You May be Entitled to Significant Compensation Talc lawsuit update. 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 make payments of $440 million US state AGs. Talc Lawsuit Update .
Johnson & Johnson (JNJ.N) has set aside $400 million to settle U.S. state consumer protection actions as part of its broader $8.9 billion plan to settle claims that its Baby Powder and other talc ingredients cause cancer. Talc lawsuit update.
J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm plans to pay different kinds of cancer victims as part of a bankruptcy settlement. Talc lawsuit update. J&J has stated that its products containing talc are safe and don’t cause cancer. It’s trying for an additional time to conclude more than 38,000 cases in bankruptcy and stop new cases from being filed in the near future.
LTL’s bankruptcy plans would deposit $400 million to a separate trust for claims made in state courts by attorneys general claiming that J&J did not comply with states’ unfair practices and consumer protection laws by misinforming consumers about the safety of its talc products.
A number of states had already initiated consumer protection measures against J&J before LTL’s first bankruptcy filing prevented these investigations from taking place in 2021. Talc lawsuit update. New Mexico and Mississippi had already launched actions for damages against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas, according to LTL’s court filings.
New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy in a joint move with cancer victims and their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a profitable company like J&J cannot benefit from bankruptcy protections meant for the struggling debtors.
The first attempt by LTL to resolve the lawsuits in bankruptcy was dismissed after similar arguments. A U.S. appeals court ruled it was not LTL did not have “financial difficulty” and thus not eligible to receive bankruptcy relief. Talc lawsuit update. LTL made a new bankruptcy application in just two hours following the dismissal, arguing its second attempt was different in that there was less money available and more backing for the settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s latest bankruptcy violation of state law enforcement authorities by attempting unilaterally to cap LTL’s liability to state consumer protection actions.
Talc Lawsuit Update
LTL’s new filings also included more details on the way in which the company will evaluate and pay cancer claims if the bankruptcy plan is approved.
The largest amount of money under the settlement will be $500,000 for people diagnosed with terminal mesothelioma before age 45, and $260,000 for patients diagnosed with terminal ovarian cancer prior to age 45.
The proposed settlement applies discounts depending on the kind and severity of the cancer, the person’s age, previous usage of talc and other variables. Talc lawsuit update. For instance the case of a woman who used talc products weekly, had an ovarian cancer family history, cancer, and was diagnosed with stage II ovarian cancer when she was 55 may be eligible to receive a payment of $21,125 under the settlement plan.
Judge orders J&J and talc opponents to discuss settlement negotiations.
After another round of hearings in Johnson &Johnson’s attempt to utilize 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 talks to reach a settlement, Bloomberg reports.
With its second bankruptcy attempt for LTL management, a subsidiary founded by J&J to hold the claims–the company made a settlement offer of $8.9 billion. Talc lawsuit update. While one firm representing plaintiffs agree with the offer, another group opposes the move.
In the last week, an opposition group, called”the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss the case asserting that LTL can not be considered in financial hardship.
“The filing is an incredibly legal and ineffective attempt by a few of law firms to try to block claimants from voting on the resolution, which the vast majority of claimants support,” J&J’s litigation chief Erik Haas, said in a statement. Talc lawsuit update. “The law firms involved in their filing are financially oriented and have conflicts that conflict with, diverge from, and infringe on the rights which their clientele. We’ll be submitting an answer an appeal to the appellate court.”
Talc lawsuit update. Clay Thompson, a lawyer for MRHFM which has more than 80 mesothelioma victims who have filed lawsuits against J&J claimed that J&J’s second bankruptcy attempt will fail.
“J&J sends out press releases about how great its plans are, but is insisting that the plan’s details, including what individual sick people would actually be treated to,” Thompson said in an email. “What do J&J have to keep secret?”
Kaplan has instructed both sides to come up with another restructuring plan, with the oversight from two mediators.
In February 2022, Kaplan confirmed J&J’s use of Chapter 11 to hasten a settlement that will free the company from the hundreds of thousands of claims over its talcum products.
In January of this year an appeals court of the federal government overturned the decision, deciding that the company was not able to be considered in “financial financial distress.”
When J&J’s attempt to appeal to the U.S. Supreme Court was denied in April, J&J applied for its first bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to grant the second bankruptcy.
J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.
Through Two Chapter 11 attempts, J&J has been able to buy 19 months in which cases have been on hold. Talc lawsuit update. J&J wants the claimants to take a vote to accept their settlement. J&J needs 75% acceptance for the settlement to be approved.
In addition to the gang of talc lawyers who panned the bankruptcy of the company in the U.S. Trustee, the U.S. Trustee, a branch of the U.S. Department of Justice was also the one to file an appeal to dismiss the second bankruptcy case of LTL.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest, but naive debtors.” These doors “are not open to any parties that don’t have a legitimate bankruptcy goal or who seek to abuse the bankruptcy process to delay or hinder their creditors,” Vara continued.
On the other hand, J&J maintains there is no definitive evidence to suggest that its products containing talc, such as the famous baby powder, can cause cancer. J&J has taken the products of the market first in North America in 2020–and the rest of the world next year.
J&J seeks to avoid the cost of going to trial. It has won the majority of the cases decided at trial, but some losses have been punishing.
A well-known trial in Missouri ended in a $4.7 billion verdict against the drug maker and was later lowered 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 being appealed or resolved. Of the 41 trials, 32 have ended in a win by J&J or a mistrial, or verdict for a plaintiff that was reversed on appeal. Talc lawsuit update. Additionally, the company in 2020 negotiated to settle more than 1,000 cases for the sum of $100 million. Bloomberg announced at that time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Lawsuit Update
Our lawyers are handling baby powder lawsuits in every state. The lawsuits involving talcum powder on behalf of Johnson & Johnson have been ongoing for many years. Talc lawsuit update. The lawsuits allege that prolonged use of talcum powder (or “talc”), the active ingredient in many products, including the Baby Powder along with Shower to Shower and Shower to Shower, could cause cancer of the ovary in certain women.
This page gives a J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling affects the final settlement amount in the ovarian cancer lawsuits.
Has the deadline passed for you to file a talcum powder lawsuit? Many who believe the deadline has passed to file a lawsuit against Johnson & Johnson are wrong. Contact us now at 800-553-8082 or request a no-cost and quick review of your case online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Lawsuit Update
June 2, 2023 Update: During an asbestos talc court trial held which took place in California yesterday, some technical issues interrupted the opening statements of the defense lawyers. Talc lawsuit update. The jurors, attending at home via Zoom and hearing the Johnson and Johnson’s lawyer express doubt about the 70s research affirming the presence of asbestos in their product, but the opening was abruptly ended.
The plaintiff was able to introduce the first of their witnesses, Arthur Langer. Langer stated that the presence of additional minerals along with the talc’s mineral content is inevitable. He also testified that his team was notified by J&J in the year 1971 about the presence of asbestos chrysotile in the company’s talc, albeit in just 0.1 percent. He also found more asbestos in the year 1976.
June 1st, 2023 Update: Talc lawsuit update. First trial after J&J took the decision to disband its Talc section and declaring bankruptcy marks an important point in the ongoing talc litigation controversy. Trial began yesterday in the harrowing trial of a young plaintiff, diagnosed with a rare and aggressive form of mesothelioma last year. a diagnosis lawyers on both sides agree is a tragedy of a different kind.
Opening statements laid bare stark differences in each side’s narrative. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging that the company employed deceitful tactics in research practices and throughout the litigation process. As per the lawyer Johnson & Johnson tried to alter asbestos’ definition, despite internal documents from 1998 and 1994 that show fibers discovered in the plaintiff’s tissue are included.
Johnson & Johnson’s precarious $8.9 billion settlement proposal hangs in the balance as we progress of this trial. Despite the distinct nature of this mesothelioma-related case and its unique challenges compared to other talcum powder lawsuits, a verdict favoring the plaintiff could cause a serious setback to J&J’s hopes of broad acceptance of their proposed settlement among plaintiffs.
May 31st 2023 Update: Johnson and Johnson’s bankrupt talc business is defending it’s 2nd Chapter 11 filing in the facing challenges from injured talc claimants. In an objection submitted to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the situation differed fundamentally from the first filing. It highlighted the extraordinary commitment of $8.9 billion to J&J as the largest ever settlement in the history of a mass tort bankruptcy. Talc lawsuit update. There was no mention of how the amount of the settlement signifies that it’s a fair settlement. J&J also claimed support from various plaintiffs’ law firms representing more than 600,00 claimants. This is not easy to confirm however it is likely to be incorrect.
May 24 2023 Update: In the wake of Johnson & Johnson’s 2021 bankruptcy filing, the very first trial involving its cosmetic talc items allegedly that contain asbestos is scheduled to begin jury selection on Monday, California in Alameda County Superior Court, a historically good location for plaintiffs. The plaintiff claims that his mesothelioma is the result of asbestos exposure in J&J’s product, an allegation that the company has denied. 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 fighting over who should be appointed to the role of the future claims representative, a role that is critically critical to resolving talc claims. Talc lawsuit update. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation, was appointed as the claims representative in the initial bankruptcy. J&J’s defense group wants Ellis to be appointed in that position yet again, but the lawyers for the talc plaintiffs are protesting because Ellis has an unrelated conflict of interest which would prohibit her from holding that position for the second time. The conflict stems from the fact that Ellis was involved in drafting the hotly contested second bankruptcy, which raises questions about her capacity to be neutral. The reality is the bankruptcy will be tossed out anyway.
May 17th, 2023 Update: The pretend company that J&J put together for the talc bankruptcy informed the New Jersey bankruptcy court that they have designated $400 million to pay the claims brought by states accusing the company of misleading advertising for its talc-based products. Talc lawsuit update. So that makes it an $8.5 billion settlement for cancer victims. It’s difficult to envision an eventuality where J&J can push these settlements for babies given these numbers. While J&J’s $8.5 billion offer might seem like a lot of money initially, it will not look good when you do the math. This settlement offer based on our rough calculations would not be able to pay victims more than an average settlement $100,000 per instance. It’s not enough.
May 15th, 2023 update: J&J could be facing lawsuit brought by an advocacy group representing cancer patients. Talc lawsuit update. The group claims that J&J deliberately withdrew a $61.5 billion funding agreement in conjunction with its affiliate, LTL Management LLC, to simulate financial stress and verify the unit’s Chapter 11 bankruptcy filing. The group claims that this move could be interpreted as a fraudulent transfer of the right to compensation for victims. They are planning to study J&J’s actions in the wake of the dismissal of the LTL’s bankruptcy case in its first instance.
May 10 2023 Update: Next week next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to reject the second bankruptcy filing by J&J subsidiary LTL Management. In the meantime the bankruptcy has issued an order that requires both parties to take part in a new settlement negotiation to see if it will be possible to reach a global settlement agreement come to fruition.
May 5 2023 Update: The talc manufacturer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer due to asbestos exposure. Talc lawsuit update. Over 2,700 people have sued the firm and it has been paying $1 million per month to defend itself. The company’s latest $29 million verdict on the state of South Carolina forced it to file for bankruptcy protection, arguing for an equitable distribution of assets between talc claimants rather than being taken by 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 resume settlement discussions with lawyers who have rejected the company’s proposed $8.9 billion agreement. At Trenton, New Jersey yesterday the parties gathered in court to discuss the next steps to take in another bankruptcy proceeding and Judge Kaplan encouraged further settlement talks.
This is the way to settle these claims for J&J. The baby powder settlement is likely to be made. Talc lawsuit update. However, it’ll require more money – more billions of dollars – from Johnson & Johnson.
Lawyers are split on whether to take the proposal or not and not every client sees the situation the same way their lawyer sees it. Second bankruptcy cases are destined to fail the judge Kaplan has set a date for a hearing in June to determine whether to dismiss the bankruptcy for the second time.
May 3, 2023 Update: A group of cancer victims who are suing Johnson & Johnson (J&J) asked an order from J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail the litigation involving talc products. The group representing the claimants made a motion Tuesday, asking for the Third Circuit to consider their appeal and return the case an earlier court, with instructions for dismissing the bankruptcy. Talc lawsuit update. They also requested that the halted tort litigation against J&J should be permitted to continue.
LTL has filed for Chapter 11 protection once again following its bankruptcy filing that was rejected by the Third Circuit earlier this year, offering an $8.9 billion payment. The committee argues that the recent decision allowing LTL’s second Chapter 11 to continue, and also stopping trials against J&J, warrants the immediate Third Circuit review. The US Trustee requested the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation Erik Haas, was quoted by Bloomberg declaring that J&J intends to file a response to the appeals court calling the request a “desperate and legally insufficient plan” by a handful of law firms that have competing financial interests.
May 1 2023 Update: One frequently asked question is how could plaintiffs and their lawyers be able to turn on $8.9 billion. That’s of course quite a sum. However, there are lots of victims. Talc lawsuit update. These are actually a good arguments for plaintiffs. We were reminded of this recently by two talc-related trials that led to huge verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon resulted in an award worth $18.1 million. A month later, another mesothelioma trial involving talc was held for the court 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 top manufacturers of talc in U.S.
April 30th, 2023 Update: When J&J initially tried to take the talcum powder litigation into bankruptcy, it was met with an offer to set aside $2 billion for settlements. It was a ridiculously small amount. The talc plaintiffs had not were in favor of the proposal. However, this time, J&J has increased the offer to $8.9 for talc-related plaintiffs if they are willing to accept bankruptcy settlements and also has the support of a substantial part of the talc-related plaintiffs and their attorneys. Talc lawsuit update. However, 75% of talc plaintiffs, which is required for bankruptcy plan approval is not an easy task due to the sheer number of lawyers with huge collections of baby powder litigations opposed to the settlement.
What can be done to end the impasse? More billions.
April 25 2023 Update Talc plaintiffs have demanded a judge disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, insisting that the company is not financially strained. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc lawsuit update. The 3rd Circuit dismissed its first Chapter 11 case in January, saying LTL was not a candidate for bankruptcy relief as it failed to show financial stress.
The claimants contend that LTL’s Second Chapter 11 case is an misuse of the bankruptcy system, and that it’s being pursued in bad faith. J&J states that the bankruptcy settlement has “significant backing” from the firms that represent an estimated 60,000 people who are claiming. It is fair to say that lawyers representing plaintiffs and victims ‘ lawyers are not united over the $8.9 billion settlement offer.
April 21st, 2023 Update A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits alleging that the company sold a baby powder that contained a chemical that causes cancer. Even though trials for Talc lawsuits are suspended for at least 60 days, new lawsuits can be filed and lawyers will begin preparing their cases. Talc lawsuit update. Judges expressed doubt about J&J’s pathetic attempt to revive its strategy with a second bankruptcy case.
April 13th, 2023 update: the major story is that there’s an $8.9 billion over 25 years settlement offer. Lawyers representing cancer victims who are part of the MDL Class Action have pledged to fight the settlement alongside those who claim talc. Why? They argue that it’s too little money for the 70,000 victims who have cancer. Talc lawsuit update. These lawyers believe that J&J should negotiate a bigger settlement or pursue individuals’ claims if the current bankruptcy is thrown out.
But there is another group of lawyers that is not part of the leadership in the class action. The lawyers collectively have accumulated hundreds of thousands of cases. The group is seeking to settle now for what is believed to be less than the victims deserve. Their argument is twofold. The first is that they claim the settlement of around the equivalent of $100,000 per plaintiff – is fair.
It’s a difficult argument to present. The second argument is more substance: the victims will now not wait and they want the money immediately.
April 12, 2023 Update: People are looking for ways J&J can file for bankruptcy again. The answer is complex and complex. Let’s try to simplify it in simple terms.
Johnson & Johnson asserts that bankruptcy is the only means to settle both present and future talc-related lawsuits definitively. In other words, it thinks it will pay less in the event of an element of bankruptcy that puts pressure to settle. Talc lawsuit update. Going back to hundreds of years of American time, the business claims that bankruptcy benefits all parties because it distributes settlement payments more evenly and effectively than trial courts, where litigants are awarded significant award while others do not.
The basic tenet in the 3rd Circuit decision was this is not a matter of the profit-making company that has subsidiaries to meet the legal responsibility and declare bankruptcy – Congress thought of when drafting its Bankruptcy Code. However, it also stated that the subsidiary was not financially crisis due to the fact that J&J promises unlimited funding.
Thus, J&J jumped on the unlimited funding portion of the agreement and did not promise that it would provide unlimited funds for cases. The company claims that its revised financing arrangements with its subsidiary address appeals court’s concerns, while offering claim payment funds. In the hope that offering victims lesser money could solve the overall issue.
Attorneys representing cancer patients who oppose the deal counter the agreement with what is countering legal nonsense legal absurdity: J&J fraudulently transferred $50 billion in assets to LTL Management to circumvent the appeals court’s previous ruling. Hyperbole was not spared: victims’ lawyers call it the most significant “fraudulent transfer ever in United States history.”
In spite of the legal jargon, J&J does not really think that the bankruptcy will endure. But it’s a way of trying to push this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10 2023 update: Bloomberg offers an informative article about a new law of New Jersey that is shedding new light on the funding of litigation in the baby powder class action lawsuit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) on behalf of talc products. They exchanged for a share of any profits. J&J is now offering the payment of $8.9 billion to settle all lawsuits.
The involvement of funders is publicly available due to the New Jersey court rule requiring the disclosure of certain information about outside funding backers. The rule aims to address the rising calls for regulation of the litigation funders. J&J faces over 60,000 claims when you include federal and state baby powder lawsuits. Third-party funding in mass tort claims has its pros and pros and. However, there is no doubt that we are witnessing the ways that third-party funding can even the playing field for individuals as well as large corporations in court.
April 4 2023 Update: It’s fun to watch the worm turning in this litigation. J&J suffered another setback this week when an appeals court in the Third Circuit denied J&J’s request to continue the automatic stay in the meantime that J&J appeals a bankruptcy decision at the U.S. Supreme Court. This automatic stay halted thousands of talcum cases and stopped new lawsuits from getting filed ever since J&J initiated the controversial effort to spin talc-related liabilities into a bankrupt subsidiary over a year ago. Talc lawsuit update. After the 3rd Circuit ruled that this bankruptcy was not legal a few months ago, the stay was lifted. J&J was hoping to have it stayed in place until hearing the SCOTUS appeal. But, no.
April 1st, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The chance of the Supreme Court is willing even to take up the appeal? Low.
March 16 2023 Update: with the bankruptcy stay being officially lifted, the first new cases were filed and incorporated into the class action for talcum powder MDL in over one year. Seven new talc-related lawsuits were brought into the MDL over the last month, bringing the total 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 the amount J&J products containing talc have cost the government in the decades.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) accused J&J of failing to recognize the dangers of its talc-based products for many years, while tax dollars were spent on treating people who suffered injuries from exposure to the products. The demand comes just weeks after J&J’s major loss in the 3rd Circuit Court of Appeals.
Talc lawsuit update. J&J must begin making reasonable settlement proposals to victims, in order to put all of this behind. It is a stain on one of the top firms.
February 14 2023 Update: In the hearing held today 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 lawsuit update. 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!