Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A 24-year-old with pericardial msothelioma claims that Johnson & Johnson baby powder is responsible for his cancer. The Oakland mesothelioma case is the first one to be held since J&J spun off its talc business and filed for bankruptcy.
In the early part of this year, large settlements were reached in talc lawsuits in New Jersey and California. Plaintiffs linked their cancer to asbestos in J&J's Shower to Baby and Shower Powder products.
What is Mesothelioma?
Mesothelioma is a lethal form of cancer, affects the mesothelium or the lining surrounding organs and cavities inside the body. It is most prevalent in the lungs, but it can also be located in the abdomen and chest cavity. Asbestos is the sole known mesothelioma-related cause and those who have been exposed to asbestos are at greater chance of developing the disease.
The first trial since J&J declared bankruptcy over its talcum powder division began in Oakland, California this week. Jurors were inspired by the story of the plaintiff. In 2022, the plaintiff who was only 24 years old at the time, old at the time, was diagnosed with malignant mesothelioma in the pericardium. The plaintiff attributed his condition to childhood use of Johnson & Johnson baby powder. The jury awarded him $26 million.
J&J has been accused of obfuscating asbestos risks from the public for a long time. The company has a long track record of keeping asbestos information from regulators, and paying for asbestos tests that produced the results they wanted. A number of the company's talcum powder suppliers have been named in these lawsuits, including 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 an ovarian cancer and some have been diagnosed with mesothelioma. The lawsuits assert that J&J was aware for more than 40 years that the powder could cause ovarian cancer and other illnesses, but failed to warn consumers.
The symptoms of mesothelioma are abdominal pain, abdominal lumps, abdominal swelling and persistent coughing. Doctors can diagnose the condition through a physical exam and imaging scans. These include CT scans (computer tomography), MRIs, PET or X rays.
When mesothelioma is discovered patients may undergo surgery, chemotherapy and/or radiotherapy. Depending on the site of their tumors, surgeons might be able to remove the affected tissue. Patients with mesothelioma are sometimes given a life expectancy of less than five years, but aggressive treatments like extracorporeal membrane transplant and cytoreduction by hyperthermic intraperitoneal chemotherapy can extend the duration of their survival.
What is the cause of Mesothelioma?
Mesothelioma is a type of cancer that is caused by DNA changes within a cell. These mutations can cause uncontrolled cell growth, which forms tumors in tissues. Asbestos is a common cause of mesothelioma. Asbestos exposure is common in many different industries including mining, manufacturing and transportation. Asbestos is typically exposed between 20 and 40 years prior to symptoms developing. Men are more likely to develop mesothelioma than women. It is also most often diagnosed in people between the ages 50 and 70. The type of asbestos-related mesothelioma that someone develops is usually determined by the place they were exposed. The majority of patients diagnosed with pleural msothelioma which affects the lung. Other patients are diagnosed with peritoneal mesothelioma. This kind of mesothelioma affects the abdomen. Certain people are diagnosed with pericardial msothelioma. This is an extremely rare type of cancer that affects both the liner (pericardium), and the organ itself.
Shortness of breath, fatigue and abdominal pain are all symptoms of mesothelioma. In the final mesothelioma stages, the tumors may spread to other areas of the body, causing severe pain and discomfort. Other common symptoms of mesothelioma are fluid on the lungs (pleural effusion) and a loss of appetite, difficulty swallowing and a blockage in the small intestine referred to as a obstruction in the bowel. Mesothelioma can be fatal.
The talcum-powder case in Oakland involved an individual of 24 years old who developed pericardial msothelioma following the use of J&J baby powder. His lawyers argued that J&J knew that talc contained asbestos and didn't warn consumers. They also cited a 1998 letter to a J&J executive which revealed the possibility of asbestos in their products.
This is the latest in a long line of large verdicts against J&J. In tustin mesothelioma law firm , a jury handed down $18.8 million to a woman who contracted mesothelioma of the ovarian tract from J&J's powder. Last month, a jury in Missouri awarded $55 million in a different case that involved the same issue. In addition, seven new cases were added to the powder's MDL over the last month which brought the number of pending lawsuits to 37,522. The majority of these lawsuits concern women who used J&J's Talcum powder for feminine hygiene purposes.
How do I know If I Have Mesothelioma?
A diagnosis of mesothelioma could be devastating. Patients should always consult a specialist to get the most accurate information possible and prevent misdiagnosis that could lead to unneeded treatment and allow cancer to spread more.
A physical exam and a blood sample can help identify mesothelioma-related symptoms. These tests can check for asbestos fibers in blood or to determine the extent to which a patient's organs are functioning. The most reliable method of diagnosing mesothelioma is taking a biopsy. Doctors extract tissues or fluids from an affected area, and then look at them under a microscope to look for mesothelioma cancerous cells.
The type of mesothelioma that a sufferer has also impacts the prognosis of their patient. Pleural mesothelioma, which forms in the thin lining of the lungs, is the most frequent form of the disease and accounts for the vast majority of cases diagnosed. Peritoneal cancer, which forms in the lining around the abdomen is a less well-known type. In addition, pericardial mesothelioma which is an uncommon type that develops in the heart's lining, is much less common and makes up approximately one percent of cases.
Shortness of breath, which is more severe with time, and bloody coughing are a few of the initial symptoms. Asbestos patients can also experience fluid accumulation in the chest cavity. This condition is called pleural effusion. It can be removed by inserting a needle in the affected region of the chest cavity. In more severe cases, doctors may perform pleurodesis, which is a procedure which seals the area in order to prevent the fluid from accumulating in the pleura.
A precise diagnosis of mesothelioma is crucial in determining the rate of survival for a patient and treatment options. Surgery, chemotherapy, and radiation are all options. Other options include immunotherapy, which is a kind of treatment that increases the immune system to fight mesothelioma cancer cells, and tumor treating fields, which use a magnetic field to destroy cancerous cells.
A mesothelioma specialist may also help patients understand different mesothelioma types that determine the extent of the cancer and the outlook of the patient. Patients should discuss their history of exposure to asbestos with their physician to determine if they are mesothelioma candidates and learn about the various types of treatment options are available to them.
How Can I get help?
If you have used Johnson & Johnson talcum powder and have been diagnosed with ovarian cancer or a different illness such as mesothelioma or other cancers, you could be entitled to significant compensation. Contact us today for a free, no obligation case assessment. We can help you file a mesothelioma lawsuit against J&J and make J&J accountable for their negligence.
Mesothelioma is a rare but fatal disease that is caused by asbestos exposure. Asbestos was a time when it was widely used in a variety of consumer and industrial products, including baby powder. Plaintiffs in talcum powder cases claim that inhaling talcum powder contributed to their asbestos exposure which led to mesothelioma and other health problems.
J&J did not inform the public about the dangers of asbestos and talcum, despite knowing them for many years. Plaintiffs have filed lawsuits seeking punitive damages as well as compensatory damages against J&J. These claims have been consolidated in federal and state multidistrict litigations, or MDLs.
In 2018, one of the largest talc cases led to a $4.7 billion verdict in favor of the plaintiff. It was a national news story and set the stage for the rest. Last month, a court denied J&J's motion to dismiss the lawsuits filed by the state.
J&J, however, tried again to halt the litigation. LTL Management, a subsidiary of J&J was forced to file for bankruptcy after the company created an entity to take over 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 built on the same allegations that were a part of the individual lawsuits filed against J&J which allege that the company's inability to warn of the dangers of ovarian cancer resulting from talcum powder was negligent and constituted violations of the law of the state.
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 whether the lawsuits against J&J can be pursued. If you or someone near you has been diagnosed with mesothelioma, or another condition that could have been caused talcum powder. You must seek legal advice immediately. Our experienced lawyers can help you receive the compensation you're entitled to.