Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A 24-year-old man with mesothelioma of the pericardium has claimed that Johnson and Johnson's baby powder was responsible for his cancer. The Oakland mesothelioma case is the first trial that has been held since J&J filed for bankruptcy and spun off its talc division.
In the spring of this year, jury awards in New Jersey and California led to large settlements in talc lawsuits. Plaintiffs linked cancer to asbestos in J&J products Shower to Shower and baby powder.
What is Mesothelioma?
Mesothelioma is a lethal type of cancer is a disease of the mesothelium the lining surrounding organs and cavities inside the body. It is most common in the lungs, but can also be located in the abdomen and chest cavity. Asbestos is the sole known cause of mesothelioma and those who have been exposed to asbestos are at 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 moved by the story of the plaintiff. The plaintiff, who is just 24 years old was diagnosed with malignant pericardial cancer in 2022. He blamed the cause of his condition to his childhood use Johnson & Johnson Baby Powder. The jury awarded him $26 million.
J&J has been accused of obfuscating asbestos-related risks from consumers for a long time. J&J has a history of withholding asbestos findings from regulators, and even supplying asbestos tests to get the results it desired. These lawsuits have named several of the company's suppliers of talcum powder which include Whittaker Clark & Daniels, Imerys Talc America, and other companies.
Many women who used talcum powder to maintain 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 claim that J&J was aware for more than forty years that the powder could cause ovarian cancer and other diseases, but failed to warn consumers.
Mesothelioma symptoms can include breathing problems, chronic coughing, fatigue, abdominal pain and lumps or masses on the chest or abdomen. Doctors can diagnose the disease by a physical examination and imaging scans. These may include CT (computer tomography) scans, MRIs and PET or X-rays.
When mesothelioma is discovered patients may undergo chemotherapy, surgery, or radiotherapy. The surgeons can remove the affected tissue, based 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 cytoreduction using hyperthermic intraperitoneal chemotherapy can prolong the life of patients.
What Causes Mesothelioma?
Mesothelioma, like most cancers is caused by DNA mutations in a cell. These mutations can cause uncontrolled cell growth that forms tumors in tissues. Asbestos is a common cause of mesothelioma. Asbestos exposure can occur in many different industries including manufacturing, mining, and transportation. Asbestos exposure usually occurs between 20 to 40 years before symptoms appear. Men are more likely to develop mesothelioma than females. It is also most often diagnosed in those between the ages of 50 and 70. The type of mesothelioma a person is usually determined by the region of their body where they were exposed to asbestos. The majority of patients diagnosed with pleural msothelioma which affects the lung. Others are diagnosed with peritoneal mesothelioma, a type of mesothelioma that affects the abdomen. Finally, some people are diagnosed with pericardial mesothelioma, an extremely rare type of the disease that affects the heart's lining (pericardium) and the organ itself.
Insomnia, fatigue, and abdominal pain are all symptoms of mesothelioma. In the final stages of mesothelioma, the tumors can spread to other parts of the body, which can cause severe pain and discomfort. Other symptoms of mesothelioma include 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 aged 24 who was diagnosed with pericardial mesothelioma due to the use of J&J baby powder. His lawyers claimed that J&J knew that talc contained asbestos but didn't warn customers. They also cited a letter in 1998 to a J&J executive which revealed the possibility of asbestos in their products.
This is the latest in a long line of large verdicts against J&J. In March the jury awarded $18.8 million to a woman who developed ovarian mesothelioma from J&J's talcum powder, and last month, a jury in Missouri awarded $55 million in another case that involved the same issue. In addition, seven cases were added to the talcum powder MDL over the course of the month which brought the number of pending lawsuits to 37,522. The majority of these lawsuits concern women who used J&J's Talcum powder for feminine hygiene reasons.
How Can I Tell If I Have Mesothelioma?
A diagnosis of mesothelioma is devastating. Patients must always consult a doctor to ensure the most accurate diagnosis and to avoid mistakes that could lead to unnecessary treatment and spread of cancer.
A physical examination and blood test can be a good start to identify whether mesothelioma may be causing symptoms. These tests can be used to check for asbestos fibers in blood, or the health of a patient's internal organs. The most reliable method to determine if mesothelioma has been detected is through a biopsy, in which doctors remove tissue or fluid from the affected area, and then examine it under a microscope in order to search for mesothelioma cancer cells.
The type of mesothelioma a person has can also influence their prognosis. Pleural mesothelioma, that forms in the thin lining that surrounds the lung, is the most common form of the disease and accounts for the majority of cases diagnosed. Peritoneal cancer, which forms in the lining around the abdomen, is a less common form. Lastly, pericardial msothelioma is a rare type that occurs in the lining the heart. It is only one percent of all cases.
Some of the first symptoms include breathlessness which gets worse with time, and then coughing up blood. Asbestos patients can also experience fluid accumulation in the chest cavity. This is known as pleural effusion. This can be drained by inserting a needle in the affected region of the chest cavity. In more severe cases, doctors might use a procedure known as pleurodesis to seal the space to prevent the reaccumulation in the pleura.
A precise diagnosis of mesothelioma is crucial to determine a patient's survival rate and treatment options. Surgery, chemotherapy, and radiation are all options. Other options include immunotherapy, which enhances the immune system to fight mesothelioma as well as tumor treating fields that use the power of magnets to kill cancerous cells.
A specialized mesothelioma specialist can also assist patients in understanding the different mesothelioma cells which determine how invasive the cancer is and what the prognosis of the patient is. Patients should discuss their experience of exposure to asbestos with their physician to determine if they're a mesothelioma candidate and learn about the various types of treatment options are available to them.
How Can I Get Help?
If you've used Johnson & Johnson talcum powder and developed ovarian cancer or another disease such as mesothelioma, you may be entitled to significant compensation. Contact us today to receive an absolutely free consultation. We can help you file a mesothelioma lawsuit against J&J and make them accountable for their actions.
Mesothelioma is a rare but fatal disease caused by asbestos exposure. Asbestos was once used extensively in a variety of consumer and industrial products including baby powder. In talcum-powder lawsuits, plaintiffs claim that exposure to asbestos from inhaling the powder led to the development of mesothelioma or other health problems.
J&J allegedly knew about the risk of talcum powder and asbestos for decades, but did not warn consumers. Plaintiffs have filed mesothelioma lawsuits against J&J seeking punitive and compensatory damages. The claims have been combined in state and federal multidistrict lawsuits, or MDLs.
In 2018, one of the largest talc cases led to a $4.7 billion verdict in the favor of the plaintiff. This was a national news story and set the precedent for the rest. In the last month, a judge ruled against the motion of J&J to dismiss the lawsuits brought by the state of Mississippi.
J&J, however, tried again to stall the litigation. The company established an entity that was a subsidiary to take over 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 filed by the state of Mississippi are built on the same allegations that were a part of the individual lawsuits filed against J&J: that the company's failure to warn consumers about the dangers of ovarian cancer from talcum powder was negligent and was a violation of the law of the state.
J&J has submitted its motion to dismiss lawsuits to another bankruptcy court. Jersey City mesothelioma lawyer is scheduled for June in order to determine whether the lawsuits against J&J will be allowed to proceed. If you or someone around you has been diagnosed with mesothelioma, or any other condition that could have been caused by talcum powder. You should seek legal advice as soon as possible. Our experienced lawyers can assist you in obtaining the compensation you deserve.