Johnson & Johnson Talc Litigation – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Johnson & Johnson talc litigation. 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 pay the sum of $400 million US state AGs. Johnson & Johnson Talc Litigation .

Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of its broad $8.9 billion effort to settle claims that its Baby Powder and other talc products cause cancer. Johnson & Johnson talc litigation.

J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company plans to pay different kinds of cancer victims in a bankruptcy settlement. Johnson & Johnson talc litigation. J&J has declared that its talc products are safe and won’t cause cancer. J&J is seeking another time to settle more than 38,000 lawsuits filed in bankruptcy and prevent new cases from coming forward in the future.
The bankruptcy plan of LTL would pay $400 million into an additional trust to settle claims made by state attorneys general alleging that J&J violated states’ unfair practices and consumer protection laws by misleading consumers regarding the safety of its talc products.

Some states had started consumer protection measures against J&J before LTL’s first bankruptcy filing stopped those investigations from proceeding in 2021. Johnson & Johnson talc litigation. New Mexico and Mississippi had already launched actions with Johnson & Johnson before then and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court papers.

 

 

New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy along with cancer sufferers and their counterparts from the U.S. Justice Department’s bankruptcy watchdog. They argue that a profit-making company like J&J is not eligible for bankruptcy protections intended for those struggling with debt.
The company’s initial attempt to resolve the bankruptcy-related lawsuits was dismissed after similar arguments, when a U.S. appellate court decided it was not LTL was not in “financial difficulty” and was not eligible of bankruptcy protection. Johnson & Johnson talc litigation. LTL declared bankruptcy a second time in just two hours following the dismissal, saying that its second attempt was different in that it had less money available and had a greater chance of securing the possibility of settling.

New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement powers in attempting to unilaterally limit the liability of the company in state consumer protection measures.

 

Johnson & Johnson Talc Litigation

LTL’s recent filings also provided more information on how the company would evaluate and pay claims for cancer when the bankruptcy plan is approved.

The largest amount of money under the settlement would be $500,000 for patients diagnosed with mesothelioma that is terminal before age 45. Johnson & Johnson talc litigation. The second payment would be $260,000 for patients diagnosed with advanced ovarian cancer before age 45.

The proposed settlement provides discounts based on the severity and type of the cancer, the person’s age, the history of the use of talc, and other aspects. Johnson & Johnson talc litigation. For example someone who regularly used daily talc products, had an ovarian cancer family history, cancer and was diagnosed with the stage 2 ovarian cancer by age 55 might qualify for a $21,125 payment under the plan.

Judge decides J&J, talc opponents to engage in settlement talks.

Following another hearing in Johnson and Johnson’s efforts to implement a Texas Two-Step bankruptcy strategy to settle talc lawsuits and federal bankruptcy judge Michael Kaplan has ordered the company and those opposed to the move to conduct settlement talks, Bloomberg reports.

In its second bankruptcy effort for LTL Management, a subsidiary set up by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Johnson & Johnson talc litigation. While one firm representing plaintiffs agree with the proposal, another group is opposed to the offer.

In the last week, an opposition group, dubbed”the Official Committee of Talc Claimants requested the bankruptcy court to dismiss this case saying that LTL is not considered to be financially distressed.

“The filing is a desperate and legally deficient attempt by a few of law firms to stop claimants from deciding on the resolution, which that the overwhelming majority of claimants favor,” J&J’s litigation chief Erik Haas, said in an announcement. Johnson & Johnson talc litigation. “The law firms who filed the filing are pursuing financial interests which clash with, diverge from and are in opposition to the interests they represent. We’ll soon submit an answer in the appeals court.”

Johnson & Johnson talc litigation. Clay Thompson, a lawyer for MRHFM who is home to more than patients with mesothelioma who have sued J&J claimed that the second bankruptcy attempt of J&J will fail.

“J&J publishes press release describing how fantastic its plan is while simultaneously insisting that the details of its plan–including the treatment individual sick people would actually receive — be kept private,” Thompson said in an email. “What do they have to keep secret?”

 

 

Kaplan has commanded the parties to devise a second arrangement plan under the supervision from two mediators.

In February 2022, Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that will free J&J from the hundreds of thousands of claims regarding its talcum products.

However, in January of this year an appeals court of the federal government overturned the verdict, ruling that the firm could not be considered to be in “financial trouble.”

When J&J’s attempt to contest the U.S. Supreme Court was denied the same month, J&J filed for its second bankruptcy roughly two hours later. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to allow another bankruptcy.

J&J’s omnipotent profit engine fails after $6.9B settlement charge for talc.

Through 2 Chapter 11 attempts, J&J has bought 19 months during which cases were placed on hold. Johnson & Johnson talc litigation. The company wants claimants to vote on accepting their settlement. J&J needs 75% acceptance in order for the agreement to be accepted.

In addition to the team of talc lawyers who criticised the bankruptcy of the company as well, the U.S. Trustee, a branch from the U.S. Department of Justice, also filed motions to dismiss LTL’s bankruptcy second case.

In a recent filing, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest, but naive debtors.” Those doors “are not open to any parties who do not have a legitimate bankruptcy reason or want to abuse the bankruptcy process to delay or hinder their creditors.” Vara continued.

To its credit, J&J maintains there is no definitive evidence to suggest that its products containing talc, such as its famous baby powder, can cause cancer. J&J has been taking the products of the market–first on North America in 2020–and the rest of the world later this year.

J&J seeks to avoid the costly business of going to trial. It has won the majority of the cases decided through trial, though some losses have been very harsh.
A well-known trial in Missouri ended in a $4.7 billion verdict against the drugmaker that was later reduced to $2.1 billion following 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 appealing or decided. Out of 41 trials, 32 of them ended in winning for J&J either through a mistrial or verdict of a plaintiff dismissed upon appeal. Johnson & Johnson talc litigation. Separately, the company in 2020 sought to settle around 1,000 cases worth 100 million dollars, Bloomberg reported at the time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Johnson & Johnson Talc Litigation

Our lawyers handle the baby powder litigation in all 50 states. The lawsuits involving talcum powder in the case of Johnson & Johnson have been ongoing for many years. Johnson & Johnson talc litigation. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient found in products such as Baby Powder as well as Shower to Shower, can cause cancer of the ovary in certain women.

This page gives an J&J talc power litigation update and discusses how the upcoming bankruptcy ruling affects the final settlement amounts of these cases of ovarian cancer.

Did the deadline expire for you to make a claim for talcum powder? Many who assume the statute of limitations has passed to sue Johnson & Johnson are wrong. Contact us now at 800-553-8082 or get a no-cost, quick review of your case online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Johnson & Johnson Talc Litigation

June 2 2023 Update: At the trial for asbestos-containing talc that took place in California yesterday, a couple of technical glitches interrupted the opening speech of defense lawyers. Johnson & Johnson talc litigation. Jurors who were watching at home via Zoom however, heard Johnson &Johnson’s lawyer express doubt about the science of the 70s asserting the presence of asbestos in their product, but the opening was abruptly ended.

The plaintiff was able to introduce its first expert witness Arthur Langer. Langer explained that the existence of additional minerals along with talc is inevitable. He claimed that his group advised J&J in 1971 about the presence of chrysotile asbestos within the company’s talc, albeit at lesser than 0.1 percent. He also uncovered more asbestos in 1976.

June 1, 2023 Update: Johnson & Johnson talc litigation. The first trial since J&J has decided to separate its Talc division, and then declare bankrupt marks an important turning point for the ongoing lawsuit controversy. Trial began yesterday in the harrowing case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive form of mesothelioma last year, which both sides agree is a harrowing tragedy.

Opening statements laid bare huge differences between the sides’ narrative. The attorney representing the plaintiff took aim at Johnson & Johnson, alleging the use of deceptive tactics in research practices and throughout the litigation process. The attorney claims that, according to Johnson & Johnson attempted to alter the definition of asbestos, despite internal documents dating back to 1978 and 1994 showing that fibers discovered in the plaintiff’s tissue are included.

Johnson &J’s tangled $8.9 billion settlement is hanging in the balance as we progression of this trial. Despite the particularity of the mesothelioma trial and its unique challenges compared to other lawsuits involving talcum powder and a decision in favor of the plaintiff could inflict an enormous setback for J&J’s hopes for broad acceptance of the settlement they have proposed among plaintiffs.

May 31st, 2023: Update from Johnson and Johnson’s bankrupt talc unit is defending its two-time Chapter 11 filing in the facing challenges from talc injury claimants. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing was distinct from the prior filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion to J&J as the largest settlement ever made in a mass tort bankruptcy case. Johnson & Johnson talc litigation. It was not mentioned how the magnitude of the settlement signifies that it’s a fair settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms representing over sixty thousand claimants. It is difficult to confirm however it is likely to be incorrect.

May 24 2023 Update: In the wake of Johnson and Johnson’s bankruptcy filing in 2021 filing, the first trial concerning its cosmetic talc items allegedly with asbestos content is scheduled to begin jury selection on Monday, May 24, California at Alameda County Superior Court, the most favored place for plaintiffs. The plaintiff claims that his mesothelioma is the result of asbestos exposure resulting from J&J’s products which J&J does not deny. The trial also involves six retailers accused of selling talc products.

May 22nd, 2023 Update: Lawyers involved in the second J&J Talc bankruptcy are in a dispute over who should be appointed to the role of the claims representative in the future, a role that is critically essential to the resolution of the claim for talc. Johnson & Johnson talc litigation. Randi Ellis, a lawyer who regularly appears in MDLs across the country, was appointed as the claims representative in the previous bankruptcy. J&J’s defense attorneys want Ellis to be named to the position again, but lawyers for the talc plaintiffs are protesting due to the fact that Ellis has an unrelated conflict of interest which should stop her from taking on that role for the second time. The conflict stems from the possibility that Ellis was apparently involved in drafting the hotly disputable second bankruptcy, which raises concerns about her capability to remain neutral. The reality is this bankruptcy could be dismissed regardless.

May 17, 2023 Update: The pretend company J&J made up for the talc litigation bankruptcy has informed an New Jersey bankruptcy court that they have set aside $400 million to settle claims made by states accusing the company of deceitful advertising regarding its talc products. Johnson & Johnson talc litigation. This amounts to an $8.5 billion settlement for cancer sufferers. It’s difficult to imagine the scenario in which J&J can push the settlements of baby powder through given these numbers. While J&J’s $8.5 billion offer might seem like a lot of money initially, it may not look good after you calculate the figures. The settlement plan based on our rough calculations – would not be able to pay victims more than a median settlement of $100,000 per case. That’s not enough.

May 15 2023, Update J&J may be in the middle of a lawsuit by an advocacy group representing cancer patients. Johnson & Johnson talc litigation. The group argues that J&J deliberately retracted a $61.5 billion funding agreement together with its parent company, LTL Management LLC, to simulate financial stress and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action could be interpreted as a fraudulent transfer of rights of victims’ compensation. They plan to explore J&J’s actions in the wake of the dismissal of LTL’s first bankruptcy case.

May 10 2023 Update: Next week in next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments in a motion dismiss the second bankruptcy petition filed of J&J company LTL Management. In the meantime, however, LTL Management has filed an order that requires both parties to participate in a new settlement mediation in the hope that an international settlement agreement can be been reached.

May 5, 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products caused cancer from asbestos exposure. Johnson & Johnson talc litigation. More than 2700 people have filed lawsuits against the company, and it was spending $1 million a month to defend itself. The company’s recent $29 million verdict in South Carolina forced it to seek bankruptcy protection, arguing for an equitable distribution of assets between talc claimants rather than being seized from the receiver. Other suppliers of talc have declared bankruptcy because of the litigation.

May 4, 2023 update: U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to restart negotiations with lawyers who turned down the company’s $8.9 billion settlement offer. It was in Trenton, New Jersey yesterday, the parties appeared before a judge to discuss next steps to take in the second bankruptcy case. Judge Kaplan has pushed for further settlement talks.

This is the solution to resolve these claims for J&J. A settlement for baby powder can be achieved. Johnson & Johnson talc litigation. However, it’ll require additional money – perhaps billions of dollars coming from Johnson & Johnson.

Lawyers are divided on whether to accept the proposal and not all clients see the issue in the same manner their lawyer does. Second bankruptcy cases are likely to fail the judge Kaplan has scheduled a hearing in June to determine whether to dismiss the bankruptcy for the second time.

May 3 2023 Update A group of cancer patients suing Johnson & Johnson (J&J) demanded an order from J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation surrounding talc-based products. The group of talc claimants submitted a motion on Tuesday requesting that the Third Circuit to consider their appeal and return the case an earlier court, with instructions for dismissing the bankruptcy. Johnson & Johnson talc litigation. The committee also requested that the lawsuit against the halted torts of J&J continue to proceed.
LTL requested Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected in the Third Circuit earlier this year which offered a $8.9 billion payment. The committee says that the recent ruling, which allows the second Chapter 11 to continue, in addition to halting trials against J&J should be subject to the immediate Third Circuit review. The US Trustee requested it be requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s global vice president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a reply in the appeals court calling the request an “desperate and legally inadequate attempt” by a handful of law firms with competing financial interests.
May 1st, 2023 Update: One most frequently asked question is how could plaintiffs and their attorneys turn down $8.9 billion. Of course, that’s an immense amount of money. But there are plenty of victims. Johnson & Johnson talc litigation. They are a great case for plaintiffs. We were reminded of this last week by two talc-related trials that ended in large verdicts for plaintiffs. In February mesothelioma cases, a talcum powder trial in Oregon ended in an award that was $18.1 million. The following month, a second talc mesothelioma case went to trial on the other side of South Carolina and resulted in a verdict of $29 million to the plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc., one of the most prominent suppliers of talc in the U.S.
April 30 2023 Update: When J&J initially attempted to pull the talcum powder lawsuit into bankruptcy, it came with an offer to set aside $2 billion for settlements. The amount was absurdly low. The talc plaintiffs had not believed in the proposal. This time, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they will allow a bankruptcy settlement and they also have the support of a substantial portion of the talc plaintiffs as well as their lawyers. Johnson & Johnson talc litigation. But 75% of the plaintiffs who are a talc, which is required for bankruptcy plan approval is a difficult road because of the number of lawyers who have large stocks of baby powder-related lawsuits, opposed against the proposed settlement.

What is the solution to this impasse? More billions.
April 25 2023 Update: Talc plaintiffs have demanded a judge disqualify the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, saying the company is not financially distressed. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Johnson & Johnson talc litigation. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not a candidate for bankruptcy relief since it was unable to demonstrate financial trouble.

The claimants contend that the Second Chapter 11 case is an fraud on the bankruptcy system and it’s being pursued in bad good faith. J&J claims the bankruptcy settlement is backed by “significant support” from the firms that represent about 60,000 potential people who are claiming. It’s safe to say that lawyers representing plaintiffs and the victims are split over what they believe is an $8.9 billion offer for settlement.

April 21st, 2023 Update A bankruptcy judge decided that Johnson & Johnson must face new lawsuits alleging that it sold tainted baby powder causing cancer. Although trials for the lawsuits involving talc are delayed for at least 60 days however, new lawsuits may be filed and lawyers can begin preparing their cases. Johnson & Johnson talc litigation. The judge expressed his doubts about J&J’s pathetic attempt to revive its strategy by filing the second bankruptcy case.

April 13, 2023 update: the most important news is the $8.9 billion over the next 25 years settlement offer. Lawyers representing cancer patients involved in MDL class action MDL collective action vowed to challenge the settlement the talc claimants. Why? They believe it’s not enough to pay for 70,000 victims who have cancer. Johnson & Johnson talc litigation. These lawyers believe that J&J should negotiate a larger settlement or litigate individual claims in the event that the latest bankruptcy is thrown out.

But there is another group of lawyers that is not part of the leadership group in the class action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. They want to settle today for what many argue is less than the victims deserve. Their argument seems to be twofold. The first is that they claim the settlement – which amounts to 100,000 dollars per plaintiff is fair.

This is an argument that is difficult to make. But their second argument has more force: victims should be no longer patient and demand their money now.

April 12 2023 Update: Many are looking for ways J&J could file for bankruptcy once more. The answer is complex and convoluted. However, let’s attempt to explain it clearly.
Johnson & Johnson asserts that bankruptcy is the only method to deal with both present and future talc-related lawsuits definitively. Also, it believes that it will be less expensive if there is an element of bankruptcy that puts pressure to settle. Johnson & Johnson talc litigation. Going back to the 400-year span of American time, the business asserts that bankruptcy benefits everyone by dispersing settlement payments more equitably and efficiently than trial courts, which are where litigants get significant settlements while others get nothing.

The main thrust in this 3rd Circuit decision was this is not a case of the profit-making company that has an entity to assume the legal burden and declare bankruptcy Congress had in mind when it came to drafting the Bankruptcy Code. However, the court also ruled the company was financially trouble due to the fact that J&J offered unlimited financing.
So J&J did not hesitate to take advantage of the unlimited funding portion of the contract and did not promise to provide unlimited funding for the litigation. The company says that its revised financing arrangements with its subsidiary addresses the appeals court’s concerns while still providing funds for claims. As if providing victims with less money will solve the overall issue.

Attorneys representing cancer victims who do not agree with the agreement counter this argument by saying that it is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s ruling. The hyperbole wasn’t spared: victims’ lawyers call it the most significant “fraudulent transfer 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 pushing this $8.9 billion settlement, and to keep the pressure on plaintiffs.

April 10, 2023, Update Bloomberg provides an insightful article about a new law within New Jersey that is shedding new light on litigation funding in the suit for class actions. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) regarding talc products, in exchange for a portion of any settlements. J&J is now offering to pay $8.9 billion to settle lawsuits.

The involvement of funders is public information due to the New Jersey court rule requiring the release of certain details about funders outside the state. This rule is intended to respond to the increasing calls for regulation of the litigation funders. J&J faces over 60,000 claims when you include federal and state child powder-related lawsuits. Third-party funding for mass tort lawsuits is not without its pros and pros and. But there is no question that we are witnessing the ways that third-party funding can even the playing field between individual and big corporations in court.

April 4, 2023 Update: It is fun to watch the worm turning in this lawsuit. J&J has taken another blow this week, when an appeals court in the Third Circuit denied J&J’s request to keep the automatic stay in place as J&J appeals a bankruptcy ruling in the U.S. Supreme Court. This automatic stay frozen hundreds of cases involving talcum powder and stopped any the filing of new lawsuits ever since J&J started the controversial process to spin talc-related liabilities off into a bankrupt subsidiary more than one year ago. Johnson & Johnson talc litigation. After the 3rd Circuit ruled that this bankruptcy was invalid just a few months ago the stay was revoked. J&J was hoping to have it stayed in place until hearing the SCOTUS appeal. But the answer was no.
April 1, 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 16th 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 over one year. Seven new talc-related lawsuits were joined to the MDL during the month of March increasing the number of cases in the pending process up to 37,522.

February 25, 2023 Update 2023 Update: A Congressmen from Tennessee is now demanding that the U.S. Government Accountability Office (GAO) initiate an investigation into the amount J&J talc products have cost the government in the decades.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc products over many years, while tax dollars were utilized to treat people injured by exposure to the product. This lawsuit comes a few weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.

Johnson & Johnson talc litigation. J&J needs to start making fair settlement offers to victims, in order in putting this behind. This is a disgrace to one of the most prestigious firms.

February 14 2023 Update: During the hearing held today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention in light of the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.

 

You May be Entitled to Significant Compensation Johnson & Johnson talc litigation. 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!

 

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