Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A man who is 24 years old and has pericardial mesothelioma has alleged Johnson and Johnson's baby powder caused his cancer. The Oakland mesothelioma case is the first trial that has been held since J&J filed for bankruptcy and spun off its talc division.
In the spring of this year, jury awards in New Jersey and California led to large settlements in talc lawsuits. Plaintiffs attributed cancer to asbestos found in J&J products Shower to Shower and baby powder.
What is Mesothelioma?
Mesothelioma can be a deadly form of cancer that affects the mesothelium the lining that surrounds organs and body cavities. It is most prevalent in the lungs, but can be located in the abdomen and chest cavity. Asbestos is the only known cause of mesothelioma and those who have been exposed to asbestos are at greater risk of developing this disease.
The first trial since J&J declared bankruptcy on its talcum-powder division began in Oakland, California this week. Jurors were moved by the story of the plaintiff. The plaintiff, who is only 24 years old, was diagnosed with malignant pericardial cancer in 2022. He blamed his condition on 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 many years. The company has a long history of hiding asbestos-related findings from regulators, and even supplying asbestos tests to achieve 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.
Women who used talcum to provide feminine hygiene on pads or condoms, or in the genital region have developed ovarian and mesothelioma. The lawsuits assert that J&J was aware for more than 40 years that the powder could trigger ovarian cancer and other illnesses, but did not take the time to warn consumers.
Mesothelioma symptoms include abdominal pain, abdominal lumps, abdominal swelling and persistent coughing. Doctors can diagnose the disease through a physical examination and imaging scans. These could include CT (computer tomography) scans, MRIs and PET or X-rays.
When a mesothelioma diagnosis is confirmed, patients can undergo chemotherapy, surgery and/or radiation. The surgeons can remove the affected tissue based on the location of the tumors. Some patients with mesothelioma have a lifespan less than five. However aggressive treatments like extracorporeal tissue transplantation or chemotherapy for cytoreduction that uses hyperthermic intraperitoneal therapy can prolong survival.
What causes Mesothelioma?
Mesothelioma, like most cancers is caused by DNA changes within a cell. These mutations cause the cells to multiply in uncontrolled ways, forming tumors in the tissues of the body. Asbestos is a common cause of mesothelioma. Asbestos exposure can occur in a variety of industries such as manufacturing, mining, and transportation. Asbestos exposure usually occurs between 20 to 40 years before symptoms begin to manifest. Men are more likely to develop mesothelioma compared to women. It is also found most often among those between the ages of 50 and 70. The kind of mesothelioma caused by asbestos that someone develops is often determined by the location on their body they were exposed. The majority of people diagnosed with mesothelioma are diagnosed with pleural mesothelioma, which affects the lungs. Others are diagnosed with peritoneal melanoma, which is a mesothelioma type that affects the abdomen. Finally, some people are diagnosed with pericardial mesothelioma. It is an extremely rare form of the disease that affects the lining of the heart (pericardium) and the organ itself.
A lack of breath as well as abdominal pain and fatigue are all signs of mesothelioma. In the final stages of mesothelioma, the tumors may spread to other areas of the body causing extreme pain and discomfort. Other typical symptoms of mesothelioma include swelling of the lung (pleural effusion) loss of appetite, difficulties swallowing and a blockage within the small intestine called a obstruction in the bowel. Mesothelioma is a fatal disease, and is usually fatal.
The trial involving talcum powder in Oakland involved a 24-year-old man who was diagnosed with pericardial cancer due to the use of J&J baby powder. His lawyers argued that the company knew talc could contain asbestos and didn't warn consumers. They also cited a letter from 1998 to a J&J executive that revealed the possibility of asbestos in their products.
This is the latest in a string of large verdicts against J&J. In March, J&J's Talcum Powder caused ovarian mesothelioma in one woman. Last month, another jury in Missouri awarded $55 million in the same case. 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. Most of these lawsuits were brought by women who have used J&J talcum powder to maintain their feminine hygiene.
How Can I Tell If I Have Mesothelioma?
A diagnosis of mesothelioma can 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 spread more.
A physical examination and a blood sample can aid in identifying mesothelioma symptoms. These tests can be used to check for asbestos fibers in blood, or the health of the patient's internal organs. The most reliable method of diagnosing mesothelioma is a biopsy. Doctors remove tissue or fluids from the affected area and then examine them under a microscope to look for mesothelioma tumor cells.
The type of mesothelioma a person is suffering from also affects his or her prognosis. Pleural mesothelioma is the most prevalent type of disease and accounts for the majority of cases diagnosed. Peritoneal mesothelioma, which is a cancer that develops in the abdomen's lining, is less common. The pericardial mesothelioma, a rare type of cancer that develops in the lining of the heart, is much rarer and only accounts for about one percent of cases.
Some of the first symptoms include breathlessness which gets worse with time and a coughing up of blood. Asbestos sufferers can also experience fluid accumulation in the chest cavity, a condition called pleural effusion. Vista mesothelioma attorney can be drained from the chest cavity by inserting a needle into the affected region. In more severe cases doctors might perform pleurodesis. This is which is a procedure that seals the space to prevent the fluid from accumulating within the pleura.
A mesothelioma accurate diagnosis is essential to determining the rate of survival for a patient and treatment options. There are a variety of treatments available which include chemotherapy, surgery and radiation. Other options include immunotherapy. It is a kind of treatment that increases the immune system to fight mesothelioma cells and tumor-removing fields, which employ a magnetic field to eliminate cancerous cells.
A specialist in mesothelioma can help patients understand the different mesothelioma cell types that determine how aggressive the cancer is and what the patient's prognosis is. Patients should discuss with their physician their experiences with asbestos exposure to determine whether mesothelioma could be a possibility and what treatment options are available.
How Can I get help?
If you have used Johnson & Johnson talcum powder and then developed ovarian cancer, or another illness like mesothelioma, you may be eligible for substantial compensation. Contact us today for a no-obligation, free consultation. We can assist you in filing 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 was once used extensively in a range of industrial and consumer products, including baby powder. In talcum-powder lawsuits, plaintiffs claim that exposure to asbestos through inhalation of the powder caused them to develop mesothelioma and other health issues.
J&J allegedly knew about the risk of asbestos and talcum powder for decades, but did not warn consumers. Plaintiffs have filed mesothelioma lawsuits against J&J seeking compensatory and punitive damages. These lawsuits have been amalgamated into federal and state multidistrict litigations, or MDLs.
In 2018, one of the first large talc trials resulted in an $4.7 billion settlement for the plaintiff. This was a major news story and set the tone for the remainder of the litigation. In the last month, a judge ruled against a motion by J&J to dismiss the lawsuits brought by the state of Mississippi.
However, in an effort to halt the litigation, J&J tried again. LTL Management, a subsidiary of J&J, filed for bankruptcy after the company incorporated a new entity to assume its liabilities. The bankruptcy was able to halt thousands of talc lawsuits but the 3rd Circuit rejected this strategy.
The lawsuits filed by the state of Mississippi are based on the same allegations as the individual lawsuits against J&J which allege that the company's inability to warn consumers about the dangers of ovarian cancer resulting from the talcum powder was negligent and violated the law of the state.
J&J has submitted its motion to dismiss lawsuits to another bankruptcy court. A hearing is scheduled for June to determine if the lawsuits against J&J will be allowed to proceed. If you or someone near you has been diagnosed with mesothelioma or another condition which could have been caused by talcum powder. You must seek legal advice immediately. Our skilled lawyers can help you receive the compensation you deserve.