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 marks the first trial to be held since J&J filed for bankruptcy and spun off its Talc division.
In the early part of this year, large settlements were made in talc suits in New Jersey and California. Plaintiffs attributed their cancer to asbestos in J&J's Shower to Shower and Baby Powder products.
What is Mesothelioma?
Mesothelioma can be a deadly form of cancer that affects the mesothelium, the lining that surrounds organs and body cavities. It is most commonly found in the lungs, however it can also occur in the abdomen, heart and chest cavity, as well as the testicles. Asbestos is the only known mesothelioma-related cause 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 was opened this week, and jurors in Oakland, California were emotional as they heard the testimony of the plaintiff. The plaintiff, who is only 24 years old, was diagnosed with malignant pericardial cancer in 2022. He attributed his illness to the use of Johnson & Johnson baby powder. The jury awarded him $25 million.
J&J has been accused of concealing asbestos risks from the public for a number of years. The company has a history of withholding asbestos findings from regulators and funding asbestos tests to get the results it desired. The lawsuits have identified a number of the company's talcum-powder suppliers, including Whittaker Clark & Daniels, Imerys Talc America, and others.
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 assert that J&J was aware for more than forty years that the powder could trigger ovarian cancer and other diseases, but failed to warn consumers.
Symptoms of mesothelioma include abdominal pain as well as abdominal swelling, abdominal lumps and persistent coughing. Doctors can diagnose the disease by a physical examination and imaging scans. These include CT scans (computer tomography), MRIs, PET or X rays.
When a mesothelioma diagnosis is confirmed, patients can 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 be given a life expectancy 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?
Mesothelioma, like most cancers is caused by DNA mutations in cells. These mutations lead to uncontrolled cell growth, which forms tumors in tissues. Asbestos is the most frequent mesothelioma cause. Asbestos exposure can be found in a variety of industries such as manufacturing, mining, and transportation. Asbestos exposure is typically seen in the 20 to 40 years preceding symptoms develop. Mesothelioma is more prevalent in men than women, and it is usually diagnosed in people who are in their 50s and 70s. The kind of mesothelioma caused by asbestos that a person develops is usually determined by the place they were exposed. Most mesothelioma patients are diagnosed with pleural mesothelioma, which affects the lung. Other patients are diagnosed with peritoneal msothelioma. This kind of mesothelioma is affecting the abdomen. In addition, some individuals are diagnosed with pericardial melanoma, an extremely rare type of the disease that affects the heart's lining (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 that cause severe discomfort and discomfort. Other symptoms of mesothelioma include fluid in the lungs, nausea, difficulty eating and swallowing. Mesothelioma can be fatal.
The talcum-powder case in Oakland involved an individual of 24 who developed pericardial mesothelioma as a result of using J&J baby powder. His lawyers argued that J&J knew that talc was contaminated with asbestos, but did not warn consumers. They also cited an 1998 letter sent to an J&J executive that revealed the possibility of asbestos being present in their products.
This is the latest in a string of major verdicts against J&J. In March, a jury awarded $18.8 million to a woman who was diagnosed with ovarian mesothelioma from J&J's talcum powder. Last month the jury in Missouri awarded $55 million in a separate 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 total number of pending lawsuits to 37,522. Most of these lawsuits are filed by women who used J&J talcum powder to maintain feminine hygiene.
How do I know if I Have Mesothelioma?
A diagnosis of mesothelioma can be devastating. Patients should always consult a specialist to get the most accurate information available and prevent misdiagnosis that could lead to unneeded treatment and let cancer grow.
A physical exam and a blood sample can help identify mesothelioma symptoms. These tests can be used to test for asbestos fibers in blood, or the health of the patient's internal organs. The most accurate way to identify mesothelioma is with biopsy, which is when doctors remove fluid or tissue from the affected area, and then examine it under a microscope in order to search for mesothelioma cancer cells.
The type of mesothelioma that a person has can also influence the prognosis of a patient. Pleural mesothelioma that develops in the thin lining of the lungs, is the frequent form of the disease and accounts for the vast majority of cases diagnosed. Peritoneal cancer, which develops in the lining of the abdomen, is a less common type. Lastly, pericardial msothelioma is a rare type that occurs in the lining the heart. It's only one percent of all cases.
The breath is short, and gets worse with time, and a bloody cough are a few of the initial symptoms. Asbestos sufferers might also experience fluid buildup in the chest cavity, a condition known as pleural effusion. The fluid can be removed from the chest cavity by inserting an needle into the affected area. In more severe cases, doctors may perform pleurodesis, a procedure that seals the space to stop the accumulation of fluid in the pleura.
A precise diagnosis of mesothelioma is crucial in determining the patient's survival rate as well as treatment options. Treatment options include chemotherapy, surgery, and radiation are all options. Other options include immunotherapy, a type of treatment that boosts the immune system to fight mesothelioma cells and tumor-removing fields, which employ the power of magnets to destroy cancerous cells.
A mesothelioma specialist may also assist patients in understanding different mesothelioma types, which determine the extent of the cancer as well as the outlook for patients. Patients should discuss their history of exposure to asbestos with their physician to determine if they are mesothelioma candidates and find out what types of treatment are available to them.
How Can I Get Help?
If you have used Johnson & Johnson talcum powder and have been diagnosed with ovarian cancer or another disease such as mesothelioma, you may be eligible for significant compensation. Contact us today for a free, no obligation case evaluation. We can assist you with bringing mesothelioma lawsuit against J&J to make them accountable for their negligence.
Mesothelioma is a rare, but fatal disease caused by exposure to asbestos. Asbestos was once used extensively in a range 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 failed to inform the public about the dangers of talcum and asbestos, despite knowing them for many years. Amarillo mesothelioma lawyer have filed mesothelioma lawsuits against J&J seeking punitive and compensatory damages. These claims have been consolidated in state and federal multidistrict lawsuits, or MDLs.
In 2018, one of the largest Talc cases resulted in a $4.7 billion verdict in favor of the plaintiff. This made national headlines and set the tone for the rest of the litigation. In the last month, a judge denied a motion by J&J to dismiss the lawsuits filed by the state of Mississippi.
In an attempt to derail the lawsuit, J&J tried again. LTL Management, a subsidiary of J&J, filed for bankruptcy after the company created a new entity to assume its obligations. The bankruptcy was able to halt thousands of talc lawsuits, but the 3rd Circuit rejected this strategy.
The lawsuits brought by the state of Mississippi are based on the same allegations that were a part of the individual lawsuits brought against J&J which allege that the company's inability to warn about the risks of ovarian cancer caused by talcum powder was negligent, and violated state law.
J&J has resubmitted its motion to dismiss the lawsuits to another bankruptcy court. A hearing is scheduled for June to decide 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 talcum powder. You should seek legal advice as soon as possible. Our skilled attorneys will assist you in getting the compensation that you deserve.