Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A 24-year-old with pericardial msothelioma claims that Johnson & Johnson baby powder is responsible for his cancer. The Oakland mesothelioma case is the first trial to be held since J&J filed for bankruptcy and split off its talc division.
In the first quarter of the year, huge settlements were made in talc cases in New Jersey and California. Plaintiffs blamed their cancer on asbestos in J&J's Shower to Baby and Shower Powder products.
What is Mesothelioma?
Mesothelioma is a lethal form of cancer is a disease of the mesothelium the lining surrounding organs and cavities within the body. It is most common in the lungs, but can also be located in the chest and abdomen cavity. Asbestos is the sole known cause of mesothelioma, and people who have been exposed to asbestos are at a greater risk of developing this disease.
The first trial since J&J declared its Talcum Powder division bankrupt began this week, and jurors in Oakland, California were emotional when they heard 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 the cause of his illness to his early use of Johnson & Johnson Baby Powder. The jury awarded him $25 million.
J&J has been accused of obfuscating asbestos risks from consumers for a number of years. The company has a long track record of keeping asbestos information from regulators, and even paying for asbestos tests that gave the results they desired. These lawsuits have identified several of the company's suppliers of talcum powder which include Whittaker Clark & Daniels, Imerys Talc America, and other companies.
Women who used talcum for feminine hygiene, such as sanitary pads or condoms or in the genital area have developed ovarian and mesothelioma. The lawsuits claim that J&J knew for more than 40 years that the powder led to mesothelioma and ovarian cancer however, they failed to warn consumers of the risk.
Mesothelioma symptoms can include breathing difficulties, constant coughing abdominal pain, fatigue and lumps or masses on the abdomen or chest. Doctors can detect mesothelioma with an examination and imaging scans. These include CT scans (computer tomography), MRIs, PET or X rays.
If mesothelioma has been diagnosed patients can undergo surgery, chemotherapy and/or radiotherapy. The surgeons can remove affected tissue based on the location of the tumors. Patients with mesothelioma can be given a life expectancy of less than five years, however aggressive treatments such as extracorporeal Membrane transplant and cytoreduction by hyperthermic intraperitoneal chemotherapy can extend the duration of their survival.
What causes Mesothelioma?
Mesothelioma, like most cancers is caused by DNA mutations in a cell. The mutations cause the cells to multiply uncontrollably and develop tumors in tissues of the body. Asbestos is a common cause mesothelioma. Asbestos exposure is common in a variety of industries, including mining, manufacturing and transportation. Asbestos is typically exposed 20 to 40 years prior to symptoms appearing. Men are more likely to develop mesothelioma than women. It is also found most often in people between the ages of 50 and 70. The kind of mesothelioma involving asbestos that a person develops is usually determined by where they were exposed. Most mesothelioma patients are diagnosed with pleural msothelioma which affects the lung. Others are diagnosed as having peritoneal msothelioma. This kind of mesothelioma affects the abdomen. Some people are diagnosed with pericardial mesothelioma. This is a rare type of cancer that affects both the liner (pericardium) and the organ itself.
The symptoms of mesothelioma are fatigue, shortness of breath abdominal pain and weight loss. In the later stages of mesothelioma, the tumors can spread to other areas of the body causing extreme pain and discomfort. Other symptoms of mesothelioma include fluid in the lungs, nausea difficulties eating and swallowing. Mesothelioma is a terminal illness, and it is usually fatal.
The trial involving talcum powder in Oakland involved a 24-year-old man who developed pericardial mesothelioma from the use of J&J baby powder. His lawyers claimed that J&J knew that talc was contaminated with asbestos, but did not warn consumers. They also cited a 1998 letter to an J&J executive that revealed the possibility of asbestos in their products.
This is the latest in a series of major verdicts against J&J. In March, a jury awarded $18.8 million to a woman who contracted mesothelioma of the ovarian tract from J&J's powder. Last month the jury in Missouri awarded $55 million in a different case that involved the same issue. In addition, seven new cases were added to the powder's MDL over the last month and brought the number of pending lawsuits to 37,522. The majority of these lawsuits are filed by women who have used J&J talcum powder to maintain their feminine hygiene.
How can I tell whether I have mesothelioma or not?
A diagnosis of mesothelioma can be devastating. Patients should always seek out a specialist to get the most precise diagnosis and to avoid mistakes that could lead to unneeded treatment and spread of cancer.
A physical exam and blood sample can aid in identifying mesothelioma symptoms. These tests can be used to test for asbestos fibers in blood, or the health of a patient's internal organs. The most reliable method to identify mesothelioma is with a biopsy, where doctors remove tissue or fluid from the affected area, and then examine the area under a microscope to look for mesothelioma cells.
The type of mesothelioma a person is suffering from also affects the prognosis of their patient. Pleural mesothelioma is by far the most commonly encountered type of disease, and accounts for the majority of cases that are diagnosed. Peritoneal cancer, which forms in the lining around the abdomen is a less prevalent type. The pericardial msothelioma, in turn, is a rare kind that develops in the lining of the heart. It is only one percent of all cases.
The breath is short, and is more severe with time, and bloody coughing are among the first symptoms. Asbestos patients might also experience fluid buildup in the chest cavity, which is called pleural effusion. The fluid can be eliminated from the chest cavity by inserting a needle into the affected area. In more serious cases, doctors might perform pleurodesis. This is a procedure that seals the cavity to prevent the fluid from accumulating in the pleura.
A precise diagnosis of mesothelioma is crucial in determining the patient's survival rate as well as treatment options. There are a myriad of options for treatment which include chemotherapy, surgery and radiation. Other options include immunotherapy. It is a kind of treatment that increases the immune system to fight mesothelioma cells and tumor-targeting fields, which employ the power of magnets to eliminate cancerous cells.
A mesothelioma expert can also help patients understand various mesothelioma cell types which determine the severity of the cancer and the outlook for patients. Patients should discuss with their physician their history of asbestos exposure to determine whether mesothelioma could be 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 another disease such as mesothelioma or other cancers, you could be entitled to significant compensation. Contact us now to receive a no-cost, no obligation case evaluation. We can assist you with filing mesothelioma lawsuits against J&J and hold J&J accountable for their actions.
Mesothelioma is an uncommon and fatal illness caused by asbestos exposure, is a rare condition. Asbestos was widely used in many industrial and consumer products like baby powder. The plaintiffs in talcum powder cases claim that inhaling talcum powder led to their asbestos exposure and subsequently mesothelioma as well as other health issues.
J&J did not inform the public about the dangers of asbestos and talcum even though they had been aware of their dangers for many years. antioch mesothelioma attorneys have filed mesothelioma lawsuits against J&J seeking damages for punitive and compensatory. These lawsuits have been consolidated in state and federal multidistrict lawsuits, or MDLs.
In 2018, one of the first large Talc trials ended in a $4.7 billion settlement for the plaintiff. This was a major news story that set the stage for the rest of the year. In the last month, a judge rejected the motion of J&J to dismiss the lawsuits filed by the state of Mississippi.
However, in an attempt to stop the lawsuit, J&J tried again. The company created an additional subsidiary entity to take over its talc liabilities and LTL Management filed for bankruptcy. The bankruptcy stopped the talc lawsuits of thousands, however, the 3rd Circuit rejected this strategy.
The lawsuits filed by Mississippi are based upon the same allegations as those of the individual lawsuits brought against J&J. They allege that the company was negligent in failing to warn consumers of the possibility of ovarian carcinoma due to talcum-powder, and that this resulted in a violation of state law.
J&J has resubmitted its motion to dismiss the 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 continue. If you or someone you know has been diagnosed with mesothelioma, or any other condition that could have been caused by talcum powder you should seek legal advice immediately. Our skilled lawyers can help you receive the compensation you deserve.