Mesothelioma Talc Pleurodesis – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Mesothelioma talc pleurodesis. 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 will pay the sum of $400 million US state AGs. Mesothelioma Talc Pleurodesis .

Johnson & Johnson (JNJ.N) has put aside $400 million to address U.S. state consumer protection actions as part of a broad $8.9 billion plan to settle claims that its Baby Powder and other talc-based product causes cancer. Mesothelioma talc pleurodesis.

J&J subsidiary LTL Management filed a bankruptcy plan in New Jersey late on Monday which outlines how the company intends to pay for different types of cancer victims as part of bankruptcy settlement. Mesothelioma talc pleurodesis. J&J has said that its Talc products are safe, and do not cause cancer. The company is trying for the second time to end more than 38,000 lawsuits filed in bankruptcy, as well as prevent new lawsuits from arising in the near future.
LTL’s bankruptcy plans would deposit $400 million into an additional trust to settle lawsuits filed by state attorneys general claiming that J&J violated the state’s unfair commercial practices and consumer protection laws, by deceiving consumers about the security of its talc-based products.

Several states had begun consumer protection actions against J&J prior to the first bankruptcy filing stopped these investigations from taking place in 2021. Mesothelioma talc pleurodesis. New Mexico and Mississippi had already brought 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 according to court documents.

 

 

New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy in a joint move with cancer victims and those affected by cancer and the U.S. Justice Department’s bankruptcy watchdog. argue that a profit-making firm like J&J does not qualify for bankruptcy protections designed for people with debt problems.
The company’s initial attempt to resolve the lawsuits in bankruptcy was thrown out after similar arguments. In the end, a U.S. appeals court ruled in favor of LTL wasn’t in “financial financial distress” and therefore not eligible to receive bankruptcy relief. Mesothelioma talc pleurodesis. LTL made a new bankruptcy application within two hours of the dismissal, saying that its second attempt was different because it had less money and more backing for the possibility of settling.

New Mexico and Mississippi said in their motion to dismiss that LTL’s latest bankruptcy violation of the state’s law enforcement authority in attempting to unilaterally limit the liability of the company for state consumer protection laws.

 

Mesothelioma Talc Pleurodesis

LTL’s new filings also included additional details about the way in which the company will evaluate and pay cancer claims if the bankruptcy plan is approved.

The maximum amount under the settlement will be $500,000 for those diagnosed with cancer of the mesothelioma ovary before age 45. Mesothelioma talc pleurodesis. The second payment would be $260,000 for those diagnosed with ovarian cancer that is terminal before age 45.

From there, the proposed settlement provides discounts based on the kind and severity of cancer, the patient’s age, the history of talc use and other factors. Mesothelioma talc pleurodesis. For example the case of a woman who used daily talc products, had an ovarian cancer family history, cancer, and was diagnosed with stage II ovarian cancer by age 55 might qualify for a $21,125 payment under the program.

Judge gives order to J&J and talc oppositionists to participate in settlement talks.

After another round of hearings in Johnson & Johnson’s attempt to employ 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 strategy to engage in settlement talks, Bloomberg reports.

With its second bankruptcy bid for LTL management, a subsidiary founded by J&J to handle the claims company offered a settlement of $8.9 billion. Mesothelioma talc pleurodesis. While a group of law firms representing plaintiffs is in favor of the proposal, another group is opposed to the offer.

This week, the opposition group, known as”The Official Committee of Talc Claimants in the bankruptcy court, demanded for dismissal of the matter argument that LTL can not be considered in financial distress.

“The filing is a desperate and legally deficient attempt by a small number of law firms to prevent claimants from voting 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. Mesothelioma talc pleurodesis. “The law firms behind this filing have financial interests that do not align with, contradict and infringe on the rights they represent. We’ll be submitting a response an appeal to the appellate court.”

Mesothelioma talc pleurodesis. Clay Thompson, a lawyer for MRHFM that is home to more than mesothelioma victims who have sued J&J, said that the company’s second bankruptcy try will fail.

“J&J publishes press release describing how fantastic its plan is while simultaneously requesting that details of the plan, such as what each sick person will receive–be kept secret,” Thompson said in an email. “What do they have to hide?”

 

 

Kaplan has commanded the parties to come up with another arrangement plan under the oversight of two mediators.

As of February 2022 Kaplan stated that J&J’s recourse to Chapter 11 to hasten a settlement that will free J&J from the hundreds of thousands of claims related to its talcum-based products.

However, in January of this year, a federal appeals court overturned the ruling, ruling that the company was not able to be considered in “financial distress.”

In the event that J&J’s request to contest the U.S. Supreme Court was rejected the same month, J&J declared bankruptcy two hours later. In response, Kaplan froze the lawsuits for 60 days in order to determine whether to allow the second bankruptcy.

J&J’s unstoppable profit machine sputters after $6.9B cost of litigation involving talc.

With the 2 Chapter 11 attempts, J&J has gotten 19 months of which cases were placed in limbo. Mesothelioma talc pleurodesis. The company would like claimants to accept their settlement. J&J requires 75% of the vote for the settlement to be approved.

Alongside the group of talc lawyers that criticized the bankruptcy of the company and the U.S. Trustee, an arm belonging to the U.S. Department of Justice is also submitting an appeal to dismiss LTL’s bankruptcy second case.

In a letter filed this week, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court remain “open to honest, but naive debtors.” Those doors “are not available to anyone that lack a legitimate bankruptcy goal or who 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 proof conclusive that their products containing talc, such as its popular baby powder can cause cancer. J&J has been taking the products of the market–first on North America in 2020–and the rest of the world this year.

J&J wants to avoid the costly business of going to trial. The company has won the majority of cases decided during trial, however, some losses have been harsh.
A highly-publicized trial in Missouri produced a $4.7 billion verdict against the drugmaker but was later reduced to $2.1 billion after appeals.

Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
Overall, J&J has lost nine cases involving talc, which are appealing or decided. Out of 41 trials 32 ended with the favor of J&J, a mistrial or plaintiff verdict that was overturned after appeal. Mesothelioma talc pleurodesis. Separately, the company has announced plans to settle over 1,000 cases for 100 million dollars, Bloomberg announced at that time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Mesothelioma Talc Pleurodesis

Our lawyers are handling baby powder lawsuits in all 50 states. The lawsuits involving talcum powder in the case of Johnson & Johnson have been ongoing for years. Mesothelioma talc pleurodesis. The lawsuits assert that long-term use of the powder (or “talc”), the active ingredient in products such as Baby Powder as well as Shower to Shower, can cause ovarian cancer in some women.

This page gives a J&J Talc Power litigation update and explains how the forthcoming bankruptcy ruling will impact the final settlement amounts of these Ovarian Cancer lawsuits.

Have you reached the deadline by which you to bring a talcum lawsuit? Many who believe that the time limit has expired to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a free and quick case review online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Mesothelioma Talc Pleurodesis

June 2, 2023 Update: During the trial for asbestos-containing talc in California yesterday, a couple of technical issues halted the opening statements made by defense lawyers. Mesothelioma talc pleurodesis. Jurors at home via Zoom, did hear Johnson &Johnson’s lawyer express doubt about the 70s research claiming asbestos was present in their product before the session abruptly ended.

Meanwhile, the plaintiff had the opportunity to introduce their first witness, Arthur Langer. Langer explained that the existence of other minerals in talc is inevitable. He testified that his team was notified by J&J in the year 1971 about the presence of asbestos chrysotile in the talc of the company, but with lower than 0.1 percent. He also uncovered more asbestos in 1976.

June 1, 2023 Update: Mesothelioma talc pleurodesis. First trial after J&J has decided to separate its Talc division, and then declare bankrupt is an important point of the ongoing lawsuit drama. The trial started yesterday in the poignant case of a young 24-year-old plaintiff who was diagnosed with an aggressive and rare form of mesothelioma in the past year, which lawyers on both sides acknowledge is a grave tragedy.

The opening statements exposed the huge differences between the sides’ narrative. The attorney for the plaintiff took aim against Johnson & Johnson, alleging the use of misleading strategies in its research practices as well as throughout the litigation procedure. As per the lawyer the company attempted to manipulate asbestos’ definition, in spite of internal documents dating from between 1978 and 1994 that showed asbestos fibers found in tissue of the plaintiff are included.

Johnson & Johnson’s precarious $8.9 billion settlement is hanging in the balance as we development of the trial. Despite the distinct nature of this mesothelioma case and its unique challenges compared to other talcum powder lawsuits ruling in favor of the plaintiff could cause an unintended setback to Johnson & J’s hopes of broad acceptance of their proposed settlement with plaintiffs.

May 31, 2023 Update: Johnson and Johnson’s bankrupted talc unit has strongly defended the 2nd Chapter 11 filing in the opposition of the talc injury plaintiffs. In an opposition filed with the New Jersey bankruptcy court, it argued that the case was distinct from the first filing. It also emphasized the unprecedented commitment to $8.9 billion by J&J, the largest settlement ever made in any bankruptcy case that involves mass tort. Mesothelioma talc pleurodesis. Not mentioned: how this amount signifies that it’s an equitable settlement. J&J also claimed that it received support from a variety of plaintiffs’ law companies representing over sixty thousand claimants. This is hard to verify but likely incorrect.

May 24 2023 Update: In the wake of Johnson &J Johnson’s bankruptcy filing, the first trial involving its cosmetic talc products allegedly with asbestos content is scheduled to begin jury selection on Monday, May 24, California in Alameda County Superior Court, which is a well-known location for plaintiffs. Plaintiff claims that mesothelioma was caused by asbestos exposure through J&J’s products and that the company is denying. The trial also includes six retailers accused of selling talc-containing products.

May 22nd, 2023 Update Lawyers involved in the second J&J talc bankruptcy are battling over who should be chosen to fill the post of the future claims representative, a role that is critically important to resolving the talc claims. Mesothelioma talc pleurodesis. Randi Ellis, a lawyer who regularly 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 named to the position again, but lawyers for the talc plaintiffs have raised objections due to the fact that Ellis has an unrelated conflict of interest that would prevent her from holding that position in the future. This conflict is rooted in the fact that Ellis was reportedly involved in drafting the hotly contesting second bankruptcy, which raises questions about her capability to remain neutral. It’s true that the bankruptcy will be dismissed regardless.

May 17, 2023 Update The pretend company J&J formed for the talc bankruptcy told an New Jersey bankruptcy court that they had allocated $400 million to pay the claims brought by states accusing the company of misleading advertising regarding its talc products. Mesothelioma talc pleurodesis. It’s a $8.5 billion settlement for cancer victims. It’s difficult to imagine any scenario in which J&J can get the settlements of baby powder through at these numbers. While J&J’s $8.5 billion offer sounds like a huge sum at first, it does not appear appealing when you do the math. This settlement offer based on our rough calculations – would not provide victims with much more than $100,000 per instance. It’s not enough.

May 15th, 2023 Update J&J might be facing lawsuit by an advocacy group that represents cancer victims. Mesothelioma talc pleurodesis. The group claims that J&J deliberately retracted the $61.5 billion fund-raising agreement with its subsidiary, LTL Management LLC, to create the appearance of financial hardship and validate the unit’s Chapter 11 bankruptcy filing. The group claims this decision could be interpreted as a fraudulent transfer of rights of compensation for victims. They are planning to study J&J’s actions following of the denial of LTL’s first bankruptcy case.

May 10, 2023 Update: Next week in this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to reject the second bankruptcy filing by J&J subsidiary LTL Management. However, in the meantime, LTL Management has filed an Order requiring both sides to participate in a new settlement negotiation to see if a global settlement deal can reached.

May 5th 2023: Update on Talc provider Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer through asbestos exposure. Mesothelioma talc pleurodesis. Over 2,700 individuals have sued the firm and it has been spending $1 million a month on legal defense. The company’s most recent $29 million settlement at the Supreme Court of South Carolina forced it to file for bankruptcy protection, arguing that assets should be distributed in an equitable manner between talc claimants rather than being taken over by the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of litigation.

May 4, 2023 update: U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen negotiations with lawyers who have rejected the proposed $8.9 billion agreement. At Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps in their second bankruptcy matter and Judge Kaplan has pushed for further settlement talks.

This is the answer to resolve the claims of J&J. A baby powder settlement could be made. Mesothelioma talc pleurodesis. However, it will require more money, more billions of dollars – from Johnson & Johnson.

Lawyers are divided over whether to accept the proposal and not all clients view this issue the same way their lawyer views it. A second bankruptcy proceeding is expected to fail, as Judge Kaplan has scheduled a hearing in June to determine if she will close the case for the third time.

May 3 2023 Update: A group of cancer victims suing Johnson & Johnson (J&J) asked an order from the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it attempts to block the litigation surrounding talc-based products. The group of talc claimants filed a motion on Tuesday asking that the Third Circuit to consider their case and to send it back the lower court, with instructions to dismiss the bankruptcy. Mesothelioma talc pleurodesis. They also requested that the halted tort litigation against J&J allow the litigation to proceed.
LTL has filed for Chapter 11 protection once again after its first bankruptcy filing was denied in the Third Circuit earlier this year with an $8.9 billion deal. The committee believes that the recent ruling which allowed LTL’s third Chapter 11 to continue, in addition to halting trials against J&J and J&J, requires the immediate Third Circuit review. The US Trustee also asked that 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 intends to file a reply in the appeals court characterizing the filing as an “desperate and legally inadequate attempt” by a small number of law firms that have conflicts of financial interests.
May 1 2023 Update: One question people keep asking is how could the plaintiffs’ lawyers and their clients turn down $8.9 billion. Of course, it’s quite a sum. There are a lot of victims. Mesothelioma talc pleurodesis. And these are really good claims for plaintiffs. We have been reminded of this recently by two talc-related trials that ended in large verdicts for plaintiffs. In February the mesothelioma case involving talcum powder trial in Oregon was settled with a verdict worth $18.1 million. The following month, a second mesothelioma trial involving talc was held for hearing at South Carolina and resulted in a verdict of $29 million in favor of plaintiff. In both instances, the defendant was Whittaker, Clark & Daniels Inc. One of the leading manufacturers of talc in U.S.
April 30, 2023 Update: When J&J first tried to bring the litigation over talcum powder into bankruptcy, it came with the option of putting aside $2 billion to settle the case. The amount was absurdly low. All of the talc plaintiffs believed in it. This time around, however, J&J has increased the offer to $8.9 for talc-related plaintiffs if they accept a bankruptcy settlement and they have the backing of a significant segment of the talc plaintiffs and their lawyers. Mesothelioma talc pleurodesis. But with 75% of plaintiffs in the talc category, which is required to approve bankruptcy plans, it a tough road with so many lawyers with massive collections of baby powder lawsuits that are opposed in favor of the deal.

What is the solution to this impasse? More billions.
April 25 2023, Update Talc plaintiffs have sought a court order to dismiss the Chapter 11 case filed by LTL Management LLC, a absurdly-made-up Johnson & Johnson subsidiary, insisting that the company is not financially troubled. LTL has filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders cause cancer. Mesothelioma talc pleurodesis. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January and said that LTL was not a candidate for bankruptcy relief because it failed to show financial distress.

The plaintiffs argue that the third Chapter 11 case is an overreach of the bankruptcy system, and that it’s being conducted in bad good faith. J&J states that the bankruptcy settlement has “significant support” from companies representing approximately 60,000 plaintiffs. It’s safe to say that the plaintiffs’ attorneys and victims are divided over what they believe is an $8.9 billion deal.

April 21st, 2023 Update A bankruptcy judge decided that Johnson & Johnson must face new lawsuits alleging that it sold tainted baby powder causing cancer. Even though trials for talc lawsuits are paused for at least 60 days but new lawsuits can be filed and lawyers will begin preparing their cases. Mesothelioma talc pleurodesis. The judge expressed skepticism over J&J’s pathetic attempt to revive its plan with a second bankruptcy case.

April 13th 2023 Update: The biggest news is the $8.9 billion over 25 years of settlement. Lawyers representing cancer victims in the MDL Class Action have promised to challenge the settlement those who claim talc. Why? They feel it’s not enough to pay for more than 70,000 cancer victims. Mesothelioma talc pleurodesis. These lawyers argue that J&J should seek a bigger settlement or even litigate individuals’ claims if the current bankruptcy is thrown out.

But there’s a separate group of lawyers that is not part of the top leadership in this class action. These lawyers have amassed tens of thousands of cases. The group is seeking to settle for what is believed to be far less than what these victims deserve. Their argument seems to be twofold. The first is that they claim the settlement – which amounts to 100 million dollars on average per plaintiff – is fair.

This is an argument that is difficult to argue. The second argument is more substance: the victims will not afford to wait any longer and need to get their money right now.

April 12 2023 Update: People are looking for ways J&J could file for bankruptcy again. The answer is complicated and convoluted. However, let’s attempt to explain it simply.
Johnson & Johnson asserts that bankruptcy is the only way to address both present and future talc litigations in a definitive manner. In other words, it believes that it will be less expensive should there be a bankruptcy component that applies pressure to settle. Mesothelioma talc pleurodesis. Going back to more than 400 years in American history, the company asserts that bankruptcy benefits all parties by distributing settlements more fairly and efficiently than trial courts, where some litigants receive significant awards while others receive nothing.

The essence of the 3rd Circuit decision was this is not a case – one that makes a profit, but subsidiaries to meet the legal responsibility and declare bankruptcy, which is what Congress considered when it was drafting the Bankruptcy Code. However, it also stated that the subsidiary was not financially trouble due to the fact that J&J promises unlimited funding.
Then J&J did not hesitate to take advantage of the unlimited funding portion of the contract but did not pledge to provide unlimited funding for lawsuits. J&J claims that its modified financing arrangements with its subsidiary addresses the concerns of the appeals court while offering funds to pay claims. In the hope that offering victims less money would solve the overall issue.

Lawyers representing cancer victims who oppose the agreement counter this by arguing that the plaintiff is countering legal nonsense legal nonsense: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s ruling. Hyperbole was not spared: victims’ lawyers call it the largest “fraudulent deal ever in United States history.”

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

April 10, 2023 update: Bloomberg is running an intriguing article on a new law that has been passed in New Jersey that is shedding new light on the funding of litigation in the Class action suit. The funders who fund litigation Virage Capital Management and TRGP Capital invested in hundreds of lawsuits against Johnson & Johnson (J&J) concerning talc products in exchange for a percentage of any profits. J&J has now offered to pay $8.9 billion in settlements for all lawsuits.

The involvement of funders is public information due to a New Jersey court rule requiring the release of certain details about funding sources outside of the. The rules aim to address the growing calls for the regulation of litigation funders. J&J has more than 60,000 claims when you combine federal and state baby powder lawsuits. Third-party financing in mass tort cases has its pros and cons. However, there is no doubt that we are seeing how third-party funding could level the playing field between individual 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 keep the automatic stay in place during the time that J&J appeals an order granting bankruptcy at the U.S. Supreme Court. The automatic stay has froze hundreds of cases involving talcum powder and stopped any the filing of new lawsuits ever since J&J initiated the controversial effort to spin the talc debts into a bankrupt entity over one year in the past. Mesothelioma talc pleurodesis. After it was decided that the 3rd Circuit ruled that this bankruptcy was invalid a few months ago, the stay was removed. 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 odds that the Supreme Court is willing even to accept the appeal? Low.
March 16th 2023 Update: with the bankruptcy stay being officially lifted, the very first new cases have been filed and transferred into the talcum powder class action MDL in the space of a year. Seven new talc-related lawsuits were added to the MDL over the last month and brought the total number of cases that are pending to 37,522.

February 25, 2023 Update 2023 Update: A Congressmen from Tennessee is now requesting that the U.S. Government Accountability Office (GAO) initiate an investigation into the amount J&J product containing talc has cost the government in the decades.
Recently, in an open letter to the GAO, Rep. Steven Cohen (D-Ten.) claimed that J&J of ignoring the dangers of its talc products for years while tax dollars were utilized to treat people injured by exposure to the product. The suit comes just a few days after J&J’s loss to the 3rd Circuit Court of Appeals.

Mesothelioma talc pleurodesis. J&J needs to start making reasonable settlement offers to victims to in putting this behind it. It is a stain on one of the top firms.

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

 

You May be Entitled to Significant Compensation Mesothelioma talc pleurodesis. 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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