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Hougaard Grimes posted an update 2 years, 10 months ago
Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A man who is 24 years old and has mesothelioma pericardial has claimed that Johnson & Johnson’s baby powder caused 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.
Earlier this year, jury awards in New Jersey and California led to big settlements in talc-related lawsuits. Plaintiffs linked cancer to asbestos that was found in J&J products Shower to Shower and baby powder.
What is Mesothelioma?
Mesothelioma, a deadly form of cancer that affects the mesothelium, or lining around organs and cavities inside the body. It is most prevalent in the lungs but can be located in the abdomen and chest cavity. Asbestos is the most well-known mesothelioma-related cause, and people 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 as they listened to the plaintiff’s story. The plaintiff, who is just 24 years old was diagnosed with malignant pericardial mesothelioma in 2022. He blamed his condition on the use of Johnson & Johnson baby powder. The jury awarded him $26 million.
J&J is accused of hiding asbestos risks from consumers for several decades. The company has a long history of keeping asbestos information from regulators, and paying for asbestos tests that produced the results they wanted. A number of the company’s talcum powder suppliers have been named in these lawsuits and include Whittaker, Clark & Daniels and Imerys Talc America.
Women who used talcum for feminine hygiene on sanitary pads or condoms as well as in the genital region have been diagnosed with mesothelioma and ovarian cancer. The lawsuits claim that J&J knew for more than 40 years that using the powder led to ovarian cancer and mesothelioma, but did not warn consumers of the risk.
Mesothelioma symptoms 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 exam and imaging scans. These may include CT (computer tomography) scans, MRIs and PET or X-rays.
When a mesothelioma diagnosis is confirmed, patients may undergo chemotherapy, surgery and/or radiation. The surgeons can remove affected tissue depending on the location of the tumors. Some patients with mesothelioma have a lifespan less than five. However, aggressive treatments such as extracorporeal tissue transplantation and chemotherapy for cytoreduction that uses hyperthermic intraperitoneal therapy can prolong the life of patients.
What causes Mesothelioma?
Like all cancers, mesothelioma occurs by DNA mutations. These mutations can cause uncontrolled cell growth that creates tumors in the tissues. Asbestos is the leading cause of mesothelioma. Asbestos exposure can occur in a variety of industries, including manufacturing, mining, and transportation. Asbestos exposure is typically seen 20 to 40 years prior to the time symptoms appear. Mesothelioma is more prevalent in men than women, and is most often diagnosed in those in their 50s and 70s. The type of mesothelioma a sufferer is usually determined by the area of their body where they were exposed to asbestos. Most people with mesothelioma are diagnosed with pleural melanoma, which affects the lungs. Others are diagnosed as having peritoneal msothelioma. This type of mesothelioma affects the abdomen. Certain people are diagnosed with pericardial mesothelioma. This is an extremely rare form of cancer that affects both the lining (pericardium) and the organ itself.
Shortness of breath, fatigue and abdominal pain are all symptoms of mesothelioma. In the final stages of mesothelioma tumors may spread to other areas of the body creating severe pain and discomfort. Other symptoms of mesothelioma include fluid in the lungs, loss of appetite difficulties eating and swallowing. Mesothelioma can be fatal.
The talcum powder trial in Oakland involved a man of 24 who developed pericardial mesothelioma from the use of J&J baby powder. His lawyers argued that J&J knew that talc contained asbestos but did not inform customers. They also cited a 1998 letter addressed to an J&J executive, revealing the possibility of asbestos being in their products.
This is the latest in a long line of large verdicts against J&J. In March, a jury handed down $18.8 million to a woman who was diagnosed with mesothelioma ovarian from J&J’s talcum powder. Then, last month, a jury in Missouri awarded $55 million in another case involving the same issue. In addition, seven cases were added to the powder talcum MDL over the last month which brought the number of pending lawsuits to 37,522. The majority of these lawsuits involve women who used J&J’s talcum powder for feminine hygiene purposes.
How Can I Tell If I Have Mesothelioma?
A diagnosis of mesothelioma could be devastating. Patients should consult a specialist to get the most accurate diagnosis possible and avoid misdiagnosis that could lead to unneeded treatment or allow cancer to expand further.
A physical exam and a blood sample can help to identify mesothelioma-related symptoms. These tests can be used to determine asbestos fibers in blood or to determine how well a patient’s organs are functioning. The most precise method to identify mesothelioma is with a biopsy, where doctors remove fluid or tissue from the affected area and examine the area under a microscope to detect mesothelioma-related cells.
The type of mesothelioma that sufferers have can affect his or her prognosis. Pleural mesothelioma is by far the most prevalent type of disease, and accounts for the majority of cases that are diagnosed. Peritoneal mesothelioma, a cancer that is found in the lining of the abdomen is not as common. In addition, pericardial mesothelioma is a rare type that is found in the lining of the heart. It is only one percent of all cases.
The first signs include breathlessness which gets worse with time and a coughing up of blood. Asbestos patients may also experience fluid accumulation within the chest cavity. This is known as the pleural effusion. The fluid can be eliminated from the chest cavity by inserting a needle into the affected area. In more severe cases, doctors might perform pleurodesis. This is a procedure that seals the cavity to prevent the fluid from accumulating in the pleura.
A precise mesothelioma diagnosis is the best way to determine the patient’s treatment options and the survival rate. Surgery, chemotherapy and radiation are all options. Other options include immunotherapy which enhances the immune system to fight mesothelioma and cancer treating fields that employ a magnetic field in order to kill cancerous cells.
A specialist in mesothelioma can help patients understand the different mesothelioma cell types, which determine how aggressive the cancer is and what the prognosis of the patient is. Patients should discuss with their physician their experience with asbestos exposure to determine if mesothelioma is a possibility and what treatment options are available.
How Can I get help?
If you have used Johnson & Johnson talcum powder and have been diagnosed with ovarian cancer or another disease such as mesothelioma, you could be eligible for significant compensation. Contact us today to receive an obligation-free, no-cost case evaluation. We can help you file mesothelioma claims against J&J and make them accountable for their actions.
Mesothelioma is a rare, but fatal illness that is caused by exposure to asbestos. Asbestos used to be widely used in many industrial and consumer products, including baby powder. Plaintiffs in talcum powder lawsuits claim that inhaling talcum powder contributed to their asbestos exposure which led to mesothelioma as well as other health issues.
J&J failed to warn the public about the dangers of asbestos and talcum even though they had been aware of their dangers for many years. Plaintiffs have filed mesothelioma lawsuits against the company seeking punitive and compensatory damages. These lawsuits have been consolidated in state and federal multidistrict litigations, or MDLs.
In 2018 one of the biggest talc cases resulted in an $4.7 billion verdict in favor of the plaintiff. This was a national news story and set the precedent 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, filed for bankruptcy after the company created a new entity to assume its liabilities. please click the next post stopped thousands of talc suits, but the 3rd Circuit rejected that strategy.
The lawsuits filed by Mississippi are based upon the same allegations as those of the individual lawsuits brought against J&J. They assert that the company acted negligently in not warning of the risk of ovarian carcinoma from talcum powder and that this resulted in a violation of state law.
J&J has resubmitted its motion to dismiss the lawsuits to a different bankruptcy court. A hearing is scheduled for June in order to determine whether the lawsuits against J&J are able to be pursued. If you or someone near you has been diagnosed with mesothelioma or any other condition that could be the result of talcum powder. You should seek legal counsel immediately. Our experienced attorneys can assist you in obtaining the justice you deserve.
