Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A man who is 24 years old and has mesothelioma of the pericardium has claimed that Johnson and Johnson's baby powder caused his cancer. The Oakland mesothelioma case is 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 massive settlements in talc-related lawsuits. Plaintiffs linked their cancer to asbestos found in J&J's Shower Shower and Baby Powder products.
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Mesothelioma is a deadly type of cancer that affects mesothelium the lining that surrounds organs and body cavities. It is most prevalent in the lungs but can also be located in the chest and abdomen cavity. Asbestos is the sole known cause of mesothelioma, 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 heard the testimony of the plaintiff. The plaintiff, who is only 24 years old, was diagnosed with malignant pericardial mesothelioma in 2022. He blamed the reason for his illness to his early use of Johnson & Johnson Baby Powder. The jury awarded him $26 million.
J&J has been accused of concealing asbestos risks from the public for decades. The company has a long tradition of concealing asbestos-related information from regulators, and paying for asbestos tests that gave the results they wanted. Several 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 been diagnosed with cancer of the ovary, and a few have been diagnosed with 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 failed to warn consumers.
Mesothelioma symptoms may include difficulty breathing, persistent coughing, abdominal pain, fatigue and lumps or masses on the abdomen or chest. Doctors can diagnose the condition by a physical examination and imaging scans. These could include CT (computer tomography) scans, MRIs and PET or X-rays.
Once 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 are sometimes given an expected life expectancy of less than five years, but aggressive treatments such as extracorporeal membrane transplant and cytoreduction with hyperthermic intraperitoneal chemotherapy can prolong the life expectancy.
What causes Mesothelioma?
Mesothelioma, as with most cancers, is caused by DNA mutations in a cell. These mutations cause cells to multiply in uncontrolled ways, forming tumors in the tissues of the body. Asbestos is the most common mesothelioma-related cause. The exposure to asbestos can occur at work in a variety of fields such as mining, manufacturing, construction and transportation. Asbestos exposure usually occurs between 20 to 40 years prior to the time symptoms develop. Men are more likely to develop mesothelioma than women. It is also most often diagnosed among those between the ages 50 and 70. The type of mesothelioma that a person is usually determined by the part of their body where they were exposed to asbestos. Most people with mesothelioma are diagnosed with pleural mesothelioma, which affects the lungs. Some are diagnosed with peritoneal msothelioma. This type of mesothelioma affects the abdomen. Some patients are diagnosed with pericardial msothelioma. This is an extremely rare type of disease that affects both the inner lining (pericardium) as well as the organ itself.
Mesothelioma symptoms include fatigue, breathlessness, abdominal pain and weight loss. In the later stages of mesothelioma tumors can spread to different parts of the body, which can cause severe pain and discomfort. Other typical symptoms of mesothelioma are fluid on the lung (pleural effusion), loss of appetite, difficulty swallowing, and a blockage of the small intestine called a obstruction of the bowel. Mesothelioma can be fatal.
The talcum powder trial in Oakland involved a 24-year-old man who was diagnosed with pericardial mesothelioma due to the use of J&J baby powder. His lawyers claimed that J&J knew talc could contain asbestos and didn't warn consumers. They also cited a letter in 1998 to an J&J executive that highlighted asbestos could be present in their products.
This is only the latest in a string of major verdicts against J&J. In March, J&J's Talcum powder caused ovarian mesothelioma to a woman. Last month, another jury in Missouri handed down $55 million in the same case. In addition, seven new cases were added to the powder's MDL over the course of the month, bringing 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 do I know if I have mesothelioma or not?
A diagnosis of mesothelioma can be devastating. Patients must always consult a doctor to get the most accurate diagnosis and to prevent misdiagnosis, which could lead to unneeded treatment and cancer spreading.
A physical examination and blood test could be an effective way to determine whether mesothelioma has caused symptoms. These tests can be used to test for asbestos fibers in blood or to assess the health of the patient's internal organs. The most precise method to diagnose mesothelioma is by biopsy, which is when doctors remove fluid or tissue from the affected area, and then examine the area under a microscope to detect mesothelioma-related cells.
The type of mesothelioma that sufferers have can influence their prognosis. Pleural mesothelioma is by far the most common type of the disease and accounts for the majority of cases diagnosed. Peritoneal cancer, which forms in the lining around the abdomen is a less prevalent type. The pericardial msothelioma, in turn, is a rare form of cancer that develops in the lining of the heart. It is only 1percent of all cases.
The breath is short, and is more severe with time, and bloody coughing are among the first symptoms. Asbestos victims might also experience fluid buildup in the chest cavity, which is called pleural effusion. This can be drained by inserting a needle into the affected area of the chest cavity. In more severe cases doctors might perform pleurodesis. This is a procedure that seals the cavity to stop the fluid from accumulating within the pleura.
A reliable diagnosis of mesothelioma is crucial to determine the patient's survival rate as well as treatment options. There are a variety of treatments available that include surgery, chemotherapy and radiation. Other options include immunotherapy. It is a form of treatment that enhances the immune system to fight mesothelioma tumors and tumor-removing fields, which use the power of magnets to eliminate cancerous cells.
A mesothelioma specialist who is specialized can also assist patients in understanding the various mesothelioma types which determine how invasive the cancer is and what the prognosis of the patient is. Patients should discuss with their doctor their experience with asbestos exposure to determine whether mesothelioma is a possibility and what treatment options are available.
How Can I Get Help?
If you've used Johnson & Johnson talcum powder and then developed ovarian cancer, or another disease such as mesothelioma or other cancers, you could be entitled to significant compensation. Contact us now for a free, no obligation case evaluation. We can help you bring mesothelioma suits against J&J to ensure that they are held accountable for their negligence.
Mesothelioma, an uncommon and fatal illness caused by asbestos exposure is a rare condition. Asbestos was once widely used in a range of industrial and consumer products, including baby powder. In talcum-powder lawsuits plaintiffs assert that exposure to asbestos from inhaling the powder caused them to develop mesothelioma and other health issues.
J&J believed to have known about the dangers of asbestos and talcum powder for decades but failed to warn consumers. Plaintiffs have filed lawsuits seeking punitive damages as well as compensatory damages against the company. The claims have been combined in federal and state multidistrict lawsuits, also known as MDLs.
In 2018 one of the biggest talc cases led to a $4.7 billion verdict in favor of the plaintiff. This was a major news story and set the stage 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.
In an attempt to stop the lawsuit, J&J tried again. LTL Management, a subsidiary of J&J was forced to file for bankruptcy after the company created an entity to take over its obligations. The bankruptcy ended thousands of talc suits, but the 3rd Circuit rejected that 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 which allege that the company's inability to warn of the dangers of ovarian cancer caused by the talcum powder was negligent and constituted violations of state law.
J&J has resubmitted its motion to dismiss the lawsuits to an alternative bankruptcy court. A hearing is scheduled for June in order to determine if 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 should seek legal counsel immediately. Our skilled attorneys can assist you in obtaining the justice you deserve.