Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A man aged 24 with mesothelioma pericardial has claimed that Johnson and Johnson's baby powder caused his cancer. The Oakland mesothelioma case marks the first trial that has been held since J&J filed for bankruptcy and spun off its Talc division.
In the beginning of the year, substantial settlements were made in talc lawsuits in New Jersey and California. Plaintiffs blamed their cancer on asbestos found in J&J's Shower Baby and Shower Powder products.
What is Mesothelioma?
Mesothelioma is a fatal form of cancer that affects mesothelium the lining that surrounds organs and body cavities. It is most prevalent in the lungs, but it can be found in the abdomen and chest cavity. Asbestos, the sole known cause of this disease is asbestos. People who have been exposed are at an increased risk of developing it.
The first trial since J&J declared bankruptcy over its talcum powder division opened in Oakland, California this week. Jurors were inspired by the story of the plaintiff. In 2022, the plaintiff who was only 24 years old at the time, old at the time was diagnosed with malignant mesothelioma of pericardium. He attributed his illness to childhood exposure to Johnson & Johnson baby powder. The jury awarded him $26 million.
J&J is accused of obfuscating asbestos risks from consumers for many years. J&J has a history of hiding asbestos-related findings from regulators and even funding asbestos tests to get the results it wanted. These lawsuits have identified several of the company's suppliers of talcum powder, including Whittaker Clark & Daniels, Imerys Talc America, and others.
Many women who used talcum powder to maintain feminine hygiene in the genital area or on sanitary napkins, or condoms have developed cancer of the ovary, and a few have been diagnosed with mesothelioma. The lawsuits claim that J&J was aware for more than forty years that the powder could cause ovarian cancer and other illnesses, but did not take the time to warn consumers.
Mesothelioma symptoms may include breathing difficulties, constant coughing abdominal pain, fatigue, and lumps or masses on the abdomen or chest. Doctors can diagnose mesothelioma through an examination and imaging scans. They can include CT (computer tomography) scans, MRIs and PET or X-rays.
After a mesothelioma is diagnosed patients may undergo surgery, chemotherapy, or radiotherapy. The surgeons can remove the affected tissue depending on the location of the tumors. Some patients with mesothelioma have a lifespan less than five. However, aggressive treatments such as extracorporeal tissue transplantation and chemotherapy for cytoreduction that uses hyperthermic intraperitoneal therapy can prolong the duration of survival.
What Causes Mesothelioma?
Mesothelioma, as with most cancers, is caused by DNA changes in a cell. These mutations cause the cells to multiply rapidly and develop tumors in tissues of the body. Asbestos is the most common cause mesothelioma. Exposure to asbestos can occur at work in a variety of industries, including manufacturing, mining construction, transportation and construction. Asbestos exposure typically occurs in the 20 to 40 years preceding symptoms develop. Men are more likely to develop mesothelioma than women. It is also found most often among those between the ages of 50 and 70. The type of mesothelioma a person is usually determined by the area of their body where they were exposed to asbestos. Most mesothelioma patients are diagnosed with pleural msothelioma, which affects the lung. Other patients are diagnosed with peritoneal melanoma, one type of mesothelioma which affects the abdomen. In addition, some individuals are diagnosed with pericardial melanoma, the most rare form of the disease that affects the heart's lining (pericardium) and the organ itself.
Mesothelioma symptoms include fatigue, shortness of breath, abdominal pain and weight loss. In the later stages of mesothelioma the tumors can expand to other parts of the body which can cause extreme discomfort and pain. Other signs of mesothelioma can include fluid in the lungs, nausea, difficulty eating and swallowing. Mesothelioma can be fatal.
The talcum powder trial in Oakland involved a man aged 24 who was diagnosed with pericardial cancer due to the use of J&J baby powder. His lawyers argued the company knew that talc contained asbestos but did not inform customers. They also cited an 1998 letter to a J&J executive, revealing the possibility of asbestos being in their products.
This is the latest in a series of high-dollar verdicts against J&J. In March, a jury handed down $18.8 million to a woman who developed mesothelioma of the ovarian tract from J&J's powder. Then, last month, a jury in Missouri awarded $55 million in a different case that involved the same issue. Seven new cases have been added to the MDL talcum powder over the last month, which brings the total to 37,522 the number of lawsuits in the process. The majority of these lawsuits concern women who used J&J's Talcum powder to wash their feminine hygiene.
How Do I Know If I Have Mesothelioma?
A diagnosis of mesothelioma can be devastating. Patients should always seek out a specialist for the most accurate diagnosis and to avoid mistakes that could lead to unneeded treatment and spread of cancer.
A physical examination and a blood test can be an excellent way to determine whether mesothelioma may be causing symptoms. These tests can check for the presence of asbestos fibers in blood or to assess the way in which the organs of a patient 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 examine the area under a microscope to detect mesothelioma-related cells.
The type of mesothelioma is present in a patient can influence the prognosis of a patient. Pleural mesothelioma, the most prevalent type of disease and is responsible for the majority of cases diagnosed. Peritoneal cancer, which develops in the lining of the abdomen is a less prevalent type. In addition, pericardial mesothelioma which is an uncommon type that develops in the lining of the heart, is more rare and only accounts for approximately one percent of cases.
Some of the earliest symptoms include a shortness of breath that becomes worse over time and coughing up blood. Asbestos patients may also experience fluid accumulation within the chest cavity. This condition is called Pleural effusion. This can be drained by inserting a needle in the affected region of the chest cavity. In more severe cases, doctors may opt to perform pleurodesis, a procedure which seals the area in order to prevent the accumulation of fluid within the pleura.
A precise diagnosis of mesothelioma is crucial in determining the rate of survival for a patient and treatment options. There are a myriad of treatments available which include chemotherapy, surgery and radiation. Other options include immunotherapy, which increases the immune system to fight mesothelioma as well as cancer treating fields that employ magnetic fields to kill cancerous cells.
A mesothelioma specialist may also help patients understand different mesothelioma types which determine the extent of the cancer and the patient's outlook. Patients should discuss with their physician their experiences with asbestos exposure to determine whether mesothelioma could be a possibility and what treatment options are available.
How Can I Get Help?
If you have used Johnson & Johnson talcum powder and developed ovarian cancer or another illness like mesothelioma or other cancers, you could be entitled to significant compensation. Contact us today for a no-cost, non- obligation case assessment. We can assist you with bringing a mesothelioma suit against J&J to hold them accountable for 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. The plaintiffs in talcum powder cases claim that inhaling talcum powder contributed to their exposure to asbestos, which contributed to mesothelioma as well as other health issues.
J&J was allegedly aware of the dangers of talcum powder and asbestos for a long time, but failed to warn consumers. Plaintiffs have filed lawsuits seeking punitive damages as well as compensatory damages against J&J. These lawsuits have been amalgamated into federal and state multidistrict litigations, also known as 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 a tone for the rest of the litigation. Last month, a court denied J&J's request to dismiss the lawsuits brought by the state.
J&J however, tried again to stall the litigation. The company set up an additional subsidiary entity to assume its talc liabilities, and LTL Management filed for bankruptcy. The bankruptcy stayed thousands of talc lawsuits, but the 3rd Circuit rejected this strategy.
The lawsuits brought by the state of Mississippi are based on the same allegations as the individual lawsuits brought against J&J that claim that the company's failure to warn of the dangers of ovarian cancer resulting from the talcum powder was negligent and was a violation of the law of the state.
Norwalk mesothelioma lawyers &J has resubmitted its motion to dismiss the lawsuits to a different bankruptcy court. A hearing is scheduled for June to determine whether the lawsuits against J&J will be allowed to move forward. 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 counsel immediately. Our experienced lawyers can assist you in obtaining the compensation you deserve.