[September 2023] Johnson and Johnson Talcum Powder Lawsuit Update

August 23 Update:

A bankruptcy judge in New Jersey officially dismissed 3M’s second attempt at filing for bankruptcy with the Texas-two step strategy.

This means that the stay on the MDL, which temporarily halted all of the litigation’s proceedings, has been lifted, allowing for pretrial processes to resume. Now that the litigation can move forward, it is expected that there will be an increase in filings for the Talcum lawsuit.

If you or a loved one used Talcum Powder and subsequently developed ovarian cancer or mesothelioma, you may be eligible to file a Talcum Powder Lawsuit.

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for the Talcum Powder Lawsuit instantly.

July 31, 2023 Update:

Johnson & Johnson’s attempt to push its subsidiary (LTL Management LLC) into bankruptcy in order to resolve the Talcum Powder Lawsuits has been struck down by US Bankruptcy Judge Michael Kaplan.

This is J&J’s second attempt at resolving the Talcum Powder Litigation through bankruptcy, and they plan to appeal this decision again.

In a similar effort to deflect some of the liabilities from the lawsuit, Georgia-Pacific (another defendant in the Talcum Powder Lawsuit) completed a maneuver known as the Texas two-step, which involves splitting a company into two, diverting all of the legal liability into the new entity, and putting that entity into bankruptcy.

By filing for bankruptcy, all lawsuits against a company are halted, preventing harmed individuals from receiving proper compensation.

This attempt was approved by a 3-judge panel on June 20.

Since this strategic maneuver was approved by an initial judicial panel, more than 20 states and Washington, D.C. have joined an amicus brief urging the 4th U.S. Circuit Court of Appeals to overturn this decision.

Their reasoning is that this maneuver exploits bankruptcy laws and allows Georgia-Pacific to continue operating without facing any liability for the damage they caused, setting a precedent for other companies facing mass tort lawsuits to manipulate bankruptcy laws to evade tort claims.

Judges across the country seem to have different opinions of the Texas-two step; the 3rd U.S. Circuit Court of Appeals rejected Johnson & Johnson’s attempt in this maneuver, and the 7th Circuit Court is still deciding whether to allow 3M to go through with this attempt.

If you or a loved one used Talcum Powder and subsequently developed ovarian cancer or mesothelioma, you may be eligible to file a Talcum Powder Lawsuit.

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for the Talcum Powder Lawsuit instantly.

July 20, 2023 Update:

A California jury awarded Emory Hernandez Valadez $18.8 million after he claimed that Johnson & Johnson’s (J&J) baby powder caused him to develop mesothelioma, a deadly cancer.

This verdict is significant as J&J is facing multiple similar cases related to its talcum-based products in bankruptcy court in the US.

Hernandez filed a lawsuit against J&J in California state court seeking compensation for medical expenses and suffering due to cancer, alleging that prolonged use of J&J’s talc led to mesothelioma.

This trial was the first talc-related case J&J faced in nearly two years.

Many plaintiffs have sued J&J, alleging that talc products caused ovarian cancer and mesothelioma due to asbestos contamination.

J&J’s subsidiary, LTL Management, filed for bankruptcy and proposed a $8.9 billion settlement for over 38,000 lawsuits to prevent new cases from arising.

Hernandez’s trial was allowed to proceed due to his limited life expectancy from the rare form of mesothelioma he suffers from, while most other litigation is halted during bankruptcy proceedings.

If you or a loved one used Talcum Powder and subsequently developed ovarian cancer or mesothelioma, you may be eligible to file a Talcum Powder Lawsuit.

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for the Talcum Powder Lawsuit instantly.

July 11, 2023 Update:

During a trial involving a plaintiff who claims that Johnson & Johnson’s talcum powder caused their cancer, Dr. Ed Kuffner, the Chief Medical Officer of the company, testified about the recall of their talc products.

The plaintiff in this case, Emory Hernandez, was diagnosed with malignant pericardial mesothelioma, a disease linked to asbestos contamination.

While most talc cases are on hold due to J&J’s subsidiary’s bankruptcy, Hernandez’s case is proceeding because of their terminal condition.

Dr. Kuffner provided insights into J&J’s response to the FDA’s report. The FDA suggested a recall during an initial call, but J&J implemented it two days later.

The company’s official announcement cited caution as the reason for the recall. However, Dr. Kuffner carefully avoided confirming the validity of the FDA’s testing or the recall itself.

When asked about the FDA’s findings, he used rhetoric to imply uncertainty. He also admitted that J&J did not test any of the 38,000 recalled bottles of talcum powder.

If you or a loved one used Talcum Powder and subsequently developed ovarian cancer or mesothelioma, you may be eligible to file a Talcum Powder Lawsuit.

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for the Talcum Powder Lawsuit instantly.

June 27, 2023 Update:

As the $8.9 billion talc settlement receives backlash from the plaintiffs, it is set to face its second bankruptcy test later this week. The bankruptcy test will determine if the J&J subsidiary company is in sufficient financial distress to file for bankruptcy, which would resolve much of J&J’s financial issues related to the lawsuit.

J&J’s subsidiary company, LTL Management, initially filed for bankruptcy in April 2023, but this was dismissed after a U.S. Appeals Court ruled the company was not struggling enough to declare bankruptcy.

This second attempt at filing for bankruptcy will be approved or denied this week. Amid this waiting period, both the plaintiffs and the U.S. Justice Department’s bankruptcy watchdog have called for its dismissal, saying LTL’s bankruptcy filing is an abuse of U.S. bankruptcy law.

U.S. bankruptcy law can shield debtors from lawsuits, halting cases against them and giving them time to reorganize in bankruptcy. However, bankruptcy judges do not always extend those protections to the subsidiaries’ parent companies.

If you or a loved one used Talcum Powder and subsequently developed ovarian cancer or mesothelioma, you may be eligible to file a Talcum Powder Lawsuit.

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for the Talcum Powder Lawsuit instantly.

June 14th, 2023 Update:

Johnson & Johnson (J&J) is facing its first trial in nearly two years over claims that asbestos in its baby powder and talc products causes cancer.

The plaintiff, a 24-year-old with mesothelioma, alleges that his cancer was caused by exposure to J&J’s talc products since childhood. J&J denies that its talc contains asbestos or causes cancer.

J&J has filed for bankruptcy and proposed a $8.9 billion settlement to resolve over 38,000 lawsuits. The trial’s outcome may impact other plaintiffs’ decisions to join the settlement.

J&J and its subsidiary argue that bankruptcy provides a more fair and efficient way to handle settlements. The company has faced talc-related verdicts, settlements, and legal fees totaling around $4.5 billion.

If you or a loved one used Talcum Powder and subsequently developed ovarian cancer or mesothelioma, you may be eligible to file a Talcum Powder Lawsuit.

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for the Talcum Powder Lawsuit instantly.

May 31st Update:

Johnson & Johnson’s insolvent talc division defended its second Chapter 11 filing against challenges from individuals claiming injury from talc. In a response submitted to a New Jersey bankruptcy court, the subsidiary in question argued that the present case was different from the previous filing and highlighted the company’s commitment of $8.9 billion from J&J, the largest ever settlement in a mass tort bankruptcy case. The subsidiary seemed to imply that the magnitude of the settlement alone should be considered evidence of fairness.

J&J emphasized that this current commitment was unprecedented, exceeding the amount pledged in the initial case by more than fourfold, insinuating that this should be seen as an indicator of fairness. Furthermore, J&J portrayed that it had garnered support from numerous law firms representing over 60,000 claimants, suggesting that the opposing plaintiffs were in the minority. However, these assertions are unlikely to be substantiated by the facts.

If you or a loved one used Talcum Powder and subsequently developed ovarian cancer or mesothelioma, you may be eligible to file a Talcum Powder Lawsuit.

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for the Talcum Powder Lawsuit instantly.

May 24th Update:

The Talcum Powder Lawsuit is ongoing, and our Talcum Powder Lawyers are speaking to potential clients about their eligibility.

There have been multiple developments in the Talc Powder Lawsuit this month.

While the Johnson & Johnson subsidiary’s bankruptcy filing halted most of the Talcum Baby Powder lawsuits, one case remains active and is set to go to court. Jury selection for this case started on May 22 in California, and it marks the first trial related to Johnson & Johnson Talcum Baby Powder since the subsidiary company filed bankruptcy in 2021.

The lawsuit claims Johnson & Johnson Talcum Baby Powder contained asbestos that caused a 24 year-old man to develop mesothelioma, a type of malignant cancer that grows in lung, chest, and abdominal tissues. The case also involves six retailers who sold the baby powder in their stores. This specific case was approved to go to trial despite the bankruptcy filing because the plaintiff has a severe malignant tumor, and there are fears he will die before a settlement is reached. Cases with similar circumstances have the potential to be approved for an expedited trial as well.

In regard to the bankruptcy case involving LTL Management LLC, the subsidiary of J&J that is being used to shed Talc liabilities, a dispute has risen.

The issue revolves around the suggested selection of Randi Ellis, a prominent figure in mass tort multidistrict litigations (MDLs), to serve as a future claims representative. Ellis previously held this position in the first bankruptcy case, but plaintiffs’ lawyers are now raising objections to her reappointment due to a significant conflict of interest.

It has come to light that Ms. Ellis was involved with the legal team employed by J&J in formulating the second bankruptcy and reorganization plan.

If you or a loved one used Talcum Powder and subsequently developed ovarian cancer or mesothelioma, you may be eligible to file a Talcum Powder Lawsuit.

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for the Talcum Powder Lawsuit instantly.

May 4th Update:

The discussions over Johnson & Johnson’s $8.9 billion settlement offer are ongoing. A 75% majority of plaintiffs lawyers are needed in order to agree to and accept the settlement, which would signal the end of the Talcum Powder Litigation. There are arguments for and against accepting the settlement, and whether to let LTL Management go through with bankruptcy.

Bankruptcy Judge Kaplan has scheduled a June hearing to make a final decision on the J&J subsidiary’s bankruptcy.

If allowed to go forward with the bankruptcy and 75% of plaintiffs lawyers agree to the settlement offer, a Talc Trust would be created that is funded by $12.08 billion over 25 years.

As of now, the Talc Litigation is paused but new Talcum Powder Lawsuits are able to be filed.

Visit this page for updates as they become available.

If you or a loved one used Talcum Powder and subsequently developed ovarian cancer or mesothelioma, you may be eligible to file a Talcum Powder Lawsuit.

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to find out if you qualify for the Talcum Powder Lawsuit instantly.

April 28th:

While there has been a $9 billion settlement offer made by J&J, this effort to resolve the Talcum Powder Lawsuit claims has been shrouded in controversy. In order to reduce the financial impact of the Talcum Powder Lawsuit, Johnson & Johnson shifted its talc liabilities onto a subsidiary company called LTL Management LLC. This subsidiary company has filed for Chapter 11 Bankruptcy.

In bankruptcy court, the judge ruled that Johnson & Johnson must face the Talcum Powder Lawsuits, but J&J is making another push to shed litigation liabilities to its subsidiary company.

Trials have been paused for the time being, but new Talcum Powder cases are able to be filed and consolidated into the Talcum Powder MDL.

Plaintiffs lawyers are working out whether to agree to the settlement and bankruptcy claim. A majority of the plaintiffs counsel is needed to approve of the bankruptcy strategy to accept the settlement offer and the strategy J&J has chosen. If J&J is allowed to file bankruptcy and it is approved by a majority of plaintiffs counsel, it will signal the end of the litigation and no more talc lawsuits will be able be filed.

Visit this page for further updates on the Talcum Litigation and find out if you’re eligible to file a Talcum Powder case today by contacting our law firm or using the chatbot on this page.

April 4th:

Johnson & Johnson has agreed to pay a $9 billion settlement to cover over 40,000 Baby Powder Lawsuits.

This major settlement offer is welcomed news to many Talcum Powder Lawyers and their clients, who after years of litigation can now look forward to potential settlement offers. All that is needed now is a majority approval from the plaintiff lead counsel.

If you or a loved one used Talcum Powder and subsequently developed ovarian cancer, mesothelioma, or other related health conditions, contact TorHoerman Law for a free case evaluation. We’re here to help.

J&J’s attempt to dismiss Talcum Powder Lawsuits through bankruptcy in the 3rd Circuit Court was unsuccessful. Johnson & Johnson plans to appeal this decision.

As of now, Talcum Powder Lawsuits are moving forward. Lawyers across the country are accepting new Talcum Powder Lawsuits.

Contact TorHoerman Law for a free consultation. You can also use the chatbot on this page to see if you qualify for a Talcum Powder Lawsuit instantly. 

Visit this page for more updates on the Talcum Powder litigation as they become available.