Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A man aged 24 with pericardial msothelioma 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 spun off its talc business and filed for bankruptcy.
In the first quarter of the year, substantial settlements were made in talc lawsuits in New Jersey and California. Plaintiffs have linked 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, affects the mesothelium or lining around organs and cavities inside the body. It is most commonly found in the lungs but it can also occur in the abdomen, heart, chest cavity and testicles. Asbestos, the only known cause of this disease is asbestos. People who have been exposed to asbestos are at a higher risk of developing it.
The first trial following 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 Whittier mesothelioma lawsuits , the plaintiff, who was only 24 years old at the time, was diagnosed with malignant mesothelioma of pericardium. He attributed his illness to the use of Johnson & Johnson baby powder. The jury awarded him $26 million.
J&J is accused of hiding asbestos risks from consumers since many years. The company has a history of hiding asbestos-related findings from regulators and funding asbestos tests to generate the results it wanted. These lawsuits have identified several of the talcum-powder suppliers for the company such as Whittaker Clark & Daniels, Imerys Talc America, and others.
Many women who used talcum powder for 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 assert that J&J was aware for more than forty years that the powder could trigger ovarian cancer and other illnesses, but did not take the time to warn consumers.
Symptoms of mesothelioma include abdominal pain, abdominal swelling, abdominal lumps, and persistent coughing. Doctors can detect mesothelioma with a physical exam and imaging scans. These could include CT (computer tomography) scans, MRIs and PET or X-rays.
After a mesothelioma is diagnosed patients can undergo surgery, chemotherapy or radiotherapy. The surgeons can remove affected tissue depending on the location of the tumors. Patients with mesothelioma are sometimes given a life expectancy less than five years, but aggressive treatments such as extracorporeal membrane transplant and cytoreduction with hyperthermic intraperitoneal chemotherapy may prolong survival.
What Causes Mesothelioma?
Mesothelioma, like most cancers is caused by DNA mutations within a cell. The mutations cause the cells to multiply rapidly, forming tumors in the tissues of the body. Asbestos is the most common cause mesothelioma. Asbestos exposure can occur at work in a variety of fields such as mining, manufacturing, construction and transportation. Asbestos can be exposed for 20 to 40 years prior to symptoms becoming apparent. Men are more likely to develop mesothelioma than females. It is also most often diagnosed among those between the ages of 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 mesothelioma patients are diagnosed with pleural msothelioma, which affects the lung. Some are diagnosed with peritoneal mesothelioma. This type of mesothelioma is affecting the abdomen. Some patients are diagnosed with pericardial msothelioma. This is an extremely rare type of cancer that affects both the liner (pericardium) as well as the organ itself.
The symptoms of mesothelioma are shortness of breath, fatigue abdominal pain and weight loss. In the final stages of mesothelioma tumors can spread to other parts of the body, causing severe discomfort and pain. Other signs of mesothelioma can include fluid in the lungs, nausea, difficulty eating and swallowing. Mesothelioma is a terminal disease, and can be fatal.
The talcum-powder trial in Oakland involved an individual of 24 years old who developed pericardial msothelioma following the use of J&J baby powder. His lawyers claimed that J&J knew that talc contained asbestos but did not inform customers. They also cited an 1998 letter addressed to an J&J executive revealing the possibility of asbestos being in their products.
This is only the latest in a string of major verdicts against J&J. In March the jury awarded $18.8 million to a woman who contracted mesothelioma of the ovarian tract from J&J's powder. 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 over the last month, bringing it to 37,522 the total number of pending suits. The majority of these lawsuits concern women who used J&J's talcum powder to wash their feminine hygiene.
How Can I tell if I have mesothelioma or not?
A diagnosis of mesothelioma is devastating. Patients should always seek out a specialist to ensure the most accurate diagnosis and to avoid false diagnosis, which could lead to unneeded treatment and the spread of cancer.
A physical exam and a blood sample can help identify mesothelioma signs. These tests can be used to determine the presence of asbestos fibers in the blood or to assess the way in which the organs of a patient are functioning. The most accurate method of diagnosing mesothelioma is the procedure of a biopsy. Doctors extract tissues or fluids from an affected area, and examine them under a microscope for mesothelioma cancerous cells.
The type of mesothelioma that a person has can also influence their prognosis. Pleural mesothelioma is the most commonly encountered type of disease and is responsible for the majority of cases diagnosed. Peritoneal mesothelioma, which is a cancer that forms in the abdomen's lining, is less common. The pericardial mesothelioma, a rare type of cancer that develops in the lining of the heart, is much rarer and only makes up around 1% of cases.
Shortness of breath, which is more severe with time, and a bloody cough are some of the first symptoms. Asbestos patients may also experience fluid accumulation within the chest cavity. This is known as 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 may opt to perform pleurodesis, an operation that seals the space to stop the fluid from accumulating in the pleura.
A mesothelioma accurate diagnosis is essential to determining a patient's survival rate and treatment options. Treatment options include chemotherapy, surgery and radiation are all options. Other options include immunotherapy, which is a kind of treatment that increases the immune system to fight mesothelioma tumors and tumor-targeting fields, which use the power of magnets to eliminate cancerous cells.
A mesothelioma specialist may also assist patients in understanding various mesothelioma cell types, which determine the extent of the cancer and the outlook for patients. Patients should discuss their history of asbestos exposure with their doctor to determine if they're mesothelioma candidates and discover what kinds of treatment are available to them.
How Can I Get Help?
If you have used Johnson & Johnson talcum powder and then developed ovarian cancer, or another disease such as mesothelioma, you may be entitled to significant compensation. Contact us today for a no-obligation, free case evaluation. We can assist you in filing mesothelioma claims against J&J and make J&J accountable for their wrongful conduct.
Mesothelioma, an extremely rare and fatal condition caused by asbestos exposure, is a rare disease. Asbestos used to be widely used in many consumer and industrial 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 was allegedly aware of the risk of asbestos and talcum powder for decades, but did not warn consumers. Plaintiffs have filed lawsuits seeking punitive damages as well as compensatory damages against J&J. The claims have been combined in federal and state multidistrict lawsuits, also known as MDLs.
In 2018 one of the biggest talc cases resulted in an $4.7 billion settlement in favor of the plaintiff. This made national headlines and set a tone for the rest of the litigation. In the last month, a judge denied J&J's request to dismiss the lawsuits brought by the state.
However, in an attempt to halt the litigation, J&J tried again. The company set up a new subsidiary entity to assume its talc liabilities and LTL Management filed for bankruptcy. The bankruptcy was able to halt thousands of talc lawsuits but the 3rd Circuit rejected this strategy.
The lawsuits brought by Mississippi are based upon the same allegations of the individual lawsuits filed against J&J. They claim that the company was negligent in failing to warn of the risk of ovarian carcinoma due to talcum-powder, and that this constituted a violation of state law.
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 will be allowed to continue. If you or someone around you has been diagnosed with mesothelioma or any other condition that could have been caused talcum powder. You should seek legal advice as soon as possible. Our experienced attorneys can help you receive justice you deserve.