You May be Entitled to Significant Compensation Is talc in deodorant 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 talc settlement would provide $400 million to US state AGs. Is Talc In Deodorant Safe .
Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of its broader $8.9 billion effort to settle claims that its Baby Powder and other talc-based products cause cancer. Is talc in deodorant safe.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company will pay various types of cancer victims in a bankruptcy settlement. Is talc in deodorant safe. J&J has claimed that its products containing talc are safe and won’t cause cancer. It is attempting for a second time to resolve more than 38,000 lawsuits in bankruptcy and stop new cases from coming forward in the near future.
LTL’s bankruptcy plan will pay $400 million into a separate trust for claims made with state attorneys general alleging that J&J did not comply with the state’s unfair commercial practices and consumer protection laws through misleading consumers regarding the safety of its talc products.
Some states had started consumer protection cases against J&J before LTL’s first bankruptcy filing prevented those investigations from taking place in 2021. Is talc in deodorant safe. New Mexico and Mississippi had already brought suits with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands in LTL’s court documents.
New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished along with cancer sufferers and those affected by cancer 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 intended for the struggling debtors.
The company’s initial attempt to resolve the bankruptcy-related lawsuits was dismissed after similar arguments, when a U.S. appellate court determined in favor of LTL was not in “financial difficulty” and thus not eligible to receive bankruptcy relief. Is talc in deodorant safe. LTL made a new bankruptcy application in just two hours following the dismissal, arguing its second attempt 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 for dismissal that LTL’s renewed bankruptcy violates state law enforcement authorities by trying to unilaterally cap the liability of the company for state consumer protection actions.
Is Talc In Deodorant Safe
LTL’s filings for the new year also contained more details on the way in which the company will evaluate and settle cancer claims in the event that the bankruptcy plan is approved.
The most significant payments under the settlement would be $500,000 for patients diagnosed with mesothelioma that is terminal before age 45. Is talc in deodorant safe. The second payment would be $260,000 for those diagnosed with terminal ovarian cancer prior to age 45.
From there, the proposed settlement will offer discounts based on the kind and severity of cancer, an individual’s age, previous using talc and other factors. Is talc in deodorant safe. For example an individual who was using talc products on a weekly basis, who had a family history of ovarian cancer and was diagnosed with stage II ovarian cancer by age 55 may qualify for a $21,125 payment under the program.
Judge gives order to J&J and talc oppositionists to engage in settlement talks.
Following another hearing in Johnson & Johnson’s attempt 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 plan to hold negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy bid for LTL Management, a subsidiary created by J&J to settle claims – the company offered a settlement amounting to $8.9 billion. Is talc in deodorant safe. While a firm representing plaintiffs supports the offer, another group opposes the deal.
Earlier this week, the opposition group, known as the Official Committee of Talc Claimants requested the bankruptcy court to dismiss the case by asserting that LTL cannot be regarded as financially distressed.
“The filing is a desperate and legally deficient attempt by a tiny number of law firms to try to prevent claimants from voting on the resolution plan – a plan the vast majority of claimants approve of,” J&J’s litigation chief Erik Haas, said in a statement. Is talc in deodorant safe. “The law firms who filed the filing are pursuing financial interests which clash with, diverge from, and contravene those that their customers. We’ll submit an answer in the appeals court.”
Is talc in deodorant safe. Clay Thompson, a lawyer for MRHFM, which is home to more than patients with mesothelioma who have filed lawsuits against J&J and J&J, has said that the company’s second bankruptcy try is likely to fail.
“J&J sends out press releases describing how fantastic its plan is, while insisting that the details of its plan–including the treatment individual sick people would actually receive–be kept secret,” Thompson said in a statement. “What do J&J have to conceal?”
Kaplan has directed the parties to develop a new restructuring plan, with the oversight of two mediators.
The court in February of 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that would free the company from the hundreds of thousands of claims concerning its talcum products.
In January of this year a federal appeals court overturned the ruling, ruling that the company was not able to be considered to be in “financial distress.”
After J&J’s contest the U.S. Supreme Court was rejected the same month, J&J declared bankruptcy two hours after. In response, Kaplan froze the lawsuits for 60 days to decide whether or not to approve to file for bankruptcy again.
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 held. Is talc in deodorant safe. J&J wants the claimants to take a vote to accept their settlement. J&J needs 75% approval for the settlement to be approved.
In addition to the group of talc attorneys who have panned LTL’s bankruptcy plan 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 the second bankruptcy case of LTL.
In a recent filing, U.S. Trustee Andrew R. Vara wrote that the bankruptcy courts are “open to honest, but naive debtors.” These doors “are not accessible to those that do not have a legitimate objective or seek to abuse the bankruptcy process to hinder or delay their creditors.” Vara continued.
In its own words, J&J maintains there is no proof conclusive that their products containing talc, such as its iconic baby powder, cause cancer. J&J has taken the products of the market, first for North America in 2020–and the rest of the world later this year.
J&J wants to avoid the costly business of going to trial. It has won the majority of the cases that were decided during trial, however, certain losses have been harsh.
A highly-publicized trial in Missouri resulted in an $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 cases involving talc, which are in appeal or resolved. 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 upon appeal. Is talc in deodorant safe. In addition, J&J in 2020 moved to settle over 1,000 cases for 100 million dollars, Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Is Talc In Deodorant Safe
Our lawyers handle baby powder lawsuits across every state. The lawsuits involving talcum powder in the case of Johnson & Johnson have been in the process for several years. Is talc in deodorant safe. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient found in products such as Baby Powder along with Shower to Shower and Shower to Shower, could cause ovarian cancer in some women.
This article provides the J&J Talc Power Update and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amounts of these cases of ovarian cancer.
Has the deadline passed for you to bring a talcum lawsuit? Many who believe the statute of limitations has passed to file a lawsuit against Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a no-cost, quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Is Talc In Deodorant Safe
June 2 2023 Update: At the trial for asbestos-containing talc which took place in California yesterday, a couple of technical issues halted the opening statements of the defense attorneys. Is talc in deodorant safe. Jurors watching at home via Zoom and hearing the Johnson and Johnson’s lawyer express skepticism about the 70s science affirming the presence of asbestos in their product, but the proceedings abruptly ended.
Meanwhile, the plaintiff was able to introduce their first witness, Arthur Langer. Langer said that the presence of other minerals alongside the talc’s mineral content is inevitable. He claimed that his group informed J&J in the year 1971 of the presence of chrysotile asbestos the talc of the company, but in less than 0.1 percent. He also uncovered more asbestos in the year 1976.
June 1st, 2023 Update: Is talc in deodorant safe. First trial after J&J decided to spin off its Talc division, and then declare bankrupt is an important point in the ongoing talc litigation saga. Trial started on Monday in the heartbreaking trial of a young plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma earlier this year. a diagnosis lawyers on both sides agree is a grave tragedy.
Opening statements revealed the distinct differences between each side’s narrative. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging that the company employed deceitful strategies in its research practices as well as throughout the litigation procedure. As per the lawyer, Johnson & Johnson attempted to alter the definition of asbestos, in spite of internal documents dating from 1978 and 1994 showing that asbestos fibers that were found in the tissue of the plaintiff are included.
Johnson & Johnson’s precarious $8.9 billion settlement is hanging in the balance as we progression of this trial. Despite the particularity of this mesothelioma-related case and its distinct issues compared to most talcum powder lawsuits, a verdict favoring the plaintiff could inflict an unintended setback to Johnson & J’s hope of gaining broad acceptance for their proposed settlement with plaintiffs.
May 31st, 2023 Update: Johnson & Johnson’s bankrupt talc business was able to defend it’s 2nd Chapter 11 filing in the facing challenges from injured talc claimants. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation was fundamentally different from the prior filing. It emphasized the unprecedented commitment to $8.9 billion to J&J as the largest ever settlement in a mass tort bankruptcy case. Is talc in deodorant safe. There was no mention of how the amount of the settlement signifies that it’s an equitable settlement. J&J also claimed that it received support from several plaintiffs’ legal firms that represent over sixty thousand claimants. This is difficult to verify but it’s likely to be false.
May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the first trial regarding its cosmetic talc products allegedly containing asbestos is set to start jury selection Monday in California at Alameda County Superior Court, which is a well-known location for plaintiffs. Plaintiff claims that mesothelioma was triggered by asbestos exposure resulting from J&J’s products which the company does not deny. The trial also involves six retailers who are accused of selling talc-containing products.
May 22, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are currently battling over who should be appointed to the position of future claims representative, which is vitally critical to resolving talc claims. Is talc in deodorant safe. Randi Ellis, a lawyer who is frequently involved in MDLs throughout the country was appointed the claims representative in the previous bankruptcy. J&J’s defense team would like Ellis to be appointed in that position in the future, however lawyers representing the talc plaintiffs are protesting due to the fact that Ellis has an interest conflict which should stop her from assuming that position again. The dispute stems from reality that Ellis was reportedly involved in drafting the hotly contesting second bankruptcy, which raises concerns regarding her capacity to remain neutral. The reality is the bankruptcy will be tossed out anyway.
May 17, 2023 Update: The pretend company J&J put together to settle the talc litigation bankruptcy told the New Jersey bankruptcy court that they have set aside $400 million to settle claims brought by states accusing the company of misleading advertising for its talc products. Is talc in deodorant safe. This amounts to an $8.5 billion settlement for cancer patients. It is hard to imagine a scenario where J&J can push these baby powder settlements through at these numbers. While J&J’s $8.5 billion offer might seem like a large sum at first, it does not look good when you do the math. The proposed settlement based on our rough calculations, would not offer victims anything more than $100,000 per case. It’s not enough.
May 15, 2023 Update J&J could be facing lawsuit from an advocacy group that represents cancer victims. Is talc in deodorant safe. The group contends that J&J intentionally canceled the $61.5 billion financing agreement in conjunction with its affiliate, LTL Management LLC, in order to create a false sense of financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group claims this decision amounts to a fraudulent transfer of the right to compensation for victims. They intend to investigate J&J’s actions in the wake of the decision to dismiss LTL’s first bankruptcy case.
May 10 2023 Update: Next week this week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to reject the second bankruptcy filing from J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however this bankruptcy court has issued an order which requires both sides to participate in a settlement mediation with the hopes of achieving the global settlement can be been reached.
May 5th, 2023 Update: Talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging its talc products cause cancer due to asbestos exposure. Is talc in deodorant safe. More than 2700 people have filed lawsuits against the firm and the company was paying $1 million per month to defend its legal position. The company’s recent $29million settlement 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 taken through the receiver. Other talc suppliers have also declared bankruptcy because of legal proceedings.
May 4, 2023 Update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen talks with lawyers who rejected the company’s $8.9 billion offer for settlement. It was in Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps for this second case of bankruptcy and Judge Kaplan encouraged further settlement talks.
This is the solution to resolve the claims of J&J. A baby powder settlement can get done. Is talc in deodorant safe. But it’ll need more money – more billions of dollars coming from Johnson & Johnson.
Lawyers are divided on whether to take the proposal or not and not every client sees the issue the same way their attorney does. This second case of bankruptcy is bound to fail, and Judge Kaplan has scheduled a hearing for June to determine whether to close the case for the third time.
May 3, 2023 Update: A group of cancer patients suing Johnson & Johnson (J&J) demanded to have 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 of talc claimants made a motion Tuesday requesting that the Third Circuit to consider their case and to send it back to a lower court with instructions to discharge the bankruptcy. Is talc in deodorant safe. They also asked that lawsuit against the halted torts of J&J be allowed to continue.
LTL requested Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected by the Third Circuit earlier this year, offering an $8.9 billion settlement. The committee believes that the recent ruling which allowed LTL’s third Chapter 11 to continue, and also stopping trials against J&J and J&J, requires urgent Third Circuit review. The US Trustee has also requested be the 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 plans to file a reply in the appeals court, characterizing the filing as a “desperate and legally insufficient attempt” by a select group of law firms with conflicts of financial interests.
May 1 2023 Update: A question people keep asking is how plaintiffs and their lawyers be able to turn off $8.9 billion. That’s of course a lot of money. But there are plenty of victims. Is talc in deodorant safe. These are actually a good claims for plaintiffs. We have been reminded of this recently when two talc cases led to huge verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon ended in an award of $18.1 million. The following month, a second mesothelioma trial involving talc was held for trials in South Carolina and resulted in a verdict of $29 million on behalf of the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. one of the most prominent producers of talc in the U.S.
April 30th 2023 Update: J&J first attempted to drag the talcum powder litigation into bankruptcy, they came with an offer to reserve $2 billion to settle the case. It was a ridiculously small amount. None of the talc plaintiffs agreed with the offer. However, this time, J&J has increased the offer to $8.9 if the talc plaintiffs will allow a bankruptcy settlement and they also have the support of a substantial segment of the talc plaintiffs and their attorneys. Is talc in deodorant safe. However, 75% of talc plaintiffs, which is necessary for bankruptcy plan approval is not an easy task because of the number of lawyers who have massive stocks of baby powder litigations opposed to the settlement.
What could solve the impasse? More billions.
April 25 2023 update: Talc patients have requested 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 distressed. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Is talc in deodorant safe. It was the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible for bankruptcy relief since it was unable to demonstrate financial trouble.
The claimants assert that LTL’s 2nd Chapter 11 case is an fraud on the bankruptcy system and it’s being pursued in bad faith. J&J claims the bankruptcy settlement is backed by “significant support” from the firms that represent approximately 60,000 people who are claiming. It’s fair to say that the plaintiffs’ attorneys and the victims are split over this $8.9 billion deal.
April 21st, 2023 Update A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits alleging that it sold baby powder that was contaminated and causing cancer. Although trials for Talc lawsuits are suspended for at least 60 days but new lawsuits can be filed and lawyers may begin to prepare their cases. Is talc in deodorant safe. Judges expressed skepticism about J&J’s absurd attempt to revive its plan with another bankruptcy case.
April 13th, 2023 Update: The biggest update is about the $8.9 billion over the course of 25 years offer for settlement. Lawyers representing cancer victims who are part of MDL class action MDL class action have promised to fight the settlement with those who claim talc. Why? They think it is not enough money for those suffering from cancer who are 70,000. Is talc in deodorant safe. They argue that J&J should seek a bigger settlement or litigate individual claims in the event that the latest bankruptcy is dismissed.
However, there is a second set of lawyers who are not part of the leadership group in the class action. They have amassed hundreds of thousands of cases. They want to settle the case now with what they believe is less than these victims deserve. Their argument seems to be twofold. First, they argue that the settlement, which is about 100 million dollars on average per plaintiff – is fair.
It’s a difficult argument to present. However, their second argument has more force: victims should no longer wait and want to get their money right now.
April 12 2023 Update: Some people are seeking out how J&J could file for bankruptcy again. The answer is complex and complicated. Let’s try to simplify it simply.
Johnson & Johnson asserts that bankruptcy is the only way to settle both present and future talc litigations in a definitive manner. That is, it believes that it will be less expensive in the event of a bankruptcy element that creates pressure to settle. Is talc in deodorant safe. In a quest to cover more than 400 years in American past, the company argues that bankruptcy benefits everyone by dispersing settlements more fairly and efficiently than trial courts, which are where litigants get significant settlements while others get nothing.
The essence in the 3rd Circuit decision was this is not a case – one that makes a profit, but an entity to assume the legal burden and declare bankruptcy – something Congress thought of when drafting its Bankruptcy Code. But it also said that the subsidiary was not in financial distress due to the fact that J&J promises unlimited funding.
This is why J&J took advantage of the unlimited funding part of the contract but did not pledge that it would provide unlimited funds for the litigation. The company says that its new financing agreements with its subsidiary will address concerns of the appellate court, while supplying funds for claim payments. It’s as if giving victims lesser money could solve the problem at hand.
Lawyers representing cancer victims who do not agree with the agreement counter this by arguing that the plaintiff is the legal argument. Is talc in deodorant safe. They counter with legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s previous decision. The hyperbole wasn’t spared: victims’ lawyers call this the biggest “fraudulent move that has occurred in United States history.”
Notwithstanding the legal mumbo jumbo, J&J does not really think that the bankruptcy will endure. However, it’s a means of trying to push this $8.9 billion settlement through and maintain the pressure on plaintiffs.
April 10 2023 Update Bloomberg provides an insightful report on a brand new law 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 from Johnson & Johnson (J&J) regarding talc products, in exchange for a share of any wins. J&J has now offered an offer of $8.9 billion in settlements for all lawsuits.
The involvement of the funders is made public due to the New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rule aims to respond to the increasing calls for the regulation of lawsuit funders. J&J faces over 60,000 claims when you take into account federal and state child powder-related lawsuits. Third-party financing in mass tort cases has pros and cons. However, there is no doubt that we are seeing the ways that third-party funding can even the playing field between people and big companies in the courtroom.
April 4 2023 Update: It is pleasing to see the worm turning in this legal battle. J&J was hit again this week when the Third Circuit denied J&J’s request to extend the automatic stay during the time that J&J appeals a bankruptcy decision to the U.S. Supreme Court. Automatic stays have frozen thousands of talcum powder cases and stopped any new lawsuits from being filed ever since J&J launched the controversial attempt to spin the talc liabilities into a bankrupt company over a year back. Is talc in deodorant safe. When it was decided that the 3rd Circuit ruled that this bankruptcy was invalid some months ago, the stay was revoked. J&J wanted to see it continued pending hearing 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 odds that for the Supreme Court is willing even to accept the appeal? Low.
March 16th 2023 Update: With the bankruptcy stay being fully lifted, the first new cases were filed and incorporated into the class action for talcum powder MDL in just over a year. Seven new talc-related lawsuits were joined to the MDL over the last month increasing the number of pending cases up to 37,522.
February 25 2023 Update: A Congressmen from Tennessee is now requesting that be the U.S. Government Accountability Office (GAO) initiate an investigation into the amount J&J product containing talc has cost the government in the years.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of not recognizing the risks of its talc products over years while tax dollars were spent on treating people who suffered injuries from exposure to the product. This lawsuit comes a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.
Is talc in deodorant safe. J&J has to begin making reasonable settlement proposals for victims in order getting this behind. This is a disgrace to one of the most prestigious companies.
February 14 2023 Update: During 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 Is talc in deodorant 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!