Talc Claims – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Talc claims. 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 make payments of 400 million dollars to US state AGs. Talc Claims .

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

J&J affiliate LTL Management filed a bankruptcy plan in New Jersey late on Monday that details how the company plans to pay different kinds of cancer victims as part of the bankruptcy settlement. Talc claims. J&J has stated that its Talc products are safe and don’t cause cancer. J&J is seeking an additional time to conclude more than 38,000 lawsuits in bankruptcy, as well as prevent new lawsuits from being filed in the future.
LTL’s bankruptcy plans would deposit $400 million into a separate trust for claims brought from state attorney generals alleging that J&J was in violation of laws against unfair business practices in the State of New York as well as consumer protection laws, by deceiving consumers regarding the safety of its talc products.

Several states had begun consumer protection measures against J&J before LTL’s first bankruptcy filing stopped these investigations from proceeding in 2021. Talc claims. New Mexico and Mississippi had already launched suit in the past against Johnson & Johnson before then and states like Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas in LTL’s court papers.

 

 

New Mexico and Mississippi have taken steps to halt the bankruptcy of LTL, joining cancer victims as well as the U.S. Justice Department’s bankruptcy watchdog. They have argued that a successful firm like J&J can’t benefit from bankruptcy protections designed for the struggling debtors.
The first attempt by LTL to resolve the lawsuits in bankruptcy was thrown out after similar arguments. A U.S. appeals court decided in favor of LTL had not been in “financial trouble” and ineligible of bankruptcy protection. Talc claims. LTL had filed for bankruptcy again within two hours of the dismissal, saying that the second bankruptcy was different as it had less money available and more backing for an agreement.

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

 

Talc Claims

LTL’s filings for the new year also contained more information about how the company would assess and settle cancer claims if the bankruptcy plan is approved.

The most significant payments under the settlement will be $500,000 for patients diagnosed with mesothelioma terminal prior to age 45. Talc claims. The second payment would be $260,000 for people diagnosed with terminal ovarian cancer before age 45.

The proposed settlement applies discounts depending on the nature and severity of the cancer, the person’s age, previous talc use and other factors. Talc claims. For example, a woman who used the talc product on a regular basis, had an ancestral history of ovarian cancer and was diagnosed the stage 2 ovarian cancer by age 55 could be in line to receive a payment of $21,125 according to the plan.

Judge orders J&J and talc opponents to participate in settlement talks.

After another round of hearings in Johnson & Johnson’s attempt to employ a Texas Two Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the plan to hold talks to reach a settlement, Bloomberg reports.

With its second bankruptcy attempt for LTL Management–a subsidiary established by J&J to manage the claims company proposed a settlement of $8.9 billion. Talc claims. While a group of law firms representing plaintiffs support the proposal, another group opposes the move.

In the last week, an opposition group, dubbed the Official Committee of Talc Claimants and urging the bankruptcy court to dismiss this case saying that LTL can not be considered in financial hardship.

“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 vast majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in an announcement. Talc claims. “The law firms that are behind this filing have financial interests that do not align with, diverge from, and infringe on the rights which their clientele. We’ll soon submit an answer before the court of appeals.”

Talc claims. Clay Thompson, a lawyer for MRHFM which boasts more than patients with mesothelioma who have sued J&J for bankruptcy, told the second bankruptcy attempt of J&J is likely to fail.

“J&J issues press releases describing how fantastic the plan is but simultaneously demanding that plan details–including what the individual sick individuals would receive — be kept private,” Thompson said in an email. “What does the company have to keep secret?”

 

 

Kaplan has instructed the sides to devise a second strategy for reorganization, under supervision of two mediators.

In February 2022, Kaplan acknowledged J&J’s recourse to Chapter 11 to hasten a settlement that would relieve the company from the tens of thousands of claims regarding its talcum products.

But in January of this year, a federal appeals court ruled against the verdict, ruling that the firm could not be considered in “financial difficulty.”

When J&J’s attempt to challenge the U.S. Supreme Court was denied the same month, J&J was granted a second petition for bankruptcy roughly two hours later. In response to that move, Kaplan froze the lawsuits for 60 days, allowing the company to decide whether to grant the second bankruptcy.

J&J’s omnipotent profit engine fails after $6.9B cost of litigation involving talc.

In the two Chapter 11 attempts, J&J has gotten 19 months of which cases were put held. Talc claims. J&J wants the claimants to accept their settlement. J&J requires 75% acceptance in order for the agreement to be accepted.

In addition to the group of talc attorneys who have panned LTL’s bankruptcy plan in the U.S. Trustee, the U.S. Trustee, a branch from the U.S. Department of Justice was also the one to file motions to dismiss LTL’s bankruptcy second case.

In a filing this week, U.S. trustee Andrew R. Vara wrote that the doors of the bankruptcy court are “open to honest, but naive debtors.” The doors “are not open to parties that do not have a legitimate purpose or that seek to abuse the bankruptcy process to delay or hinder their creditors,” Vara continued.

To its credit, J&J maintains there is no definitive evidence to suggest that its Talc-based products, such as the famous baby powder, can cause cancer. J&J has been taking the products of the market first in North America in 2020–and the remainder of the globe later this year.

J&J is determined to stay clear of the expense of going to court. It has prevailed in the majority of the cases that have been decided at trial, but some losses have been very punishing.
A highly-publicized 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 involving talc that are being appealed or decided. Of the 41 trials, 32 have ended in a win by J&J as well as mistrials or verdict of a plaintiff reversed in appeal. Talc claims. Additionally, the company in 2020 negotiated to settle more than 1,000 cases for $110 million. Bloomberg announced at that time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Claims

Our lawyers are handling baby powder lawsuits in all 50 states. The talcum powder lawsuits against Johnson & Johnson have been ongoing for years. Talc claims. The lawsuits claim that the long-term use of the powder (or “talc”), the active ingredient in many products, including Shower to Shower Powder and Shower to Shower and Shower to Shower, could cause ovarian cancer among some women.

This article provides a J&J Talc Power Update and examines how the coming bankruptcy ruling impacts the ultimate settlement amount of the cases of ovarian cancer.

Have you reached the deadline by which you to start a lawsuit against talcum powder? Many who assume the statute of limitations has passed to sue Johnson & Johnson are wrong. Call us now at 800-553-2082 or get a free and quick review of your case online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Claims

June 2 2023 Update: During the asbestos talc case that took place in California yesterday, technical issues halted the opening statements made by defense attorneys. Talc claims. Jurors who were watching from their homes via Zoom and hearing the Johnson &Johnson’s lawyer express doubt about the 70s research claiming asbestos was present in their product prior to the proceedings abruptly ended.

Meanwhile, the plaintiff was able to present the first of their witnesses, Arthur Langer. Langer explained that the occurrence of additional minerals along with the talc mineral is a given. He said that his team was notified by J&J in 1971 of the presence of chrysotile asbestos within the talc of the company, but in lesser than 0.1 percent. He also uncovered more asbestos in the year 1976.

June 1, 2023 Update: Talc claims. The first trial since J&J decided to spin off its Talc section and declaring bankruptcy marks an important moment of the ongoing lawsuit drama. Trial started on Monday in the tragic case of a young 24 year-old plaintiff who was diagnosed with a rare and aggressive form of mesothelioma earlier this year. which lawyers on both sides acknowledge is a tragedy of a different kind.

Opening statements revealed the huge differences between the sides’ narrative. The attorney for the plaintiff took aim at Johnson & Johnson, alleging the use of deceptive strategies in its research practices as well as throughout the litigation procedure. According to the attorney Johnson & Johnson tried to alter the definition of asbestos, in spite of internal documents dating from the year 1978 and 1994 indicating that asbestos fibers found in plaintiff’s tissue are included.

Johnson &J’s highly uncertain $8.9 billion settlement deal hangs in the balance with the progress of this trial. Despite the unique nature of the mesothelioma trial and its distinct issues compared to other lawsuits involving talcum powder ruling in favor of the plaintiff could cause an unintended setback to Johnson & J’s hopes for broad acceptance of their settlement proposal among plaintiffs.

May 31, 2023 Update: Johnson and Johnson’s bankrupt talc business was able to defend their 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 situation differed fundamentally from the first filing. It emphasized the unprecedented commitment to $8.9 billion from J&J, the largest settlement ever in any bankruptcy case that involves mass tort. Talc claims. There was no mention of how the amount of the settlement signifies that it’s a fair settlement. J&J also claimed support from several plaintiffs’ legal firms representing more than sixty thousand claimants. This is not easy to confirm but likely incorrect.

May 24 2023 Update: Following Johnson & Johnson’s 2021 bankruptcy filing, the very first trial on its cosmetic talc products that are believed to that contain asbestos is scheduled to start jury selection on Monday, California within the Alameda County Superior Court, a historically good location for plaintiffs. The plaintiff claims his mesothelioma resulted from asbestos exposure from J&J’s products and J&J denies. The trial also involves six retailers accused of selling talc products.

May 22, 2023 Update: Lawyers involved in the 2nd J&J talc bankruptcy are in a dispute over who should be chosen to fill the role of future claims representative. This is which is vitally important to resolving the Talc claims. Talc claims. Randi Ellis, a lawyer who frequently appears in MDLs throughout the country was appointed as the claims representative in the first bankruptcy. J&J’s defense team would like Ellis to be named to the position and again, but attorneys for the talc plaintiffs have raised objections due to the fact that Ellis has a conflict of interest which would prohibit her from assuming that position in the future. The issue stems from the possibility that Ellis was involved in drafting the hotly contested second bankruptcy, which raises questions about her capability to remain neutral. In reality, this bankruptcy is likely to be tossed out anyway.

May 17, 2023 Update The pretend company that J&J made up to settle the talc litigation bankruptcy disclosed to a New Jersey bankruptcy court that they have designated $400 million to settle claims made by states accusing J&J of misleading marketing for its talc-based products. Talc claims. It’s a $8.5 billion settlement for cancer patients. It is hard to imagine the scenario in which J&J will be able to push the settlements of baby powder through given these numbers. Although J&J’s $8.5 billion offer sounds like a lot of money at first, it does not appear appealing after you calculate the figures. This settlement offer based on our rough calculations would not be able to pay victims more than an average settlement $100,000 per case. That is not enough.

May 15, 2023 Update: J&J may be in the middle of a lawsuit by an advocacy group that represents cancer victims. Talc claims. The group claims that J&J deliberately retracted an $61.5 billion funding agreement together with its parent company, LTL Management LLC, to simulate financial distress and validate the unit’s Chapter 11 bankruptcy filing. The group asserts this action is a fraud transfer of the rights of victims’ compensation. They intend to investigate J&J’s actions as a result 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 in a motion dismiss the second bankruptcy petition filed of J&J subsidiary LTL Management. However, in the meantime, LTL Management has filed an Order which requires both sides to participate in a new settlement mediation with the hopes of achieving a global settlement deal can been reached.

May 5 2023 Update: The talc producer Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer from asbestos exposure. Talc claims. More than 2700 people have filed lawsuits against the company and it is spending $1 million a month to defend its legal position. The company’s latest $29 million verdict at the Supreme Court of South Carolina forced it to file for bankruptcy protection, arguing for an equitable distribution of assets among talc claimants instead of being confiscated through the receiver. Other talc suppliers have also declared bankruptcy because of the litigation.

May 4 2023, Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who have rejected Johnson & Johnson’s $8.9 billion agreement. At Trenton, New Jersey yesterday, the parties gathered in court to discuss next steps to take in this second case of bankruptcy and Judge Kaplan encouraged further settlement talks.

This is the answer to settle these claims for J&J. A settlement for baby powder can get done. Talc claims. However, it will require additional money – perhaps billions of dollars coming from Johnson & Johnson.

Lawyers are split on whether or not to accept the plan and not every client sees the issue in the same manner their attorney does. Second bankruptcy cases are likely to fail, as Judge Kaplan has scheduled a hearing for June to determine if she will close the case for the third time.

May 3, 2023 Update: A group representing cancer patients who have sued Johnson & Johnson (J&J) requested an order from J&J’s Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is a bid to stop litigation regarding talc-related products. The group representing claimants for talc submitted a motion on Tuesday, asking that the Third Circuit to consider their case and to send it back the lower court with instructions to discharge the bankruptcy. Talc claims. They also asked that the lawsuit against the halted torts of J&J allow the litigation to continue.
LTL has filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied by the Third Circuit earlier this year with a $8.9 billion deal. The committee believes that the recent ruling, which allows LTL’s 2nd Chapter 11 to continue, and also stopping trials against J&J is a reason for immediate Third Circuit review. The US Trustee has also requested the New Jersey bankruptcy court dismiss the LTL bankruptcy case. J&J’s vice president for global litigation Erik Haas, was quoted by Bloomberg saying that J&J intends to file a statement to the appeals court declaring the filing an “desperate and legally inadequate plan” by a handful of law firms who have different financial interests.
May 1, 2023 Update: One most frequently asked question is how plaintiffs and their lawyers be able to turn on $8.9 billion. Of course, that is an enormous amount of money. There are a lot of victims. Talc claims. And these are really good arguments for plaintiffs. We have been reminded of this recently by two talc-related trials that have resulted in huge verdicts for plaintiffs. In February mesothelioma, a talcum-based powder trial in Oregon resulted in an award worth $18.1 million. The following month, a second mesothelioma trial involving talc was held for trials in South Carolina and resulted in a verdict of $29million in favor of plaintiff. It was the same defendant as in these cases: Whittaker, Clark & Daniels Inc. which is one of the leading manufacturers of talc in U.S.
April 30th 2023 Update: When J&J first tried to bring the lawsuit over talcum powder into bankruptcy, it came with an offer to put aside $2 billion for settlements. It was a ridiculously small amount. None of the talc plaintiffs agreed with the proposal. This time, however, J&J has increased the offer to $8.9 in the event that the talc victims agree to a bankruptcy settlement and they also have the support of a substantial section of the talc victims and their lawyers. Talc claims. But with 75% of plaintiffs who are a talc, which is needed for approval of the bankruptcy plan is not an easy task because of the number of lawyers who have vast stocks of baby powder litigations opposed against the proposed settlement.

What can be done to end the impasse? More billions.
April 25 2023, Update Talc Cancer victims have requested 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 troubled. LTL applied for Chapter 11 to settle tens of thousands of claims that J&J’s baby powders caused cancer. Talc claims. In the end, however, the 3rd Circuit dismissed its first Chapter 11 case in January in a ruling that said LTL was not a candidate for bankruptcy relief as it failed to show financial difficulties.

The claimants argue that LTL’s third Chapter 11 case is an abuse of the bankruptcy system and it’s being conducted in bad good faith. J&J states that the bankruptcy settlement is backed by “significant backing” from companies representing an estimated 60,000 people who are claiming. It is fair to say plaintiffs’ lawyers and the victims are split over the $8.9 billion offer for settlement.

April 21, 2023 Update: A bankruptcy judge decided that Johnson & Johnson must face new lawsuits alleging that it offered a baby powder with a contaminant that caused cancer. Even though trials for talc lawsuits are paused for a minimum of 60 days however, new lawsuits may be filed, and lawyers are able to begin preparing their cases. Talc claims. Judges expressed doubt about J&J’s absurd attempt to relaunch its strategy in another bankruptcy case.

April 13th, 2023: Update on the major announcement is an $8.9 billion over the next 25 years offer for settlement. Lawyers representing cancer victims in MDL class action MDL collective action vowed to challenge the settlement Talc claimants. Why? They feel it’s not enough for those suffering from cancer who are 70,000. Talc claims. These lawyers argue that J&J should seek a bigger settlement or litigate individual claims in the event that the latest bankruptcy is dismissed.

However, there is a second group of lawyers that is not part of the leadership in this class action. These lawyers have amassed the equivalent of tens of thousands of lawsuits. They want to settle in what many believe to be less than these victims deserve. Their argument seems to be two-fold. First, they argue the settlement, which is about an average of $100,000 per plaintiff is fair.

This is an argument that is difficult to make. But their second argument has more teeth: victims can not afford to wait any longer and need to get their money right now.

April 12, 2023 Update: People are asking how J&J can file for bankruptcy once more. The answer is complicated and complex. Let’s try to clarify the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only means to settle both present and future talc lawsuits conclusively. Also, it thinks it can get a lower rate when there is the bankruptcy element which applies pressure for a settlement. Talc claims. Going back to more than 400 years in American history, the company claims that bankruptcy benefits all parties because it distributes settlements more equally and effectively than trial courts where litigants are awarded significant payouts, while others are left with nothing.

The basic tenet in the 3rd Circuit decision was this is not a case – a profitable company making subsidiaries to meet the legal burden and declare bankruptcy Congress considered when it was drafting the Bankruptcy Code. But it also said the company was in financial trouble because J&J promised unlimited funding.
So J&J did not hesitate to take advantage of the unlimited funding portion of the holding but did not pledge that it would provide unlimited funds for the litigation. The company claims that its new financing agreements with its subsidiary addresses the concerns of the appeals court while offering funds to pay claims. As if providing victims with less money will solve the overarching problem.

Lawyers representing cancer patients who oppose the agreement counter this argument by saying that it is the legal argument. Talc claims. They counter with legal nonsense: J&J fraudulently transferred $50 billion in assets away from LTL Management to circumvent the appeals court’s decision. The hyperbole wasn’t spared the lawyers representing victims call it the most significant “fraudulent move in United States history.”

In spite of the legal jargon, J&J does not really believe that this bankruptcy will last. It is however a method of trying to push this $8.9 billion settlement to keep pressure on plaintiffs.

April 10, 2023 Update: Bloomberg is running an intriguing piece on a law that has been passed of New Jersey that is shedding new light on the funding of litigation in the plaintiffs in the class action. Funders of litigation Virage Capital Management and TRGP Capital invested in hundreds of claims from Johnson & Johnson (J&J) over talc products in exchange in exchange for a portion of winnings. J&J has now offered that it will pay $8.9 billion to settle lawsuits.

The involvement of the funders is public information because of an New Jersey court rule requiring the disclosure of certain information about funders outside the state. The rules aim to tackle the growing demands for the regulation of lawsuit funders. J&J has more than 60,000 claims when you take into account federal and state Baby Powder lawsuits. Third-party financing in mass tort cases has pros and cons. However, there is no doubt that we are seeing the ways that third-party funding can even the playing field between individuals and big corporations in the courtroom.

April 4, 2023 Update: It is pleasing to see the worm turning in this case. J&J suffered another setback this week when they were denied by the Third Circuit denied J&J’s request to continue the automatic stay during the time that J&J appeals an appeal before the U.S. Supreme Court. Automatic stays have stopped hundreds of cases involving talcum powder and prevented the filing of new lawsuits ever since J&J launched the controversial attempt to spin the talc debts off into a bankrupt company over a year ago. Talc claims. After the 3rd Circuit ruled that this bankruptcy was not legal only a few months back, the stay was revoked. J&J had hoped to have it remain in effect until hearing the SCOTUS appeal. But 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 the Supreme Court is willing even to consider the appeal? Low.
March 16, 2023 Update: with the bankruptcy stay having been fully lifted, the first new cases have been filed and transferred into the talcum powder class action MDL in the space of a year. Seven new talc lawsuits were included in the MDL over the last month, bringing the total number of pending cases up to 37,522.

February 25 2023 Update 2023 Update: A Congressmen from Tennessee is now requesting that the U.S. Government Accountability Office (GAO) launch an investigation into the amount J&J Talc products have cost the government over the years.
In a recent letter 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 many years, while tax dollars were utilized to treat people injured by exposure to the chemicals. The lawsuit comes just a few weeks following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.

Talc claims. J&J should begin to make reasonable settlement proposals for victims in order the process of putting all this behind it. This is a disgrace to one of the most prestigious firms.

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

 

You May be Entitled to Significant Compensation Talc claims. 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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