Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A 24-year-old man with pericardial mesothelioma has alleged Johnson and Johnson's baby powder was responsible for his cancer. The Oakland mesothelioma trial is the first trial to take place since J&J separated its Talc business and filed for bankruptcy.
Earlier this year, jury awards in New Jersey and California led to big settlements in talc-related lawsuits. Plaintiffs attributed cancer to asbestos that was found 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 usually found in the lungs, however it can also be found in the abdomen, heart and chest cavity, as well as the testicles. Asbestos, the only known cause of this disease, is asbestos. People who have been exposed are at an increased chance of developing it.
The first trial following J&J declared bankruptcy on its talcum powder division opened in Oakland, California this week. Jurors were inspired by the story of the plaintiff. In 2022, the plaintiff, who was just 24 years old at the time, old at the time, was diagnosed with malignant mesothelioma in the pericardium. He blamed the cause of his condition to his childhood use Johnson & Johnson Baby Powder. The jury awarded him $25 million.
J&J has been accused of hiding asbestos-related risks from consumers for decades. The company has a long tradition of concealing asbestos-related information from regulators, as well as paying for asbestos tests that produced the results they 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 to maintain feminine hygiene in the genital areas or on sanitary napkins, or condoms have gotten an ovarian cancer and some have been diagnosed with mesothelioma. The lawsuits claim that J&J was aware for more than forty years that the powder could cause ovarian cancer and other illnesses, but failed to warn consumers.
Mesothelioma symptoms include abdominal pain and abdominal lumps, abdominal swelling and a persistent cough. Doctors can diagnose mesothelioma through physical examination and imaging scans. They can include CT (computer tomography) scans, MRIs and PET or X-rays.
If a mesothelioma diagnosis has been confirmed, patients may undergo chemotherapy, surgery and/or radiation. The surgeons can remove affected tissue based on the location of the tumors. Patients with mesothelioma are sometimes given an expected life expectancy of less than five years, however aggressive treatments such as extracorporeal membrane transplant and cytoreduction by hyperthermic intraperitoneal chemotherapy can prolong the duration of their survival.
What is the cause of Mesothelioma?
Mesothelioma, like most cancers is caused by DNA mutations in a cell. These mutations cause cells to multiply uncontrollably and form tumors in the tissues of the body. Asbestos is a common cause of mesothelioma. Asbestos exposure can occur at work in many different industries such as mining, manufacturing, construction and transportation. Asbestos exposure typically occurs in the 20 to 40 years preceding symptoms develop. Men are more likely to develop mesothelioma compared to women. It is also most often diagnosed in people between the ages of 50 and 70. The kind of mesothelioma caused by asbestos that someone develops is usually determined by the place they were exposed. Most people with mesothelioma are diagnosed with pleural melanoma, which affects the lung. Other patients are diagnosed with peritoneal melanoma, a type of mesothelioma that affects the abdomen. Finally, some people are diagnosed with pericardial melanoma, the most rare form of the disease that affects the lining of the heart (pericardium) and the organ itself.
Mesothelioma symptoms include shortness of breath, fatigue abdominal pain and weight loss. In the later mesothelioma stages, the tumors can spread to different areas of the body, causing severe discomfort and pain. Other symptoms that are common to mesothelioma are fluid on the lung (pleural effusion) loss of appetite, difficulties swallowing and a blockage in the small intestine, referred to as a bowel obstruction. Mesothelioma is a debilitating illness, and it is often fatal.
The talcum powder trial in Oakland involved a man aged 24 who was diagnosed with pericardial cancer due to the use of J&J baby powder. His lawyers argued that J&J knew that talc contained asbestos, but did not warn consumers about it. They also cited a 1998 letter to an J&J executive that revealed the possibility of asbestos in their products.
This is just the latest in a long line 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, New Rochelle mesothelioma lawsuit in Missouri awarded $55 million in another case involving the same issue. Seven new cases have been added to the MDL talcum-powder in the last month, bringing to 37,522 the number of lawsuits in the process. The majority of these lawsuits are brought by women who have used J&J talcum powder to maintain feminine hygiene.
How do I know if I have mesothelioma or not?
The diagnosis of mesothelioma could be devastating. Patients should consult a specialist to get the most accurate information possible and prevent misdiagnosis that could result in unneeded treatment and let cancer spread more.
A physical examination and a blood sample can aid in identifying mesothelioma-related symptoms. These tests can be used to check for asbestos fibers in blood or the health of the patient's internal organs. The most accurate way to determine if mesothelioma has been detected is through 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 is present in a patient can influence their prognosis. Pleural mesothelioma, that forms in the thin lining of the lung, is the most common form of mesothelioma and makes up the majority of diagnosed cases. Peritoneal cancer, which forms in the lining surrounding the abdomen is a less well-known type. The pericardial msothelioma, in turn, is a rare form of cancer that occurs in the lining the heart. It only accounts for 1% of all cases.
Shortness of breath, which gets worse with time, and a bloody cough are a few of the initial symptoms. Asbestos patients can also experience fluid accumulation in the chest cavity. This is known as Pleural effusion. It can be removed by inserting a needle into the affected area of the chest cavity. In more serious cases, doctors can use a procedure known as pleurodesis, which seals the area to prevent reaccumulation of fluid in the pleura.
Making sure that mesothelioma is diagnosed correctly is the best way to determine a patient's treatment options as well as their survival rate. Treatment options include chemotherapy, surgery and radiation are all options. Other options include immunotherapy, which increases the immune system to fight mesothelioma and treatment fields for tumors that utilize the power of magnets to kill cancerous cells.
A mesothelioma specialist may also assist patients in understanding the different mesothelioma cells that determine the extent of the cancer and the outlook for patients. Patients should discuss their experience of exposure to asbestos with their physician to determine if they are mesothelioma-related and discover what kinds of treatment options are available to them.
How Can I get help?
If you've used Johnson & Johnson talcum and you developed an ovarian disease or another like mesothelioma after using the talcum powder, you could be entitled to a substantial amount of compensation. Contact us today for an absolutely free consultation. We can assist you in filing a mesothelioma lawsuit against J&J and make J&J accountable for their wrongful conduct.
Mesothelioma is a rare but fatal disease caused by asbestos exposure. Asbestos was once widely used in a variety of industrial and consumer products including baby powder. In talcum-powder lawsuits plaintiffs assert that exposure to asbestos through inhalation of the powder caused them to develop mesothelioma and other health issues.
J&J failed to inform the public about the dangers of asbestos and talcum even though they were aware of them for many years. Plaintiffs have filed mesothelioma lawsuits against the firm seeking damages for punitive and compensatory. These lawsuits have been combined into federal and state multidistrict litigations, or MDLs.
In 2018, one of the largest talc trials resulted in a $4.7 billion verdict for the plaintiff. This was a national news story and set the stage for the rest of the year. Last month, a court denied J&J's motion to dismiss the lawsuits filed by the state.
J&J, however, tried again to stall the litigation. LTL Management, a subsidiary of J&J has filed for bankruptcy after the company created an entity that would take on its obligations. The bankruptcy stopped thousands of talc lawsuits but the 3rd Circuit rejected this strategy.
The lawsuits filed by the state of Mississippi are built on the same allegations as the individual lawsuits filed against J&J: that the company's inability to warn of the dangers of ovarian cancer from talcum powder was negligent and constituted violations of state law.
J&J has submitted its motion to dismiss lawsuits before a different bankruptcy court. A hearing is scheduled for June in order to determine if the lawsuits against J&J can continue. If you or someone close to you has been diagnosed with mesothelioma or another condition that could have been caused by talcum powder. You should seek legal counsel immediately. Our skilled lawyers will assist you in getting the compensation you're entitled to.