You May be Entitled to Significant Compensation Talc cancer claim. 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 be worth $440 million US state AGs. Talc Cancer Claim .
Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of its larger $8.9 billion settlement of allegations that its Baby Powder and other talc ingredients cause cancer. Talc cancer claim.
J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay different types of cancer victims in bankruptcy settlement. Talc cancer claim. J&J has stated that its Talc products are safe, and will not cause cancer. It’s trying for the second time to end more than 38,000 lawsuits in bankruptcy and stop new cases from being filed in the future.
LTL’s bankruptcy plan would pay $400 million to an additional trust to settle claims filed from state attorney generals claiming that J&J had violated states’ unfair practices and consumer protection laws by misleading consumers about the safety of its talc products.
Some states had started consumer protection actions against J&J before LTL’s first bankruptcy filing stopped these investigations from proceeding in 2021. Talc cancer claim. New Mexico and Mississippi had already brought actions in the past against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy in a joint move with cancer victims as well as the U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making company like J&J can’t benefit from bankruptcy protections designed for people with debt problems.
The first time LTL attempted to settle the lawsuits in bankruptcy was rejected after the same arguments. The U.S. appeals court ruled in favor of LTL had not been in “financial difficulty” and was not eligible under bankruptcy law. Talc cancer claim. LTL had filed for bankruptcy again just over two hours after the decision to dismiss, arguing that its second attempt was different because it had less money available and more support for the settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates state law enforcement powers by seeking to unilaterally limit the company’s liability for state consumer protection actions.
Talc Cancer Claim
The filings of LTL’s latest bankruptcy proceedings also include additional details about how the company would evaluate and settle cancer claims in the event that the bankruptcy plan is approved.
The highest payments under the settlement will be $500,000 for those diagnosed with cancer of the mesothelioma ovary before age 45, and $260,000 for those who have been diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement provides discounts based on the severity and type of cancer, the individual’s age, the history of using talc and other factors. Talc cancer claim. For example someone who regularly used talc products on a weekly basis, who had the family history of ovarian cancer and was diagnosed Stage II cancer of the ovary by age 55 may be eligible for a $21,125 payment according to the plan.
Judge decides J&J, talc opponents to take part in settlement talks.
After another round of hearings in Johnson and Johnson’s efforts to employ a Texas Two Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company and those opposing the plan to enter into talks to reach a settlement, Bloomberg reports.
In its second bankruptcy effort for LTL Management–a subsidiary established by J&J to settle claims – the company made a settlement offer of $8.9 billion. Talc cancer claim. While a group of law firms representing plaintiffs agree with the settlement, a different group is against the settlement.
This week, the opposition group, dubbed the Official Committee of Talc Claimants and urging the bankruptcy court for dismissal of the matter arguing that LTL is not a factor financially distressed.
“The filing is an incredibly legal and ineffective attempt by a small number of law firms to try to block claimants from voting on the resolution plan, a plan that the vast majority of claimants favor,” J&J’s litigation chief Erik Haas, said in a statement. Talc cancer claim. “The law firms who filed this filing have financial interests that conflict with, diverge from, and infringe on the rights that their customers. We will be submitting an answer in the appeals court.”
Talc cancer claim. Clay Thompson, a lawyer for MRHFM, which has more than 80 mesothelioma clients who have filed lawsuits against J&J, said that J&J’s second bankruptcy attempt failed.
“J&J issue press releases that boast about how amazing its plan is, while requesting that details of the plan, such as what each sick person will receive,” Thompson said in an announcement. “What do J&J have to conceal?”
Kaplan has commanded the parties to come up with another arrangement plan under the supervision of two 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 hundreds of thousands of claims related to its talcum-based products.
But in January of this year, an appeals court in the United States overturned the decision, deciding that the company was not able to be considered in “financial trouble.”
After J&J’s appeal to the U.S. Supreme Court was dismissed in April, J&J applied for its first bankruptcy two hours later. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to grant the second bankruptcy.
J&J’s omnipotent profit engine fails after $6.9B cost of litigation involving talc.
With Two Chapter 11 attempts, J&J has gotten 19 months of which cases were put suspended. Talc cancer claim. The company is requesting that claimants vote on accepting their settlement. J&J would need 75% support for the deal to pass.
Alongside the group of talc lawyers who criticised LTL’s bankruptcy plan, the U.S. Trustee, an arm that is part of the U.S. Department of Justice is also submitting an appeal to dismiss LTL’s bankruptcy second case.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest, but naive debtors.” Those doors “are not open to parties that lack a legitimate bankruptcy reason or want 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 products containing talc, such as its popular baby powder cause cancer. J&J has taken the products of the market, first in North America in 2020–and the remainder of the globe later this year.
J&J wants to avoid the costly business of going to trial. The company has won the majority of cases decided during trial, however, some losses have been very punitive.
A high-profile trial in Missouri resulted in an $4.7 billion verdict against the drug company that was later reduced to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine talc trials that are either appealing or concluded. Out of 41 trials, 32 have resulted in winning for J&J, a mistrial or verdict of a plaintiff dismissed after appeal. Talc cancer claim. Additionally, the company in 2020 negotiated to settle over 1000 cases at a cost of the sum of $100 million. Bloomberg reported at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Cancer Claim
Our lawyers are handling baby powder cases in all 50 states. The talcum powder lawsuits for Johnson & Johnson have been ongoing for years. Talc cancer claim. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient in products like Baby Powder along with Shower to Shower as well as other products, may cause cancer of the ovary in certain women.
This page gives an J&J talc power litigation update and provides an overview of how the upcoming bankruptcy ruling will impact the final settlement amounts in these cases of ovarian cancer.
Did the deadline expire for you to file a talcum powder lawsuit? Many who assume the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Call us now at 800-553-2082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Cancer Claim
June 2 2023 Update: During the trial for asbestos-containing talc that took place in California yesterday, some technical issues halted the opening speech of defense lawyers. Talc cancer claim. Jurors watching from their homes via Zoom however, heard Johnson and Johnson’s lawyer express skepticism about the 70s science affirming the presence of asbestos in their product prior to the proceedings abruptly ended.
In the meantime, the plaintiff could present its first expert witness Arthur Langer. Langer stated that the presence of other minerals in the talc mineral is a given. He testified that his team had notified J&J in 1971 of the presence of asbestos chrysotile in the talc manufactured by the company, though at lower than 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update Talc cancer claim. A trial for the first time since J&J took the decision to disband its Talc segment and file for bankruptcy is an important turning point within the ongoing lawsuit drama. Trial began yesterday in the tragic trial of a young plaintiff, diagnosed with an extremely rare and aggressive form of mesothelioma last year, which lawyers on both sides believe is a tragedy of a different kind.
The opening statements exposed the stark differences in each side’s story. The attorney for the plaintiff took aim towards Johnson & Johnson, alleging the use of deceptive tactics in research practices and throughout the litigation procedure. According to the attorney Johnson & Johnson tried to alter asbestos’ definition, in spite of internal documents dating from between 1978 and 1994 that showed asbestos fibers in the tissues of the plaintiff are part of.
Johnson &J’s tangled $8.9 billion settlement proposal hangs in the balance with the progression of this trial. Despite the particularity of this mesothelioma-related case and its unique challenges compared to the majority of talcum powder lawsuits A verdict in favor of the plaintiff could result in an unintended setback to Johnson & J’s expectations of widespread acceptance of their proposed settlement among plaintiffs.
May 31, 2023 Update: Johnson & Johnson’s bankrupt talc division strongly defended the Second Chapter 11 filing in the opposition of the talc injury plaintiffs. In an objection submitted to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing was fundamentally different from the earlier filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion to J&J as the largest settlement ever made in a mass tort bankruptcy case. Talc cancer claim. There was no mention of how the size of the settlement implies that it is a fair settlement. J&J also claimed that it received support from several plaintiffs’ legal firms representing more than the 60,000 plaintiffs. This is not easy to confirm but is probably incorrect.
May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the very first trial concerning its cosmetic talc products that are believed to that contain asbestos is scheduled to start jury selection Monday in California within the Alameda County Superior Court, an historically reliable court for plaintiffs. The plaintiff asserts that his mesothelioma was caused by asbestos exposure through J&J’s products and the company does not deny. The trial also involves six retailers accused of selling talc products.
May 22nd, 2023 Update Lawyers in the 2nd J&J talc bankruptcy are now battling over who should be appointed to the role of the claims representative in the future, which is vitally essential in resolving the talc claims. Talc cancer claim. Randi Ellis, a lawyer who regularly appears in MDLs throughout the country was appointed as the claims representative in the first bankruptcy. J&J’s defense team would like Ellis to be named to the position and again, but attorneys for the plaintiffs in talc are arguing to the claim that Ellis has conflicts of interest which would prohibit her from holding that position again. The issue stems from the possibility that Ellis was believed to have been involved in the drafting of the highly disputable second bankruptcy, raising doubts about her capacity to be neutral. It’s true that this bankruptcy could be tossed out anyway.
May 17, 2023 Update: The pretend company that J&J formed for the talc bankruptcy told the New Jersey bankruptcy court that they have allocated $400 million to settle the claims of states that accuse the company of deceptive advertising for its talc product. Talc cancer claim. So that makes it an $8.5 billion settlement for cancer victims. It’s hard to imagine an eventuality where J&J can get these settlements for babies with these numbers. Although J&J’s $8.5 billion offer may seem like a lot initially, it may not appear appealing when you consider the math. The settlement plan based on our rough calculations would not pay victims much more than a median settlement of $100,000 per instance. That’s not enough.
May 15th 2023 update: J&J could be facing lawsuit from an advocacy group that represents cancer patients. Talc cancer claim. The group contends that J&J intentionally withdrew a $61.5 billion contract for funding in conjunction with its affiliate, LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group argues that this act could be interpreted as a fraudulent transfer of the right to compensation for victims. They plan to explore J&J’s actions as a result 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 in a motion reject the second bankruptcy filing from J&J company LTL Management. In the meantime, however, this bankruptcy court has issued an order requiring both sides to participate in a settlement mediation hoping that an international settlement agreement can be come to fruition.
May 5th 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products cause cancer due to asbestos exposure. Talc cancer claim. Over 2,700 individuals have sued the firm and the company was 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 apply for bankruptcy protection and argue that assets should be distributed in an equitable manner between the claimants of talc instead of being taken over in the hands of the receiver. Other talc suppliers have also filed for bankruptcy due to litigation.
May 4 2023, Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to restart talks on settlement with lawyers who rebuffed the company’s proposed $8.9 billion settlement offer. At Trenton, New Jersey yesterday, the parties appeared before a judge to discuss the next steps in this second case of bankruptcy and Judge Kaplan pushed more settlement talks.
This is the solution to settle these claims for J&J. A baby powder settlement could get done. Talc cancer claim. However, it’ll require more money – more billions of dollars of Johnson & Johnson.
Lawyers are divided on whether or not to accept the plan and not every client sees the situation the same way their lawyer does. A second bankruptcy proceeding is bound to go nowhere and Judge Kaplan has scheduled a hearing for June to determine whether to dismiss the bankruptcy for the second time.
May 3, 2023 Update A group of cancer victims suing Johnson & Johnson (J&J) asked an order from the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation surrounding talc-based products. The committee representing talc claimants has filed a motion this week requesting that the Third Circuit to consider their appeal and return the case an earlier court, with instructions to discharge the bankruptcy. Talc cancer claim. They also requested that the stoppage of tort litigation against J&J should be permitted to continue.
LTL has filed for Chapter 11 protection once again after its first bankruptcy filing was rejected by the Third Circuit earlier this year with the possibility of an $8.9 billion settlement. The committee argues that the recent ruling allowing LTL’s second 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 the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation, Erik Haas, was quoted by Bloomberg declaring that J&J plans to file a response to the appeals court characterizing the filing as a “desperate and legally inadequate plan” by a few of law firms who have conflicts of financial interests.
May 1st 2023 Update: One question people keep asking is how could plaintiffs and their attorneys turn off $8.9 billion. Of course, that’s an immense amount of money. There are a lot of victims. Talc cancer claim. These are an excellent arguments for plaintiffs. We have been reminded of this recently when two talc cases resulted in big verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon resulted in the verdict worth $18.1 million. A month later, another mesothelioma-related talc case went to trials within South Carolina and resulted in the verdict of $29 million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. One of the largest manufacturers of talc in U.S.
April 30th, 2023 Update: When J&J initially attempted to pull the lawsuit over talcum powder into bankruptcy, it came with an offer to put aside $2 billion for settlements. It was a ridiculously small amount. None of the talc plaintiffs were in favor of the offer. This time, J&J has increased the offer to $8.9 if the talc plaintiffs are willing to accept bankruptcy settlements and also has the backing of a significant segment of the talc plaintiffs as well as their lawyers. Talc cancer claim. But with 75% of plaintiffs in the talc category, which is required to approve bankruptcy plans is not an easy task with so many lawyers with massive collections of baby powder-related lawsuits, opposed towards the agreement.
What can be done to end the impasse? More billions.
April 25, 2023 update: Talc cancer claimants have sought a court order to reject their Chapter 11 case filed by LTL Management LLC, a absurdly fabricated Johnson & Johnson subsidiary, declaring that the company isn’t financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Talc cancer claim. It was the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not a candidate for bankruptcy relief because it failed to show financial trouble.
The claimants assert that LTL’s 2nd Chapter 11 case is an overreach of the bankruptcy system, and that it’s being conducted in bad faith. J&J claims the bankruptcy settlement has “significant support” from firms representing an estimated 60,000 plaintiffs. It’s safe to say that plaintiffs’ lawyers and victims ‘ lawyers are not united over this $8.9 billion offer for settlement.
April 21st, 2023 Update: A bankruptcy judge decided the company Johnson & Johnson must face new lawsuits alleging that the company sold tainted baby powder causing cancer. Even though trials for talc lawsuits are paused for at least 60 calendar days and new lawsuits are able to be filed and lawyers can begin preparing their cases. Talc cancer claim. The judge expressed skepticism over J&J’s attempt to revive its strategy with a second bankruptcy trial.
April 13th 2023: Update on the biggest update is about the $8.9 billion over 25 year period settlement offered. Lawyers representing cancer patients who are part of the MDL Class Action have pledged to fight the settlement with the talc claimants. Why? They argue that it’s not enough money for more than 70,000 cancer victims. Talc cancer claim. The lawyers say that J&J should negotiate a bigger settlement or pursue individual claims in the event that the latest bankruptcy is declared unconstitutional.
However, there is a second group of lawyers outside of the leadership group in that class action. They have amassed many thousands of cases. The group is seeking to settle now with what they believe is lower than what the victims should be paid. Their argument seems to be twofold. The first is that they claim the settlement of around 100 million dollars on average per plaintiff is fair.
It’s a difficult argument to argue. However, their second argument has more substance: the victims will not afford to wait any longer and need their money now.
April 12 2023 Update: Some people are wondering if J&J could file for bankruptcy once more. The answer is complex and confusing. But let’s try to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only option to resolve both current and future lawsuits involving talc conclusively. It thinks it can get a lower rate if there is a bankruptcy component that applies pressure to negotiate a settlement. Talc cancer claim. Going back to hundreds of years of American history, the company argues that bankruptcy benefits all parties by distributing settlements more fairly and more efficiently than trial courts which are where litigants get significant settlements while others get nothing.
The basic tenet in the 3rd Circuit decision was this is not a case – one that makes a profit, but a subsidiary to take the legal burden and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. It also clarified it was not financially trouble due to the fact that J&J offered unlimited financing.
Then J&J jumped on the unlimited funding portion of the deal but did not pledge that it would provide unlimited funds for cases. The company claims that new financing agreements with its subsidiary address the concerns of the appeals court while supplying funds for claim payments. As if offering victims less money will solve the overall issue.
Attorneys representing cancer victims who are against the agreement argue this with what you conclude is the legal argument. Talc cancer claim. They counter with legal absurdity: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s previous ruling. Hyperbole is not exempt: victims’ lawyers call this the biggest “fraudulent transaction 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 and keep pressure on plaintiffs.
April 10, 2023 update: Bloomberg provides an insightful article on a new law that has been passed in New Jersey that is shedding new light on litigation funding in the baby powder plaintiffs in the class action. Litigation funders Virage Capital Management and TRGP Capital invested in hundreds of lawsuits from Johnson & Johnson (J&J) concerning talc products in exchange for a share of any wins. J&J is now willing that it will pay $8.9 billion in settlements for all lawsuits.
The involvement of the funders is public knowledge due to a New Jersey court rule requiring the release of certain details regarding outside funding backers. The rules aim to tackle the growing demands 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 financing in mass tort cases has its pros and pros and. There is no doubt that we are witnessing how third-party funding can level the playing field for individuals and big corporations in court.
April 4 2023 Update: It is fun to watch the worm turn in this legal battle. J&J has taken another blow this week when an appeals court in the Third Circuit denied J&J’s request to extend the automatic stay during the time that J&J appeals an order granting bankruptcy at the U.S. Supreme Court. Automatic stays have stopped thousands of talcum powder cases and prevented new lawsuits from getting filed ever since J&J began the controversial plan to spin the talc debts into a bankrupt subsidiary more than one year earlier. Talc cancer claim. When it was decided that the 3rd Circuit ruled that this bankruptcy was not legal some months ago, the stay was removed. J&J was hoping to have it continue in the meantime of 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 likelihood that is that the Supreme Court is willing even to take up the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay being officially lifted, the very first new cases have been filed and transferred into the Talcum Powder class action MDL in the space of a year. Seven new talc-related lawsuits were brought into the MDL in the last month increasing the number of cases in the pending process up to 37,522.
February 25, 2023 Update This morning, a Congressmen from Tennessee is now calling for The U.S. Government Accountability Office (GAO) initiate an investigation into how much J&J products containing talc have cost the government over the decades.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the risks of its talc-based products for many years, while tax dollars were used to treat those who were injured through exposure to the product. The suit comes just a few days after J&J’s loss to the 3rd Circuit Court of Appeals.
Talc cancer claim. J&J needs to start making fair settlement offers to victims to getting this behind. It’s a mark on one of the world’s greatest businesses.
February 14 2023 Update: At an earlier hearing at the hearing 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 Talc cancer claim. 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!