Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A 24-year-old with pericardial msothelioma claims that Johnson & Johnson baby powder is to blame for his cancer. The Oakland mesothelioma trial is the first trial to take place since J&J spun off its Talc business and filed for bankruptcy.
In the beginning of this year, large settlements were reached in talc suits in New Jersey and California. Plaintiffs attributed their cancer to asbestos in J&J's Shower to 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 most prevalent in the lungs but can be found in the chest and abdomen cavity. Asbestos is the only known cause of mesothelioma and those who have been exposed to asbestos are at a greater chance of developing the disease.
The first trial since J&J declared bankruptcy on its talcum powder division opened 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 of pericardium. He attributed his illness to childhood use of Johnson & Johnson baby powder. The jury awarded him $26 million.
J&J has been accused of concealing asbestos risks from consumers for a long time. The company has a history of withholding asbestos findings 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.
Women who used talcum for feminine hygiene, such as sanitary pads or condoms, or 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 led to mesothelioma and ovarian cancer but failed to warn customers of this risk.
Mesothelioma symptoms can include breathing problems, chronic coughing, abdominal pain, fatigue, and lumps or masses on the chest or abdomen. Doctors can diagnose mesothelioma by an examination and imaging scans. These include CT scans (computer tomography), MRIs, PET or X-rays.
If a mesothelioma diagnosis has been confirmed, patients may undergo chemotherapy, surgery, or radiation. The surgeons can remove the affected tissue depending on the location of the tumors. Patients with mesothelioma are sometimes 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 duration of their survival.
What Causes Mesothelioma?
Mesothelioma is a type of cancer that is caused by DNA mutations within a cell. These mutations cause the cells to multiply rapidly, forming tumors in the tissues of the body. Asbestos is a common cause of mesothelioma. Asbestos exposure can be found in many different industries including manufacturing, mining, and transportation. Asbestos exposure usually occurs between in the 20 to 40 years preceding symptoms develop. Men are more likely to develop mesothelioma than women. It is also diagnosed most often among those between the ages 50 and 70. The type of mesothelioma a person gets is often determined by the part of their body that were exposed to asbestos. Most people with mesothelioma are diagnosed with pleural melanoma, which affects the lungs. Other patients are diagnosed with peritoneal mesothelioma, which is a mesothelioma type that affects the abdomen. Some people are diagnosed with pericardial msothelioma. This is a rare type of the disease which affects both the inner lining (pericardium), and the organ itself.
Mesothelioma symptoms include fatigue, breathlessness and abdominal pain, as well as weight loss. In the latter stages of mesothelioma the tumors may spread to other parts, causing severe discomfort and pain. Other symptoms of mesothelioma include fluid in the lungs, nausea difficulties eating and swallowing. Mesothelioma is a debilitating illness that can be fatal.
The talcum-powder case in Oakland involved a person who was 24 who developed pericardial msothelioma following the use of J&J baby powder. His lawyers argued that the company knew talc could contain asbestos, but didn't inform consumers. They also cited an 1998 letter sent to a J&J executive revealing the possibility of asbestos in their products.
This is the latest in a string of major verdicts against J&J. In March, J&J's Talcum powder caused ovarian mesothelioma in a woman. In the same month, a jury in Missouri awarded $55 Million in an identical 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 pending. The majority of these lawsuits concern women who have used J&J's talcum powder for feminine hygiene reasons.
How do I know whether I have mesothelioma or not?
A diagnosis of mesothelioma could be devastating. Patients should always consult an expert for the most accurate information possible and avoid misdiagnosis that could result in unneeded treatment and let cancer expand further.
A physical exam and a blood test is a good start to identify whether mesothelioma may be causing symptoms. These tests can be used to look for asbestos fibers in blood or the health of the patient's internal organs. The most reliable method to diagnose mesothelioma is by a biopsy, where doctors remove tissue or fluid from the affected area and then examine it under a microscope in order to look for mesothelioma cells.
The type of mesothelioma that a person has also affects his or her prognosis. Pleural mesothelioma, that forms in the thin lining of the lungs, is the most common form of mesothelioma and accounts for the vast majority of diagnosed cases. Peritoneal mesothelioma, a cancer that forms in the abdomen's lining is less prevalent. In addition, pericardial mesothelioma which is a rare form of cancer that occurs in the heart's lining is more rare and only makes up around one percent of cases.
Some of the first symptoms include breathlessness which gets worse with time and coughing up blood. Asbestos patients can also experience fluid accumulation within the chest cavity. This is known as the pleural effusion. It can be eliminated by inserting a needle into the affected region of the chest cavity. In more serious cases, doctors may perform pleurodesis, an operation which seals the area to prevent fluid from accumulating again within the pleura.
A precise mesothelioma diagnosis is the best method to determine a patient's treatment options and survival rate. There are many options for treatment that include surgery, chemotherapy and radiation. There are also immunotherapy treatments that boosts the immune systems to fight mesothelioma as well as treatment fields for tumors that utilize magnetic fields to kill cancerous cells.
A mesothelioma specialist who is specialized can help patients understand the different mesothelioma cell types that determine how aggressive the cancer is and what the patient's prognosis is. Patients should discuss their experience of exposure to asbestos with their doctor to determine if they are a mesothelioma candidate and find out what types of treatment are available to them.
How Can I Get Help?
If you have used Johnson & Johnson talcum and suffered from ovarian or other diseases like mesothelioma as a result of using the powder, you may be eligible for a significant amount of compensation. Contact us today to receive a no-cost, no obligation case evaluation. We can assist you with bringing mesothelioma suits against J&J to hold them accountable for negligence.
Mesothelioma, an extremely rare and fatal condition caused by asbestos exposure is a rare disease. Asbestos was once used extensively in a range of industrial and consumer products including baby powder. In talcum-powder cases, plaintiffs claim that asbestos exposure from inhaling the powder led to the development of mesothelioma or other health problems.
J&J did not inform the public about the dangers of talcum and asbestos even though they were aware of them for many years. Plaintiffs have filed lawsuits seeking punitive damages and compensatory damages against the company. These claims have been consolidated into state and federal multidistrict litigations, or MDLs.
In mesothelioma lawsuit lawyers of the largest talc trials resulted in an $4.7 billion settlement for the plaintiff. This made national headlines and set the stage for the remainder of the litigation. Last month, a court denied J&J's motion to dismiss the lawsuits filed by the state.
J&J however, tried again to stall the litigation. LTL Management, a subsidiary of J&J was forced to file for bankruptcy after the company established an entity that would take on its obligations. The bankruptcy was able to halt thousands of talc lawsuits however, the 3rd Circuit rejected this strategy.
The lawsuits filed by the state of Mississippi are based on the same allegations as the individual lawsuits against J&J which allege that the company's inability to warn consumers about the dangers of ovarian cancer resulting from the talcum powder was negligent and constituted violations of state law.
J&J has filed a motion to dismiss lawsuits to another bankruptcy court. A hearing is scheduled for June in order to determine whether the lawsuits against J&J are able to continue. If you or someone close to you has been diagnosed with mesothelioma or another condition which could be the result of talcum powder. You must seek legal advice immediately. Our skilled attorneys can help you receive compensation that you deserve.