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 case is the first one to be held since J&J spun off its talc business and filed for bankruptcy.
In the spring of this year, jury awards in New Jersey and California led to large settlements in talc-related lawsuits. Plaintiffs have linked 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 mesothelium the lining around organs and body cavities. It is most common in the lungs but can also be located in the abdomen and chest cavity. Asbestos is the only known cause of mesothelioma, and people who have been exposed to asbestos are at a higher chance of developing the disease.
The first trial since J&J declared its talcum powder division bankrupt opened this week and jurors in Oakland, California were emotional as they listened to the plaintiff's story. The plaintiff, who is only 24 years old was diagnosed with malignant pericardial mesothelioma 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 obfuscating asbestos risks from consumers for decades. The company has a long track record of concealing asbestos-related information from regulators, and paying for asbestos tests that gave the results they desired. These lawsuits have identified several of the company's suppliers of talcum powder such as Whittaker Clark & Daniels, Imerys Talc America, and others.
Some women who used talcum to provide feminine hygiene on sanitary 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 trigger ovarian cancer and other illnesses, but did not take the time to warn consumers.
The symptoms of mesothelioma are abdominal pain as well as abdominal lumps, abdominal swelling and a persistent cough. Doctors can diagnose mesothelioma by an examination and imaging scans. They can 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. Depending on the location of their tumors surgeons might be able to remove the affected tissue. 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 with hyperthermic intraperitoneal chemotherapy can prolong the duration of their survival.
What causes Mesothelioma?
Like all cancers, mesothelioma occurs by DNA mutations. These mutations lead to uncontrolled growth of cells, which causes tumors to form in tissues. Asbestos is the most frequent mesothelioma-related cause. Asbestos exposure can be found in a variety of industries which include mining, manufacturing construction, and transportation. Asbestos is usually exposed for between 20 and 40 years before symptoms becoming apparent. Mesothelioma affects men more than women, and is most often diagnosed in people who are in their 50s and 70s. The kind of mesothelioma caused by asbestos that a person develops is often determined by the location on their body they were exposed. Most people with mesothelioma are diagnosed with pleural melanoma, which affects the lung. mesothelioma cancer lawsuit are diagnosed with peritoneal msothelioma. This type of mesothelioma affects the abdomen. Finally, some people are diagnosed with pericardial mesothelioma. It is an extremely rare type of the disease that affects the lining of the heart (pericardium) and the organ itself.
Shortness of breath, fatigue and abdominal pain are all symptoms of mesothelioma. In the later stages of mesothelioma the tumors may spread to other parts, causing severe discomfort and pain. Other signs of mesothelioma are fluid in the lung, a loss of appetite, difficulty eating and swallowing. Mesothelioma can be fatal.
The talcum powder trial in Oakland involved a man 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 might contain asbestos, but did not warn consumers about it. They also cited a 1998 letter to an J&J executive that highlighted asbestos could be present in their products.
This is the latest in a string of major verdicts against J&J. In March, a jury handed down $18.8 million to a woman who contracted mesothelioma of the ovarian tract from J&J's powder. Then, last month, a jury in Missouri awarded $55 million in a separate case involving the same issue. Seven new cases have been added to the MDL talcum-powder over the past month, bringing it to 37,522 the number of lawsuits in the process. Most of these lawsuits are filed by women who have used J&J talcum powder to maintain feminine hygiene.
How can I tell whether I have mesothelioma or not?
A diagnosis of mesothelioma can be devastating. Patients should always consult a specialist to get the most accurate information possible and prevent misdiagnosis that could result in unneeded treatment and let cancer expand further.
A physical exam and a blood sample can help identify mesothelioma symptoms. These tests can be used to check for asbestos fibers in blood, or the health of a patient's internal organs. The most accurate method of diagnosing mesothelioma is the procedure of a biopsy. Doctors take tissue or fluids from the affected area, and then look at them under a microscope to look for mesothelioma tumor cells.
The type of mesothelioma that sufferers have can influence the prognosis of a patient. Pleural mesothelioma, that forms in the thin lining that surrounds the lungs, is the most frequent form of the disease and accounts for the majority of diagnosed cases. Peritoneal mesothelioma is a type of cancer that forms in the lining of the abdomen is less prevalent. The pericardial mesothelioma, an uncommon type that develops in the heart's lining is much less common and accounts for approximately 1% of cases.
The first signs include a shortness of breath which gets worse with time and coughing up blood. Asbestos patients may also experience fluid accumulation in the chest cavity. This condition is called Pleural effusion. The fluid can be eliminated from the chest cavity by inserting a needle into the affected area. In more severe cases, doctors might perform a procedure called pleurodesis to seal the space to prevent the reaccumulation in the pleura.
Making sure that mesothelioma is diagnosed correctly is the most reliable way to determine a patient's treatment options as well as their survival rate. Chemotherapy, surgery and radiation are all options. Other options include immunotherapy, a type of treatment that boosts the immune system to fight mesothelioma cancer cells and tumor-removing fields, which use an electromagnetic field to eliminate cancerous cells.
A mesothelioma specialist may also help patients understand different mesothelioma types that determine the severity 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 have used Johnson & Johnson talcum powder and developed ovarian cancer or a different illness such as mesothelioma or other cancers, you could be eligible for significant compensation. Contact us now for a free, no obligation case assessment. We can help you bring mesothelioma lawsuit against J&J to make them accountable for their negligence.
Mesothelioma is a rare but fatal disease caused by asbestos exposure. Asbestos was widely used in many industrial and consumer products like baby powder. Plaintiffs in talcum powder lawsuits claim that inhaling talcum powder contributed to their asbestos exposure which led to mesothelioma as well as other health issues.
J&J failed to warn the public about the dangers of talcum and asbestos, despite knowing them for many years. Plaintiffs have filed mesothelioma lawsuits against the company seeking punitive and compensatory damages. These lawsuits have been consolidated into state and federal multidistrict litigations or MDLs.
In 2018, one of the largest Talc trials ended in a $4.7 billion verdict for the plaintiff. This made national headlines and set a tone for the remainder of the litigation. Last month, a judge denied the motion of J&J to dismiss the lawsuits filed by the state of Mississippi.
J&J however, attempted again to stall the litigation. LTL Management, a subsidiary of J&J, filed for bankruptcy after the company created an entity to take over its liabilities. The bankruptcy ended the filing of thousands of talc lawsuits, but the 3rd Circuit rejected that strategy.
The lawsuits brought by Mississippi are based upon the same allegations as those of the individual lawsuits filed against J&J. They assert that the company was negligent in not warning of the possibility of ovarian cancer from talcum-powder and that this was an infraction of the law of the state.
J&J has submitted its motion to dismiss lawsuits to a different bankruptcy court. A hearing is scheduled for June in order to determine whether the lawsuits against J&J will be allowed to move forward. If you or someone you love is diagnosed with mesothelioma, or any other condition that could be caused by talcum powder, you should seek legal advice immediately. Our lawyers are experienced and can help you receive the compensation you deserve.