Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A man who is 24 years old and has pericardial mesotheliom claims that Johnson & Johnson baby powder is to blame for his cancer. The Oakland mesothelioma trial is the first one to be held since J&J spun off its talc business and filed for bankruptcy.
This year, juries awards in New Jersey and California led to massive settlements in talc-related lawsuits. Plaintiffs linked cancer to asbestos in J&J products Shower to Shower and baby powder.
What is Mesothelioma?
Mesothelioma is a deadly type of cancer that affects the mesothelium the lining that surrounds organs and body cavities. It is most prevalent in the lungs but can be found in the abdomen and chest cavity. Asbestos is the only known mesothelioma causing agent and those 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 as they heard the plaintiff's story. The plaintiff, who is only 24 years old was diagnosed with malignant pericardial cancer in 2022. 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 obfuscating asbestos risks from consumers for decades. The company has a long track record of keeping asbestos information from regulators, and paying for asbestos tests that did not yield the results they wanted. A number of the company's talcum powder suppliers have been named in these lawsuits which include Whittaker, Clark & Daniels and Imerys Talc America.
Many women who used talcum powder to maintain feminine hygiene in the genital area or on sanitary napkins, or condoms have been diagnosed with cancer of the ovary, and a few have been diagnosed with mesothelioma. The lawsuits assert that J&J knew for more than 40 years that the powder caused mesothelioma and ovarian cancer, however, they failed to warn consumers of this risk.
Mesothelioma symptoms can include difficulty breathing, persistent coughing and fatigue, abdominal pain and lumps or masses on the chest or abdomen. Doctors can detect mesothelioma with a physical exam and imaging scans. These could include CT (computer tomography) scans, MRIs and 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. Certain patients with mesothelioma have a lifespan less than five. However, aggressive treatments such as extracorporeal transplantation of tissue and the cytoreduction process using hyperthermic intraperitoneal chemotherapy can prolong the life of patients.
What is the cause of Mesothelioma?
Like most cancers, mesothelioma occurs by DNA mutations. These mutations can cause uncontrolled cell growth, which forms tumors in tissues. Asbestos is the most common cause of mesothelioma. Exposure to asbestos can occur in many different industries, including manufacturing, mining construction, and transportation. Asbestos exposure usually occurs between in the 20 to 40 years preceding symptoms appear. Men are more likely to develop mesothelioma than females. It is also diagnosed most often in people between the ages 50 and 70. The kind of mesothelioma caused by asbestos that someone develops is often determined by where they were exposed. The majority of mesothelioma patients are diagnosed with pleural msothelioma which affects the lung. Others are diagnosed with peritoneal mesothelioma, one type of mesothelioma which affects the abdomen. Some people are diagnosed with pericardial msothelioma. This is a rare type of disease that affects both the lining (pericardium) and the organ itself.
Mesothelioma symptoms include fatigue, breathlessness and abdominal pain, as well as weight loss. In the latter stages of mesothelioma, tumors may spread to other parts, causing severe discomfort and pain. Other signs of mesothelioma can include fluid in the lungs, loss of appetite and difficulty swallowing and eating. Mesothelioma is a terminal illness that can be fatal.
The talcum-powder case in Oakland involved an individual of 24 who developed pericardial msothelioma following the use of J&J baby powder. His lawyers argued that the company knew that talc contained asbestos, but didn't inform consumers. They also cited an 1998 letter to an J&J executive revealing the possibility of asbestos in their products.
This is the latest in a string of major verdicts against J&J. In March, J&J's Talcum powder caused ovarian mesothelioma in one woman. Last month, another jury in Missouri awarded $55 Million in an identical case. Seven new cases have been added to the MDL talcum powder over the last month, bringing it to 37,522 the total number of pending suits. The majority of these lawsuits involve women who used J&J's talcum powder to wash their feminine hygiene.
How Can I Tell If I Have Mesothelioma?
A diagnosis of mesothelioma can be devastating. Patients must always consult a doctor to ensure the most precise diagnosis and to avoid false diagnosis, which could result in unnecessary treatment and cancer spreading.
A physical exam and blood sample can aid in identifying mesothelioma symptoms. hillsboro mesothelioma attorneys can check for asbestos fibers in blood or to assess the way in which the organs of a patient are functioning. The most precise method to identify mesothelioma is with a biopsy, where doctors remove fluid or tissue from the affected area and then examine the area under a microscope to search for mesothelioma cancer cells.
The type of mesothelioma a person has also affects the likelihood of a positive outcome. Pleural mesothelioma is the most common type of the disease, and accounts for the majority of cases diagnosed. Peritoneal cancer, which develops in the lining surrounding the abdomen is a less prevalent form. The pericardial mesothelioma, a rare type of cancer that develops in the heart's lining, is much less common and makes up approximately 1% of cases.
Some of the earliest symptoms include shortness of breath which gets worse with time and coughing up blood. Asbestos sufferers may also experience fluid accumulation within the chest cavity. This condition is called the pleural effusion. It can be eliminated by inserting a needle into the affected region of the chest cavity. In more severe cases, doctors might perform pleurodesis. This is an operation that seals the cavity to stop the accumulation of fluid in the pleura.
A precise mesothelioma diagnosis is the best method to determine the patient's treatment options and survival rate. There are a myriad of options for treatment that include surgery, chemotherapy and radiation. Other options include immunotherapy, which is a form of treatment that enhances the immune system to fight mesothelioma cells and tumor-targeting fields, which employ an electromagnetic field to kill cancerous cells.
A mesothelioma specialist can assist patients in understanding various mesothelioma cell types, which determine the extent of the cancer as well as the outlook of the patient. Patients should discuss their experience of asbestos exposure with their physician to determine if they are mesothelioma candidates and learn about the various types of treatment are available to them.
How Can I get help?
If you used Johnson & Johnson talcum and you developed an ovarian disease or another like mesothelioma as a result of using the talcum powder, you may be eligible for a significant amount of compensation. Contact us now for a free, no obligation case assessment. We can assist you in filing mesothelioma lawsuits against J&J and make J&J accountable for their actions.
Mesothelioma is a rare and fatal disease caused by asbestos exposure is a rare disease. Asbestos was once used extensively in a variety of consumer and industrial products including baby powder. The plaintiffs in talcum powder cases claim that inhaling talcum powder contributed to asbestos exposure which led to mesothelioma and other health problems.
J&J believed to have known about the dangers of talcum powder and asbestos for a long time, but failed to warn consumers. Plaintiffs have filed mesothelioma lawsuits against the company seeking compensatory and punitive damages. The claims have been combined into federal and state multidistrict litigations, or MDLs.
In 2018, one of the largest Talc trials ended in a $4.7 billion settlement for the plaintiff. This was a major news story and set the tone for the rest of the year. In the last month, a judge denied J&J's motion 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 stopped thousands of talc suits, but the 3rd Circuit rejected that strategy.
The lawsuits brought 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 inability to warn of the dangers of ovarian cancer caused by talcum powder was negligent, and violated state law.
J&J has filed a motion to dismiss lawsuits to another bankruptcy court. A hearing is scheduled for June in order to determine if the lawsuits against J&J will be allowed to be pursued. If you or someone near you has been diagnosed with mesothelioma or any other condition that could have been caused talcum powder. You should seek legal counsel immediately. Our skilled attorneys can help you receive compensation that you deserve.