Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A man who is 24 years old and has pericardial mesotheliom claims that Johnson & Johnson baby powder is responsible for his cancer. The Oakland mesothelioma trial is one of the first trial to take place since J&J has dissolved its Talc business and filed for bankruptcy.
In the beginning of the year, substantial settlements were reached in talc suits 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, which is a fatal form of cancer is a disease of the mesothelium the lining that surrounds organs and cavities inside the body. It is most common in the lungs, but can be located in the chest and abdomen cavity. Asbestos is the most well-known mesothelioma-related cause, and people who have been exposed to asbestos are at greater risk of developing this disease.
The first trial following J&J declared bankruptcy on its talcum powder division began in Oakland, California this week. Jurors were impressed by the story of the plaintiff. In 2022, the plaintiff who was only 24 years old at the time was diagnosed with malignant mesothelioma in the pericardium. The plaintiff attributed his condition to childhood use of Johnson & Johnson baby powder. The jury awarded him $25 million.
J&J is accused of obfuscating asbestos risks from consumers since several decades. The company has a history of hiding asbestos-related findings from regulators and even 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.
Many women who used talcum powder for feminine hygiene in the genital area or on sanitary napkins, or condoms have gotten cancer of the ovary, and a few 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 difficulty breathing, persistent coughing and abdominal pain, fatigue and lumps or masses on the chest or abdomen. Doctors can diagnose mesothelioma by an examination and imaging scans. These may include CT (computer tomography) scans, MRIs and PET or X-rays.
Once a mesothelioma diagnosis is confirmed, patients may undergo chemotherapy, surgery and/or radiation. The surgeons are able to remove the affected tissue based on the location of the tumors. Some patients with mesothelioma have a life expectancy less than five. However, aggressive treatments such as extracorporeal transplantation of tissue and the cytoreduction process using hyperthermic intraperitoneal chemotherapy can prolong the life of patients.
What causes Mesothelioma?
Like many cancers, mesothelioma is caused when a cell's DNA experiences mutations. These mutations 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 industries, including manufacturing, mining construction, transportation and construction. Asbestos exposure is typically seen 20 to 40 years before 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 asbestos-related mesothelioma that a person develops is usually determined by the place on their body they were exposed. The majority of people diagnosed with mesothelioma are diagnosed with pleural mesothelioma which affects the lungs. Some are diagnosed with peritoneal melanoma, one type of mesothelioma which affects the abdomen. Additionally, some patients are diagnosed with pericardial mesothelioma, the most rare form of the disease that affects the lining of the heart (pericardium) and the organ itself.
Mesothelioma symptoms include fatigue, breathlessness and abdominal pain, as well as weight loss. In the final stages of mesothelioma tumors can spread to different areas of the body, creating extreme pain and discomfort. Other symptoms of mesothelioma include fluid in the lungs, nausea and difficulty swallowing and eating. Mesothelioma is a fatal disease, and can be fatal.
The talcum powder trial in Oakland involved a person who was 24 years old who developed pericardial msothelioma after using J&J baby powder. His lawyers argued that J&J knew that talc contained asbestos, but did not warn consumers. They also cited an 1998 letter sent to an J&J executive revealing the possibility of asbestos in their products.
This is the latest in a series of high-dollar verdicts against J&J. In March the jury awarded $18.8 million to a woman who contracted ovarian mesothelioma from J&J's talcum powder. Then, last month a jury in Missouri awarded $55 million in a different case involving the same issue. Seven new cases have been added to the MDL talcum-powder in the last month, bringing it to 37,522 the number of pending suits. The majority of these lawsuits are filed by women who have used J&J talcum powder to maintain feminine hygiene.
How Do I Know If I Have Mesothelioma?
A diagnosis of mesothelioma can be devastating. Patients should always consult an expert to obtain the most accurate diagnosis possible and avoid misdiagnosis which could lead to unneeded treatment and allow cancer to expand further.
A physical examination and a blood sample can help identify mesothelioma signs. Napa mesothelioma attorneys can be used to look for asbestos fibers in blood, or the health of a patient's internal organs. The most reliable method of diagnosing mesothelioma involves the procedure of a biopsy. Doctors extract tissues or fluids from an affected area, and examine them under a microscope to look for mesothelioma tumor cells.
The type of mesothelioma a person is suffering from also affects his or her prognosis. Pleural mesothelioma that develops in the thin lining that surrounds the lung, is the most frequent form of the disease and accounts for the vast majority of diagnosed cases. Peritoneal mesothelioma is a type of cancer that develops 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 less common and makes up around 1% of cases.
A shortness of breath that is more severe with time, and a bloody cough are among the first symptoms. Asbestos patients can also experience fluid accumulation within the chest cavity. This condition is called the pleural effusion. The fluid can be removed from the chest cavity by inserting an needle into the area affected. In more serious cases, doctors can perform a procedure called pleurodesis, which seals the area to stop the reaccumulation of fluid in the pleura.
Getting an accurate mesothelioma diagnosis is the best way to determine the patient's treatment options and survival rate. There are a variety of treatments available, including surgery, chemotherapy and radiation. Other options include immunotherapy. It is a kind of treatment that increases the immune system to fight mesothelioma tumors, and tumor treating fields, which uses a magnetic field to destroy cancerous cells.
A mesothelioma specialist can assist patients in understanding the different mesothelioma types that determine the extent of the cancer and the outlook for patients. Patients should discuss with their physician their history of asbestos exposure to determine if mesothelioma is possible and what treatment options are available.
How Can I Get Help?
If you've used Johnson & Johnson talcum and suffered from ovarian or other diseases such as mesothelioma following the use of the talcum powder, you could 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 with filing mesothelioma claims against J&J and hold J&J accountable for their wrongful conduct.
Mesothelioma is a rare, but fatal disease caused by exposure to asbestos. Asbestos was used in a variety of consumer and industrial products including baby powder. The plaintiffs in talcum powder cases claim that inhaling talcum powder contributed to their exposure to asbestos which led to mesothelioma and various other health issues.
J&J was allegedly aware of the risk of asbestos and talcum powder for a long time, but failed to warn consumers. Plaintiffs have filed mesothelioma lawsuits against J&J seeking compensatory and punitive damages. These lawsuits have been consolidated in state and federal multidistrict litigations, or MDLs.
In 2018, one of the largest talc cases resulted in an $4.7 billion verdict in favor of the plaintiff. This was a major news story and set the stage for the rest. Last month, a court denied J&J's request to dismiss the lawsuits filed by the state.
J&J however, attempted again to stall the litigation. The company set up an additional subsidiary entity to take on its talc liability and LTL Management filed for bankruptcy. The bankruptcy was able to halt the talc lawsuits of thousands, but the 3rd Circuit rejected this strategy.
The lawsuits brought by Mississippi are based upon the same allegations as those of the individual lawsuits filed against J&J. They claim that the company was negligent in failing to warn consumers of the risk of ovarian carcinoma from talcum powder and that this resulted in an infraction of the law of the state.
J&J has submitted its motion to dismiss lawsuits to another bankruptcy court. A hearing is scheduled for June to determine if the lawsuits against J&J can continue. If you or someone close to you has been diagnosed with mesothelioma, or another condition that could have been caused talcum powder. You should seek legal counsel immediately. Our experienced lawyers will assist you in getting the compensation you deserve.