Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A man who is 24 years old and has mesothelioma of the pericardium has claimed that Johnson and Johnson's baby powder caused his cancer. The Oakland mesothelioma trial is the first one to be held since J&J separated its Talc business and filed for bankruptcy.
In the early part of the year, substantial settlements were reached in talc suits in New Jersey and California. Plaintiffs blamed their cancer on asbestos in J&J's Shower to Shower and Baby Powder products.
What is Mesothelioma?
Mesothelioma is a lethal form of cancer that affects the mesothelium, or lining around organs and cavities within the body. Topeka mesothelioma lawyer is usually found in the lungs, however it can also be found in the abdomen, the heart and chest cavity as well as testicles. Asbestos is the sole known cause of mesothelioma, and people 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 opened this week, and jurors in Oakland, California were emotional when they heard the testimony of the plaintiff. The plaintiff, who is just 24 years old, was diagnosed with malignant pericardial mesothelioma 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 obfuscating asbestos risks from the public for a number of years. J&J has a history of withholding asbestos findings from regulators and even funding asbestos tests to generate the results it desired. Some of the company's Talcum powder suppliers have been named in these lawsuits, including Whittaker, Clark & Daniels and Imerys Talc America.
Many women who used talcum powder to maintain feminine hygiene in the genital region 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 40 years that the powder could cause ovarian cancer and other diseases, but failed to warn consumers.
Mesothelioma symptoms may include breathing difficulties, constant coughing, fatigue, abdominal pain and lumps or masses on the chest or abdomen. Doctors can diagnose the condition through a physical exam and imaging scans. These could include CT (computer tomography) scans, MRIs and PET or X-rays.
If mesothelioma has been diagnosed patients can undergo chemotherapy, surgery, and/or radiotherapy. Depending on the location of their tumors, surgeons might be able to remove the affected tissue. Patients with mesothelioma may be given a life expectancy less than five years, but aggressive treatments such as extracorporeal Membrane transplant and cytoreduction with hyperthermic intraperitoneal chemotherapy may prolong survival.
What is the cause of Mesothelioma?
Mesothelioma, as with most cancers, is caused by DNA changes in cells. The mutations cause the cells to multiply rapidly and develop tumors in tissues of the body. Asbestos is the most common mesothelioma cause. Asbestos exposure is common in many different industries including manufacturing, mining and transportation. Asbestos is usually exposed for between 20 and 40 years before symptoms appearing. Men are more likely to develop mesothelioma than women. It is also found most often in those between the ages of 50 and 70. The kind of mesothelioma involving asbestos that someone develops is usually determined by where on their body they were exposed. Most people with mesothelioma are diagnosed with pleural mesothelioma, which affects the lung. Some are diagnosed with peritoneal msothelioma. This kind of mesothelioma is affecting the abdomen. Finally, some people are diagnosed with pericardial melanoma, an extremely rare form of the disease that affects the heart's lining (pericardium) and the organ itself.
The symptoms of mesothelioma are shortness of breath, fatigue and abdominal pain, as well as weight loss. In the latter stages of mesothelioma, tumors can grow to other areas that cause severe discomfort and discomfort. Other signs of mesothelioma can include fluid in the lung, a loss of appetite and difficulty swallowing and eating. Mesothelioma can be fatal.
The talcum powder trial in Oakland involved a man aged 24 who was diagnosed with pericardial mesothelioma due to the use of J&J baby powder. His lawyers argued that the company knew talc could contain asbestos, but did not warn consumers about it. They also cited a 1998 letter addressed to an J&J executive that revealed the possibility of asbestos in their products.
This is just the latest in a string of high-dollar verdicts against J&J. In March, J&J's Talcum powder caused ovarian mesothelioma in a woman. In the same month, a jury in Missouri awarded $55 million in an identical case. In addition, seven cases were added to the powder's MDL over the course of the month which brought the total number of lawsuits pending to 37,522. The majority of these lawsuits concern women who used J&J's talcum powder for feminine hygiene reasons.
How do I know whether I have mesothelioma or not?
A diagnosis of mesothelioma can be devastating. Patients should always see an expert for the most accurate information available and avoid misdiagnosis that could lead to unneeded treatment and let cancer grow.
A physical exam and blood sample can help identify mesothelioma symptoms. These tests can check for asbestos fibers in blood or to look at how well a patient's organs are functioning. The most accurate method to diagnose mesothelioma is a biopsy. Doctors extract tissues or fluids from an affected area, and then look at them under a microscope for mesothelioma tumor cells.
The type of mesothelioma a sufferer has also impacts the likelihood of a positive outcome. Pleural mesothelioma, that forms 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 of the abdomen is a less prevalent type. Finally, pericardial mesothelioma, an uncommon type that develops in the lining of the heart, is much rarer and only represents about 1percent of cases.
Some of the first symptoms include a shortness of breath which gets worse with time and a coughing up of blood. Asbestos patients can also experience fluid accumulation within the chest cavity. This condition is called the pleural effusion. It can be eliminated by inserting a needle in the affected region of the chest cavity. In more severe cases, doctors may opt to perform pleurodesis, an operation that seals the cavity to stop fluid from accumulating again within the pleura.
A precise mesothelioma diagnosis is the best way to determine the patient's treatment options and the survival rate. Chemotherapy, surgery and radiation are all options. Other options include immunotherapy, a kind of treatment that increases the immune system to fight mesothelioma tumors and tumor-removing fields, which use a magnetic field to eliminate cancerous cells.
A mesothelioma specialist can help patients understand different mesothelioma cells, which determine the extent of the cancer as well as the patient's outlook. Patients should discuss their experience of exposure to asbestos with their doctor to determine if they are a mesothelioma candidate and learn about the various types of treatment might be available to them.
How Can I get help?
If you used Johnson & Johnson talcum and developed ovarian or other illnesses like mesothelioma as a result of using the talcum powder, you could be eligible for significant compensation. Contact us today for an absolutely free assessment of your case. We can assist you with filing mesothelioma claims against J&J and hold them accountable for their negligence.
Mesothelioma is a rare but fatal illness that is caused by asbestos exposure. Asbestos was utilized in a variety of industrial and consumer 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 issues.
J&J believed to have known about the risk of asbestos and talcum powder for decades but failed to warn consumers. Plaintiffs have filed lawsuits seeking punitive damages as well as compensatory damages against J&J. These lawsuits have been amalgamated into federal and state multidistrict litigations, or MDLs.
In 2018 one of the first major Talc trials ended in a $4.7 billion settlement for the plaintiff. It was a national news story and set the tone for the rest of the year. Last month, a court denied J&J's motion to dismiss the lawsuits brought by the state.
However, in an effort to halt the litigation, J&J tried again. The company created an entity that was a subsidiary to take over its talc liabilities, and LTL Management filed for bankruptcy. The bankruptcy stopped the filing of thousands of talc lawsuits, however, the 3rd Circuit rejected that strategy.
The lawsuits brought 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 consumers about the dangers of ovarian cancer from the 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 to decide whether the lawsuits against J&J will be allowed to move forward. If you or someone you know has been diagnosed with mesothelioma or another condition that could have been caused by talcum powder you should seek legal advice immediately. Our skilled lawyers can assist you in obtaining the compensation you're entitled to.