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 trial is the first to proceed since J&J spun off its Talc business and filed for bankruptcy.
This year, juries awards in New Jersey and California led to big settlements in talc-related lawsuits. Plaintiffs linked their cancer to asbestos in J&J's Shower to Shower and Baby Powder products.
What is Mesothelioma?
Mesothelioma is a lethal type of cancer, affects the mesothelium or the lining that surrounds organs and cavities inside the body. It is most prevalent in the lungs but can be located in the chest and abdomen cavity. Asbestos, the only known cause of this disease is asbestos. People who have been exposed to asbestos are at an increased risk of developing it.
The first trial following J&J declared bankruptcy on its talcum powder division began in Oakland, California this week.
Hayward mesothelioma lawyers were inspired by the story of the plaintiff. In 2022, the plaintiff who was only 24 years old at the time, was diagnosed with malignant mesothelioma in the pericardium. He blamed his condition on childhood exposure to Johnson & Johnson baby powder. The jury awarded him $26 million.
J&J has been accused of concealing asbestos-related risks from consumers for decades. The company has a history of hiding asbestos-related findings from regulators and funding asbestos tests to generate the results it desired. Several of the company's talcum powder suppliers have been named in these lawsuits, including Whittaker, Clark & Daniels and Imerys Talc America.
Many women who used talcum powder for feminine hygiene in the genital areas or on sanitary napkins or condoms have been diagnosed with an ovarian cancer and some have been diagnosed with mesothelioma. The lawsuits claim 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.
Mesothelioma symptoms can include breathing problems, chronic coughing fatigue, abdominal pain and lumps or masses on the abdomen or chest. Doctors can diagnose the condition through a physical exam and imaging scans. These include CT scans (computer tomography), MRIs, PET or X rays.
After a mesothelioma is diagnosed patients can undergo chemotherapy, surgery, and/or radiotherapy. Depending on the location of their tumors surgeons may be able to remove the affected tissue. Patients with mesothelioma can be given a life expectancy of less than five years. However, aggressive treatments like extracorporeal membrane transplant and cytoreduction with hyperthermic intraperitoneal chemotherapy can prolong the duration of their survival.
What causes Mesothelioma?
Like many cancers, mesothelioma develops by DNA mutations. These mutations cause cells to multiply rapidly and form tumors in the tissues of the body. Asbestos is the most frequent mesothelioma-related cause. Exposure to asbestos can occur in a variety of fields such as mining, manufacturing, construction and transportation. Asbestos exposure usually occurs between in the 20 to 40 years preceding symptoms develop. Mesothelioma is more prevalent in men than women, and is most commonly diagnosed in those in their 50s to 70s. The type of mesothelioma that a person gets is often determined by the part of their body that were exposed to asbestos. The majority of patients diagnosed with pleural msothelioma, which affects the lung. Others are diagnosed with peritoneal mesothelioma. one type of mesothelioma which affects the abdomen. Finally, some people are diagnosed with pericardial mesothelioma. It is an extremely rare form of the disease that affects the lining of the heart (pericardium) and the organ itself.
Shortness of breath, fatigue and abdominal pain are all signs of mesothelioma. In the last stages of mesothelioma the tumors may expand to other parts of the body, causing severe discomfort and pain. Other signs of mesothelioma can include fluid in the lungs, loss of appetite difficulties eating and swallowing. Mesothelioma can be fatal.
The trial involving talcum powder in Oakland involved a man of 24 who was diagnosed with pericardial cancer due to the use of J&J baby powder. His lawyers claimed that J&J knew that talc contained asbestos, but did not inform customers. They also cited a letter in 1998 to an J&J executive which revealed the possibility of asbestos in their products.
This is the latest in a string of high-dollar verdicts against J&J. In March, J&J's Talcum Powder caused ovarian mesothelioma in a woman. In the same month, a jury in Missouri awarded $55 million in the same case. In addition, seven cases were added to the talcum powder MDL over the last month, bringing the number of lawsuits pending to 37,522. Most of these lawsuits are filed by women who used J&J talcum powder to maintain their feminine hygiene.
How Can I Tell If I Have Mesothelioma?
A diagnosis of mesothelioma can be devastating. Patients should always consult a specialist to ensure the most accurate diagnosis and to prevent false diagnosis, which could lead to unneeded treatment and cancer spreading.
A physical examination and blood test is a good start to identify whether mesothelioma is causing symptoms. These tests can be used to look for asbestos fibers in blood, or the health of the patient's internal organs. The most accurate method of diagnosing mesothelioma involves taking a biopsy. Doctors extract tissues or fluids from an affected area, and examine them under a microscope to look for mesothelioma tumor cells.
The type of mesothelioma that a person has also affects the likelihood of a positive outcome. Pleural mesothelioma is by far the most commonly encountered type of disease and is responsible for the majority of cases that are diagnosed. Peritoneal cancer that develops in the lining of the abdomen is a less well-known type. Lastly, pericardial msothelioma is a rare form of cancer that develops in the lining of the heart. It only accounts for one percent of all cases.
Some of the earliest symptoms include shortness of breath that gets worse over time and coughing up blood. Asbestos victims might also experience fluid buildup in the chest cavity, a condition known as pleural effusion. It can be removed by inserting a needle into the affected area of the chest cavity. In more severe cases, doctors might perform pleurodesis. This is an operation which seals the area in order to prevent the accumulation of fluid within the pleura.
A reliable diagnosis of mesothelioma is crucial to determine the rate of survival for a patient and treatment options. There are a myriad of treatments available that include surgery, chemotherapy and radiation. Other options include immunotherapy, which enhances the immune system to fight mesothelioma as well as tumor treating fields that use magnetic fields to kill cancerous cell.
A specialized mesothelioma specialist can help patients understand the different mesothelioma cells which determine how invasive the cancer is and what the patient's prognosis is. Patients should discuss their history of asbestos exposure with their doctor to determine if they're mesothelioma candidates and discover what kinds of treatment might be available to them.
How Can I Get Help?
If you've used Johnson & Johnson talcum and developed ovarian or other illnesses like mesothelioma after using the powder, you could be eligible for significant compensation. Contact us now to receive a no-cost, no obligation case evaluation. We can help you bring mesothelioma suits against J&J to hold them accountable for negligence.
Mesothelioma is an extremely rare and fatal condition caused by asbestos exposure is a rare condition. Asbestos was once widely used in a variety of industrial and consumer products including baby powder. Plaintiffs in talcum powder lawsuits claim that inhaling talcum powder led to their asbestos exposure which led to mesothelioma and other health problems.
J&J failed to inform the public about the dangers of asbestos and talcum even though they had been aware of their dangers for many years. Plaintiffs have filed lawsuits seeking punitive damages and compensatory damages against J&J. These lawsuits have been consolidated in state and federal multidistrict litigations, or MDLs.
In 2018, one of the largest Talc cases resulted in a $4.7 billion verdict in the favor of the plaintiff. The news made headlines across the country and set the tone for the remainder of the litigation. In the last month, a judge denied J&J's request to dismiss the lawsuits filed by the state.
However, in an attempt to stop the lawsuit, J&J tried again. The company established a new subsidiary entity to assume its talc liabilities and LTL Management filed for bankruptcy. The bankruptcy was able to halt thousands of talc lawsuits, however, the 3rd Circuit rejected this strategy.
The lawsuits brought by Mississippi are based on the same allegations that are in the background of the individual lawsuits filed against J&J. They assert that the company was negligent in failing to warn of the possibility of ovarian cancer due to talcum-powder, and that this resulted in an infraction of the law of the state.
J&J has submitted its motion to dismiss the lawsuits to an alternative bankruptcy court. A hearing has been scheduled for June 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 experienced lawyers can help you receive the compensation you deserve.