Talc Is Bad – Are You Eligible To File A Talc Lawsuit?

You May be Entitled to Significant Compensation Talc is bad. 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 be worth $440 million US state AGs. Talc Is Bad .

Johnson & Johnson (JNJ.N) has set the amount of $400 million for resolving U.S. state consumer protection actions as part of a larger $8.9 billion effort to settle allegations that its Baby Powder as well as other talc products cause cancer. Talc is bad.

J&J subsidiaries LTL Management filed a bankruptcy plan in New Jersey late on Monday that outlines how the firm intends to pay for different types of cancer victims as part of the bankruptcy settlement. Talc is bad. J&J has declared that its Talc products are safe and won’t cause cancer. The company is trying for a second time to resolve more than 38,000 lawsuits filed in bankruptcy and stop new cases from arising in the near future.
LTL’s bankruptcy plan would pay $400 million into a separate trust for claims brought with state attorneys general alleging that J&J did not comply with state unfair business practices and consumer protection laws by misinforming consumers about the safety of its talc products.

Many states had initiated consumer protection cases against J&J prior to the first bankruptcy filing stopped these investigations from proceeding in 2021. Talc is bad. New Mexico and Mississippi had already initiated suit against Johnson & Johnson before then as well as the states of Arizona, Maryland, North Carolina, Texas and Washington had issued civil investigative demands or subpoenas, according to LTL’s court papers.

 

 

New Mexico and Mississippi have filed a petition to end LTL’s bankruptcy in a joint move with cancer victims and their counterparts from the U.S. Justice Department’s watchdog on bankruptcy, who have argued that a profitable company like J&J is not eligible for bankruptcy protections meant for people with debt problems.
The first attempt by LTL to resolve the bankruptcy cases was dismissed following similar arguments. A U.S. appellate court determined that LTL was not in “financial difficulty” and ineligible for bankruptcy protection. Talc is bad. LTL declared bankruptcy a second time in just two hours following the dismissal, saying that its second attempt was different due to the fact that it had less money available and more support for an agreement.

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

 

Talc Is Bad

LTL’s filings for the new year also contained additional details about how the company plans to evaluate and pay cancer claims when the bankruptcy plan is approved.

The highest payments under the settlement will be $500,000 for patients diagnosed with mesothelioma that is terminal before the age of 45, and $260,000 for people diagnosed with cancer of the ovary before age 45.

From there, the proposed settlement applies discounts depending on the type and severity of cancer, an individual’s age, history of talc use and other factors. Talc is bad. For example someone who regularly used the talc product on a regular basis, had the family history of ovarian cancer and was diagnosed with Stage II cancer of the ovary at age 55 may qualify to receive a payout of $21,125 under the program.

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

After another round of hearings in Johnson & Johnson’s effort to employ a Texas Two Step bankruptcy strategy for talc litigation and federal bankruptcy judge Michael Kaplan has ordered the company as well as those who oppose the plan to enter into negotiations to settle the matter, Bloomberg reports.

In its second bankruptcy effort for LTL Management, a subsidiary set up by J&J to hold the claims–the company offered a settlement of $8.9 billion. Talc is bad. While a firm representing plaintiffs agree with the settlement, a different group opposes the deal.

The previous week, the opposition group, called”the Official Committee of Talc Claimants in the bankruptcy court, demanded to disqualify the petition by argument that LTL can not be considered in financial hardship.

“The filing is an unjust and legally flawed attempt by a tiny number of law firms to stop claimants from voting on the resolution plan–a plan that the overwhelming majority of claimants are in favor of,” J&J’s litigation chief Erik Haas, said in a statement. Talc is bad. “The law firms that are behind this filing have financial interests that are in conflict with, diverge from and infringe on the rights which their clientele. We will be submitting a response an appeal to the appellate court.”

Talc is bad. Clay Thompson, a lawyer for MRHFM which has more than 80 mesothelioma patients who have filed lawsuits against J&J for bankruptcy, told J&J’s second bankruptcy attempt is likely to fail.

“J&J issue press releases describing how fantastic its plans are, but is insisting that the plan’s details, including what individual sick people would actually receive — be kept private,” Thompson said in an announcement. “What do J&J have to hide?”

 

 

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

In February 2022, Kaplan affirmed the ability of J&J’s recourse to Chapter 11 to hasten a settlement that would free J&J from the hundreds of thousands of claims related to its talcum-based products.

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

The J&J’s plan to appeal to the U.S. Supreme Court was dismissed on April 1, J&J declared bankruptcy just two hours later. In response, Kaplan froze the lawsuits for 60 days to decide whether or not to accept the second bankruptcy.

J&J’s unstoppable profit engine goes out of control after $6.9B talc litigation charge.

In the 2 Chapter 11 attempts, J&J has purchased 19 months of which cases were put on hold. Talc is bad. The company is requesting that claimants vote on accepting their settlement. J&J will require 75% acceptance for the deal to pass.

In addition to the team of talc lawyers who panned the company’s bankruptcy, the U.S. Trustee is an arm from the U.S. Department of Justice, also filed a motion 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 remain “open to honest, but naive debtors.” The doors “are not accessible to those that do not have a legitimate objective or seek to use bankruptcy to delay or hinder their creditors.” Vara continued.

On the other hand, J&J maintains there is no evidence conclusive that its Talc-based products, such as the famous baby powder, cause cancer. J&J has been taking the products of the market–first on North America in 2020–and the rest of the world next year.

J&J intends to steer clear of the expense of going to trial. The company has won most of the cases that have been resolved through trial, though certain losses have been punitive.
A well-known trial in Missouri resulted in an $4.7 billion verdict against the drug company 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 being appealed or decided. Of the 41 trials, 32 of them ended in the favor of J&J, a mistrial or verdict for a plaintiff that was annulled after appeal. Talc is bad. Separately, the company in 2020 moved to settle nearly 1,000 cases worth $100 million, Bloomberg reported at the time.

 

Talcum Baby Powder Ovarian Cancer Lawsuit – Talc Is Bad

Our lawyers handle the baby powder litigation in every state. The talcum powder lawsuits on behalf of Johnson & Johnson have been in the process for several years. Talc is bad. The lawsuits assert that long-term use of talcum powder (or “talc”), the active ingredient found in products such as the Baby Powder as well as Shower to Shower, can cause ovarian cancer among some women.

This page gives an J&J talc power litigation update and discusses how the upcoming bankruptcy ruling impacts the ultimate settlement amount in these cases of ovarian cancer.

Have you reached the deadline by which you to bring a talcum lawsuit? Many who believe the statute of limitations has run out to sue Johnson & Johnson are wrong. Call us today at 800-553-8082 or get a no-cost, quick case review online.

 

Johnson and Johnson Talcum Powder Lawsuit Update 2023 – Talc Is Bad

June 2, 2023 Update: During the trial for asbestos-containing talc that took place in California yesterday, technical glitches interrupted the opening statements made by defense lawyers. Talc is bad. Jurors watching at home via Zoom and hearing the Johnson & Johnson’s lawyer voice his doubt about the 70s research that claimed asbestos was present in their product, but the opening was abruptly ended.

The plaintiff had the opportunity to introduce the first of their witnesses, Arthur Langer. Langer explained that the occurrence of other minerals in the talc’s mineral content is inevitable. He claimed that his group informed J&J in the year 1971 of the presence of chrysotile asbestos the talc manufactured by the company, though with less than 0.1 percent. The asbestos was discovered by him in the year 1976.

June 1st, 2023 Update Talc is bad. First trial after J&J decided to spin off its talc division, and then declare bankrupt marks an important moment in the ongoing talc litigation story. The trial started yesterday in the tragic case of a young, 24-year-old plaintiff who was diagnosed with an extremely rare and aggressive form of mesothelioma last year, which both sides believe is a harrowing tragedy.

Opening statements laid bare huge differences between the sides’ story. The attorney representing the plaintiff took aim on Johnson & Johnson, alleging the use of deceitful tactics in research practices and throughout the litigation process. As per the lawyer, Johnson & Johnson attempted to alter asbestos’ definition, 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 with the development of the trial. Despite the distinctive nature of this mesothelioma-related case and the unique issues it faces compared to most talcum powder lawsuits and a decision in favor of the plaintiff could be an unintended setback to Johnson & J’s expectations of widespread acceptance of their proposed settlement with plaintiffs.

May 31 2023 Update: Johnson & Johnson’s bankrupt talc business strongly defended its Second Chapter 11 filing in the facing challenges from the talc injury plaintiffs. In a written objection to the New Jersey bankruptcy court, J&J’s subsidiary claimed that the filing was fundamentally different from the earlier filing. The subsidiary emphasized the record-breaking commitment to $8.9 billion from J&J which is the biggest settlement ever to be made in a mass tort bankruptcy case. Talc is bad. There was no mention of how this amount implies that it is a fair settlement. J&J also claimed that it received support from numerous plaintiffs’ law firms that represent over the 60,000 plaintiffs. This is hard to verify but is probably incorrect.

May 24 2023 Update: As of Johnson & Johnson’s bankruptcy in 2021 filing, the first trial concerning its cosmetic talc products that are believed to comprised of asbestos is set to commence jury selection on Monday in California with Alameda County Superior Court, the most favored court for plaintiffs. Plaintiff claims that mesothelioma resulted from asbestos exposure through J&J’s products which J&J is denying. The trial also involves six retailers who are accused of selling talc-based products.

May 22, 2023 Update: Lawyers involved in the 2nd J&J Talc bankruptcy are currently in a dispute over who should be chosen to fill the role of a future claims representative, an important role essential to the resolution of the claim for talc. Talc is bad. Randi Ellis, a lawyer who frequently appears in MDLs all over the nation, was appointed as the claims representative during the first bankruptcy. J&J’s defense team would like Ellis to be named to the position yet again, but the lawyers for the talc plaintiffs are protesting because Ellis has an interest conflict that should prevent her from holding that position for the second time. The dispute stems from reality that Ellis was involved in drafting the hotly contested second bankruptcy, which raises doubts about her capacity to be neutral. In reality, the bankruptcy will be dismissed regardless.

May 17th, 2023 Update: The pretend company J&J made up to settle the talc litigation bankruptcy informed an New Jersey bankruptcy court that they have designated $400 million to pay the claims made by states accusing the company of deceitful advertising for its talc-based products. Talc is bad. It’s a $8.5 billion settlement for cancer sufferers. It’s difficult to envision the scenario in which J&J can get these settlements for babies in these figures. Although J&J’s $8.5 billion offer sounds like a lot of money initially, it may not look great when you look at the numbers. This settlement proposal – by our rough calculations would not pay victims much more than a median settlement of $100,000 per case. That is not enough.

May 15 2023 update: J&J could be facing lawsuit brought by an advocacy group that represents cancer patients. Talc is bad. The group argues that J&J intentionally withdrew a $61.5 billion fund-raising agreement in conjunction with its affiliate, LTL Management LLC, to create the appearance of financial hardship and confirm the unit’s Chapter 11 bankruptcy filing. The group argues that this act amounts to a fraudulent transfer of the rights of compensation for victims. They plan to explore J&J’s actions after the announcement of the decision to dismiss LTL’s first bankruptcy suit.

May 10 2023 Update: The following week next week, this week the U.S. Bankruptcy Court in New Jersey will hear oral arguments regarding a motion to dismiss the second bankruptcy filing of J&J subsidiaries LTL Management. In the meantime, however, LTL Management has filed an Order which requires both sides to participate in a new settlement negotiation to see if the global settlement can be reached.

May 5th 2023: Update on Talc supplier Whittaker, Clark & Daniels filed for Chapter 11 bankruptcy due to many lawsuits claiming that its talc products caused cancer through asbestos exposure. Talc is bad. Over 2700 people have sued the firm and it is paying $1 million per month on legal defense. The company’s latest $29 million settlement in 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 taken over from the receiver. Other suppliers of talc have been forced to file for bankruptcy as a result of legal proceedings.

May 4 2023 Update U.S. The bankruptcy Judge Michael Kaplan has directed Johnson & Johnson to relaunch talks with lawyers who turned down Johnson & Johnson’s $8.9 billion agreement. In Trenton, New Jersey yesterday, the parties appeared before a judge to discuss the next steps in their second bankruptcy matter and Judge Kaplan was pushing for more settlement discussions.

This is the solution to resolve these claims for J&J. A baby powder settlement can be achieved. Talc is bad. But it’ll need more money – more billions of dollars – from Johnson & Johnson.

Lawyers are split on whether or not to agree with the proposal and not all clients see this issue the same way their lawyer sees it. This second case of bankruptcy is expected to be a failure with Judge Kaplan has scheduled a hearing in June to decide if he will discharge the bankruptcy for the 2nd time.

May 3, 2023 Update The group of cancer patients who have sued Johnson & Johnson (J&J) demanded for the Third Circuit halt the bankruptcy filed by J&J subsidiary LTL Management, claiming it is an attempt to halt the litigation involving talc products. The group of talc claimants submitted a motion on Tuesday asking the Third Circuit to consider their appeal and return the case the lower court, with instructions to discharge the bankruptcy. Talc is bad. They also requested that the stopped tort litigation against J&J be allowed to continue.
LTL filed for Chapter 11 protection once again following the bankruptcy filing it made earlier was denied by the Third Circuit earlier this year with the possibility of an $8.9 billion agreement. The committee believes that the recent ruling, which allows LTL’s third Chapter 11 to continue, while also halting trials against J&J should be subject to immediate Third Circuit review. The US Trustee also asked that be 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 formal response to the appeals court calling the request a “desperate and legally insufficient attempt” by a handful of law firms who have conflicts of financial interests.
May 1 2023 Update: A common question that people ask is how the plaintiffs’ lawyers and their clients turn on $8.9 billion. That’s of course a lot of money. However, there are lots of victims. Talc is bad. And these are really good claims for plaintiffs. We were reminded of this recently in two talc trials which ended in large verdicts for plaintiffs. In February, a talcum powder mesothelioma trial in Oregon ended in the verdict that was $18.1 million. In the same month, a different mesothelioma-related talc case went to trial 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 suppliers of talc within the U.S.
April 30 2023 Update: When J&J first attempted to drag the litigation over talcum powder into bankruptcy, it was met with an offer to reserve $2 billion to settle the case. It was a ridiculously small amount. The talc plaintiffs had not agreed with the offer. This time, J&J has increased the offer to $8.9 If the talc plaintiffs agree to a bankruptcy settlement and they also have the support of a substantial section of the talc victims and their attorneys. Talc is bad. But 75% of the talc plaintiffs, which is required to approve bankruptcy plans It’s a long and difficult process with so many lawyers with vast inventories of baby powder lawsuits that are opposed in favor of the deal.

What could solve the impasse? More billions.
April 25, 2023 Update Talc plaintiffs have sought a court order to disqualify their Chapter 11 case filed by LTL Management LLC, a absurdly made-up Johnson & Johnson subsidiary, saying the company is not financially strained. LTL requested Chapter 11 to settle tens of thousands of claims that J&J’s baby-powders caused cancer. Talc is bad. LTL was denied Chapter 11 in January. 3rd Circuit dismissed its first Chapter 11 case in January and said that the company was not eligible for bankruptcy relief because it did not show financial difficulties.

The plaintiffs argue that the 2nd Chapter 11 case is an misuse of the bankruptcy system and that the case is being handled in bad good faith. J&J claims the bankruptcy settlement has “significant backing” from firms representing approximately 60,000 plaintiffs. It’s safe to say that plaintiffs’ lawyers and victims ‘ lawyers are divided on what they believe is an $8.9 billion settlement offer.

April 21st, 2023 Update A bankruptcy judge has decided that Johnson & Johnson must face new lawsuits alleging that the firm offered a baby powder with a contaminant that caused cancer. Even though trials for the lawsuits involving talc are delayed for a minimum period of 60 days but new lawsuits can be filed and lawyers will begin preparing their cases. Talc is bad. Judges expressed skepticism about J&J’s attempt to relaunch its strategy in another bankruptcy case.

April 13th 2023 Update: The big story is that there’s an $8.9 billion over the next 25 year period settlement offered. Lawyers representing cancer victims within MDL class action MDL collective action promised to fight the settlement alongside talc claimants. Why? They believe it’s not enough to pay for more than 70,000 cancer victims. Talc is bad. These lawyers believe that J&J should seek a bigger settlement or pursue individual claims if the most recent bankruptcy is declared unconstitutional.

However, there is a second group of lawyers that is not part of the leadership in group action. These lawyers have collectively amassed tens of thousands of cases. The group is seeking to settle today for what is believed to be less than these victims deserve. Their argument is twofold. The first is that they claim the settlement – about the equivalent of $100,000 per plaintiff – is fair.

This is an argument that is difficult to present. The second argument is more teeth: victims can not afford to wait any longer and need the money immediately.

April 12, 2023 Update: People are asking how J&J is able to file for bankruptcy once more. The answer is complicated and confusing. But let’s try to explain the issue in a simple way.
Johnson & Johnson asserts that bankruptcy is the only means to settle both present and future talc lawsuits conclusively. It believes it can pay less should there be a bankruptcy component that applies pressure to settle. Talc is bad. Going back to the 400-year span of American time, the business asserts that bankruptcy benefits all parties as it distributes settlements more equally and efficiently than trial courts, where litigants are awarded significant settlements while others get nothing.

The gist in this 3rd Circuit decision was this is not a case – an enterprise that is profitable, forming an affiliate to accept the legal burden and declare bankruptcy, which is what Congress contemplated when drafting the Bankruptcy Code. However, it also stated the company was financially distress because J&J promises unlimited funding.
So J&J decided to go with the unlimited funding portion of the holding and didn’t make any promises to fund unlimited litigation. J&J claims that its modified financing arrangements with its subsidiary will address appeals court’s concerns, while offering funds to pay claims. As if providing victims with lower amounts of money would resolve the problem at hand.

Lawyers representing cancer victims who oppose the agreement counter this with what you conclude is countering legal nonsense with legal absurdity: J&J fraudulently transferred $50 billion of assets away from LTL Management to circumvent the appeals court’s ruling. Hyperbole is not exempt attorneys representing the victims claim it the largest “fraudulent transfer of assets in United States history.”

In spite of the legal jargon, J&J does not really think this bankruptcy will survive. However, it’s a means to push for this $8.9 billion settlement, and to keep the pressure on plaintiffs.

April 10, 2023, Update Bloomberg has an interesting article about a new law of New Jersey that is shedding new light on the funding of litigation in the Class action suit. Funders for litigation Virage Capital Management and TRGP Capital invested in hundreds of claims in the case of Johnson & Johnson (J&J) concerning talc products in exchange for a portion of any winnings. J&J is now willing the payment of $8.9 billion to settle lawsuits.

The funders’ involvement is public information due to an New Jersey court rule requiring the release of certain details about funders outside the state. The rules aim to respond to the increasing calls for regulation of litigation funders. J&J faces over 60,000 claims when you take into account state and federal infant powder litigation. Third-party funding for mass tort lawsuits has its pros and cons. But there is no question that we are witnessing how third-party funding can level the playing field between people and big corporations in the courtroom.

April 4 2023 Update: It’s pleasing to see the worm turn in this litigation. J&J suffered another setback this week, when the Third Circuit denied J&J’s request to extend the automatic stay while J&J appeals an order granting bankruptcy at the U.S. Supreme Court. The automatic stay has halted the cases of talcum powder in a number of years and prevented new lawsuits from getting filed ever since J&J initiated the controversial effort to spin the talc debts off into a bankrupt subsidiary more than one year back. Talc is bad. When the 3rd Circuit ruled that this bankruptcy was insufficient a few months ago, the stay was lifted. J&J had hoped to have it remain in effect until hearing 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. The likelihood that for the Supreme Court is willing even to hear 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 within a year. Seven new talc lawsuits have been added to the MDL during the month of March which brings the total number of cases in the pending process up to 37,522.

February 25, 2023 Update: A Congressmen from Tennessee is now requesting that The U.S. Government Accountability Office (GAO) begin an investigation into how much J&J products containing talc have cost the government over the decades.
in a letter to the GAO, Rep. Steven Cohen (D-Ten.) in a recent letter to the GAO, Rep. Steven Cohen (D-Ten. J&J of not recognizing the risks of its talc product for years while tax dollars were spent treating those injured by exposure to the product. The suit comes just a few days following J&J’s dramatic loss in the 3rd Circuit Court of Appeals.

Talc is bad. J&J needs to start making reasonable settlement proposals to victims to in putting this behind it. This is a disgrace to one of the most prestigious firms.

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

 

You May be Entitled to Significant Compensation Talc is bad. 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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