Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A 24-year-old man with mesothelioma of the pericardium has claimed that Johnson and Johnson's baby powder was responsible for his cancer. The Oakland mesothelioma case is the first trial to be held since J&J filed for bankruptcy and split off its Talc division.
In the spring of this year, jury awards in New Jersey and California led to massive settlements in talc-related lawsuits. Plaintiffs attributed cancer to asbestos 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 often found in the lungs but it can also occur in the abdomen, heart, chest cavity and testicles. Asbestos is the only known cause of mesothelioma and those who have been exposed to asbestos are at 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 listened to the testimony of the plaintiff. In 2022, the plaintiff who was only 24 years old at the time, was diagnosed with malignant mesothelioma of pericardium. He attributed the cause of his condition to his early use of Johnson & Johnson Baby Powder. The jury awarded him $26 million.
J&J is accused of obfuscating asbestos risks from consumers since many years. J&J has a history of obstructing asbestos research from regulators and even funding asbestos tests to get the results it wanted. Several of the company's talcum powder suppliers have been named in these lawsuits and include 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 cancer of the ovary, and a few 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 and abdominal lumps, abdominal swelling and a persistent cough. Doctors can diagnose mesothelioma 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 surgery, chemotherapy, or radiotherapy. Depending on the site of their tumors, surgeons may be able remove the affected tissue. Patients with mesothelioma can be given an expected life expectancy of less than five years, however aggressive treatments like extracorporeal membrane transplant and cytoreduction with hyperthermic intraperitoneal chemotherapy may prolong the duration of their survival.
What causes Mesothelioma?
Like all cancers, mesothelioma develops by DNA mutations. These mutations cause cells to multiply uncontrollably, forming tumors in the tissues of the body. Asbestos is a frequent cause mesothelioma. Asbestos exposure can occur at work in a variety of fields which include mining, manufacturing construction, and transportation. Asbestos is typically exposed between 20 and 40 years before symptoms becoming apparent. Men are more likely to develop mesothelioma than females. It is also most often diagnosed in those between the ages 50 and 70. The type of mesothelioma a sufferer is usually determined by the part 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 melanoma, a type of mesothelioma that affects the abdomen. In addition, some individuals are diagnosed with pericardial mesothelioma, an extremely rare form of the disease that affects the heart's lining (pericardium) and the organ itself.
Mesothelioma symptoms include fatigue, breathlessness abdominal pain and weight loss. In the late stages of mesothelioma tumors can spread to different parts of the body, which can cause severe discomfort and pain. Other signs of mesothelioma are fluid in the lungs, nausea and difficulty swallowing and eating. Mesothelioma can be fatal.
The talcum-powder case in Oakland involved a man of 24 years old who was diagnosed with pericardial mesothelioma as a result of using J&J baby powder. https://www.youtube.com/watch?v=48ECDuRg1Gw claimed that J&J knew that talc might contain asbestos, but did not warn consumers about it. They also cited an 1998 letter addressed to a J&J executive that revealed 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 handed down $55 million in an identical case. Seven new cases have been added to the MDL talcum-powder over the past month, bringing to 37,522 the number of lawsuits in the process. The majority of these lawsuits are filed by women who used J&J talcum powder to maintain their feminine hygiene.
How can I tell whether I have mesothelioma not?
A diagnosis of mesothelioma is 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 sample can help identify mesothelioma symptoms. These tests can be used to determine asbestos fibers in the blood or to determine how well a patient's organs are functioning. The most reliable method of diagnosing mesothelioma is a biopsy. Doctors take tissues or fluids from an affected area, and then look at them under a microscope to look for mesothelioma cancerous cells.
The type of mesothelioma a person has also affects the prognosis of their patient. Pleural mesothelioma is the most commonly encountered type of disease and is responsible for the majority of cases diagnosed. Peritoneal mesothelioma is a type of cancer that develops in the lining of the abdomen is not as common. The pericardial msothelioma, in turn, is a rare type that develops in the lining of the heart. It is only 1percent of all cases.
Some of the earliest symptoms include shortness of breath that gets worse over time and coughing up blood. Asbestos patients may also experience fluid accumulation within the chest cavity. This is known as Pleural effusion. The fluid can be eliminated from the chest cavity by inserting an needle into the affected area. In more severe cases, doctors may undergo a procedure called pleurodesis to seal the space to stop the reaccumulation of fluid in the pleura.
A mesothelioma accurate diagnosis is crucial to determine a patient's survival rate and treatment options. Chemotherapy, surgery and radiation are all options. Other options include immunotherapy, which boosts the immune systems to fight mesothelioma and cancer treating fields that employ magnetic fields to kill cancerous cells.
A mesothelioma expert can also help patients understand various mesothelioma cell types, which determine the severity of the cancer and the outlook of the patient. Patients should discuss with their doctor their history of asbestos exposure to determine whether mesothelioma could be an option and what treatment options are available.
How Can I get help?
If you have used Johnson & Johnson talcum powder and then developed ovarian cancer, or a different illness such as mesothelioma or other cancers, you could be eligible for substantial compensation. Contact us today to receive a no-obligation, free assessment of your case. We can help you bring mesothelioma lawsuit against J&J to hold them accountable for negligence.
Mesothelioma is a rare but fatal illness that is caused by exposure to asbestos. Asbestos used to be widely utilized in a variety of consumer and industrial products including baby powder. In talcum-powder lawsuits, plaintiffs claim that exposure to asbestos through inhalation of the powder caused them to develop mesothelioma or other health problems.
J&J was allegedly aware of 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. These lawsuits have been consolidated into state and federal multidistrict litigations, also known as MDLs.
In 2018 one of the biggest talc cases led to a $4.7 billion settlement in favor of the plaintiff. It was a national news story and set the stage for the rest. In the last month, a judge ruled against a motion by J&J to dismiss the lawsuits brought by the state of Mississippi.
J&J however, tried to stop the litigation. LTL Management, a subsidiary of J&J was forced to file for bankruptcy after the company established an entity to take over its obligations. The bankruptcy ended the filing of thousands of talc lawsuits, however, the 3rd Circuit rejected that strategy.
The lawsuits filed by the state of Mississippi are based on the same allegations that were a part of the individual lawsuits brought against J&J: that the company's failure to warn consumers about the dangers of ovarian cancer resulting from 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 another bankruptcy court. A hearing has been 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 any other condition which could be caused by talcum powder, you should seek legal representation immediately. Our lawyers are experienced and will assist you in getting the compensation you're entitled to.