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 responsible for his cancer. The Oakland mesothelioma case marks the first trial that has been held since J&J filed for bankruptcy and spun off its Talc division.
In the beginning of the year, substantial settlements were reached in talc cases in New Jersey and California. Plaintiffs have linked cancer to asbestos that was found 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 located in the chest and abdomen cavity. Asbestos is the sole known cause of mesothelioma 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 when they heard 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 attributed the reason for his illness to his early use of Johnson & Johnson Baby Powder. The jury awarded him $25 million.
J&J has been accused of concealing asbestos risks from consumers for decades. The company has a long tradition of keeping asbestos information from regulators, as well as paying for asbestos tests that gave the results they wanted. These lawsuits have identified several of the talcum-powder suppliers for the company which include Whittaker Clark & Daniels, Imerys Talc America, and others.
Some women who used talcum to provide feminine hygiene, such as sanitary pads or condoms, or in the genital region have developed ovarian and mesothelioma. The lawsuits assert that J&J was aware for more than forty years that the powder could cause ovarian cancer as well as other illnesses, but failed to warn consumers.
Mesothelioma symptoms can include breathing problems, chronic coughing abdominal pain, fatigue, and lumps or masses on the abdomen or chest. Doctors can diagnose the disease through a physical examination and imaging scans. These include CT scans (computer tomography), MRIs, PET or X-rays.
Once a mesothelioma diagnosis is confirmed, patients can undergo chemotherapy, surgery, or radiation. The surgeons can remove the affected tissue, based on the location of the tumors. 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 duration of survival.
What Causes Mesothelioma?
Mesothelioma, as with most cancers, is caused by DNA mutations in cells. The mutations cause the cells to multiply rapidly, forming tumors in the tissues of the body. Asbestos is the most common mesothelioma cause. Asbestos exposure can occur at work in a variety of fields, including manufacturing, mining construction, and transportation. Asbestos is typically exposed between 20 and 40 years before symptoms developing. Mesothelioma affects men more than women, and is most often diagnosed in those in their 50s to 70s. The type of mesothelioma that a person gets is often determined by the area of their body where they were exposed to asbestos. Most mesothelioma patients are diagnosed with pleural mesothelioma that affects the lung. Other patients are diagnosed with peritoneal mesothelioma. This type of mesothelioma affects the abdomen. Finally, some people are diagnosed with pericardial mesothelioma, an extremely rare type of the disease that affects the heart's lining (pericardium) and the organ itself.
A lack of breath as well as abdominal pain and fatigue are all symptoms of mesothelioma. In the late mesothelioma stages, the tumors can spread to different areas of the body creating severe discomfort and pain. Other signs of mesothelioma are fluid in the lungs, loss of appetite, difficulty eating and swallowing. Mesothelioma is a debilitating disease, and is often fatal.
The trial involving talcum powder in Oakland involved a 24-year-old man who was diagnosed with pericardial mesothelioma due to 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 a letter from 1998 to a J&J executive that highlighted the possibility of asbestos in their products.
This is the latest in a string of high-dollar verdicts against J&J. In March the jury awarded $18.8 million to a woman who developed mesothelioma ovarian from J&J's talcum powder. Then, last month, a jury in Missouri awarded $55 million in another case that involved the same issue. In addition, seven new cases were added to the talcum powder MDL over the last month and brought the total number of pending lawsuits to 37,522. The majority of these lawsuits concern women who have used J&J's talcum powder to wash their feminine hygiene.
How Can I Tell if I Have Mesothelioma?
A diagnosis of mesothelioma may be devastating. Patients should always consult a specialist to get the most accurate information possible and avoid misdiagnosis that could lead to unnecessary treatment and allow cancer to expand further.
https://www.youtube.com/watch?v=vcJDbJFELEk and blood test is an effective way to determine whether mesothelioma has caused symptoms. These tests can be used to look for asbestos fibers in blood or the health of a patient's internal organs. The most reliable method of diagnosing mesothelioma is the procedure of a biopsy. Doctors take tissues or fluids from the affected area, and examine them under a microscope for mesothelioma cancerous cells.
The type of mesothelioma that sufferers have can influence the prognosis of a patient. Pleural mesothelioma that develops in the thin lining that surrounds the lungs, is the common form of the disease and accounts for the majority of diagnosed cases. Peritoneal cancer, which forms in the lining surrounding the abdomen is a less prevalent type. Lastly, pericardial msothelioma is a rare type that occurs in the lining the heart. It is only 1% of all cases.
The first signs include shortness of breath that becomes worse over time and coughing up blood. Asbestos patients can also experience fluid accumulation within the chest cavity. This is known as the pleural effusion. It can be eliminated by inserting a needle into the affected region of the chest cavity. In more severe cases, doctors may use a procedure known as pleurodesis to seal the space to prevent reaccumulation of fluid in the pleura.
A reliable diagnosis of mesothelioma is crucial to determine a patient's survival rate and treatment options. There are a variety of options for treatment that include surgery, chemotherapy and radiation. Other options include immunotherapy. It is a type of treatment that boosts the immune system to fight mesothelioma cells, and tumor treating fields, which use a magnetic field to kill cancerous cells.
A mesothelioma specialist may also assist patients in understanding different mesothelioma types which determine the severity of the cancer and the patient's outlook. 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 might be available to them.
How Can I Get Help?
If you've used Johnson & Johnson talcum powder and have been diagnosed with ovarian cancer or another illness like mesothelioma or other cancers, you could be eligible for substantial compensation. Contact us today for an obligation-free, no-cost case evaluation. We can assist you in filing a mesothelioma lawsuit against J&J and make J&J accountable for their actions.
Mesothelioma is a rare, but fatal disease caused by exposure to asbestos. Asbestos used to be widely used in many industrial and consumer products like baby powder. The plaintiffs in talcum powder cases claim that inhaling talcum powder contributed to their asbestos exposure and subsequently mesothelioma and other health problems.
J&J allegedly knew about the risk of talcum powder and asbestos for a long time, but failed to warn consumers. Plaintiffs have filed lawsuits seeking punitive damages as well as compensatory damages against the company. These lawsuits have been amalgamated into federal and state multidistrict litigations or MDLs.
In 2018 one of the biggest talc cases led to a $4.7 billion settlement in favor of the plaintiff. This was a major news story and set the stage for the rest of the litigation. Last month, a judge ruled against a request by J&J to dismiss the lawsuits brought by the state of Mississippi.
In an attempt to derail the litigation, J&J tried again. LTL Management, a subsidiary of J&J was forced to file for bankruptcy after the company incorporated a new entity to assume its liabilities. The bankruptcy stayed thousands of talc lawsuits, however, the 3rd Circuit rejected this strategy.
The lawsuits brought by the state of Mississippi are founded on the same allegations that were a part of the individual lawsuits brought against J&J: that the company's failure to warn about the risks of ovarian cancer caused by the talcum powder was negligent and was a violation of the law of the state.
J&J has submitted its motion to dismiss the lawsuits to a different bankruptcy court. A hearing has been scheduled for June to decide whether the lawsuits against J&J will be allowed to move forward. If you or someone around you has been diagnosed with mesothelioma or another condition that could be the result of talcum powder. You should seek legal advice as soon as possible. Our skilled attorneys can assist you in obtaining the compensation that you deserve.