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 trial is the first trial to be held since J&J filed for bankruptcy and spun off its Talc division.
In the first quarter of this year, large settlements were made in talc cases in New Jersey and California. Plaintiffs linked their cancer to asbestos in J&J's Shower Baby and Shower Powder products.
What is Mesothelioma?
Mesothelioma can be a deadly form of cancer that affects mesothelium or lining that surrounds organs and body cavities. It is most often found in the lungs but it can also occur in the abdomen, heart and chest cavity as well as testicles. Asbestos, the only known cause of this disease is asbestos. People who have been exposed are at a higher risk of developing it.
The first trial since J&J declared its talcum powder division bankrupt opened this week, and jurors in Oakland, California were emotional as they listened to 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 childhood use Johnson & Johnson Baby Powder. The jury awarded him $25 million.
J&J is accused of hiding asbestos-related risks from consumers for many years. The company has a long tradition of hiding asbestos information from regulators, and paying for asbestos tests that gave the results they wanted. These lawsuits have identified several of the talcum-powder suppliers for the company, including Whittaker Clark & Daniels, Imerys Talc America, and others.
Many women who used talcum powder to maintain feminine hygiene in the genital area or on sanitary napkins or condoms have been diagnosed with cancer of the ovary, and a few have been diagnosed with mesothelioma. The lawsuits assert that J&J knew for more than 40 years that the powder could cause mesothelioma and ovarian cancer but failed to warn customers of this risk.
Mesothelioma symptoms include breathing difficulties, constant coughing abdominal pain, fatigue, and lumps or masses on the abdomen or chest. Doctors can identify the disease by a physical examination and imaging scans. These include CT scans (computer tomography), MRIs, PET or X rays.
Once a mesothelioma diagnosis is confirmed, patients can undergo chemotherapy, surgery, or radiation. Depending on the site of their tumors, surgeons may be able remove the affected tissue. Certain patients with mesothelioma have a lifespan less than five. However aggressive treatments like extracorporeal tissue transplantation or cytoreduction using hyperthermic intraperitoneal chemotherapy can prolong survival.
What causes Mesothelioma?
Like all cancers, mesothelioma is caused by DNA mutations. These mutations cause uncontrolled growth of cells, which causes tumors to form in tissues. Asbestos is the most frequent mesothelioma-related cause. Asbestos exposure can be found in many different industries including mining, manufacturing and transportation. Asbestos is typically exposed 20 to 40 years before symptoms developing. Mesothelioma affects men more than women, and is most often diagnosed in people in their 50s to 70s. The type of asbestos-related mesothelioma that someone develops is often determined by the location they were exposed. The majority of mesothelioma patients are diagnosed with pleural msothelioma, which affects the lung. Other patients are diagnosed with peritoneal msothelioma. This type of mesothelioma affects the abdomen. Additionally, some patients are diagnosed with pericardial mesothelioma, an extremely 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 stages of mesothelioma, the tumors can spread to other parts that cause severe discomfort and pain. Other symptoms of mesothelioma include fluid in the lung, a loss of appetite difficulties eating and swallowing. Mesothelioma can be fatal.
The talcum powder trial in Oakland involved a man of 24 who was diagnosed with pericardial cancer due to the use of J&J baby powder. Las Vegas mesothelioma attorneys argued the company knew that talc was contaminated with asbestos, but did not warn consumers. They also cited a 1998 letter to an J&J executive, revealing the possibility of asbestos being present in their products.
This is only the latest in a long line of large 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 handed down $55 million in a similar case. In addition, seven cases were added to the powder talcum MDL over the course of the month and brought the number of lawsuits pending to 37,522. Most of these lawsuits were filed by women who have used J&J talcum powder to maintain their feminine hygiene.
How Can I Tell If I Have Mesothelioma?
The diagnosis of mesothelioma could be devastating. Patients should always consult a specialist to ensure the most accurate diagnosis and to prevent misdiagnosis, which could lead to unneeded treatment and spread of cancer.
A physical examination and a blood sample can aid in identifying mesothelioma symptoms. These tests can check for asbestos fibers in blood or to look at the way in which the organs of a patient are functioning. The most precise method of diagnosing mesothelioma involves taking a biopsy. Doctors extract tissues or fluids from the affected area, and then look at them under a microscope to look for mesothelioma cancer cells.
The type of mesothelioma that a person is suffering from also affects the prognosis of their patient. Pleural mesothelioma that develops in the thin lining that surrounds the lung, is the most frequent form of the disease and accounts for the majority of diagnosed cases. Peritoneal mesothelioma, which is a cancer that develops in the abdomen's lining is less prevalent. In addition, pericardial mesothelioma which is an uncommon type that develops in the lining of the heart, is much less common and makes up approximately 1% of cases.
Shortness of breath, which gets worse with time, and a bloody cough are among the first symptoms. Asbestos patients can also experience fluid accumulation within the chest cavity. This condition is called the pleural effusion. The fluid can be eliminated from the chest cavity by inserting a needle into the affected region. In more severe cases, doctors might perform a procedure called pleurodesis to close the space to prevent reaccumulation of fluid in the pleura.
A reliable diagnosis of mesothelioma is crucial to determine a patient's survival rate and treatment options. There are a variety of options for treatment which include chemotherapy, surgery and radiation. Other options include immunotherapy, which increases the immune system to fight mesothelioma and treatment fields for tumors that utilize magnetic fields 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 doctor their experiences with asbestos exposure to determine if mesothelioma is an option and what treatment options are available.
How Can I Get Help?
If you have used Johnson & Johnson talcum and developed ovarian or other illnesses like mesothelioma as a result of using the powder, you may be eligible for significant compensation. Contact us today for an obligation-free, no-cost consultation. We can help you bring mesothelioma lawsuit against J&J to hold them accountable for negligence.
Mesothelioma is an uncommon and fatal illness caused by asbestos exposure, is a rare disease. Asbestos used to be widely utilized in a variety of industrial and consumer products like baby powder. Plaintiffs in talcum powder lawsuits claim that inhaling talcum powder contributed to their asbestos exposure, which contributed to mesothelioma and various 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 decades. Plaintiffs have filed mesothelioma lawsuits against the company seeking compensatory and punitive damages. These claims have been amalgamated into federal and state multidistrict litigations, or MDLs.
In 2018, one of the largest talc cases led to a $4.7 billion settlement in favor of the plaintiff. This was a major news story and set the tone for the remainder of the litigation. Last month, a judge denied a motion by J&J to dismiss the lawsuits filed by the state of Mississippi.
However, in an effort to derail the lawsuit, J&J tried again. LTL Management, a subsidiary of J&J was forced to file for bankruptcy after the company created a new entity to assume its liabilities. The bankruptcy stopped the filing of thousands of talc lawsuits, but the 3rd Circuit rejected that strategy.
The lawsuits filed by the state of Mississippi are founded on the same allegations that were a part of the individual lawsuits filed against J&J which allege that the company's failure to warn of the dangers of ovarian cancer caused by talcum powder was negligent, and violated the law of the state.
J&J has filed a 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 a mesothelioma or other disease that could have been caused by talcum powder, you should seek legal advice immediately. Our skilled lawyers will assist you in getting the compensation you deserve.