Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A man who is 24 years old and has pericardial mesothelioma has alleged 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 first quarter of the year, huge settlements were reached in talc lawsuits in New Jersey and California. Plaintiffs linked cancer to asbestos in J&J products Shower to Shower and baby powder.
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 common in the lungs, but it can be located in the abdomen and chest cavity. Asbestos, which is the only known cause of this illness, is asbestos. People who have been exposed are at risk of developing it.
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 story of the plaintiff. The plaintiff, who is just 24 years old, was diagnosed with malignant pericardial mesothelioma 2022. He blamed his condition on the use of Johnson & Johnson baby powder. The jury awarded him $26 million.
J&J has been accused of concealing asbestos risks from consumers since decades. The company has a long history of concealing asbestos-related information from regulators, and paying for asbestos tests that produced the results they wanted. These lawsuits have identified several of the company's suppliers of talcum powder such as Whittaker Clark & Daniels, Imerys Talc America, and other companies.
Women who used talcum for feminine hygiene on sanitary pads or condoms, or in the genital region have been diagnosed with mesothelioma and ovarian cancer. The lawsuits assert that J&J knew for more than 40 years that using the powder caused mesothelioma and ovarian cancer, but failed to warn customers of this risk.
Mesothelioma symptoms include breathing difficulties, constant coughing and abdominal pain, fatigue and lumps or masses on the chest or abdomen. Doctors can diagnose mesothelioma through physical examination and imaging scans. They can include CT (computer tomography) scans, MRIs and PET or X-rays.
When a mesothelioma diagnosis is confirmed, patients can undergo chemotherapy, surgery, or radiation. Depending on the site of their tumors, surgeons may be able to remove the affected tissue. Patients with mesothelioma may be given a life expectancy less than five years, however aggressive treatments such as extracorporeal membrane transplantation and cytoreduction using hyperthermic intraperitoneal chemotherapy can extend survival.
What causes Mesothelioma?
Like most cancers, mesothelioma is caused by DNA mutations. The mutations cause the cells to multiply in uncontrolled ways, forming tumors in the tissues of the body. Asbestos is the leading cause of mesothelioma. Asbestos exposure can occur at work in many different industries which include manufacturing, mining construction, transportation and construction. Asbestos exposure usually occurs between in the 20 to 40 years preceding symptoms appear. Mesothelioma is more prevalent in men than women, and is most often diagnosed in those in their 50s and 70s. The type of mesothelioma that a person is usually determined by the area of their body that were exposed to asbestos. The majority of patients diagnosed with pleural msothelioma which affects the lung. Other patients are diagnosed with peritoneal mesothelioma. This kind of mesothelioma affects the abdomen. Additionally, some patients are diagnosed with pericardial melanoma, an extremely rare type of the disease that affects the lining of the heart (pericardium) and the organ itself.
Insomnia, fatigue and abdominal pain are all symptoms of mesothelioma. In the latter stages of mesothelioma, tumors can grow to other areas that cause severe discomfort and pain. Other signs of mesothelioma are fluid in the lung, a loss of appetite, difficulty eating and swallowing. Mesothelioma is a debilitating illness that is often fatal.
The talcum-powder trial in Oakland involved a man of 24 who developed pericardial mesothelioma as a result of using J&J baby powder. His lawyers argued that J&J knew that talc contained asbestos, but did not warn consumers. They also cited an 1998 letter to an J&J executive revealing the possibility of asbestos being present in their products.
This is the latest in a series of large verdicts against J&J. In March, J&J's Talcum Powder caused ovarian mesothelioma to a woman. In March, a jury in Missouri awarded $55 million in a similar case. Seven new cases have been added to the MDL talcum-powder in the last month, bringing to 37,522 the total number of lawsuits pending. The majority of these lawsuits concern women who used J&J's Talcum powder for feminine hygiene purposes.
How Do I Know If I Have Mesothelioma?
A diagnosis of mesothelioma may be devastating. Patients should always seek out a specialist for the most accurate diagnosis and to avoid false diagnosis, which could lead to unneeded treatment and spread of cancer.
A physical exam and a blood test could be a good start to identify whether mesothelioma may be causing symptoms. These tests can check for asbestos fibers in the blood or to look at the extent to which a patient's organs are functioning. The most precise method to diagnose mesothelioma is by 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 that a person is suffering from also affects his or her prognosis. Pleural mesothelioma, that forms in the thin lining of the lung, is the most frequent form of the disease and accounts for the vast majority of cases diagnosed. Peritoneal mesothelioma, a cancer that develops in the lining of the abdomen is not as common. The pericardial msothelioma, in turn, is a rare type that is found in the lining of the heart. It only accounts for 1% of all cases.
The breath is short, and gets worse with time, and a bloody cough are some of the first symptoms. Asbestos sufferers may also experience fluid buildup in the chest cavity, a condition known as pleural effusion. The fluid can be drained from the chest cavity by inserting an needle into the affected area. In more serious cases, doctors can undergo a procedure called pleurodesis, which seals the area to prevent reaccumulation of fluid in the pleura.
A precise diagnosis of mesothelioma is essential to determining the patient's survival rate as well as treatment options. There are a myriad of treatments available, including surgery, chemotherapy and radiation. Other options include immunotherapy. It is a kind of treatment that increases the immune system to fight mesothelioma tumors, and tumor treating fields, which employ an electromagnetic field to eliminate cancerous cells.
A mesothelioma specialist may also help patients understand various mesothelioma cell types that determine the extent of the cancer and the outlook of the patient. Patients should discuss with their physician their experience with asbestos exposure to determine whether mesothelioma is a possibility and what treatment options are available.
How Can I get help?
If you used Johnson & Johnson talcum and suffered from ovarian or other diseases like mesothelioma after using the talcum powder, you could be eligible for a significant amount of compensation. Contact us today for a no-obligation, free case evaluation. We can assist you with bringing a mesothelioma suit against J&J to hold them accountable for negligence.
Mesothelioma is a rare, but fatal disease that is caused by asbestos exposure. Asbestos was once used extensively in a range of industrial and consumer products including baby powder. In talcum powder cases plaintiffs claim that exposure to asbestos through inhalation of the powder caused them to develop mesothelioma or other health problems.
J&J did not inform the public about the dangers of talcum and asbestos even though they had been aware of their dangers for many years. Plaintiffs have filed lawsuits seeking punitive damages as well as compensatory damages against J&J. The claims have been amalgamated into federal and state multidistrict litigations or MDLs.
In 2018 one of the biggest 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 rejected a motion by J&J to dismiss the lawsuits filed by the state of Mississippi.
However, in an effort to halt the lawsuit, J&J tried again. The company set up an entity that was a subsidiary to assume its talc liabilities, and LTL Management filed for bankruptcy. The bankruptcy stopped hundreds of talc suits however, the 3rd Circuit rejected that strategy.
The lawsuits brought by the state of Mississippi are founded on the same allegations that were a part of the individual lawsuits against J&J: that the company's inability to warn consumers about the dangers of ovarian cancer caused by the talcum powder was negligent and constituted violations of the law of the state.
J&J has submitted its motion to dismiss the lawsuits to another bankruptcy court. A hearing is scheduled for June in order to determine whether the lawsuits against J&J will be allowed to proceed. If you or someone you know is diagnosed with mesothelioma or other disease which could be caused by talcum powder you should seek legal assistance immediately. Reno mesothelioma attorneys will assist you in getting the justice you deserve.