Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A 24-year-old man with pericardial mesothelioma has alleged Johnson and Johnson's baby powder was responsible for his cancer. The Oakland mesothelioma case marks the first trial to be held since J&J filed for bankruptcy and split off its Talc division.
In the first quarter of the year, substantial settlements were reached in talc lawsuits in New Jersey and California. Plaintiffs attributed cancer to asbestos that was found in J&J products Shower to Shower and baby powder.
What is Mesothelioma?
Mesothelioma is a fatal form of cancer that affects the mesothelium, or lining that surrounds organs and body cavities. It is usually found in the lungs but it can also be found in the abdomen, heart and chest cavity as well as testicles. Asbestos is the only known mesothelioma causing agent and those who have been exposed to asbestos are at greater risk of developing this disease.
The first trial after J&J declared bankruptcy on its talcum-powder division opened in Oakland, California this week. Jurors were moved by the story of the plaintiff. In 2022, the plaintiff, who was only 24 years old at the time was diagnosed with malignant mesothelioma of the pericardium. He blamed the reason for his illness to his use of Johnson & Johnson Baby Powder. The jury awarded him $25 million.
J&J has been accused of obfuscating asbestos-related risks from consumers for a number of years. J&J has a history of obstructing asbestos research from regulators and funding asbestos tests to generate the results it desired. Several of the company's talcum powder suppliers have been named in these lawsuits, including Whittaker, Clark & Daniels and Imerys Talc America.
Many women who used talcum powder to maintain feminine hygiene in the genital area or on sanitary napkins or condoms have gotten an ovarian cancer and some have been diagnosed with mesothelioma. The lawsuits claim that J&J was aware for more than 40 years that the powder could cause ovarian cancer and other illnesses, but did not take the time to warn consumers.
Mesothelioma symptoms include breathing problems, chronic coughing abdominal pain, fatigue and lumps or masses on the chest or abdomen. Doctors can identify the disease by a physical examination and imaging scans. These could include CT (computer tomography) scans, MRIs and PET or X-rays.
When mesothelioma is discovered patients may undergo surgery, chemotherapy and/or radiotherapy. Depending on the location of their tumors surgeons may be able remove the affected tissue. Patients with mesothelioma are sometimes given an expected life expectancy of less than five years. However, aggressive treatments such as extracorporeal membrane transplant and cytoreduction with hyperthermic intraperitoneal chemotherapy can prolong survival.
What is the cause of Mesothelioma?
Like all cancers, mesothelioma develops when a cell's DNA experiences mutations. These mutations can cause uncontrolled cell growth, which forms tumors in tissues. Asbestos is the most common cause mesothelioma. The exposure to asbestos can be found in a variety of fields such as mining, manufacturing construction, transportation and construction. Asbestos exposure is typically seen in the 20 to 40 years preceding symptoms develop. Mesothelioma is more common in males than women, and is most often diagnosed in people in their 50s and 70s. The type of asbestos-related mesothelioma that a person develops is usually determined by the location they were exposed. The majority of mesothelioma patients are diagnosed with pleural msothelioma, which affects the lung. Some are diagnosed with peritoneal mesothelioma. This kind of mesothelioma is affecting the abdomen. In addition, some individuals are diagnosed with pericardial mesothelioma. It is the most rare form of the disease that affects the lining of the heart (pericardium) and the organ itself.
A lack of breath as well as abdominal pain and fatigue are all symptoms of mesothelioma. In the latter stages of mesothelioma the tumors can spread to other parts which can cause extreme discomfort and pain. Other common symptoms of mesothelioma include fluid on the lungs (pleural effusion), loss of appetite, difficulties swallowing, and a blockage of the small intestine, referred to as a bowel obstruction. Mesothelioma can be fatal.
The talcum-powder case in Oakland involved a person who was 24 years old who was diagnosed with pericardial mesothelioma as a result of using J&J baby powder. His lawyers argued that J&J knew that talc contained asbestos, but didn't warn customers. They also cited a 1998 letter to a J&J executive that revealed the possibility of asbestos being in their products.
This is the latest in a long line of large verdicts against J&J. In March, J&J's Talcum Powder caused ovarian mesothelioma to a woman. Last month, another jury in Missouri awarded $55 million in a similar case. Seven new cases have been added to the MDL talcum-powder over the past month, bringing to 37,522 the total number of lawsuits in the process. Most of these lawsuits are filed by women who have used J&J talcum powder to maintain feminine hygiene.
How Can I tell whether I have mesothelioma or not?
A diagnosis of mesothelioma may be devastating. Patients should always consult a specialist to get the most accurate diagnosis possible and avoid misdiagnosis that could lead to unnecessary treatment and let cancer grow.
A physical examination and a blood sample can aid in identifying mesothelioma-related symptoms. These tests can check for the presence of asbestos fibers in the blood or to determine the way in which the organs of a patient are functioning. The most accurate method to diagnose mesothelioma is the procedure of a biopsy. Doctors remove tissues or fluids from the affected area, and then look at them under a microscope to look for mesothelioma tumor cells.
The type of mesothelioma that a person has can also influence the prognosis of a patient. Pleural mesothelioma is by far the most common type of the disease, and accounts for the majority of cases that are diagnosed. Peritoneal cancer, which forms in the lining of the abdomen is a less well-known type. In addition, pericardial mesothelioma is a rare form of cancer that occurs in the lining the heart. It is only one percent of all cases.
Shortness of breath, which becomes worse over time, and bloody coughing are some of the first symptoms. Asbestos patients may also experience fluid buildup in the chest cavity, a condition called pleural effusion. It can be removed by inserting a needle into the affected region of the chest cavity. In more serious cases, doctors can perform a procedure called pleurodesis to close the space to stop the reaccumulation of fluid in the pleura.
Making sure that mesothelioma is diagnosed correctly is the best method to determine the patient's treatment options and the survival rate. Chemotherapy, surgery, and radiation are all options. Other options include immunotherapy, a type of treatment that boosts the immune system to fight mesothelioma cells and tumor-targeting fields, which use a magnetic field to eliminate cancerous cells.
A mesothelioma specialist can help patients understand different mesothelioma cells, which determine the severity of the cancer and the outlook of the patient. Patients should discuss their experience of exposure to asbestos with their doctor to determine if they're mesothelioma-related and discover what kinds of treatment options are available to them.
How Can I get help?
If you've used Johnson & Johnson talcum and developed ovarian or other illnesses such as mesothelioma following the use of the powder, you may be eligible for a significant amount of compensation. Contact us today to receive an obligation-free, no-cost assessment of your case. We can assist you in bringing mesothelioma suits against J&J to ensure that they are held accountable for their negligence.
Mesothelioma, an extremely rare and fatal condition caused by asbestos exposure, is a rare disease. Asbestos was widely utilized in a variety of industrial and consumer products like baby powder. In talcum-powder lawsuits plaintiffs assert that exposure to asbestos from inhaling the powder caused them to develop mesothelioma and other health issues.
J&J did not warn the public about the dangers of talcum and asbestos even though they were aware of them for many years. Plaintiffs have filed mesothelioma lawsuits against the company seeking compensatory and punitive damages. The claims have been combined in state and federal multidistrict litigations, or MDLs.
In 2018, one of the first major Talc trials ended in a $4.7 billion settlement for the plaintiff. This was a major news story and set a tone for the rest of the litigation. Last month, a judge ruled against a request by J&J to dismiss the lawsuits brought by the state of Mississippi.
However, in an effort to derail the litigation, J&J tried again. LTL Management, a subsidiary of J&J, filed for bankruptcy after the company created an entity to take over its liabilities. iowa mesothelioma attorney stopped hundreds of talc suits but the 3rd Circuit rejected that strategy.
The lawsuits brought by the state of Mississippi are built on the same allegations that were a part of the individual lawsuits against J&J which allege that the company's failure to warn consumers about the dangers of ovarian cancer resulting from talcum powder was negligent and constituted violations of the law of the state.
J&J has submitted its motion to dismiss the lawsuits to a different bankruptcy court. A hearing is scheduled for June to determine if the lawsuits against J&J can proceed. If you or someone around you has been diagnosed with mesothelioma or another condition that could be the result of talcum powder. You should seek legal counsel immediately. Our skilled attorneys will assist you in getting the justice you deserve.