Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A man aged 24 with pericardial msothelioma claims that Johnson & Johnson baby powder is the cause of his cancer. The Oakland mesothelioma trial is one of the first to proceed since J&J spun off its talc business and filed for bankruptcy.
In the early part of this year, large settlements were made in talc cases in New Jersey and California. Plaintiffs linked cancer to asbestos that was found in J&J products Shower to Shower and baby powder.
What is Mesothelioma?
Mesothelioma can be a deadly form of cancer that affects mesothelium or lining that surrounds organs and body cavities. It is most commonly found in the lungs, but it can also be found in the abdomen, heart and chest cavity, as well as the testicles. Asbestos is the most well-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 its talcum powder division bankrupt opened this week, and jurors in Oakland, California were emotional when they heard the plaintiff's story. 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 blamed the cause of his condition to his early use of Johnson & Johnson Baby Powder. The jury awarded him $25 million.
J&J has been accused of hiding asbestos risks from consumers for decades. The company has a long history of hiding asbestos information from regulators, as well as paying for asbestos tests that produced the results they desired. Some of the company's Talcum powder suppliers have been named in these lawsuits and include Whittaker, Clark & Daniels and Imerys Talc America.
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 assert that J&J knew for more than 40 years that the powder caused ovarian cancer and mesothelioma, but failed to warn customers of this danger.
Mesothelioma symptoms include abdominal pain, abdominal lumps, abdominal swelling and persistent coughing. Doctors can diagnose mesothelioma through physical examination and imaging scans. These may include CT (computer tomography) scans, MRIs and PET or X-rays.
When a mesothelioma diagnosis is confirmed, patients may undergo surgery, chemotherapy and/or radiation. Depending on the site of their tumors, surgeons may be able remove the affected tissue. Patients with mesothelioma may have a life expectancy less than five. However, aggressive treatments such as extracorporeal tissue transplantation or the cytoreduction process using hyperthermic intraperitoneal chemotherapy can prolong survival.
What causes Mesothelioma?
Like all cancers, mesothelioma occurs by DNA mutations. The mutations cause the cells to multiply uncontrollably and form tumors in the tissues of the body. Asbestos is the most 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 the onset of symptoms becoming apparent. Men are more likely to develop mesothelioma than females. It is also found most often in those between the ages of 50 and 70. The type of mesothelioma that a person gets is often determined by the region of their body where they were exposed to asbestos. The majority of people diagnosed with mesothelioma are diagnosed with pleural mesothelioma which affects the lung. Some are diagnosed with peritoneal mesothelioma, a type of mesothelioma that affects the abdomen. Some patients are diagnosed with pericardial mesothelioma. This is a rare type of the disease which affects both the lining (pericardium) as well as the organ itself.
Mesothelioma symptoms include fatigue, breathlessness abdominal pain and weight loss. In the last stages of mesothelioma the tumors can grow to other areas, causing severe discomfort and pain. Other common symptoms of mesothelioma include fluid on the lung (pleural effusion) and a loss of appetite, difficulties swallowing, and a blockage of the small intestine, referred to as a bowel obstruction. Mesothelioma is a debilitating illness, and it is often fatal.
The talcum-powder trial in Oakland involved an individual of 24 years old who was diagnosed with pericardial msothelioma following the use of J&J baby powder. His lawyers argued that J&J knew that talc contained asbestos, but didn't warn customers. They also cited a 1998 letter to an J&J executive, revealing the possibility of asbestos in their products.
This is only the latest in a string of high-dollar verdicts against J&J. In March, J&J's Talcum powder caused ovarian mesothelioma in one woman. Last month, another jury in Missouri handed down $55 million in a similar case. Seven new cases have been added to the MDL talcum-powder in the last month, bringing it to 37,522 the total number of lawsuits in the process. Most of these lawsuits were brought by women who have used J&J talcum powder to maintain feminine hygiene.
How do I know whether I have mesothelioma or not?
The diagnosis of mesothelioma could be devastating. Patients should always see a specialist to get the most accurate information available and prevent misdiagnosis that could result in unneeded treatment and let cancer grow.
A physical exam and blood sample can help to identify 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 precise method of diagnosing mesothelioma involves taking a biopsy. Doctors remove tissues or fluids from an affected area, and then look at them under a microscope to look for mesothelioma tumor 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 is responsible for the majority of cases that are diagnosed. Peritoneal mesothelioma, a cancer that forms in the abdomen's lining is not as common. Lastly, pericardial msothelioma is a rare form of cancer that develops in the lining of the heart. It is only 1% of all cases.
The first signs include a shortness of breath that becomes worse over time and coughing up blood. Asbestos patients may also experience fluid buildup in the chest cavity, which is known as pleural effusion. It can be removed by inserting a needle in the affected region of the chest cavity. In more serious cases, doctors may perform pleurodesis, an operation that seals the space in order to prevent the accumulation of fluid within the pleura.
A precise mesothelioma diagnosis is the best method to determine a patient's treatment options as well as their survival rate. Treatment options include chemotherapy, surgery and radiation are all options. There are also immunotherapy treatments that increases the immune system to fight mesothelioma and cancer treating fields that employ the power of magnets to kill cancerous cells.
A mesothelioma expert can also assist patients in understanding different mesothelioma types which determine the extent of the cancer and the patient's outlook. Patients should discuss with their doctor their experience with asbestos exposure to determine if mesothelioma is a possibility and what treatment options are available.
How Can I get help?
If you used Johnson & Johnson talcum and developed ovarian or other illnesses like mesothelioma as a result of using the powder, you could be eligible for a significant amount of compensation. Contact us today for an absolutely free case evaluation. We can help you bring mesothelioma lawsuit against J&J to make them accountable for their negligence.
https://www.accidentinjurylawyers.claims/mesothelioma/navigating-the-legal-process-how-to-file-a-mesothelioma-lawsuit/ is a rare, but fatal disease that is caused by exposure to asbestos. Asbestos was once widely used in a variety of consumer and industrial products, including baby powder. In talcum powder cases, plaintiffs claim that exposure to asbestos through inhalation of the powder led to the development of mesothelioma and other health issues.
J&J believed to have known about the risk of asbestos and talcum powder for decades but failed to warn consumers. Plaintiffs have filed lawsuits seeking punitive damages and compensatory damages against the company. These lawsuits have been consolidated in state and federal multidistrict litigations, or 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 remainder 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 halt the litigation. The company created a new subsidiary entity to take on its talc liability, and LTL Management filed for bankruptcy. The bankruptcy stayed the talc lawsuits of thousands, however, the 3rd Circuit rejected this strategy.
The lawsuits filed by the state of Mississippi are built on the same allegations as the individual lawsuits brought against J&J that claim that the company's inability to warn consumers about the dangers of ovarian cancer from talcum powder was negligent, and constituted violations of the law of the state.
J&J has filed a motion to dismiss lawsuits before a different bankruptcy court. A hearing is scheduled for June to determine if 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 counsel immediately. Our skilled attorneys will assist you in getting the compensation you deserve.