powder as well as Shower to Shower which can cause cancer of the ovary in certain women.
This page provides a J&J Talc Power Update and explains how the forthcoming bankruptcy ruling will affect the final settlement amount of the cases of ovarian cancer.
Is the deadline for you to make a claim for talcum powder? Many who assume the time limit has expired to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a free and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc-Free Baby Powder Safe
June 2 2023 Update: During the asbestos talc trial in California yesterday, a couple of technical issues halted the opening statement by the defense attorneys. Is talc-free baby powder safe. Jurors watching at home via Zoom and hearing the Johnson & Johnson’s lawyer expressing doubt about the science of the 70s that claimed asbestos was present in their product prior to the session abruptly ended.
Meanwhile, the plaintiff had the opportunity to introduce its first expert witness Arthur Langer. Langer said that the presence of other minerals with the talc’s mineral content is inevitable. He said that his team informed J&J in the year 1971 of the presence of chrysotile asbestos within the company’s talc, albeit in lower than 0.1 percent. He also discovered more asbestos in 1976.
June 1, 2023 Update: Is talc-free baby powder safe. The first trial since J&J took the decision to disband its talc segment and file for bankruptcy marks an important point in the ongoing talc lawsuit drama. The trial began on Tuesday in the harrowing case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma last year, a diagnosis lawyers on both sides acknowledge is a grave tragedy.
Opening statements revealed the stark differences in each side’s narrative. The attorney representing the plaintiff aimed his ire against Johnson & Johnson, alleging the use of deceptive methods in their research practices as well as throughout the litigation process. According to the attorney the company tried to manipulate asbestos’ definition, despite internal documents from 1978 and 1994 showing that fibers discovered in the plaintiff’s tissue are included.
Johnson &J’s highly uncertain $8.9 billion settlement offer hangs in the balance with the development of the trial. Despite the distinct nature of this mesothelioma lawsuit and its unique challenges compared to most talcum powder lawsuits and a decision in favor of the plaintiff could result in a serious setback to J&J’s hope of gaining broad acceptance for their settlement proposal among plaintiffs.
May 31st 2023: Update from Johnson and Johnson’s bankrupt talc unit strongly defended their second Chapter 11 filing in the facing challenges from victims of talc injuries. In an appeal to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation differed fundamentally from the previous filing. It highlighted the extraordinary commitment of $8.9 billion in settlement from J&J, the largest settlement ever made in an bankruptcy case involving mass torts. Is talc-free baby powder safe. There was no mention of how the size of the settlement implies that it is a fair settlement. J&J also claimed support from several plaintiffs’ legal firms representing more than the 60,000 plaintiffs. This is difficult to verify but likely incorrect.
May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the very first trial regarding its cosmetic talc products allegedly with asbestos content is scheduled to start jury selection Monday, California within the Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff asserts that his mesothelioma resulted from asbestos exposure resulting from J&J’s products, an allegation J&J is denying. The trial also involves six retailers accused of selling talc products.
May 22nd, 2023 Update: Lawyers in the 2nd J&J Talc bankruptcy are battling over who should be appointed to the position of the future claims representative, which is vitally essential in resolving the claims involving talc. Is talc-free baby powder safe. Randi Ellis, a lawyer who is frequently involved in MDLs all over the nation was appointed as the claims representative during the first bankruptcy. J&J’s defense attorneys want Ellis to be appointed in that position and again, but attorneys for the talc plaintiffs have raised objections on the grounds that Ellis has an interest conflict which would prohibit her from holding that position again. The dispute stems from issue that Ellis was involved in drafting the hotly contested second bankruptcy, which raises questions regarding her capacity to remain neutral. It’s true that this bankruptcy is likely to be dismissed regardless.
May 17, 2023 Update: The pretend company J&J made up for the talc litigation bankruptcy disclosed to the New Jersey bankruptcy court that they have set aside $400 million to pay the claims of states that accuse the company of deceptive advertising for its talc product. Is talc-free baby powder safe. 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 baby powder settlements through given these numbers. While J&J’s proposed $8.5 billion offer might seem like a lot initially, it may not look good when you do the math. The proposed settlement based on our rough calculations, would not provide victims with much more than a median settlement of $100,000 per case. That’s not enough.
May 15th 2023 update: J&J may be in the middle of a lawsuit brought by an advocacy group that represents cancer patients. Is talc-free baby powder safe. The group contends that J&J intentionally canceled the $61.5 billion financing agreement that it had with its company subsidiary LTL Management LLC, to simulate financial stress and to validate the company’s Chapter 11 bankruptcy filing. The group argues that this act is a fraud transfer of the rights of victims’ compensation. They are planning to study J&J’s actions in the wake of the dismissal of LTL’s first bankruptcy suit.
May 10 2023 Update: Next week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy petition filed from J&J subsidiaries LTL Management. In the meantime the bankruptcy has issued an order that requires both parties to take part in a settlement mediation with the hopes of achieving it will be possible to reach a global settlement agreement been reached.
May 5th 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer through asbestos exposure. Is talc-free baby powder safe. Over 2,700 people have sued the company and it is spending $1 million a month to defend its legal position. The company’s latest $29 million settlement that was handed down in South Carolina forced it to file for bankruptcy protection, arguing for a fair distribution of assets between the claimants of talc instead of being confiscated from the receiver. Other suppliers of talc have filed for bankruptcy due to litigation.
May 4 2023 update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to resume settlement discussions with lawyers who rejected Johnson & Johnson’s $8.9 billion deal. At Trenton, New Jersey yesterday the parties gathered in court to discuss next steps to take in their second bankruptcy matter. Judge Kaplan was pushing for more settlement discussions.
This is the answer to resolve these claims for J&J. The baby powder settlement is likely to be achieved. Is talc-free baby powder safe. However, it’ll require more money – more billions of dollars from Johnson & Johnson.
Lawyers are divided on whether to accept the proposal and not all clients see the situation the same way their lawyer does. Second bankruptcy cases are bound to go nowhere and Judge Kaplan has scheduled a hearing for June to determine if she will remove the bankruptcy after the second.
May 3 2023 Update The group of cancer victims suing Johnson & Johnson (J&J) asked that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation surrounding talc-based products. The group representing claimants for talc has filed a motion this week, asking that the Third Circuit to consider their case and send it back to a lower court with instructions to discharge the bankruptcy. Is talc-free baby powder safe. They also asked that the halted tort litigation against J&J allow the litigation to continue.
LTL has filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied by the Third Circuit earlier this year, offering a $8.9 billion payment. The committee says that the recent ruling which allowed LTL’s third Chapter 11 to continue, and also stopping trials against J&J should be subject to the immediate Third Circuit review. The US Trustee also asked that 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 as saying that J&J plans to file a formal response to the appeals court saying that the filing is a “desperate and legally deficient attempt” by a select group of law firms that have conflicting financial interests.
May 1st 2023 Update: One question people keep asking is how plaintiffs and their lawyers turn off $8.9 billion. Of course, that is a lot of money. But there are plenty of victims. Is talc-free baby powder safe. These are an excellent claims for plaintiffs. We were reminded of this recently in two talc trials which resulted in big verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon resulted in an award that was $18.1 million. In the same month, a different mesothelioma talc case was brought to trial on the other side of South Carolina and resulted in the verdict of $29 million for the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. which is one of the most prominent suppliers of talc within the U.S.
April 30 2023 Update: In the year 2023, when J&J initially attempted to pull the talcum powder litigation into bankruptcy, it was met with the option of putting aside $2 billion for settlements. This was an absurdly low amount. There was no one among the talc victims who 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 substantial part of the talc-related plaintiffs as well as their lawyers. Is talc-free baby powder safe. But with 75% of plaintiffs in the talc category, which is needed for approval of the bankruptcy plan It’s a long and difficult process because of the number of lawyers who have massive collections of baby powder lawsuits opposed to the settlement.
What could solve the impasse? More billions.
April 25 2023, Update Talc Cancer victims have demanded a judge dismiss their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially strained. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Is talc-free baby powder safe. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not eligible for bankruptcy relief since it did not show financial distress.
The claimants argue that the 2nd Chapter 11 case is an abuse of the bankruptcy system and that it’s being pursued in bad good faith. J&J states that the bankruptcy settlement receives “significant support” from firms representing around 60,000 claimants. It is fair to say that lawyers representing plaintiffs and victims are divided over their disagreement over the $8.9 billion amount of settlement offered.
April 21st, 2023 Update: A bankruptcy judge has ruled in favor of Johnson & Johnson must face new lawsuits claiming that the company sold tainted baby powder causing cancer. While trials in the lawsuits involving talc are delayed for a minimum period of 60 days but new lawsuits can be filed and lawyers are able to begin preparing their cases. Is talc-free baby powder safe. Judges expressed skepticism about J&J’s ridiculous effort to revive its plan with a second bankruptcy case.
April 13th 2023 Update: The biggest announcement is an $8.9 billion over the course of 25 years settlement offer. Lawyers representing cancer victims who are part of the MDL class action have vowed to challenge the settlement talc claimants. Why? They argue that it’s not enough to pay for 70 000 cancer patients. Is talc-free baby powder safe. These lawyers argue that J&J could negotiate a greater settlement or litigate individuals’ claims if the current bankruptcy is thrown out.
However, there is a second group of lawyers outside of the leadership of that class action. The lawyers collectively have accumulated many thousands of cases. The group is seeking to settle the case now with what they believe is less than the victims deserve. Their argument seems to be two-fold. First, they argue the settlement of around the equivalent of $100,000 per plaintiff – is fair.
It’s a difficult argument to present. However, their second argument has more force: victims should be no longer patient and demand their money today.
April 12, 2023 Update: People are asking how J&J could file for bankruptcy again. The answer is complex and convoluted. Let’s try to clarify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future lawsuits involving talc conclusively. In other words, it thinks it will pay less if there is the bankruptcy element which applies pressure to settle. Is talc-free baby powder safe. In a quest to cover more than 400 years in American history, the firm believes that bankruptcy is beneficial to all parties as it distributes settlement payments more equitably and effectively than trial courts in which some litigants receive substantial award while others do not.
The essence of this 3rd Circuit decision was this is not a case of an enterprise that is profitable, forming subsidiaries to meet the legal risk and declare bankruptcy – Congress considered when it was drafting the Bankruptcy Code. However, it also stated that the subsidiary was not financially difficulty because J&J promised unlimited funding.
So J&J did not hesitate to take advantage of the unlimited funding aspect of the deal and did not promise that it would provide unlimited funds for cases. The company claims that its updated financing arrangements with its subsidiary address the concerns of the appellate court, while offering funds to pay claims. In the hope that offering victims lower amounts of money would resolve the problem at hand.
Lawyers representing cancer patients who oppose the deal counter the agreement with what is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s decision. Hyperbole was not spared by the victims’ lawyers, who call it the biggest “fraudulent move ever in United States history.”
In spite of the legal jargon, J&J does not really believe this bankruptcy will be able to last. It is however a method to try and push the $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10, 2023 update: Bloomberg is running an intriguing piece on a law that has been passed of New Jersey that is shedding new light on the funding of litigation in the baby powder suit for class actions. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) regarding talc products, in exchange for a percentage of any winnings. J&J has now offered the payment of $8.9 billion to settle lawsuits.
The involvement of the funders is public information due to an New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rules aim to address the rising calls for the regulation of lawsuit funders. J&J is facing more than 60,000 claims when you take into account federal and state Baby Powder lawsuits. Third-party funding for mass tort lawsuits is not without its pros and pros and. However, there is no doubt that we are witnessing how third-party funding can level the playing field between people and large corporations in the courtroom.
April 4, 2023 Update: It’s interesting to watch the worm turning in this case. J&J was hit again this week, when it was found that the Third Circuit denied J&J’s request to continue the automatic stay as J&J appeals an appeal before the U.S. Supreme Court. This automatic stay froze thousands of talcum cases and prevented the filing of new lawsuits ever since J&J started the controversial process to spin the talc liabilities into a bankrupt subsidiary over one year ago. Is talc-free baby powder safe. After it was decided that the 3rd Circuit ruled that this bankruptcy was invalid just a few months ago the stay was lifted. J&J had hoped to have it continue in the meantime of hearing 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 likelihood that is that the Supreme Court is willing even to hear the appeal? Low.
March 16 2023 Update: With the bankruptcy stay being in effect, the first new cases were filed and incorporated into the talcum powder class action MDL in the space of a year. Seven new talc lawsuits have been included in the MDL over the last month increasing the number of cases in the pending process up to 37,522.
February 25 2023 Update The following information is available: A Congressmen from Tennessee is now demanding that authorities from the U.S. Government Accountability Office (GAO) launch an investigation into how much J&J products containing talc have cost the government in the years.
A recent email to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of not recognizing the risks of its talc products over many years, while tax dollars were spent treating those injured by exposure to the chemicals. The demand comes just weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Is talc-free baby powder safe. J&J should begin to make fair settlement offers for victims in order getting this behind it. This is a blemish on one of the most prestigious businesses.
February 14 2023 Update: During an earlier hearing 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-free baby powder 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!
