Breathing Talc Is Dangerous – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Breathing talc is dangerous. 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 settlement for talc would provide 400 million dollars to US state AGs. Breathing Talc Is Dangerous .

Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of its broader $8.9 billion plan to settle allegations that its Baby Powder and other talc product causes cancer. Breathing talc is dangerous.

J&J company 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 a bankruptcy settlement. Breathing talc is dangerous. J&J has declared that its Talc products are safe, and do not cause cancer. J&J is seeking the second time to end more than 38,000 lawsuits brought in bankruptcy and prevent new cases from being filed in the future.
LTL’s bankruptcy plan would pay $400 million to an additional trust to settle lawsuits filed by state attorneys general alleging that J&J violated laws against unfair business practices in the State of New York and consumer protection laws through misleading consumers regarding the dangers of its talc products.

Some states had started consumer protection lawsuits against J&J prior to LTL’s bankruptcy filing stopped these investigations from proceeding in 2021. Breathing talc is dangerous. New Mexico and Mississippi had already initiated lawsuits in the past against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued subpoenas or civil investigative demands in LTL’s court filings.

 

 

New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished in a joint move with cancer victims as well as the U.S. Justice Department’s bankruptcy watchdog. They argue that a profit-making company like J&J is not eligible for bankruptcy protections aimed at struggling debtors.
LTL’s first attempt at resolving the lawsuits in bankruptcy was dismissed following similar arguments. The U.S. appellate court determined that LTL had not been in “financial trouble” and ineligible under bankruptcy law. Breathing talc is dangerous. LTL filed a second bankruptcy less than two hours after that dismissal, arguing that its second attempt was different due to the fact that it was able to borrow less and more backing for the possibility of settling.

New Mexico and Mississippi said in their motion for dismissal that LTL’s new bankruptcy violates the law enforcement powers of the state by seeking to unilaterally limit the company’s liability for state consumer protection actions.

 

Breathing Talc Is Dangerous

LTL’s recent filings also provided more information about how the company plans to evaluate and settle cancer claims when the bankruptcy plan is approved.

The most significant payments under the settlement would be $500,000 for those diagnosed with terminal mesothelioma before age 45 and $260,000 for those diagnosed with ovarian cancer that is terminal prior to age 45.

From there, the proposed settlement offers discounts based on the nature and severity of the cancer, the person’s years of age, their history of using talc and other factors. Breathing talc is dangerous. For example an individual who was using daily talc products, had an ancestral history of ovarian cancer, and was diagnosed with the stage 2 ovarian cancer at age 55 may be eligible for a $21,125 payment under the program.

Judge ordains J&J, talc opponents to take part in settlement talks.

Following another hearing in Johnson & Johnson’s effort to employ a Texas Two Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the firm and the people who opposed the move to conduct negotiations to settle the matter, Bloomberg reports.

With its second bankruptcy attempt for LTL Management, a subsidiary created by J&J to hold the claims–the company proposed a settlement of $8.9 billion. Breathing talc is dangerous. While a group of law firms representing plaintiffs agree with the proposal, another group is opposed to the offer.

This week, the opposition group, which is known as the Official Committee of Talc Claimants requested the bankruptcy court to dismiss the case by saying that LTL cannot be regarded as to be in financial trouble.

“The filing is an incredibly legal and ineffective attempt by a handful of law firms to try to stop claimants from deciding on the resolution plan – a plan the vast and growing majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Breathing talc is dangerous. “The law firms who filed the filing are pursuing financial interests which do not align with, contradict and oppose the interests of their clients. We’ll submit an answer to the appellate court.”

Breathing talc is dangerous. Clay Thompson, a lawyer for MRHFM which includes more than mesothelioma victims who have sued J&J and J&J, has said that the company’s second bankruptcy try is likely to fail.

“J&J issues press releases about how wonderful its plans are, but is demanding that plan details–including what individuals with illnesses would receive — be kept private,” Thompson said in the statement. “What is J&J’s plan to keep secret?”

 

 

Kaplan has directed the parties to create a arrangement plan under the oversight and supervision of mediators.

The court in February of 2022 Kaplan acknowledged J&J’s use of Chapter 11 to hasten a settlement that would release the company from the hundreds of thousands of claims regarding its talcum products.

But in January of this year, an appeals court of the federal government overturned the decision, ruling that the business could not be considered in “financial trouble.”

In the event that J&J’s request to make an appeal before the U.S. Supreme Court was turned down in April, J&J applied for its first bankruptcy two hours later. In response, Kaplan froze the lawsuits for 60 days in order to determine whether to grant to file for bankruptcy again.

J&J’s unstoppable profit engine sputters after $6.9B talc litigation charge.

With the Two Chapter 11 attempts, J&J has purchased 19 months of which cases were placed in limbo. Breathing talc is dangerous. The company would like claimants to accept their settlement. J&J requires 75% approval for the deal to pass.

In addition to the gang of talc attorneys who have panned the company’s bankruptcy play in the U.S. Trustee, the U.S. Trustee is an arm that is part of the U.S. Department of Justice, also filed an appeal to dismiss LTL’s second bankruptcy.

In a letter filed this week, 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 that lack a legitimate bankruptcy objective or seek to take advantage of the bankruptcy process to hinder or delay their creditors.” Vara continued.

For its part, J&J maintains there is no definitive evidence to suggest that its Talc products, which includes its popular baby powder cause cancer. J&J has taken its products off of the market, first to be available in North America in 2020–and the rest of the world later this year.

J&J is determined to stay clear of the costly business of going to trial. J&J has won the majority of cases that have been resolved during trial, however, certain losses have been severe.
A high-profile trial in Missouri ended in an $4.7 billion verdict against the drugmaker but was later reduced to $2.1 billion following appeals.

Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine cases involving talc, which are appealing or decided. Out of 41 trials, 32 ended with a win by J&J or a mistrial, or plaintiff verdicts that were annulled on appeal. Breathing talc is dangerous. In addition, J&J in 2020 sought to settle nearly 1,000 cases for the sum of $100 million. Bloomberg reported at the time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Breathing Talc Is Dangerous

Our lawyers are handling baby powder cases in every state. The lawsuits involving talcum powder in the case of Johnson & Johnson have been going on for a long time. Breathing talc is dangerous. The lawsuits contend that the prolonged use of talcum powder (or “talc”), the active ingredient in products like Baby Powder as well as Shower to Shower, can cause ovarian cancer in certain women.

This page offers the J&J talc power litigation update and provides an overview of how the upcoming bankruptcy ruling impacts the ultimate settlement amount in the ovarian cancer lawsuits.

Did the deadline expire for you to bring a talcum lawsuit? Many who assume the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us at 800-553-882 or request a free and quick case review online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Breathing Talc Is Dangerous

June 2, 2023 Update: During the asbestos talc trial which took place in California yesterday, a few technical issues halted the opening statement by the defense attorneys. Breathing talc is dangerous. Jurors at home via Zoom, did hear Johnson & Johnson’s lawyer expressing skepticism about the 70s science claiming asbestos was present in their product prior to the opening was abruptly ended.

Meanwhile, the plaintiff had the opportunity to introduce an initial witness Arthur Langer. Langer stated that the presence of other minerals alongside talc is expected. He testified that his team informed J&J in 1971 about the presence of chrysotile asbestos the talc of the company, but with less than 0.1 percent. The asbestos was discovered by him in the year 1976.

June 1st, 2023 Update Breathing talc is dangerous. The first trial since J&J has decided to separate its talc division and declare bankruptcy is an important turning point for the ongoing lawsuit drama. The trial started yesterday in the tragic case of a young 24 year-old plaintiff, diagnosed with a rare and aggressive form of mesothelioma last year, which lawyers on both sides believe is a tragic loss.

Opening statements revealed the huge differences between the sides’ narrative. The attorney for the plaintiff took aim against Johnson & Johnson, alleging the use of deceitful methods in their research practices as well as throughout the litigation procedure. The attorney claims that, according to the company attempted to manipulate the definition of asbestos despite internal documents from the year 1978 and 1994 indicating that asbestos fibers that were found in the tissue of the plaintiff are included.

Johnson &J’s highly uncertain $8.9 billion settlement deal hangs in the balance as we development of the trial. Despite the distinctive nature of this mesothelioma-related case and its unique challenges compared to other talcum powder lawsuits, a verdict favoring the plaintiff could inflict an enormous setback for J&J’s expectations of widespread acceptance of their settlement proposal among plaintiffs.

May 31st 2023 Update: Johnson & Johnson’s bankrupt talc unit strongly defended its Second Chapter 11 filing in the face of challenges from injured talc claimants. In an appeal to the New Jersey bankruptcy court, the company argued that the filing was fundamentally different from the previous filing. The subsidiary emphasized the record-breaking commitment of $8.9 billion from J&J, the largest settlement ever in the history of a mass tort bankruptcy. Breathing talc is dangerous. It was not mentioned how the size of the settlement implies that it is an equitable settlement. J&J also claimed that it received support from several plaintiffs’ legal companies representing over 600,00 claimants. This is not easy to confirm however it is likely to be incorrect.

May 24 2023 Update: As of Johnson &J Johnson’s bankruptcy filing, the very first trial regarding its cosmetic talc products allegedly with asbestos content is scheduled to commence jury selection on Monday, May 24, California within the Alameda County Superior Court, the most favored jurisdiction for plaintiffs. The plaintiff claims that his mesothelioma was caused by asbestos exposure through J&J’s products which that the company has denied. The trial also involves six retailers accused of selling talc-containing products.

May 22nd, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are now fighting over who should be chosen to fill the role of a future claims representative. This is which is vitally essential in resolving the claims involving talc. Breathing talc is dangerous. Randi Ellis, a lawyer who frequently appears in MDLs across the country, was appointed as the claims representative during the first bankruptcy. J&J’s defense team wants Ellis to be appointed in that position and again, but attorneys for the talc plaintiffs are objecting to the claim that Ellis has conflicts of interest that would prevent her from being appointed to that post in the future. The issue stems from the reality that Ellis was believed to have been involved in the drafting of the highly contested second bankruptcy, which raises concerns about her ability to be neutral. In reality, the bankruptcy will be dismissed regardless.

May 17, 2023 Update: The pretend company that J&J made up for the talc litigation bankruptcy has informed an New Jersey bankruptcy court that they have designated $400 million to pay the claims of states that accuse the company of deceptive advertising for its talc product. Breathing talc is dangerous. It’s a $8.5 billion settlement for cancer victims. It’s hard to imagine the scenario in which J&J can push the baby powder settlements at these numbers. While J&J’s $8.5 billion offer might seem like a lot initially, it will not appear appealing after you calculate the figures. This settlement proposal – by our rough calculations, would not offer victims anything more than a median settlement of $100,000 per instance. That is not enough.

May 15th, 2023, Update J&J may be in the middle of a suit from an advocacy group that represents cancer victims. Breathing talc is dangerous. The group contends that J&J intentionally canceled a $61.5 billion fund-raising agreement that it had with its company subsidiary LTL Management LLC, to create the appearance of financial hardship and to validate the company’s Chapter 11 bankruptcy filing. The group claims this decision amounts to a fraudulent transfer of rights of compensation for victims. They plan to explore J&J’s actions in the wake of the dismissal of the first bankruptcy case of LTL.

May 10 2023 Update: Next week next week, next week, the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a motion to dismiss the second bankruptcy filing of J&J LTL Management, J&J’s subsidiary. LTL Management. However, in the meantime the bankruptcy has issued an order calling for both parties to participate in a settlement mediation with the hopes of achieving an international settlement agreement can be reached.

May 5th 2023 Update: Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to several lawsuits alleging that its talc products cause cancer due to asbestos exposure. Breathing talc is dangerous. Over 2700 people have sued the company and it is spending $1 million a month to defend itself. The company’s latest $29 million settlement on the state of South Carolina forced it to file for bankruptcy protection, arguing for a fair distribution of assets among talc claimants instead of being taken over in the hands of the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of lawsuits.

May 4, 2023 Update: U.S. bankruptcy judge Michael Kaplan has directed Johnson & Johnson to resume negotiations with lawyers who rebuffed the company’s proposed $8.9 billion settlement offer. The court in Trenton, New Jersey yesterday the parties appeared before a judge to discuss next steps to take in the second bankruptcy case. Judge Kaplan was pushing for more settlement discussions.

This is the best way to resolve these claims for J&J. The baby powder settlement is likely to get done. Breathing talc is dangerous. But it will require more money – more billions of dollars – from Johnson & Johnson.

Lawyers are divided on whether to take the proposal or not and not all clients view the issue the same way their lawyer views it. The second bankruptcy case is destined to be a failure as Judge Kaplan has set a date for a hearing in June to determine whether to close the case for the third time.

May 3 2023 Update The group of cancer patients who have sued Johnson & Johnson (J&J) asked for J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation over talc products. The group representing claimants for talc filed a motion on Tuesday, asking for the Third Circuit to consider their case and send it back to a lower court, with instructions for dismissing the bankruptcy. Breathing talc is dangerous. The committee also requested that the stopped tort litigation against J&J should be permitted to proceed.
LTL requested Chapter 11 protection once again after its bankruptcy filing was denied by the Third Circuit earlier this year and offered the possibility of an $8.9 billion agreement. The committee says that the recent decision allowing LTL’s second Chapter 11 to continue, while also halting trials against J&J, warrants an immediate Third Circuit review. The US Trustee also requested that 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 statement to the appeals court saying that the filing is an “desperate and legally inadequate plan” by a select group of law firms who have conflicting financial interests.
May 1st 2023 Update: A common question that people ask is how could the plaintiffs’ lawyers and their clients turn on $8.9 billion. That’s of course quite a sum. However, there are lots of victims. Breathing talc is dangerous. And these are really good claims for plaintiffs. We were reminded of this recently by two talc-related trials that ended in large verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon ended in an award that was $18.1 million. The following month, a second mesothelioma talc case was brought to trials within South Carolina and resulted in the verdict of $29 million on behalf of the plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. one of the leading suppliers of talc within the U.S.
April 30th 2023 Update: J&J initially attempted to pull the talcum powder lawsuit into bankruptcy, it was met with the option of putting aside $2 billion for settlements. The sum was ridiculously low. None of the talc plaintiffs supported it. This time, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they accept a bankruptcy settlement and also has the support of a substantial segment of the talc plaintiffs and their attorneys. Breathing talc is dangerous. But with 75% of plaintiffs who are a talc, which is required for bankruptcy plan approval It’s a long and difficult process because of the number of lawyers who have massive collections of baby powder lawsuits opposed towards the agreement.

What are the solutions to the impasse? More billions.
April 25 2023 update: Talc Cancer victims have asked a judge to disqualify their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Breathing talc is dangerous. It was the 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not eligible for bankruptcy relief as it had not demonstrated financial trouble.

The claimants argue that the second Chapter 11 case is an misuse of the bankruptcy system, and that it is being pursued in bad good faith. J&J asserts that the bankruptcy settlement has “significant backing” from firms representing about 60,000 potential plaintiffs. It is fair to say plaintiffs’ lawyers and the victims are split over this $8.9 billion amount of settlement offered.

April 21st, 2023 Update: A bankruptcy judge decided that Johnson & Johnson must face new lawsuits claiming that the company offered a baby powder with a contaminant that caused cancer. Even though trials for the talc lawsuits have been suspended for a minimum period of 60 days, new lawsuits can be filed and lawyers are able to begin preparing their cases. Breathing talc is dangerous. Judges expressed doubt about J&J’s ridiculous effort to revive its plan with a second bankruptcy trial.

April 13, 2023 update: the big announcement is an $8.9 billion over 25 years settlement offer. Lawyers representing cancer patients within MDL class action MDL Class Action have promised to fight the settlement along with the talc claimants. Why? They believe it’s not enough money for more than 70,000 cancer victims. Breathing talc is dangerous. The lawyers say that J&J could negotiate a greater settlement or litigate individuals’ claims if the current bankruptcy is dismissed.

However, there is a second set of lawyers who are not part of the top leadership in the class action. These lawyers have amassed many thousands of cases. The group is seeking to settle today with what they believe is far less than what these victims deserve. The argument they make is twofold. They argue that the settlement – about an average of $100,000 per plaintiff – is fair.

This argument isn’t easy to argue. The second argument is more substance: the victims will not afford to wait any longer and need their money now.

April 12 2023 Update: Some people are looking for ways J&J can file for bankruptcy once more. The answer is complex and convoluted. Let’s try to simplify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only way to resolve both current and future talc lawsuits conclusively. In other words, it believes it can pay less if there is a bankruptcy element that creates pressure to settle. Breathing talc is dangerous. Going back to hundreds of years of American past, the company claims that bankruptcy benefits all parties by distributing settlement payments more evenly and more efficiently than trial courts which are where litigants get significant awards while others receive nothing.

The main thrust in this 3rd Circuit decision was this is not a case of one that makes a profit, but a subsidiary to take the legal risk and declare bankruptcy – Congress contemplated when drafting the Bankruptcy Code. However, it also stated that the subsidiary was not financially distress because J&J offered unlimited financing.
This is why J&J jumped on the unlimited funding aspect of the agreement and did not promise to fund unlimited lawsuits. The company claims that its modified financing arrangements with its subsidiary will address appeals court’s concerns, while offering claim payment funds. It’s as if giving victims less money will solve the problem at hand.

Attorneys representing cancer victims who do not agree with the agreement counter this by arguing that the plaintiff is the legal argument. Breathing talc is dangerous. They counter with legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s previous decision. Hyperbole was not spared by the victims’ lawyers, who call this the biggest “fraudulent transaction of assets in United States history.”

Despite all the legal jargon, J&J does not really think that the bankruptcy will endure. But it is a way of trying to push this $8.9 billion settlement through and maintain pressure on plaintiffs.

April 10 2023 Update Bloomberg offers an informative article on a new law in New Jersey that is shedding new light on the funding of litigation in the suit for class actions. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits in the case of Johnson & Johnson (J&J) over talc products in exchange for a percentage of any wins. J&J has now offered to pay $8.9 billion in settlements for all lawsuits.

The funders’ involvement is publicly available because of a New Jersey court rule requiring the disclosure of certain information regarding outside funding backers. The rule aims to address the rising calls for the regulation of litigation funders. J&J is facing more than 60,000 claims when you combine 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 seeing how third-party funding could level the playing field for individuals and big companies in the courtroom.

April 4, 2023 Update: It’s interesting to watch the worm turning in this lawsuit. J&J has taken another blow this week when it was found that the Third Circuit denied J&J’s request to maintain the automatic stay while J&J appeals an appeal at the U.S. Supreme Court. The automatic stay has froze the cases of talcum powder in a number of years and stopped any new lawsuits from being filed ever since J&J launched the controversial attempt to spin the talc liability off into a bankrupt company over a year earlier. Breathing talc is dangerous. When the 3rd Circuit ruled that this bankruptcy was not legal just a few months ago the stay was revoked. J&J was hoping to have it stayed in place until hearing the SCOTUS appeal. However, 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 for the Supreme Court is willing even to take up the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay having been in effect, the first new cases have been filed and transferred into the Talcum Powder class action MDL within a year. Seven new talc lawsuits have been added to the MDL over the last month increasing the number of pending cases up to 37,522.

February 25 2023 Update 2023 Update: A Congressmen from Tennessee has now demanded that The U.S. Government Accountability Office (GAO) initiate an investigation into the cost J&J talc products have cost the government in the 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 risks of its talc products over long while tax dollars utilized to treat people injured by exposure to the chemicals. The demand comes just weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.

Breathing talc is dangerous. J&J has to begin making reasonable settlement proposals to victims, in order the process of putting all this behind. It’s a mark 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 Breathing talc is dangerous. 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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