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 is the first trial to be 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 massive settlements in talc lawsuits. Plaintiffs attributed cancer to asbestos found in J&J products Shower to Shower and baby powder.
What is Mesothelioma?
Mesothelioma is a fatal form of cancer that affects the 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, the heart and chest cavity, as well as the testicles. Asbestos is the most well-known mesothelioma-related cause, 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 as they heard the plaintiff's story. The plaintiff, who is only 24 years old was diagnosed with malignant pericardial mesothelioma 2022. He attributed his illness to childhood use of Johnson & Johnson baby powder. The jury awarded him $25 million.
J&J has been accused of concealing asbestos risks from consumers for a long time. The company has a long track record of hiding asbestos information from regulators, and paying for asbestos tests that did not yield the results they wanted. A number of the company's talcum powder suppliers have been named in these lawsuits which include Whittaker, Clark & Daniels and Imerys Talc America.
Many women who used talcum powder for feminine hygiene in the genital region or on sanitary napkins or condoms have developed cancer of the ovary, and a few have been diagnosed with mesothelioma. The lawsuits claim that J&J knew for more than 40 years that the powder led to mesothelioma and ovarian cancer but did not warn consumers of the danger.
Mesothelioma symptoms include abdominal pain and abdominal lumps, abdominal swelling and a persistent cough. 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.
If mesothelioma has been diagnosed patients can undergo surgery, chemotherapy and/or radiotherapy. Depending on the location of their tumors, surgeons may be able remove the affected tissue. Patients with mesothelioma can be given a life expectancy less than five years, but aggressive treatments such as extracorporeal membrane transplant and cytoreduction by hyperthermic intraperitoneal chemotherapy may prolong the life expectancy.
What Causes Mesothelioma?
Like all cancers, mesothelioma occurs when a cell's DNA experiences mutations. These mutations cause uncontrolled growth of cells, which creates tumors in the tissues. Asbestos is the most frequent cause of mesothelioma. Asbestos exposure can occur in a variety of industries such as manufacturing, mining and transportation. Asbestos is typically exposed 20 to 40 years prior to the onset of symptoms appearing. Men are more likely to develop mesothelioma compared to women. It is also diagnosed most often in those between the ages of 50 and 70. The kind of mesothelioma caused by asbestos that a person develops is often determined by where on their body they were exposed. The majority of patients diagnosed with pleural mesothelioma that affects the lung. Others are diagnosed as having peritoneal mesothelioma. This kind of mesothelioma affects the abdomen. Certain people are diagnosed with pericardial mesothelioma. This is a rare type of disease that affects both the inner lining (pericardium) as well as the organ itself.
The symptoms of mesothelioma are shortness of breath, fatigue abdominal pain and weight loss. In the late stages of mesothelioma, the tumors can spread to other areas of the body creating severe pain and discomfort. Other signs of mesothelioma can include fluid in the lungs, loss of appetite, difficulty eating and swallowing. Mesothelioma can be fatal.
The talcum powder trial in Oakland involved a man aged 24 who was diagnosed with pericardial cancer due to the use of J&J baby powder. His lawyers argued that the company knew that talc might contain asbestos, but didn't inform consumers. They also cited a letter in 1998 to an J&J executive that highlighted the possibility of asbestos in their products.
This is only the latest in a long line of major verdicts against J&J. In March, J&J's Talcum powder caused ovarian mesothelioma to a woman. In March, a jury in Missouri handed down $55 million in a similar case. In addition, seven new cases were added to the powder's MDL in the last month which brought the number of lawsuits pending to 37,522. The majority of these lawsuits are filed by women who have used J&J talcum powder to maintain their feminine hygiene.
How Do I Know If I Have Mesothelioma?
A diagnosis of mesothelioma could be devastating. Patients should always consult an expert for the most accurate diagnosis possible and prevent misdiagnosis that could result in unneeded treatment or allow cancer to expand further.
A physical exam and a blood test is an effective way to determine whether mesothelioma has caused symptoms. These tests can be used to determine asbestos fibers in the blood or to look at the extent to which a patient's organs are functioning. The most accurate method of diagnosing mesothelioma is taking a biopsy. Doctors take tissues or fluids from an affected area, and examine them under a microscope for mesothelioma tumor cells.
The type of mesothelioma that a person is suffering from also affects the likelihood of a positive outcome. Pleural mesothelioma, the most common type of the disease, and accounts for the majority of cases that are diagnosed. Peritoneal cancer that develops in the lining surrounding the abdomen is a less well-known type. Lastly, pericardial msothelioma is a rare kind that develops in the lining of the heart. It's only one percent of all cases.
A shortness of breath that is more severe with time, and a bloody cough are among the first symptoms. Asbestos patients might also experience fluid buildup in the chest cavity, which is known as 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 undergo a procedure called pleurodesis to close the space to stop the reaccumulation of fluid in the pleura.
You Tube is crucial to determine the patient's survival rate as well as treatment options. There are a variety of options for treatment, including surgery, chemotherapy and radiation. There are also immunotherapy treatments that enhances the immune system to fight mesothelioma and tumor treating fields that use a magnetic field in order to kill cancerous cells.
A mesothelioma specialist can help patients understand various mesothelioma cell types that determine the severity of the cancer and the outlook for patients. Patients should discuss their experience of asbestos exposure with their doctor to determine if they are mesothelioma-related and discover what kinds of treatment options are available to them.
How Can I Get Help?
If you have used Johnson & Johnson talcum powder and then developed ovarian cancer, or another disease such as mesothelioma, you could be eligible for significant compensation. Contact us today to receive a no-cost, no obligation case evaluation. We can help you bring 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 condition. Asbestos was widely used in many industrial and consumer products like baby powder. The plaintiffs in talcum powder cases claim that inhaling talcum powder led to their exposure to asbestos and subsequently mesothelioma and various other health issues.
J&J was allegedly aware of the dangers of asbestos and talcum powder for a long time, but failed to warn consumers. Plaintiffs have filed mesothelioma lawsuits against the firm 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 led to a $4.7 billion settlement in favor of the plaintiff. This was a major news story and set a tone for the remainder of the litigation. In the last month, a judge denied a motion by J&J to dismiss the lawsuits brought by the state of Mississippi.
In an attempt to halt the lawsuit, J&J tried again. LTL Management, a subsidiary of J&J has filed for bankruptcy after the company established a new entity to assume its liabilities. The bankruptcy stopped thousands of talc lawsuits, however, the 3rd Circuit rejected this strategy.
The lawsuits brought by the state of Mississippi are built on the same allegations that were a part of the individual lawsuits against J&J that claim that the company's inability to warn of the dangers of ovarian cancer from talcum powder was negligent and was a violation of the law of the state.
J&J has submitted 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 will be allowed to proceed. If you or someone around you has been diagnosed with mesothelioma or another condition that could be the result of talcum powder. You must seek legal advice immediately. Our skilled lawyers will assist you in getting the compensation that you deserve.