Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A man who is 24 years old and has mesothelioma pericardial has claimed that Johnson and Johnson's baby powder was responsible for his cancer. The Oakland mesothelioma trial is the first one to be held since J&J has dissolved its talc business and filed for bankruptcy.
This year, juries awards in New Jersey and California led to large settlements in talc-related lawsuits. Plaintiffs linked their cancer to asbestos found in J&J's Shower Shower and Baby Powder products.
What is Mesothelioma?
Mesothelioma is a deadly type of cancer that affects the mesothelium, the lining that surrounds organs and body cavities. It is usually found in the lungs, however it can also be found in the abdomen, the heart and chest cavity as well as testicles. Asbestos is the sole known mesothelioma-related cause and those who have been exposed to asbestos are at a higher risk of developing this disease.
The first trial since J&J declared its Talcum Powder division bankrupt was opened this week, and jurors in Oakland, California were emotional as they heard the plaintiff's story. The plaintiff, who is just 24 years old, was diagnosed with malignant pericardial cancer in 2022. He blamed his condition on the use of Johnson & Johnson baby powder. The jury awarded him $26 million.
J&J has been accused of hiding asbestos risks from the public for a number of years. The company has a history of withholding asbestos findings from regulators and funding asbestos tests to achieve the results it desired. A number of the company's talcum powder suppliers have been named in these lawsuits, including Whittaker, Clark & Daniels and Imerys Talc America.
Some women who used talcum for feminine hygiene on pads or condoms, or in the genital area have developed ovarian and mesothelioma. The lawsuits assert that J&J was aware for more than 40 years that the powder could cause ovarian cancer as well as other illnesses, but failed to warn consumers.
Mesothelioma symptoms may include breathing problems, chronic coughing abdominal pain, fatigue and lumps or masses on the abdomen or chest. Doctors can diagnose the disease by a physical examination and imaging scans. They can 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 a life expectancy less than five years, however aggressive treatments such as extracorporeal Membrane transplantation and cytoreduction using hyperthermic intraperitoneal chemotherapy can extend the life expectancy.
What causes Mesothelioma?
Like all cancers, mesothelioma occurs when a cell's DNA experiences mutations. These mutations cause cells to multiply in uncontrolled ways and develop tumors in tissues of the body. Asbestos is the most common mesothelioma cause. Asbestos exposure can occur in many different industries including manufacturing, mining and transportation. Asbestos exposure typically occurs in the 20 to 40 years preceding symptoms develop. Men are more likely to develop mesothelioma compared to women. It is also most often diagnosed in those between the ages 50 and 70. The type of mesothelioma a person is usually determined by the region of their body where they were exposed to asbestos. The majority of mesothelioma patients are diagnosed with pleural mesothelioma that affects the lung. Other patients are diagnosed with peritoneal msothelioma. This kind of mesothelioma affects the abdomen. In addition, some individuals are diagnosed with pericardial mesothelioma. It is the most rare form of the disease that affects the heart's lining (pericardium) and the organ itself.
The symptoms of mesothelioma are fatigue, shortness of breath and abdominal pain, as well as weight loss. In the late stages of mesothelioma tumors may spread to other areas of the body creating extreme pain and discomfort. Other typical symptoms of mesothelioma are fluid on the lungs (pleural effusion) and a loss of appetite, difficulty swallowing and a blockage within the small intestine called a obstruction in the bowel. Mesothelioma can be fatal.
The talcum-powder case in Oakland involved a person who was 24 years old who developed pericardial mesothelioma as a result of using J&J baby powder. His lawyers argued that J&J knew talc could contain asbestos, but didn't inform consumers. They also cited a 1998 letter sent to an J&J executive, revealing the possibility of asbestos being present in their products.
This is the latest in a string of large verdicts against J&J. In March, J&J's Talcum powder caused ovarian mesothelioma in one woman. Last month, another jury in Missouri handed down $55 million in the same case. Seven new cases have been added to the MDL talcum powder over the last month, bringing it to 37,522 the number of pending suits. Most of these lawsuits were brought by women who have used J&J talcum powder to maintain their feminine hygiene.
How Do I Know if I Have Mesothelioma?
A diagnosis of mesothelioma is devastating. Patients should always consult a specialist to ensure the most accurate diagnosis and to prevent misdiagnosis, which could lead to unnecessary treatment and spread of cancer.
A physical examination and a blood sample can help to identify mesothelioma-related symptoms. These tests can detect asbestos fibers in the blood or to look at how well a patient's organs are functioning. The most reliable method to diagnose mesothelioma is by biopsy, which is when doctors remove fluid or tissue from the affected area and then examine it under a microscope to look for mesothelioma cells.
The type of mesothelioma a person has also affects the prognosis of their patient. Pleural mesothelioma, that forms in the thin lining of the lung, is the most common form of mesothelioma and makes up the majority of cases diagnosed. Peritoneal cancer that develops in the lining of the abdomen, is a less common form. In addition, pericardial mesothelioma is a rare form of cancer that is found in the lining of the heart. It is only 1percent of all cases.
The breath is short, and gets worse with time, and bloody coughing are a few of the initial symptoms. Asbestos patients may also experience fluid accumulation in the chest cavity. This is known as the pleural effusion. The fluid can be drained from the chest cavity by inserting an needle into the affected region. In more severe cases, doctors may perform a procedure called pleurodesis to close the space to prevent reaccumulation of fluid in the pleura.
A mesothelioma accurate diagnosis is essential to determining a patient's survival rate and treatment options. Surgery, chemotherapy, and radiation are all options. Hoover mesothelioma lawsuits include immunotherapy, a type of treatment that boosts the immune system to fight mesothelioma cancer cells, and tumor treating fields, which use the power of magnets to destroy cancerous cells.
A mesothelioma specialist can help patients understand different mesothelioma types that determine the extent of the cancer and the patient's outlook. Patients should discuss their history of exposure to asbestos with their doctor to determine if they're mesothelioma candidates and find out what types of treatment might be available to them.
How Can I Get Help?
If you have used Johnson & Johnson talcum and you developed an ovarian disease or another like mesothelioma as a result of using the talcum powder, you may be eligible for significant compensation. Contact us today to receive a no-obligation, free assessment of your case. We can assist you with filing mesothelioma claims against J&J and make J&J accountable for their actions.
Mesothelioma is a rare, but fatal disease that is caused by asbestos exposure. Asbestos used to be widely utilized in a variety of industrial and consumer products, including baby powder. In talcum powder cases plaintiffs assert that exposure to asbestos through inhalation of the powder caused them to develop mesothelioma and other health issues.
J&J allegedly knew about the risk of asbestos and talcum powder for decades, but did not warn consumers. Plaintiffs have filed lawsuits seeking punitive damages and compensatory damages against J&J. These claims have been consolidated in federal and state multidistrict lawsuits, or MDLs.
In 2018, one of the largest trial involving talc resulted in an $4.7 billion settlement for the plaintiff. This was a major news story and set the stage for the rest of the litigation. In the last month, a judge denied a motion by J&J to dismiss the lawsuits brought by the state of Mississippi.
In an attempt to stop the litigation, J&J tried again. The company established an entity that was a subsidiary to take over its talc liabilities, and LTL Management filed for bankruptcy. The bankruptcy stopped thousands 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 filed against J&J: that the company's inability to warn of the dangers of ovarian cancer resulting from talcum powder was negligent, and violated the law of the state.
J&J has filed a motion to dismiss lawsuits before a different bankruptcy court. A hearing is scheduled for June in order to determine if the lawsuits against J&J can proceed. If you or someone close to you has been diagnosed with mesothelioma, or another condition that could have been caused by talcum powder. You should seek legal advice as soon as possible. Our skilled lawyers can assist you in obtaining the compensation you deserve.