Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A man aged 24 with pericardial mesothelioma has alleged Johnson and Johnson's baby powder caused 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 early part of the year, huge settlements were made in talc suits in New Jersey and California. Paterson mesothelioma attorney attributed cancer to asbestos in J&J products Shower to Shower and baby powder.
What is Mesothelioma?
Mesothelioma can be a deadly form of cancer that affects the mesothelium the lining that surrounds organs and body cavities. It is most common in the lungs but can also be located in the chest and abdomen cavity. Asbestos is the only known mesothelioma-related cause and those who have been exposed to asbestos are at a greater risk of developing this disease.
The first trial since J&J declared its Talcum Powder division bankrupt began this week, and jurors in Oakland, California were emotional as they heard the testimony of the plaintiff. The plaintiff, who is just 24 years old, was diagnosed with malignant pericardial mesothelioma 2022. He blamed the cause of his condition to his use of Johnson & Johnson Baby Powder. The jury awarded him $26 million.
J&J has been accused of obfuscating asbestos risks from the public for a long time. The company has a long tradition of hiding asbestos information from regulators, as well as paying for asbestos tests that did not yield the results they wanted. These lawsuits have identified several of the talcum-powder suppliers for the company which include Whittaker Clark & Daniels, Imerys Talc America, and others.
Some women who used talcum to provide feminine hygiene, such as sanitary pads or condoms as well as in the genital region have been diagnosed with mesothelioma and ovarian cancer. The lawsuits claim that J&J knew for more than 40 years that the powder caused mesothelioma and ovarian cancer but failed to warn customers of the risk.
Mesothelioma symptoms may include breathing problems, chronic coughing and abdominal pain, fatigue, and lumps or masses on the abdomen or chest. Doctors can detect mesothelioma with a physical exam and imaging scans. These may include CT (computer tomography) scans, MRIs and PET or X-rays.
When mesothelioma is discovered, patients can undergo surgery, chemotherapy, and/or radiotherapy. The surgeons are able to remove the affected tissue, based on the location of the tumors. Patients with mesothelioma may be given an expected life expectancy of less than five years. However, aggressive treatments such as extracorporeal membrane transplant and cytoreduction by hyperthermic intraperitoneal chemotherapy may prolong the duration of their survival.
What causes Mesothelioma?
Like many cancers, mesothelioma occurs by DNA mutations. These mutations can cause uncontrolled cell growth, which creates tumors in the tissues. Asbestos is the most common cause mesothelioma. Exposure to asbestos can be found in a variety of fields, including manufacturing, mining construction, and transportation. Asbestos exposure is typically seen in the 20 to 40 years preceding symptoms appear. Men are more likely to develop mesothelioma compared to women. It is also found most often in people between the ages 50 and 70. The type of asbestos-related mesothelioma that a person develops is often determined by where on their body they were exposed. Most mesothelioma patients are diagnosed with pleural mesothelioma, which affects the lung. Some are diagnosed with peritoneal mesothelioma, one type of mesothelioma which affects the abdomen. Some patients are diagnosed with pericardial mesothelioma. This is an extremely rare type of the disease which affects both the lining (pericardium), and the organ itself.
The symptoms of mesothelioma are fatigue, shortness of breath, abdominal pain and weight loss. In the last stages of mesothelioma, the tumors can grow to other areas which can cause extreme discomfort and pain. Other signs of mesothelioma are fluid in the lung, a loss of appetite and difficulty swallowing and eating. Mesothelioma can be fatal.
The trial involving talcum powder in Oakland involved a man of 24 who was diagnosed with pericardial cancer due to the use of J&J baby powder. His lawyers argued that the company knew that talc contained asbestos, but did not warn consumers about it. They also cited an 1998 letter addressed to a J&J executive, revealing the possibility of asbestos being in their products.
This is just the latest in a long line of large verdicts against J&J. In March the jury awarded $18.8 million to a woman who developed mesothelioma of the ovarian tract from J&J's powder. Then, last month, a jury in Missouri awarded $55 million in a separate case that involved the same issue. Seven new cases have been added to the MDL talcum powder over the last month, bringing to 37,522 the number of pending suits. Most of these lawsuits are filed by women who used J&J talcum powder to maintain feminine hygiene.
How do I know whether I have mesothelioma not?
A diagnosis of mesothelioma can be devastating. Patients should always consult an expert to obtain the most accurate information possible and prevent misdiagnosis that could lead to unnecessary treatment and let cancer expand further.
A physical examination and blood test could be an effective way to determine whether mesothelioma may be causing symptoms. These tests can be used to test for asbestos fibers in blood, or the health of a patient's internal organs. The most precise method to identify mesothelioma is with a biopsy, in which doctors remove tissue or fluid from the affected area and examine it under a microscope in order to search for mesothelioma cancer cells.
The type of mesothelioma that a person is suffering from also affects his or her prognosis. Pleural mesothelioma, the most prevalent type of disease and is responsible for the majority of cases that are diagnosed. Peritoneal mesothelioma, a cancer that is found in the lining of the abdomen is less prevalent. The pericardial mesothelioma, a rare type of cancer that develops in the heart's lining, is much rarer and only makes up around 1percent of cases.
The breath is short, and is more severe with time, and a bloody cough are some of the first symptoms. Asbestos sufferers may also experience fluid buildup in the chest cavity, a condition called pleural effusion. The fluid can be removed from the chest cavity by inserting a needle into the affected area. In more severe cases, doctors might use a procedure known as pleurodesis to close the space to stop the reaccumulation of fluid in the pleura.
A precise mesothelioma diagnosis is the best way to determine the patient's treatment options as well as their survival rate. There are a myriad of options for treatment, including surgery, chemotherapy and radiation. There are also immunotherapy treatments that increases the immune system to fight mesothelioma and cancer treating fields that employ a magnetic field in order to kill cancerous cell.
A specialist in mesothelioma can also help patients understand the various mesothelioma types that determine how aggressive the cancer is and what the patient's prognosis is. Patients should discuss with their physician their experiences with asbestos exposure to determine whether mesothelioma could be an option and what treatment options are available.
How Can I get help?
If you have used Johnson & Johnson talcum and developed ovarian or other illnesses like mesothelioma as a result of using the powder, you could be eligible for significant compensation. Contact us today for a free, no obligation case evaluation. We can assist you with bringing a mesothelioma suit against J&J to make them accountable for their negligence.
Mesothelioma is a rare, but fatal illness that is caused by asbestos exposure. Asbestos was a time when it was widely used in a variety of consumer and industrial products including baby powder. In talcum-powder lawsuits plaintiffs claim that exposure to asbestos through inhalation of the powder led to the development of mesothelioma or other health problems.
J&J was allegedly aware of the risk of talcum powder and asbestos for decades, but did not warn consumers. Plaintiffs have filed lawsuits seeking punitive damages and compensatory damages against the company. The claims have been amalgamated into federal and state multidistrict litigations, also known as MDLs.
In 2018 one of the first major talc trials resulted in a $4.7 billion settlement for the plaintiff. This was a major news story that set the precedent for the rest of the year. Last month, a judge ruled against a motion by J&J to dismiss the lawsuits filed by the state of Mississippi.
However, in an attempt to stop the lawsuit, J&J tried again. LTL Management, a subsidiary of J&J, filed for bankruptcy after the company established a new entity to assume its obligations. The bankruptcy stayed the talc lawsuits of thousands, however, the 3rd Circuit rejected this strategy.
The lawsuits brought by Mississippi are based on the same allegations of the individual lawsuits brought against J&J. They assert that the company was negligent in failing to warn consumers of the risk of ovarian carcinoma from talcum-powder and that this was an infraction to the law of the state.
J&J has submitted its motion to dismiss lawsuits before a different bankruptcy court. A hearing is scheduled for June to decide whether the lawsuits against J&J will be allowed to move forward. If you or someone near you has been diagnosed with mesothelioma or another condition that could be the result of talcum powder. You must seek legal advice immediately. Our lawyers are experienced and can help you receive the compensation you deserve.