Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A 24-year-old with pericardial msothelioma claims that Johnson & Johnson baby powder is the cause of his cancer. The Oakland mesothelioma case marks the first trial to be held since J&J filed for bankruptcy and split off its talc division.
Earlier this year, jury awards in New Jersey and California led to large settlements in talc-related lawsuits. Plaintiffs blamed their cancer on asbestos in J&J's Shower to Shower and Baby Powder products.
What is Mesothelioma?
Mesothelioma, which is a fatal type of cancer that affects the mesothelium, or the lining surrounding organs and cavities inside the body. It is usually found in the lungs but it can also be found in the abdomen, heart, chest cavity and testicles. Asbestos, the only known cause of this illness, is asbestos. Escondido mesothelioma attorneys who have been exposed are at an increased risk of developing it.
The first trial since J&J declared its Talcum Powder division bankrupt began this week and jurors in Oakland, California were emotional as they heard the testimony 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 of the pericardium. He attributed the reason for his illness to his early use of Johnson & Johnson Baby Powder. The jury awarded him $25 million.
J&J has been accused of concealing asbestos risks from consumers since many years. The company has a long tradition of hiding asbestos information from regulators, as well as paying for asbestos tests that gave the results they wanted. These lawsuits have named several of the company's talcum-powder suppliers such as Whittaker Clark & Daniels, Imerys Talc America, and others.
Many women who used talcum powder for feminine hygiene in the genital region or on sanitary napkins or condoms have been diagnosed with 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 problems, chronic coughing, abdominal pain, fatigue and lumps or masses on the chest or abdomen. Doctors can diagnose the disease through a physical exam and imaging scans. These include CT scans (computer tomography), MRIs, PET or X rays.
When a mesothelioma diagnosis is confirmed, patients may undergo surgery, chemotherapy and/or radiation. Depending on the location of their tumors surgeons may be able remove the affected tissue. Patients with mesothelioma may have a life expectancy less than five. However, aggressive treatments such as extracorporeal transplantation of tissue and cytoreduction using hyperthermic intraperitoneal chemotherapy can prolong the duration of survival.
What is the cause of Mesothelioma?
Mesothelioma, like most cancers is caused by DNA mutations within a cell. These mutations cause the cells to multiply uncontrollably and develop tumors in tissues of the body. Asbestos is the leading mesothelioma cause. The exposure to asbestos can occur at work in a variety of fields such as mining, manufacturing construction, and transportation. Asbestos exposure is typically seen 20 to 40 years before symptoms develop. Mesothelioma is more prevalent in men than women, and is most commonly diagnosed in those in their 50s to 70s. The type of mesothelioma that a person is usually determined by the part of their body in which they were exposed to asbestos. The majority of people diagnosed with mesothelioma are diagnosed with pleural mesothelioma which affects the lung. Others are diagnosed as having peritoneal msothelioma. This kind of mesothelioma affects the abdomen. Some patients are diagnosed with pericardial msothelioma. This is a rare form of cancer that affects both the lining (pericardium) as well as the organ itself.
Insomnia as well as abdominal pain and fatigue are all symptoms of mesothelioma. In the later mesothelioma stages, the tumors may spread to other areas of the body which can cause severe discomfort and pain. Other symptoms that are common to mesothelioma include swelling of the lungs (pleural effusion), loss of appetite, difficulties swallowing and a blockage in the small intestine referred to as a obstruction of the bowel. Mesothelioma is a debilitating illness, and it is usually fatal.
The talcum-powder trial in Oakland involved an individual of 24 years old who developed pericardial msothelioma after using J&J baby powder. His lawyers claimed that J&J knew that talc was contaminated with asbestos, but didn't warn customers. They also cited a letter in 1998 to an J&J executive which revealed asbestos could be present in their products.
This is only the latest in a long line of high-dollar verdicts against J&J. In March the jury handed down $18.8 million to a woman who was diagnosed with mesothelioma of the ovarian tract from J&J's powder. Last month the jury in Missouri awarded $55 million in a different case involving the same issue. Seven new cases have been added to the MDL talcum powder over the last month, which brings the total to 37,522 the total number of lawsuits in the process. The majority of these lawsuits involve women who used J&J's talcum powder for feminine hygiene purposes.
How can I tell whether I have mesothelioma or not?
A diagnosis of mesothelioma is devastating. Patients should consult a specialist to get the most accurate information possible and avoid misdiagnosis that could result in unneeded treatment and let cancer spread more.
A physical exam and a blood test could be an effective way to determine whether mesothelioma may be causing symptoms. These tests can detect the presence of asbestos fibers in blood or to assess the extent to which a patient's organs are functioning. The most reliable method to identify mesothelioma is with biopsy, which is when doctors remove fluid or tissue from the affected area and then examine it under a microscope to search for mesothelioma cancer cells.
The type of mesothelioma a person has also affects the prognosis of their patient. Pleural mesothelioma, that forms in the thin lining of the lungs, is the common form of mesothelioma and accounts for the vast majority of diagnosed cases. Peritoneal mesothelioma is a type of cancer that forms in the abdomen's lining is less prevalent. In addition, pericardial mesothelioma which is a rare type of cancer that develops in the lining of the heart, is more rare and only represents about 1percent of cases.
Some of the first symptoms include shortness of breath that becomes worse over time and a coughing up of blood. Asbestos sufferers may also experience fluid accumulation in the chest cavity. This is known as the pleural effusion. This can be drained by inserting a needle in the affected region of the chest cavity. In more severe cases, doctors may opt to perform pleurodesis, which is a procedure that seals the space to prevent fluid from accumulating again within the pleura.
A precise mesothelioma diagnosis is the best method to determine a patient's treatment options and survival rate. Surgery, chemotherapy and radiation are all options. There are also immunotherapy treatments that enhances the immune system to fight mesothelioma as well as treatment fields for tumors that utilize the power of magnets to kill cancerous cell.
A mesothelioma specialist can help patients understand different mesothelioma types which determine the extent of the cancer and the outlook of the patient. Patients should discuss their experience of exposure to asbestos with their doctor to determine if they're a mesothelioma candidate and learn about the various types of treatment options are available to them.
How Can I Get Help?
If you used Johnson & Johnson talcum and suffered from ovarian or other diseases like mesothelioma as a result of using the talcum powder, you may be entitled to a substantial amount of compensation. Contact us now to receive a no-cost, no obligation case assessment. We can help you file mesothelioma lawsuits against J&J and hold them accountable for their wrongful conduct.
Mesothelioma is a rare, but fatal disease that is caused by exposure to asbestos. Asbestos was widely used in a variety of consumer and industrial products including baby powder. In talcum-powder cases plaintiffs claim that exposure to asbestos through inhalation of the powder led to the development of mesothelioma or other health problems.
J&J allegedly knew about the dangers of asbestos and talcum powder for decades but failed to warn consumers. Plaintiffs have filed mesothelioma lawsuits against J&J seeking punitive and compensatory damages. These claims have been consolidated in state and federal multidistrict lawsuits, also known as MDLs.
In 2018 one of the biggest talc cases resulted in an $4.7 billion settlement in favor of the plaintiff. This made national headlines and set a tone for the rest of the litigation. Last month, a judge denied a request by J&J to dismiss the lawsuits filed 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 incorporated an entity that would take on its obligations. The bankruptcy ended hundreds of talc suits however, the 3rd Circuit rejected that strategy.
The lawsuits brought by Mississippi are based upon the same allegations of the individual lawsuits filed against J&J. They claim that the company acted negligently in failing to warn consumers of the risk of ovarian carcinoma from talcum-powder and that this resulted in an infraction to the law of the state.
J&J has resubmitted its motion to dismiss the lawsuits to another bankruptcy court. A hearing is scheduled for June in order to determine if 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 have been caused talcum powder. You should seek legal advice as soon as possible. Our experienced attorneys can help you receive compensation that you deserve.