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 is the first trial to be held since J&J filed for bankruptcy and split off its Talc division.
In the first quarter of this year, large settlements were made 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, which is a fatal type of cancer, affects the mesothelium or the lining surrounding organs and cavities within the body. It is most often found in the lungs, but it can also occur in the abdomen, heart and chest cavity, as well as the testicles. Asbestos is the most well-known cause of mesothelioma, and people who have been exposed to asbestos are at a higher risk of developing this disease.
The first trial following J&J declared bankruptcy on its talcum-powder division began in Oakland, California this week. Jurors were moved by the story of the plaintiff. In 2022, the plaintiff, who was only 24 years old at the time, old at the time was diagnosed with malignant mesothelioma in the pericardium. He attributed his illness to childhood use of Johnson & Johnson baby powder. The jury awarded him $25 million.
J&J has been accused of obfuscating asbestos risks from consumers for a number of years. J&J has a history of obstructing asbestos research from regulators and funding asbestos tests to generate the results it wanted. The lawsuits have identified a number of the talcum-powder suppliers for the company which include Whittaker Clark & Daniels, Imerys Talc America, and others.
Some women who used talcum for feminine hygiene on pads or condoms, or in the genital area have developed ovarian and mesothelioma. The lawsuits assert that J&J was aware for more than 40 years that the powder could cause ovarian cancer as well as other diseases, but failed to warn consumers.
Mesothelioma symptoms include abdominal pain, abdominal lumps, abdominal swelling and a persistent cough. Doctors can detect mesothelioma with an examination and imaging scans. They can include CT (computer tomography) scans, MRIs and PET or X-rays.
After a mesothelioma is diagnosed patients can undergo chemotherapy, surgery, or radiotherapy. Depending on the site of their tumors, surgeons may be able remove the affected tissue. Some patients with mesothelioma have a lifespan less than five. However aggressive treatments like extracorporeal tissue transplantation and the cytoreduction process using hyperthermic intraperitoneal chemotherapy can prolong survival.
What Causes Mesothelioma?
Like all cancers, mesothelioma develops by DNA mutations. These mutations lead to uncontrolled cell growth that creates tumors in the tissues. Asbestos is the most common cause of mesothelioma. Asbestos exposure can be found in a variety of industries such as manufacturing, mining, and transportation. Asbestos is typically exposed between 20 and 40 years before symptoms developing. Mesothelioma is more prevalent in men than women, and is most commonly diagnosed in people in their 50s to 70s. The kind of mesothelioma involving asbestos that a person develops is often determined by the place they were exposed. Most people with mesothelioma are diagnosed with pleural mesothelioma which affects the lung. Other patients are diagnosed with peritoneal mesothelioma. This kind of mesothelioma affects the abdomen. Finally, some people 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 late stages of mesothelioma, the tumors may spread to other parts of the body, causing severe pain and discomfort. Other symptoms of mesothelioma include fluid in the lung, a loss of appetite difficulties eating and swallowing. Mesothelioma is a terminal illness, and it can be 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 J&J knew that talc contained asbestos and didn't warn consumers. They also cited a letter from 1998 to a J&J executive that highlighted asbestos could be present in their products.
This is just the latest in a long line of large verdicts against J&J. In March the jury handed down $18.8 million to a woman who developed mesothelioma ovarian from J&J's talcum powder, and last month, a jury in Missouri awarded $55 million in another case that dealt with the same issue. Seven new cases have been added to the MDL talcum-powder in the last month, which brings the total to 37,522 the total number of pending suits. The majority of these lawsuits concern women who have used J&J's talcum powder for feminine hygiene purposes.
How do I know If I Have Mesothelioma?
A diagnosis of mesothelioma can be devastating. Patients should always see a specialist to get the most accurate diagnosis possible and avoid misdiagnosis which could lead to unneeded treatment and let cancer grow.
A physical examination and blood test could be a good start to identify whether mesothelioma has caused symptoms. These tests can detect asbestos fibers in blood or to determine the way in which the organs of a patient are functioning. The most precise method to diagnose mesothelioma is a biopsy. Doctors take tissue or fluids from the affected area and then examine them under a microscope for mesothelioma cancerous cells.
The type of mesothelioma a person has also affects the likelihood of a positive outcome. South Gate mesothelioma attorney that develops in the thin lining of the lungs, is the frequent form of the disease and accounts for the vast majority of cases diagnosed. Peritoneal mesothelioma, which is a cancer that develops in the abdomen's lining, is less common. Finally, pericardial mesothelioma, an uncommon type that develops in the lining of the heart, is much less common and makes up approximately 1percent of cases.
The first signs include breathlessness that becomes worse over time, and then coughing up blood. Asbestos patients may also experience fluid accumulation within the chest cavity. This condition is called pleural effusion. The fluid can be drained 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 the rate of survival for a patient and treatment options. Treatment options include chemotherapy, surgery, and radiation are all options. Other options include immunotherapy, which enhances the immune system to fight mesothelioma and tumor treating fields that use the power of magnets to kill cancerous cell.
A specialized mesothelioma specialist can also assist patients in understanding the various mesothelioma types, which determine how aggressive the cancer is and what the patient's prognosis is. Patients should discuss with their doctor their experience with asbestos exposure to determine if mesothelioma is possible and what treatment options are available.
How Can I get help?
If you've used Johnson & Johnson talcum powder and then developed ovarian cancer, or another disease such as mesothelioma, you may be eligible for substantial compensation. Contact us today for a no-cost, non- obligation case assessment. We can assist you with bringing a mesothelioma suit against J&J to ensure that they are held accountable for their negligence.
Mesothelioma is an uncommon and fatal illness caused by asbestos exposure is a rare disease. Asbestos was widely used in a variety of industrial and consumer products like baby powder. In talcum-powder cases plaintiffs assert that exposure to asbestos through inhalation of the powder caused them to develop mesothelioma or other health problems.
J&J failed to inform the public about the dangers of asbestos and talcum, despite knowing them for many years. Plaintiffs have filed lawsuits seeking punitive damages and compensatory damages against the company. These lawsuits have been amalgamated into federal and state multidistrict litigations, or MDLs.
In 2018, one of the first large talc trials resulted in a $4.7 billion settlement for the plaintiff. The news made headlines across the country and set a tone for the remainder of the litigation. Last month, a court denied J&J's motion to dismiss the lawsuits brought by the state.
However, in an effort to halt the lawsuit, J&J tried again. LTL Management, a subsidiary of J&J was forced to file for bankruptcy after the company established a new entity to assume its liabilities. The bankruptcy was able to halt 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 which allege that the company's failure to warn of the dangers of ovarian cancer resulting from talcum powder was negligent, and constituted violations of the law of the state.
J&J has submitted its motion to dismiss lawsuits to another bankruptcy court. A hearing has been scheduled for June to determine whether the lawsuits against J&J will be allowed to move forward. If you or someone you know has been diagnosed with mesothelioma or other disease that could be caused by talcum powder, you should seek legal advice immediately. Our skilled lawyers can help you receive justice you deserve.