You May be Entitled to Significant Compensation Asbestos tainted talc. 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 the sum of $400 million US state AGs. Asbestos Tainted Talc .
Johnson & Johnson (JNJ.N) has put aside $400 million to settle U.S. state consumer protection actions as part of its broader $8.9 billion deal to settle allegations that its Baby Powder and other talc-based products cause cancer. Asbestos tainted talc.
J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company intends to pay different types of cancer sufferers in bankruptcy settlement. Asbestos tainted talc. J&J has claimed that its Talc products are safe and do not cause cancer. It’s trying for another time to settle more than 38,000 lawsuits in bankruptcy, as well as prevent new lawsuits from being filed in the near future.
LTL’s bankruptcy plans would deposit $400 million to an additional trust to settle claims made in state courts by attorneys general claiming that J&J did not comply with state unfair business practices as well as consumer protection laws through misleading consumers about the quality of its talc products.
Several states had begun consumer protection lawsuits against J&J prior to LTL’s bankruptcy filing prevented these investigations from progressing in 2021. Asbestos tainted talc. New Mexico and Mississippi had already filed actions for damages against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative requests or subpoenas in LTL’s court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy as well as cancer patients and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. argue that a profit-making business like J&J can’t benefit from bankruptcy protections meant for those struggling with debt.
The company’s initial attempt to resolve the bankruptcy-related lawsuits was thrown out after similar arguments, when a U.S. appellate court determined in favor of LTL was not in “financial difficulty” and was not eligible under bankruptcy law. Asbestos tainted talc. LTL filed a second bankruptcy within two hours of the decision to dismiss, arguing that its second attempt was different in that there was less money available and more support for an agreement.
New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates state law enforcement authorities by trying to unilaterally cap the liability of the company for state consumer protection actions.
Asbestos Tainted Talc
LTL’s recent filings also provided more details on how the company would assess and pay for cancer claims should the bankruptcy plan be approved.
The largest amount of money under the settlement would be $500,000 to those diagnosed with cancer of the mesothelioma ovary before age 45 and $260,000 for people diagnosed with cancer of the ovary before age 45.
From there, the proposed settlement will offer discounts based on the type and severity of cancer, an individual’s age, previous using talc and other factors. Asbestos tainted talc. For instance 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 cancer of the ovary at the age of 55 may be eligible for a $21,125 payout according to the plan.
Judge ordains J&J, talc opponents to participate in settlement talks.
Following another round of hearings 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 negotiations to settle the matter, Bloomberg reports.
With its second bankruptcy attempt for LTL Management–a subsidiary established by J&J to hold the claims–the company proposed a settlement of $8.9 billion. Asbestos tainted talc. While a firm representing plaintiffs agree with the offer, another group is opposed to the offer.
The previous week, the opposition group, called the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss the case by argument that LTL is not a factor in financial hardship.
“The filing is a desperate and legally ineffective attempt by a tiny number of law firms to stop claimants from voting on the resolution plan–a plan the vast and growing majority of claimants support,” J&J’s litigation chief Erik Haas, said in an announcement. Asbestos tainted talc. “The law firms who filed these filings have interests in finance that conflict with, diverge from, and oppose the interests that their customers. We’ll soon submit a response to the appellate court.”
Asbestos tainted talc. Clay Thompson, a lawyer for MRHFM that boasts more than mesothelioma clients who have filed lawsuits against J&J, said that J&J’s second bankruptcy effort will fail.
“J&J issues press releases about how wonderful its plan is while simultaneously requesting that details of the plan, such as what the individual sick individuals would receive–be kept secret,” Thompson said in the statement. “What does the company have to cover up?”
Kaplan has directed the parties to develop a new reorganization plan, under the supervision of two mediators.
The court in February of 2022 Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that would relieve the company from the thousands of lawsuits over its talcum products.
However, in January of this year, a federal appeals court ruled against the decision, deciding that the company was not able to be considered in “financial difficulty.”
After J&J’s make an appeal before the U.S. Supreme Court was denied in April, J&J applied for its first bankruptcy roughly two hours later. In response, Kaplan froze the lawsuits for 60 days in order to determine whether to allow an additional bankruptcy.
J&J’s unstoppable profit engine goes out of control after $6.9B talc litigation charge.
In the two Chapter 11 attempts, J&J has purchased 19 months of which cases were put suspended. Asbestos tainted talc. The company would like claimants to accept their settlement. J&J needs 75% of the vote for the deal to go through.
Alongside the group of talc lawyers who criticised the company’s bankruptcy play as well, the U.S. Trustee, a branch that is part of the U.S. Department of Justice, also filed motions to dismiss LTL’s bankruptcy second case.
In a statement this week, U.S. trustee Andrew R. Vara wrote that the the bankruptcy court remain “open to honest, but naive debtors.” The doors “are not accessible to those that do not have a legitimate purpose or that seek to take advantage of the bankruptcy process to delay or hinder their creditors.” Vara continued.
In its own words, J&J maintains there is no evidence conclusive that its products containing talc, such as the famous baby powder, cause cancer. J&J has adopted the products of the market first on North America in 2020–and the rest of the world later this year.
J&J intends to steer clear of the costly business of going to court. It has won most of the cases that have been decided in court, however certain losses have been extremely harsh.
A highly-publicized trial in Missouri produced a $4.7 billion verdict against the drug maker, which 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 talc trials that are either in appeal or decided. In 41 trials 32 ended with an outcome for J&J either through a mistrial or verdict of a plaintiff annulled on appeal. Asbestos tainted talc. Additionally, the company in 2020 moved to settle more than 1000 cases at a cost of $100 million, Bloomberg published at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Asbestos Tainted Talc
Our lawyers are handling baby powder lawsuits in every state. The talcum powder lawsuits for Johnson & Johnson have been in the process for several years. Asbestos tainted talc. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in products such as baby Powder along with Shower to Shower as well as other products, may 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 will impact the final settlement amount in the cases of ovarian cancer.
Is the deadline for you to bring a talcum lawsuit? Many who assume the deadline has passed to sue Johnson & Johnson are wrong. Call us at 800-553-882 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Asbestos Tainted Talc
June 2, 2023 Update: During the trial for asbestos-containing talc in California yesterday, a couple of technical issues disrupted the opening statement by the defense lawyers. Asbestos tainted talc. Jurors watching from home via Zoom and hearing the Johnson & Johnson’s lawyer voice his doubt about the science of the 70s affirming the presence of asbestos in their product, but the opening was abruptly ended.
In the meantime, the plaintiff was able to introduce their first witness, Arthur Langer. Langer explained that the existence of other minerals in the talc mineral is a given. He testified that his team was notified by J&J in 1971 of the presence of asbestos chrysotile in the talc produced by the company, although in just 0.1 percent. He also discovered more asbestos in 1976.
June 1st, 2023 Update Asbestos tainted talc. First trial after J&J has decided to separate its Talc division, and then declare bankrupt is a pivotal moment in the ongoing talc litigation story. The trial started yesterday in the poignant case of a young 24-year-old plaintiff, diagnosed with a rare and aggressive type of mesothelioma last year, a diagnosis lawyers on both sides acknowledge is a harrowing tragedy.
Opening statements revealed stark differences in each side’s narrative. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging the use of deceitful techniques in its research practices and throughout the litigation process. As per the lawyer Johnson & Johnson tried to alter the definition of asbestos, in spite of internal documents dating from between 1978 and 1994 that showed fibers discovered in the tissue of the plaintiff are included.
Johnson & Johnson’s uncertain $8.9 billion settlement offer hangs in the balance with the development of the trial. Despite the distinct nature of this mesothelioma case and its unique challenges compared to other talcum powder lawsuits and a decision in favor of the plaintiff could be an enormous setback for J&J’s hopes of broad acceptance of their proposed settlement among plaintiffs.
May 31st 2023: Update from Johnson and Johnson’s bankrupt talc business vigorously defended their second Chapter 11 filing in the in the face of challenges from victims of talc injuries. In an objection submitted to the New Jersey bankruptcy court, the company argued that the filing was vastly different from the first filing. It also emphasized the unprecedented commitment of $8.9 billion to J&J which is the largest settlement ever made in an bankruptcy case involving mass torts. Asbestos tainted talc. Not mentioned: how the magnitude of the settlement signifies that it’s an equitable settlement. J&J also claimed support from a variety of plaintiffs’ law firms representing over the 60,000 plaintiffs. This is hard to verify but is probably incorrect.
May 24, 2023 Update: Since Johnson &J Johnson’s bankruptcy filing, the very first trial on the cosmetic talc products it claims to that contain asbestos is scheduled to start jury selection on Monday in California with Alameda County Superior Court, which is a well-known court for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure in J&J’s product and that the company does not deny. The trial also includes six retailers who are accused of selling talc-containing 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 post of the future claims representative, an important role essential to the resolution of the talc claims. Asbestos tainted talc. Randi Ellis, a lawyer who regularly appears in MDLs throughout the United States was appointed the claims representative in the initial bankruptcy. J&J’s defense group wants Ellis to be appointed to that role again, but lawyers for the talc plaintiffs are protesting to the claim that Ellis has a conflict of interest that should prevent her from holding that position in the future. The issue stems from the issue that Ellis was believed to have been involved in the creation of the hotly contested second bankruptcy, raising doubts about her capability to remain neutral. The reality is this bankruptcy is likely to be dismissed regardless.
May 17, 2023 Update: The fake company J&J formed for the talc bankruptcy has informed an New Jersey bankruptcy court that they have set aside $400 million to settle the claims made by states accusing the company of misleading advertising for its talc product. Asbestos tainted talc. That’s an $8.5 billion settlement for cancer patients. It is hard to imagine the scenario in which J&J will be able to push these baby powder settlements through given these numbers. Although J&J’s $8.5 billion offer sounds like a huge sum initially, it will not look good after you calculate the figures. The proposed settlement based on our rough calculations would not provide victims with much more than an average settlement $100,000 per case. That’s not enough.
May 15th, 2023, Update J&J is potentially facing a lawsuit brought by an advocacy group representing cancer victims. Asbestos tainted talc. The group claims J&J deliberately retracted an $61.5 billion fund-raising agreement that it had with its company subsidiary LTL Management LLC, to create the appearance of financial hardship and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action is equivalent to a fraudulent transfer of rights of compensation for victims. They are planning to study J&J’s actions following of the dismissal of LTL’s first bankruptcy suit.
May 10 2023 Update: The following week this week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to dismiss the second bankruptcy filing that was filed by J&J subsidiary LTL Management. In the meantime the bankruptcy has issued an Order calling for both parties to participate in a second settlement mediation hoping that it will be possible to reach a global settlement agreement reached.
May 5 2023 Update: The talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. Asbestos tainted talc. Over 2,700 people have sued the company and it is spending $1 million a month on legal defense. The company’s recent $29 million verdict that was handed down in South Carolina forced it to apply for bankruptcy protection and argue that assets should be distributed in an equitable manner to talc claimants, rather than being seized from the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of the litigation.
May 4 2023, Update U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to restart talks on settlement with lawyers who have rejected the proposed $8.9 billion deal. The court in Trenton, New Jersey yesterday the parties appeared in court to discuss the next steps to take in their second bankruptcy matter. Judge Kaplan was pushing for more settlement discussions.
This is the solution to settle these claims for J&J. A baby powder settlement can be made. Asbestos tainted talc. But it’ll need more money – billions of dollars – coming from Johnson & Johnson.
Lawyers are divided on whether to take the proposal or not and not all clients view the issue in the same manner their lawyer sees it. A second bankruptcy proceeding is expected to fail, and Judge Kaplan has scheduled a hearing for June to decide if he will remove the bankruptcy after the second.
May 3, 2023 Update: A group representing cancer victims suing Johnson & Johnson (J&J) demanded that they request that the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to derail litigation regarding talc-related products. The committee representing talc claimants submitted a motion on Tuesday, asking to the Third Circuit to consider their appeal and return the case an earlier court, with instructions for dismissing the bankruptcy. Asbestos tainted talc. The committee also requested that the stoppage of tort litigation against J&J allow the litigation to continue.
LTL filed for Chapter 11 protection once again after its bankruptcy filing was rejected by the Third Circuit earlier this year and offered the possibility of an $8.9 billion settlement. The committee believes that the recent ruling allowing LTL’s second Chapter 11 to continue, and also stopping trials against J&J and J&J, requires an immediate Third Circuit review. The US Trustee has also 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 response in the appeals court, characterizing the filing as an “desperate and legally inadequate move” by a handful of law firms who have competing financial interests.
May 1 2023 Update: A question people keep asking is how the plaintiffs’ lawyers and their clients turn down $8.9 billion. Of course, that is an immense amount of money. There are a lot of victims. Asbestos tainted talc. They are a great claims for plaintiffs. We were reminded of this last week when two talc cases resulted in big verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon resulted in an award of $18.1 million. A month later, another mesothelioma talc case was brought to hearing in South Carolina and resulted in a verdict of $29 million to the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc., one of the largest suppliers of talc in the U.S.
April 30th 2023 Update: When J&J initially attempted to pull the talcum powder litigation into bankruptcy, it was met with the option of putting aside $2 billion to settle the case. It was a ridiculously small amount. The talc plaintiffs had not were in favor of the proposal. This time, however, J&J has increased the offer to $8.9 If the talc plaintiffs agree to a bankruptcy settlement and they have the support of a substantial part of the talc-related plaintiffs as well as their lawyers. Asbestos tainted talc. But 75% of the plaintiffs who are a talc, which is necessary for bankruptcy plan approval is not an easy task because of the number of lawyers who have vast inventory of baby powder-related lawsuits, opposed in favor of the deal.
What could solve the impasse? More billions.
April 25, 2023 update: Talc cancer claimants have requested a judge to reject their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, saying the company is not financially strained. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Asbestos tainted talc. LTL was denied Chapter 11 in January. 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 stress.
The claimants argue that the 2nd Chapter 11 case is an fraud on the bankruptcy system, and that it’s being conducted in bad faith. J&J asserts that the bankruptcy settlement is backed by “significant support” from firms representing around 60,000 plaintiffs. It’s fair to say that the plaintiffs’ attorneys and victims ‘ lawyers are divided on 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 tainted baby powder causing cancer. Even though trials for Talc lawsuits are suspended for at least 60 days but new lawsuits can be filed, and lawyers can begin preparing their cases. Asbestos tainted talc. The judge expressed his doubts about J&J’s pathetic attempt to revive its strategy with the second bankruptcy case.
April 13 2023 Update: most important update is about the $8.9 billion over 25 years of settlement. Lawyers representing cancer patients involved in MDL class action MDL Class Action have promised to challenge the settlement talc claimants. Why? They think it is not enough to pay for 70,000 victims who have cancer. Asbestos tainted talc. These lawyers believe that J&J should seek a bigger settlement or settle individual claims if the most recent bankruptcy is thrown out.
But there is another lawyer group that isn’t part of the leadership group in that class action. These lawyers have amassed hundreds of thousands of cases. This group wants to settle today in what many believe to be lower than what the victims should be paid. Their argument is two-fold. 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 prove. However, their second argument has more substance: the victims will no longer wait and want their money today.
April 12, 2023 Update: People are asking how J&J is able to file for bankruptcy again. The answer is complicated and confusing. Let’s try to simplify it clearly.
Johnson & Johnson asserts that bankruptcy is the only way to settle both present and future talc-related lawsuits definitively. It believes that it will be less expensive should there be the bankruptcy element which applies pressure to settle. Asbestos tainted talc. Going back to 400 years of American history, the company believes that bankruptcy is beneficial to all parties because it distributes settlements more equally and efficiently than trial courts, in which some litigants receive substantial awards while others receive nothing.
The essence of the 3rd Circuit decision was this isn’t a case that involves a profitable company making a subsidiary to take the legal risk and declare bankruptcy, which is what Congress had in mind when it came to drafting the Bankruptcy Code. However, it also stated the company was financially crisis because J&J promises unlimited funding.
Thus, J&J took advantage of the unlimited funding portion of the deal and didn’t promise that it would provide unlimited funds for the litigation. The company says that its modified financing arrangements with its subsidiary addresses the concerns of the appeals court while offering claim payment funds. In the hope that offering victims lower amounts of money would resolve the overall issue.
Lawyers representing cancer patients who do not agree with the agreement counter this with what you conclude is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s ruling. Hyperbole was not spared the lawyers representing victims call it the largest “fraudulent transfer that has occurred in United States history.”
In spite of the legal jargon, J&J does not really believe this bankruptcy will be able to last. But it is a way to push for this $8.9 billion settlement, and to keep pressure on plaintiffs.
April 10 2023 update: Bloomberg provides an insightful piece on a law that has been passed in New Jersey that is shedding new light on the funding of litigation in the Class action suit. Funders for litigation 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 profits. J&J has now offered to pay $8.9 billion to settle all lawsuits.
The involvement of the funders is made public because of a New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The law is designed to tackle the growing demands for the regulation of lawsuit funders. J&J is facing more than 60,000 claims when you combine federal and state child powder-related lawsuits. Third-party funding of mass tort cases has both pros and cons. There is no doubt that we are seeing how third-party funding could level the playing field between individuals and large corporations in court.
April 4 2023 Update: It’s enjoyable to see the worm turn in this legal battle. J&J was hit again this week when an appeals court in the Third Circuit denied J&J’s request to continue the automatic stay while J&J appeals an appeal to the U.S. Supreme Court. The automatic stay has stopped thousands of talcum cases and stopped new lawsuits from arising ever since J&J launched the controversial attempt to spin the talc liability off into a bankrupt company over one year back. Asbestos tainted talc. After the 3rd Circuit ruled that this bankruptcy was invalid a few months ago, the stay was removed. J&J wanted to see it continue in the meantime of hearing the SCOTUS appeal. But, no.
April 1, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. There is a chance that for 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 have been filed and transferred into the class action involving talcum powder MDL in over one year. Seven new talc-related lawsuits were brought into the MDL during the month of March which brings the total number of cases pending 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 to determine how much J&J Talc products have cost the government over the many years.
In a recent letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of ignoring the dangers of its talc-based products for years while tax dollars were spent on treating people who suffered injuries from exposure to the chemicals. The demand comes just weeks after J&J’s significant loss in the 3rd Circuit Court of Appeals.
Asbestos tainted talc. J&J needs to start making reasonable settlement proposals for victims in order the process of putting all this behind it. This is a disgrace to one of the world’s greatest businesses.
February 14 2023 Update: During the hearing held today in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the ruling of 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Asbestos tainted talc. 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!