You May be Entitled to Significant Compensation Mineral talc cancer. 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 be worth $400 million to US state AGs. Mineral Talc Cancer .
Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of a broader $8.9 billion effort to settle allegations that its Baby Powder and other talc-based products cause cancer. Mineral talc cancer.
J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that describes how the company will pay various types of cancer victims as part of a bankruptcy settlement. Mineral talc cancer. J&J has declared that its Talc products are safe, and do not cause cancer. The company is trying for an additional time to conclude more than 38,000 lawsuits brought in bankruptcy, and to prevent any new cases from being filed in the near future.
LTL’s bankruptcy plans would deposit $400 million to an additional trust to settle claims brought from state attorney generals alleging that J&J violated laws against unfair business practices in the State of New York as well as consumer protection laws, by deceiving consumers about the quality of its talc products.
A number of states had already initiated consumer protection cases against J&J prior to the first bankruptcy filing stopped those investigations from proceeding in 2021. Mineral talc cancer. New Mexico and Mississippi had already brought lawsuits with Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative subpoenas or demands, according to LTL’s court documents.
New Mexico and Mississippi have moved to dismiss LTL’s bankruptcy, joining cancer victims as well as The U.S. Justice Department’s bankruptcy watchdog, who have argued that a profitable business like J&J can’t benefit from bankruptcy protections aimed at struggling debtors.
The first time LTL attempted to settle the bankruptcy lawsuits was thrown out after similar arguments. The U.S. appeals court decided that LTL had not been in “financial financial distress” and was not eligible for bankruptcy protection. Mineral talc cancer. LTL made a new bankruptcy application just over two hours after that dismissal, arguing that its second attempt was different due to the fact that it had less money available and had a greater chance of securing the settlement.
New Mexico and Mississippi said in their motion to dismiss that LTL’s renewed bankruptcy violates the law enforcement powers of the state in attempting to unilaterally limit LTL’s liability to state consumer protection actions.
Mineral Talc Cancer
The filings of LTL’s latest bankruptcy proceedings also include more details on how the company plans to evaluate and pay for cancer claims should the bankruptcy plan be approved.
The largest amount of money under the settlement will be $500,000 for patients diagnosed with mesothelioma that is terminal before age 45, and $260,000 for those diagnosed with ovarian cancer that is terminal before age 45.
The proposed settlement applies discounts depending on the kind and severity of cancer, the patient’s age, history of using talc and other factors. Mineral talc cancer. For example the case of a woman who used talc products weekly, had a family history of ovarian cancer, and was diagnosed with the stage 2 ovarian cancer at the age of 55 could be in line to receive a payment of $21,125 under the settlement plan.
Judge orders J&J and talc oppositionists to discuss settlement negotiations.
After another round of hearings 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 and those opposed to the move to conduct settlement talks, Bloomberg reports.
With its second bankruptcy attempt for LTL Management, a subsidiary set up by J&J to handle the claims company made a settlement offer of $8.9 billion. Mineral talc cancer. While a group of law firms representing plaintiffs supports the proposal, another group is opposed to the offer.
This week, the opposition group, dubbed”The Official Committee of Talc Claimants, urged the bankruptcy court to dismiss the case asserting that LTL cannot be regarded as in financial distress.
“The filing is an unjust and legally flawed attempt by a handful of law firms to block 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. Mineral talc cancer. “The law firms who filed this filing have financial interests that are in conflict with, diverge from and infringe on the rights they represent. We’ll be submitting a response before the court of appeals.”
Mineral talc cancer. Clay Thompson, a lawyer for MRHFM who boasts more than patients with mesothelioma who have filed lawsuits against J&J for bankruptcy, told J&J’s second bankruptcy attempt will fail.
“J&J issues press releases about how wonderful its plan is, while insisting that the details of its plan–including the treatment each sick person will be treated to,” Thompson said in an email. “What does the company have to cover up?”
Kaplan has commanded the parties to create a reorganization plan, under supervision from two mediators.
The court in February of 2022 Kaplan affirmed the ability of J&J’s use of Chapter 11 to hasten a settlement that would relieve the company from the thousands of lawsuits concerning its talcum products.
However, in January of this year an appeals court of the federal government overturned the decision, deciding that the company could not be considered in “financial financial distress.”
When J&J’s attempt to appeal to the U.S. Supreme Court was dismissed the same month, J&J declared bankruptcy just two hours later. In response to that move, Kaplan froze the lawsuits for 60 days in order to determine whether to grant to file for bankruptcy again.
J&J’s omnipotent profit engine fails after $6.9B cost of litigation involving talc.
Through Two Chapter 11 attempts, J&J has been able to buy 19 months in which cases have been on hold. Mineral talc cancer. The company wants claimants to vote on accepting their settlement. J&J will require 75% acceptance for the deal to go through.
In addition to the group of talc lawyers who criticised LTL’s bankruptcy plan, the U.S. Trustee, a branch belonging to the U.S. Department of Justice has also filed an appeal to dismiss LTL’s second bankruptcy case.
In a filing this week, U.S. trustee Andrew R. Vara wrote that the bankruptcy are “open to honest but unfortunate debtors.” These doors “are not accessible to those that do not have a legitimate objective or 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 definitive evidence to suggest that its products containing talc, such as its famous baby powder, cause cancer. J&J has been taking the products of the market, first for 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 court. It has won the majority of the cases that have been decided at trial, but some losses have been punishing.
A well-known trial in Missouri ended in a $4.7 billion judgment against the drug manufacturer and was later lowered to $2.1 billion after appeals.
Johnson & Johnson faces high-stakes hearing over ‘Texas Two Step’ talc strategy: report
In all, J&J has lost nine trial cases in talc which are in appeal or resolved. Out of 41 trials 32 ended with the favor of J&J either through a mistrial or plaintiff verdict that was overturned after appeal. Mineral talc cancer. Separately, the company in 2020 sought to settle around 1000 cases at a cost of the sum of $100 million. Bloomberg stated at the time.
Talcum Baby Powder Ovarian Cancer Lawsuit – Mineral Talc Cancer
Our lawyers handle the baby powder litigation in every state. The lawsuits involving talcum powder against Johnson & Johnson have been in the process for several years. Mineral talc cancer. The lawsuits claim that the long-term use of talcum powder (or “talc”), the active ingredient in many products, including Baby Powder or Shower to Shower, can cause cancer of the ovary in certain women.
This page offers an J&J update on the talc power litigation and provides an overview of how the upcoming bankruptcy ruling will affect the final settlement amounts in the Ovarian Cancer lawsuits.
Have you reached the deadline by which you to bring a talcum lawsuit? Many people who think the time limit has expired to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or request a no-cost and quick case review online.
Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Mineral Talc Cancer
June 2, 2023 Update: During the asbestos talc case which took place in California yesterday, a few technical glitches interrupted the opening statement by the defense attorneys. Mineral talc cancer. Jurors who were watching from home on Zoom, did hear Johnson &Johnson’s lawyer express doubt about the 70s research that claimed asbestos was present in their product, but the proceedings abruptly ended.
Meanwhile, the plaintiff was able to introduce an initial witness Arthur Langer. Langer explained that the existence of other minerals in talc is expected. He said that his team had notified J&J in 1971 of the presence of chrysotile asbestos in the company’s talc, albeit at less than 0.1 percent. He also uncovered more asbestos in the year 1976.
June 1st, 2023 Update: Mineral talc cancer. A trial for the first time since J&J has decided to separate its Talc division and declare bankruptcy is an important turning point within the ongoing lawsuit drama. The trial began on Tuesday in the tragic trial of a young plaintiff who was diagnosed with a rare and aggressive form of mesothelioma last year, a diagnosis lawyers on both sides agree is a tragic loss.
Opening statements revealed the distinct differences between each side’s narrative. The attorney representing the plaintiff took aim towards Johnson & Johnson, alleging the use of misleading methods in their research practices as well as throughout the litigation process. The attorney claims that, according to, Johnson & Johnson tried to alter the definition of asbestos, in spite of internal documents from 1978 and 1994 showing that asbestos fibers that were found in the tissue of the plaintiff are included.
Johnson &J’s tangled $8.9 billion settlement deal hangs in the balance as we development of the trial. Despite the unique nature of this mesothelioma case and the unique issues it faces compared to most talcum powder lawsuits A verdict in favor of the plaintiff could result in an unintended setback to Johnson & J’s hope of gaining broad acceptance for their settlement proposal among plaintiffs.
May 31 2023 Update: Johnson & Johnson’s bankrupt talc business vigorously defended their 2nd Chapter 11 filing in the face of challenges from victims of talc injuries. In an objection submitted to the New Jersey bankruptcy court, it argued that the case was distinct from the earlier filing. It highlighted the extraordinary commitment to $8.9 billion in settlement from J&J as the largest ever settlement in any bankruptcy case that involves mass tort. Mineral talc cancer. The issue is not discussed: whether this amount implies that it is an equitable settlement. J&J also claimed support from numerous plaintiffs’ law firms that represent over 60,000 claimants. This is difficult to verify but likely incorrect.
May 24 2023 Update: As of Johnson and Johnson’s bankruptcy filing in 2021 filing, the very first trial on its cosmetic talc products allegedly comprised of asbestos is set to commence jury selection on Monday in California in Alameda County Superior Court, an historically reliable location for plaintiffs. The plaintiff asserts that his mesothelioma was caused by asbestos exposure from J&J’s products and the company is denying. The trial also includes six retailers accused of selling talc-containing products.
May 22nd, 2023 Update Lawyers in the 2nd J&J Talc bankruptcy are fighting over who should be chosen to fill the post of the claims representative in the future, a role that is critically essential in resolving the talc claims. Mineral talc cancer. Randi Ellis, a lawyer who regularly appears in MDLs throughout the country, was appointed as the claims representative in the previous bankruptcy. J&J’s defense group wants Ellis to be named to the position yet again, but the lawyers for the talc plaintiffs have raised objections to the claim that Ellis has a conflict of interest which should stop her from taking on that role for the second time. This conflict is rooted in the reality that Ellis was involved in drafting the controversially litigated second bankruptcy, which raises doubts regarding her capacity to remain neutral. However, the reality is that the bankruptcy will be dismissed in the end.
May 17th, 2023 Update: The fake company J&J created to settle the talc litigation bankruptcy has informed a New Jersey bankruptcy court that they had allocated $400 million to settle the allegations made by states who accuse the company of deceitful advertising regarding its talc products. Mineral talc cancer. It’s a $8.5 billion settlement for cancer sufferers. It is hard to imagine any scenario in which J&J can push these settlements for babies at these numbers. Although J&J’s $8.5 billion offer seems like a lot initially, it will not look good 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. This isn’t enough.
May 15th, 2023 Update J&J may be in the middle of a lawsuit brought by an advocacy group representing cancer victims. Mineral talc cancer. The group claims J&J deliberately withdrew a $61.5 billion fund-raising agreement with its subsidiary, LTL Management LLC, to create the appearance of financial hardship and to validate the company’s Chapter 11 bankruptcy filing. The group claims that this move amounts to a fraudulent transfer of the rights of compensation for victims. They plan to explore J&J’s actions following of the denial of LTL’s first bankruptcy suit.
May 10 2023 Update: Next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments on a petition to reject the second bankruptcy filing by J&J company LTL Management. However, in the meantime, this bankruptcy court has issued an Order requiring both sides to participate in a new settlement negotiation to see if the global settlement can be come to fruition.
May 5 2023 Update: Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to numerous lawsuits alleging that its Talc products caused cancer from asbestos exposure. Mineral talc cancer. Over 2,700 people have sued the firm and it has been paying $1 million per month for legal defense. The company’s most recent $29 million verdict at the Supreme Court of South Carolina forced it to file for bankruptcy protection, arguing for a fair distribution of assets to talc claimants, rather than being taken over by the receiver. Other suppliers of talc have declared bankruptcy because of the litigation.
May 4, 2023 Update U.S. Bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to reopen settlement discussions with lawyers who have rejected the company’s proposed $8.9 billion agreement. It was in Trenton, New Jersey yesterday the parties appeared before a judge to discuss the next steps for this second case of bankruptcy and Judge Kaplan has pushed for further settlement talks.
This is the way to resolve the claims of J&J. A settlement for baby powder can get done. Mineral talc cancer. But it’ll need additional money – perhaps billions of dollars – from Johnson & Johnson.
Lawyers are divided on whether or not to agree with the proposal and not every client views the issue the same way their lawyer views it. Second bankruptcy cases are likely to fail the judge Kaplan has scheduled a hearing in June to decide whether to remove the bankruptcy after the second.
May 3, 2023 Update A group of cancer victims who are suing Johnson & Johnson (J&J) requested to have J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation surrounding talc-based products. The group representing claimants for talc made a motion Tuesday, asking for the Third Circuit to consider their appeal and return the case before a court of lower jurisdiction, with instructions to dismiss the bankruptcy. Mineral talc cancer. The committee also requested that the stopped tort litigation against J&J should be permitted to proceed.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was rejected in the Third Circuit earlier this year and offered the possibility of an $8.9 billion deal. The committee argues that the recent ruling, which allows LTL’s third Chapter 11 to continue, as well as halting the trials against J&J is a reason for the immediate Third Circuit review. The US Trustee requested the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s worldwide vice president of litigation, Erik Haas, was quoted by Bloomberg declaring that J&J intends to file a response in the appeals court, characterizing the filing as an “desperate and legally insufficient plan” by a few of law firms with conflicts of financial interests.
May 1, 2023 Update: One question people keep asking is how plaintiffs and their lawyers turn around $8.9 billion. Of course, that is an immense amount of money. However, there are lots of victims. Mineral talc cancer. And these are really good claims for plaintiffs. We were reminded of this last week with two talc trials ended in large verdicts for the plaintiffs. In February, a talcum powder mesothelioma trial in Oregon was settled with a verdict of $18.1 million. The following month, a second mesothelioma-related talc case went to hearing within South Carolina and resulted in a verdict of $29million to the plaintiff. Both cases were defended by Whittaker, Clark & Daniels Inc. which is one of the largest suppliers of talc within the U.S.
April 30th, 2023 Update: When J&J first attempted to drag the litigation over talcum powder into bankruptcy, they came with an offer to reserve $2 billion to settle the case. The sum was ridiculously low. The talc plaintiffs had not agreed with it. This time around, however, 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 section of the talc victims and their lawyers. Mineral talc cancer. But 75% of the plaintiffs who are a talc, which is required for bankruptcy plan approval is not an easy task since there are so many lawyers with vast collections of baby powder lawsuits that are opposed against the proposed settlement.
What are the solutions to the impasse? More billions.
April 25, 2023 Update: Talc plaintiffs have demanded a judge disqualify their Chapter 11 case filed by LTL Management LLC, a ridiculously made-up Johnson & Johnson subsidiary, saying the company is not financially troubled. LTL filed for Chapter 11 to settle tens of thousands of claims that J&J’s baby products caused cancer. Mineral talc cancer. The 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not eligible for bankruptcy relief because it did not show financial difficulties.
The claimants contend that the Second Chapter 11 case is an misuse of the bankruptcy system, and that the case is being handled in bad good faith. J&J says the bankruptcy settlement receives “significant backing” from firms representing an estimated 60,000 plaintiffs. It is fair to say plaintiffs’ lawyers and victims are divided over this $8.9 billion amount of settlement offered.
April 21st, 2023 Update A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits alleging that it sold a baby powder that contained a chemical that causes cancer. Although the trials for the talc lawsuits have been suspended for at least 60 calendar days and new lawsuits are able to be filed and lawyers are able to begin preparing their cases. Mineral talc cancer. The judge expressed skepticism over J&J’s ridiculous effort to revive its strategy with a second bankruptcy case.
April 13 2023 Update: most important story is that there’s an $8.9 billion over the course of 25 years settlement offer. Lawyers representing cancer patients within the MDL Class Action have pledged to challenge the settlement Talc claimants. Why? They believe it’s not enough money for 70,000 victims who have cancer. Mineral talc cancer. These lawyers argue that J&J should negotiate a bigger settlement or even litigate individual claims if the latest bankruptcy is dismissed.
But there’s a separate lawyer group that isn’t part of the leadership in that class action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. This group wants to settle for what is believed to be lower than what the victims should be paid. Their argument seems to be two-fold. First, they argue the settlement – which amounts to the equivalent of $100,000 per plaintiff – is fair.
It’s a difficult argument to present. The second argument is more force: the victims can now not wait and they want to get their money right now.
April 12, 2023 Update: People are wondering if J&J can file for bankruptcy again. The answer is complex and convoluted. However, let’s attempt to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only means to address both present and future talc lawsuits conclusively. In other words, it believes that it will be less expensive in the event of an element of bankruptcy that puts pressure to settle. Mineral talc cancer. In a quest to cover more than 400 years in American history, the company believes that bankruptcy is beneficial to everyone by dispersing settlement payments more evenly and more efficiently than trial courts where litigants are awarded significant payouts, while others are left with nothing.
The main thrust of this 3rd Circuit decision was this is not a case of a profitable company making a subsidiary to take the legal liability and declare bankruptcy, which is what Congress thought of when drafting its Bankruptcy Code. But it also said that the entity was in financial difficulty because J&J promises unlimited funding.
This is why J&J decided to go with the funding unlimited part of the contract and did not promise to provide unlimited funding for cases. J&J claims that its new financing agreements with its subsidiary will address concerns of the appellate court, while offering funds to pay claims. As if providing victims with less money will solve the overarching problem.
Lawyers representing cancer patients who do not agree with 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 earlier ruling. The hyperbole wasn’t spared the lawyers representing victims call it the most significant “fraudulent deal of assets in United States history.”
In spite of the legal jargon, J&J does not really believe this bankruptcy will be able to last. It is however a method to try and push the $8.9 billion settlement, and to keep the pressure on plaintiffs.
April 10 2023 Update: Bloomberg offers an informative report on a brand new law in New Jersey that is shedding new light on the funding of litigation in the suit for class actions. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims against Johnson & Johnson (J&J) regarding talc products, in exchange for a share of any winnings. J&J is now willing to pay $8.9 billion in settlements for all lawsuits.
The involvement of funders is publicly available due to an New Jersey court rule requiring the disclosure of certain information about outside funding backers. The rules aim to address the rising calls for regulation of the litigation funders. J&J faces over 60,000 claims when you include federal and state infant powder litigation. Third-party financing in mass tort cases has pros and pros and. There is no doubt that we are witnessing how third-party funding could level the playing field between individual as well as large corporations in court.
April 4 2023 Update: It is interesting to watch the worm turning in this case. J&J was hit again this week when it was found that the Third Circuit denied J&J’s request to keep the automatic stay in place during the time that J&J appeals an appeal to the U.S. Supreme Court. The automatic stay has stopped the cases of talcum powder in a number of years and stopped new lawsuits from getting filed ever since J&J launched the controversial attempt to spin talc-related liabilities into a bankrupt company over a year back. Mineral talc cancer. After the 3rd Circuit ruled that this bankruptcy was invalid just a few months ago the stay was removed. J&J was hoping to have it remain in effect until hearing the SCOTUS appeal. The answer was no.
April 1st, 2023 Update: Johnson & Johnson announced it will appeal its 3rd Circuit bankruptcy loss to the U.S. Supreme Court last week. The chance the Supreme Court is willing even to consider the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay now in effect, the first new cases have been filed and transferred into the class action for talcum powder MDL within a year. Seven new talc lawsuits were joined to the MDL in the last month and brought the total number of cases pending to 37,522.
February 25, 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 products containing talc have cost the government over the decades.
In a recent letter to the GAO, Rep. Steven Cohen (D-Ten.) has accused J&J of not recognizing the risks of its talc-based products for decades while tax dollars were utilized to treat people injured by exposure to the chemicals. The lawsuit comes just a few weeks after J&J’s loss to the 3rd Circuit Court of Appeals.
Mineral talc cancer. J&J must begin making reasonable settlement proposals to victims to getting this behind it. This is a blemish on one of the most prestigious firms.
February 14 2023 Update: During an earlier hearing in New Jersey, U.S. Bankruptcy Judge Michael Kaplan announced his intention following the third U.S. Circuit Court of Appeals ruling to dismiss the bankruptcy case.
You May be Entitled to Significant Compensation Mineral talc cancer. 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!