Can Talc Be Safe – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Can talc be safe. 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 with talc would be worth $440 million US state AGs. Can Talc Be Safe .

Johnson & Johnson (JNJ.N) has set aside $400 million to resolve U.S. state consumer protection actions as part of a wider $8.9 billion effort to settle claims that its Baby Powder as well as other talc products cause cancer. Can talc be safe.

J&J company subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company intends to pay for different types of cancer sufferers in bankruptcy settlement. Can talc be safe. J&J has claimed that its Talc products are safe, and will not cause cancer. J&J is seeking another time to settle more than 38,000 lawsuits brought in bankruptcy and prevent new cases from being filed in the near future.
LTL’s bankruptcy plan would pay $400 million into a separate trust for claims filed with state attorneys general claiming that J&J did not comply with the state’s unfair commercial practices and consumer protection laws by misleading consumers about the quality of its talc products.

Many states had initiated consumer protection lawsuits against J&J before LTL’s first bankruptcy filing prevented those investigations from taking place in 2021. Can talc be safe. New Mexico and Mississippi had already brought actions in the past against Johnson & Johnson before then, and the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court filings.

 

 

New Mexico and Mississippi have decided to declare LTL’s bankruptcy unfinished along with cancer sufferers and the U.S. Justice Department’s bankruptcy watchdog, who argue that a profit-making firm like J&J does not qualify for bankruptcy protections aimed at those struggling with debt.
The first attempt by LTL to resolve the lawsuits in bankruptcy was thrown out after similar arguments. In the end, a U.S. appellate court ruled the LTL had not been in “financial difficulty” and thus not eligible for bankruptcy protection. Can talc be safe. LTL declared bankruptcy a second time less than two hours after the decision to dismiss, arguing that its second attempt was different because it was able to borrow less and more support for a settlement.

New Mexico and Mississippi said in their motion to dismiss that LTL’s bankruptcy renewal violates state law enforcement authorities by trying to unilaterally cap the liability of the company in state consumer protection measures.

 

Can Talc Be Safe

LTL’s recent filings also provided additional details about how the company would assess and pay claims for cancer in the event that the bankruptcy plan is approved.

The most significant payments under the settlement would be $500,000 for people diagnosed with mesothelioma terminal prior to age 45. Can talc be safe. The second payment would be $260,000 for those who have been diagnosed with cancer of the ovary prior to age 45.

The proposed settlement will offer discounts based on the nature and severity of the cancer, the person’s age, previous talc use and other factors. Can talc be safe. For example someone who regularly used daily talc products, had an ancestral history of ovarian cancer and was diagnosed with the stage 2 ovarian cancer by age 55 may qualify for a $21,125 payout under the plan.

Judge decides J&J and talc opponents discuss settlement negotiations.

Following another hearing in Johnson & Johnson’s effort to use a Texas Two-Step bankruptcy strategy to settle talc lawsuits, federal bankruptcy Judge Michael Kaplan has ordered the company as well as those who oppose the plan to hold negotiations to settle the matter, Bloomberg reports.

In its second bankruptcy effort for LTL Management–a subsidiary established by J&J to hold the claims–the company offered a settlement of $8.9 billion. Can talc be safe. While a group of law firms representing plaintiffs support the proposal, another group is opposed to the offer.

In the last week, an opposition group, known as the Official Committee of Talc Claimants in the bankruptcy court, demanded to disqualify the petition by argument that LTL cannot be regarded as financially distressed.

“The filing is an incredibly legal and ineffective attempt by a small number of law firms to try to stop claimants from voting on the resolution plan–a plan that the overwhelming majority of claimants support,” J&J’s litigation chief Erik Haas, said in an announcement. Can talc be safe. “The law firms involved in this filing have financial interests that do not align with, diverge from and contravene those which their clientele. We will be submitting a response in the appeals court.”

Can talc be safe. Clay Thompson, a lawyer for MRHFM that includes more than patients with mesothelioma who have sued J&J and J&J, has said that J&J’s second bankruptcy attempt is likely to fail.

“J&J publishes press release about how wonderful its plans are, but is insisting that the details of its plan–including the treatment individual sick people would actually receive — be kept private,” Thompson said in a statement. “What is J&J’s plan to keep secret?”

 

 

Kaplan has instructed the sides to create a reorganization plan, under supervision from two mediators.

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

In the month of January, a federal appeals court ruled against the decision, deciding that the firm could not be considered to be in “financial financial distress.”

After J&J’s contest the U.S. Supreme Court was denied on April 1, J&J filed for its second bankruptcy just two hours after. In response, Kaplan froze the lawsuits for 60 days in order to determine whether to grant another bankruptcy.

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

Through two Chapter 11 attempts, J&J has gotten 19 months of which cases were put on hold. Can talc be safe. The company is requesting that claimants decide whether they want to accept the settlement. J&J requires 75% of the vote for the deal to go through.

Alongside the group of talc lawyers that criticized the company’s bankruptcy, the U.S. Trustee, an arm from the U.S. Department of Justice was also the one to file motions to dismiss LTL’s second bankruptcy.

In a statement this week, U.S. Trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest but unfortunate debtors.” The doors “are not open to any parties that do not have a legitimate objective or seek to use 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 its famous baby powder, cause cancer. J&J has adopted the products from the market and will first launch them for North America in 2020–and the rest of the world this year.

J&J wants to avoid the expense of going to trial. J&J has won most of the cases that have been resolved during trial, however, some losses have been very punitive.
A high-profile trial in Missouri led to a $4.7 billion verdict against the drug company, 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 cases involving talc, which are being appealed or settled. Of the 41 trials, 32 ended with winning for J&J either through a mistrial or verdict of a plaintiff annulled on appeal. Can talc be safe. Separately, the company in 2020 moved to settle over 1,000 cases worth 100 million dollars, Bloomberg published at the time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Can Talc Be Safe

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

This page offers the J&J Talc Power litigation update and explains how the forthcoming bankruptcy ruling affects the final settlement amount in the Ovarian Cancer lawsuits.

Did the deadline expire for you to file a talcum powder lawsuit? Many people who think the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a free and quick case review online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Can Talc Be Safe

June 2 2023 Update: During the asbestos talc case in California yesterday, a couple of technical issues disrupted the opening statement by the defense attorneys. Can talc be safe. Jurors watching from home on Zoom but did not hear Johnson and Johnson’s lawyer express skepticism about the 70s science asserting the presence of asbestos in their product prior to the session abruptly ended.

The plaintiff had the opportunity to introduce the first of their witnesses, Arthur Langer. Langer explained that the existence of other minerals alongside the talc mineral is a given. He also testified that his team had notified J&J in the year 1971 about the presence of chrysotile asbestos in the talc of the company, but at less than 0.1 percent. The asbestos was discovered by him in 1976.

June 1st, 2023 Update: Can talc be safe. First trial after J&J has decided to separate its Talc division and declare bankruptcy marks an important turning point within the ongoing litigation drama. Trial began yesterday in the heartbreaking trial of a young plaintiff, diagnosed with an aggressive and rare form of mesothelioma last year, which both sides believe is a tragic loss.

The opening statements exposed the stark differences in each side’s story. The attorney representing the plaintiff took aim at Johnson & Johnson, alleging that the company employed deceitful methods in their research practices as well as throughout the litigation procedure. In the words of attorney, Johnson & Johnson attempted to alter the definition of asbestos, despite internal documents from 1978 and 1994 showing that asbestos fibers that were found in the tissue of the plaintiff are included.

Johnson & Johnson’s precarious $8.9 billion settlement proposal hangs in the balance with the course of this trial. Despite the distinctive nature of this mesothelioma lawsuit and its unique challenges compared to other talcum powder lawsuits A verdict in favor of the plaintiff could cause the company with a major setback in its expectations of widespread acceptance of the settlement they have proposed among plaintiffs.

May 31 2023: Update from Johnson and Johnson’s bankrupted talc unit has was able to defend the second Chapter 11 filing in the in the face of challenges from injured talc claimants. In an appeal to the New Jersey bankruptcy court, the subsidiary argued that the situation differed fundamentally from the prior filing. It highlighted the extraordinary commitment of $8.9 billion by J&J the largest settlement ever in a mass tort bankruptcy case. Can talc be safe. The issue is not discussed: whether the amount of the settlement indicates that it is an equitable settlement. J&J also claimed support from several plaintiffs’ legal firms that represent over the 60,000 plaintiffs. This is hard to verify but is probably incorrect.

May 24, 2023 Update: Since Johnson & Johnson’s 2021 bankruptcy filing, the first trial regarding its cosmetic talc items allegedly comprised of asbestos is set to begin jury selection on Monday in California within the Alameda County Superior Court, the most favored place for plaintiffs. The plaintiff asserts that his mesothelioma is the result of asbestos exposure through J&J’s products, an allegation that the company denies. The trial also includes six retailers who are accused of selling talc-based products.

May 22nd, 2023 Update: Lawyers in the 2nd J&J Talc bankruptcy are fighting over who should be appointed to the role of future claims representative. This is an important role essential to the resolution of the talc claims. Can talc be safe. Randi Ellis, a lawyer who regularly appears in MDLs across the country was appointed the claims representative in the previous bankruptcy. J&J’s defense team would like Ellis to be appointed to this position and again, but attorneys for the plaintiffs in talc are arguing to the claim that Ellis has an unrelated conflict of interest which should stop her from taking on that role in the future. The dispute stems from possibility that Ellis was involved in the drafting of the highly litigated second bankruptcy, which raises doubts about her capacity to be neutral. The reality is this bankruptcy is likely to be dismissed in the end.

May 17th, 2023 Update: The pretend company J&J made up for the talc bankruptcy disclosed to the New Jersey bankruptcy court that they have allocated $400 million to pay the claims brought by states accusing the company of deceptive advertising for its talc-based products. Can talc be safe. This amounts to an $8.5 billion settlement to cancer victims. It’s difficult to imagine an eventuality where J&J will be able to push the settlements of baby powder through with these numbers. Although J&J’s $8.5 billion offer may seem like a huge sum initially, it will not appear appealing when you do the math. The proposed settlement based on our rough calculations would not pay victims much more than a median settlement of $100,000 per instance. It’s not enough.

May 15, 2023 Update J&J could be facing lawsuit by an advocacy group representing cancer victims. Can talc be safe. The group argues that J&J intentionally withdrew the $61.5 billion fund-raising agreement together with its parent company, LTL Management LLC, to simulate financial distress and confirm the unit’s Chapter 11 bankruptcy filing. The group asserts this action is equivalent to a fraudulent transfer of the rights of compensation for victims. They will investigate J&J’s actions following of the decision to dismiss the LTL’s bankruptcy case in its first instance.

May 10 2023 Update: Next week, it is expected that the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy filing that was filed by J&J LTL Management, J&J’s subsidiary. LTL Management. In the meantime, however LTL Management has filed an Order that requires both parties to participate in a second settlement mediation hoping that the global settlement can be reached.

May 5 2023 Update: Talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products cause cancer from asbestos exposure. Can talc be safe. Over 2,700 people have sued the firm and it has been spending $1 million a month to defend its legal position. The company’s recent $29 million verdict on the state of South Carolina forced it to apply for bankruptcy protection and argue for a fair distribution of assets between the claimants of talc instead of being seized by the receiver. Other talc suppliers have also been forced to file for bankruptcy as a result of the litigation.

May 4 2023, Update U.S. Court of Bankruptcy Michael Kaplan has directed Johnson & Johnson to reopen talks with lawyers who rejected the company’s $8.9 billion offer for settlement. At Trenton, New Jersey yesterday, the parties gathered in court to discuss the next steps in their second bankruptcy matter. Judge Kaplan encouraged further settlement talks.

This is the answer to resolve the claims of J&J. A baby powder settlement could be made. Can talc be safe. However, it’ll require additional money – perhaps billions of dollars by Johnson & Johnson.

Lawyers are divided on whether or not to agree with the proposal and not all clients view the issue the same way their attorney does. This second case of bankruptcy is likely to fail, as Judge Kaplan has scheduled a hearing for June to decide if he will discharge the bankruptcy for the 2nd time.

May 3, 2023 Update A group of cancer patients suing Johnson & Johnson (J&J) demanded that J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation surrounding talc-based products. The group representing the claimants submitted a motion on Tuesday, asking that the Third Circuit to consider their appeal and return the case before a court of lower jurisdiction, with instructions for dismissing the bankruptcy. Can talc be safe. They also asked that halted tort litigation against J&J should be permitted to proceed.
LTL applied for Chapter 11 protection once again following its bankruptcy filing that was rejected in the Third Circuit earlier this year which offered a $8.9 billion settlement. The committee believes that the recent decision allowing LTL’s third Chapter 11 to continue, as well as halting the trials against J&J and J&J, requires an immediate Third Circuit review. The US Trustee also requested that it be requested that the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation Erik Haas, was quoted by Bloomberg saying that J&J intends to file a formal response in the appeals court saying that the filing is an “desperate and legally inadequate attempt” by a small number of law firms that have competing financial interests.
May 1st 2023 Update: A question people keep asking is how could plaintiffs and their attorneys turn down $8.9 billion. Of course, it’s an enormous amount of money. But there are plenty of victims. Can talc be safe. These are an excellent arguments for plaintiffs. We were reminded of this recently with two talc trials have resulted in huge verdicts for the plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon was settled with the verdict in the amount of $18.1 million. In the same month, a different mesothelioma trial involving talc was held for trial in South Carolina and resulted in a verdict of $29million on behalf of the plaintiff. The defendant in both cases was Whittaker, Clark & Daniels Inc. which is one of the top producers of talc in the U.S.
April 30, 2023 Update: When J&J first tried to bring the lawsuit over talcum powder into bankruptcy, it came with an offer to set aside $2 billion to settle the case. The amount was absurdly low. All of the talc plaintiffs agreed with the offer. This time, J&J has increased the offer to $8.9 If the talc plaintiffs are willing to accept bankruptcy settlements and they have the support of a large portion of the talc plaintiffs and their attorneys. Can talc be safe. However, 75% of plaintiffs who are a talc, which is required for bankruptcy plan approval is a difficult road because of the number of lawyers who have massive inventory of baby powder lawsuits opposed against the proposed settlement.

What could solve the impasse? More billions.
April 25, 2023 update: Talc cancer claimants have asked a judge to disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, declaring that the company isn’t financially distressed. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Can talc be safe. It was the 3rd Circuit dismissed its first Chapter 11 case in January, saying the company was not eligible for bankruptcy relief since it had not demonstrated financial trouble.

The claimants contend that the second Chapter 11 case is an abuse of the bankruptcy system and it’s being pursued in bad faith. J&J says the bankruptcy settlement is backed by “significant backing” from the firms that represent an estimated 60,000 claimants. It’s safe to say that plaintiffs’ lawyers and victims ‘ lawyers are not united over their disagreement over the $8.9 billion deal.

April 21st, 2023 Update A bankruptcy judge has decided the company Johnson & Johnson must face new lawsuits claiming that the company sold tainted baby powder causing cancer. Even though trials for the lawsuits involving talc are delayed for at least 60 calendar days but new lawsuits can be filed, and lawyers will begin preparing their cases. Can talc be safe. The judge expressed his doubts about J&J’s absurd attempt to revive its plan with a second bankruptcy trial.

April 13, 2023: Update on the biggest story is that there’s an $8.9 billion over the next 25 years of settlement. Lawyers representing cancer patients who are part of the MDL class action have vowed to fight the settlement with Talc claimants. Why? They argue that it’s too little money for the more than 70,000 cancer victims. Can talc be safe. They argue that J&J should seek a bigger settlement or even litigate individual claims in the event that the latest bankruptcy is declared unconstitutional.

But there’s a separate set of lawyers who are not part of the leadership group in the class action. They have amassed hundreds of thousands of cases. They want to settle now for what is believed to be far less than what these victims deserve. Their argument is two-fold. First, they argue the settlement – about an average of $100,000 per plaintiff is fair.

This is an argument that is difficult to argue. But their second argument has more teeth: victims can be no longer patient and demand the money immediately.

April 12 2023 Update: Some people are looking for ways J&J can file for bankruptcy again. The answer is complex and complex. However, let’s attempt to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only method to resolve both current and future lawsuits involving talc conclusively. That is, it thinks it will pay less in the event of a bankruptcy component that applies pressure to settle. Can talc be safe. Going back to more than 400 years in American past, the company argues that bankruptcy benefits all parties by distributing settlements more fairly and more efficiently than trial courts where litigants are awarded significant settlements while others get nothing.

The main thrust of the 3rd Circuit decision was this isn’t a case that involves the profit-making company that has a subsidiary to take the legal liability and declare bankruptcy – something Congress contemplated when drafting the Bankruptcy Code. It also clarified that the subsidiary was not financially trouble due to the fact that J&J offered unlimited financing.
This is why J&J decided to go with the funding unlimited part of the agreement but did not pledge that it would provide unlimited funds for the litigation. The company claims that its modified financing arrangements with its subsidiary address the appeals court’s concerns, while providing funds for claims. As if offering victims less money would solve the problem at hand.

Attorneys representing cancer victims who oppose the deal counter this with what you conclude is countering legal nonsense with legal nonsense: J&J fraudulently transferred $50 billion of assets from LTL Management to circumvent the appeals court’s earlier decision. Hyperbole was not spared the lawyers representing victims call it the biggest “fraudulent transfer that has occurred in United States history.”

In spite of the legal jargon, J&J does not really think this bankruptcy will survive. 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 on a new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the baby powder Class action suit. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits that were brought against Johnson & Johnson (J&J) concerning talc products in exchange in exchange for a portion of settlements. J&J is now offering the payment of $8.9 billion to settle all lawsuits.

The involvement of funders is publicly available due to a New Jersey court rule requiring the release of certain details about funders outside the state. The rules aim to address the growing calls for the regulation of litigation funders. J&J faces over 60,000 claims when you include federal and state child powder-related lawsuits. Third-party funding for mass tort lawsuits has its pros and pros and. However, there is no doubt that we are witnessing how third-party funding could level the playing field between individuals and big companies in court.

April 4 2023 Update: It is enjoyable to see the worm turn in this case. 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 during the time that J&J appeals a bankruptcy decision to the U.S. Supreme Court. It has frozen hundreds of cases involving talcum powder and stopped any new lawsuits from getting filed ever since J&J started the controversial process to spin talc-related liabilities off into a bankrupt subsidiary more than one year earlier. Can talc be safe. After the 3rd Circuit ruled that this bankruptcy was not valid a few months ago, the stay was revoked. J&J had hoped to have it continue in the meantime of an appeal to 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 consider the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay having been officially lifted, the very first new cases have been filed and transferred into the Talcum Powder class action MDL within a year. Seven new talc-related lawsuits were brought into the MDL during the month of March increasing the number of cases in the pending process up to 37,522.

February 25, 2023 Update: A Congressmen from Tennessee is now demanding that The U.S. Government Accountability Office (GAO) start an investigation into the cost J&J talc products have cost the government over the many years.
in a letter addressed to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of not recognizing the risks of its talc products over long while tax dollars spent on treating people who suffered injuries from exposure to the products. The lawsuit comes just a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.

Can talc be safe. J&J needs to start making reasonable settlement proposals to victims to begin the process of putting all this behind. This is a disgrace to one of the top firms.

February 14 2023 Update: In an appearance today at the hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention to follow the 3rd U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.

 

You May be Entitled to Significant Compensation Can talc be safe. 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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