Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A man who is 24 years old and has pericardial mesotheliom claims that Johnson & Johnson baby powder is responsible for 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 cancer to asbestos in J&J products Shower to Shower and baby powder.
What is Mesothelioma?
Mesothelioma is a fatal form of cancer that affects the mesothelium the lining around organs and body cavities. It is usually found in the lungs but it can also be found in the abdomen, the heart and chest cavity, as well as the testicles. Asbestos is the sole known cause of mesothelioma, and people who have been exposed to asbestos are at a greater chance of developing the disease.
The first trial since J&J declared bankruptcy on its talcum powder division opened in Oakland, California this week. Jurors were moved by the story of the plaintiff. The plaintiff, who is just 24 years old was diagnosed with malignant pericardial mesothelioma in 2022. He attributed the reason for his illness to his early use of Johnson & Johnson Baby Powder. The jury awarded him $25 million.
J&J has been accused of concealing asbestos risks from the public for a number of years. J&J has a history of hiding asbestos-related findings from regulators and even funding asbestos tests to achieve the results it wanted. Several of the company's talcum powder suppliers have been named in these lawsuits, including Whittaker, Clark & Daniels and Imerys Talc America.
Some women who used talcum to provide feminine hygiene on sanitary pads or condoms as well as in the genital area have been diagnosed with mesothelioma and ovarian cancer. The lawsuits allege that J&J knew for more than 40 years that using the powder caused ovarian cancer and mesothelioma, but did not warn consumers of the risk.
Mesothelioma symptoms may include difficulty breathing, persistent coughing, fatigue, abdominal pain and lumps or masses on the abdomen or chest. Doctors can diagnose mesothelioma by a physical exam and imaging scans. They can include CT (computer tomography) scans, MRIs and PET or X-rays.
Once a mesothelioma diagnosis is confirmed, patients can 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, however aggressive treatments such as extracorporeal Membrane transplant and cytoreduction with hyperthermic intraperitoneal chemotherapy may prolong the life expectancy.
What is the cause of Mesothelioma?
Mesothelioma, like most cancers is caused by DNA mutations in cells. These mutations cause uncontrolled cell growth, which creates tumors in the tissues. Asbestos is the most frequent cause of mesothelioma. Exposure to asbestos can occur in a variety of fields, including manufacturing, mining construction, transportation and construction. Asbestos can be exposed for between 20 and 40 years before symptoms developing. Men are more likely to develop mesothelioma than females. It is also diagnosed most often in people between the ages of 50 and 70. The type of asbestos-related mesothelioma that a person develops is usually determined by the place on their body they were exposed. Most mesothelioma patients are diagnosed with pleural mesothelioma which affects the lung. Some are diagnosed with peritoneal mesothelioma. This type of mesothelioma affects the abdomen. Some people are diagnosed with pericardial mesothelioma. This is a rare type of the disease which affects both the liner (pericardium) and the organ itself.
Shortness of breath as well as abdominal pain and fatigue are all signs of mesothelioma. In the final mesothelioma stages, the tumors can spread to different parts of the body, which can cause severe discomfort and pain. Other signs of mesothelioma are fluid in the lung, a loss of appetite difficulties eating and swallowing. Mesothelioma can be fatal.
The talcum-powder case in Oakland involved a person who was 24 years old who developed pericardial mesothelioma as a result of using J&J baby powder. His lawyers argued that J&J knew that talc contained asbestos, but did not inform customers. They also cited a 1998 letter to a J&J executive revealing the possibility of asbestos being present in their products.
This is the latest in a string of major verdicts against J&J. In Baldwin Park mesothelioma lawsuit , J&J's Talcum Powder caused ovarian mesothelioma in a woman. Last month, another jury in Missouri awarded $55 million in the same case. In addition, seven new cases were added to the powder talcum MDL over the course of the month, bringing the total number of lawsuits pending to 37,522. The majority of these lawsuits are filed by women who used J&J talcum powder to maintain their feminine hygiene.
How Can I Tell If I Have Mesothelioma?
A diagnosis of mesothelioma could be devastating. Patients should always consult a specialist to get the most accurate diagnosis and to avoid misdiagnosis, which could lead to unnecessary treatment and the spread of cancer.
A physical exam and blood sample can help identify mesothelioma symptoms. These tests can be used to look for asbestos fibers in blood or to assess the health of a patient's internal organs. The most accurate method of diagnosing mesothelioma is taking a biopsy. Doctors take tissues or fluids from the affected area, and examine them under a microscope for mesothelioma cancerous cells.
The type of mesothelioma a person has also affects his or her prognosis. Pleural mesothelioma is by far the most prevalent type of disease, and accounts for the majority of cases that are diagnosed. Peritoneal mesothelioma is a type of cancer that forms in the abdomen's lining is less prevalent. Finally, pericardial mesothelioma, an uncommon type that develops in the heart's lining is much rarer and only accounts for about 1percent of cases.
The breath is short, and becomes worse over time, and bloody coughing are some of the first symptoms. Asbestos patients may 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 area affected. In more serious cases, doctors might perform pleurodesis. This is a procedure that seals the space to prevent the fluid from accumulating in the pleura.
A mesothelioma accurate diagnosis is crucial in determining the patient's survival rate as well as treatment options. There are a myriad of treatments available which include chemotherapy, surgery and radiation. Other options include immunotherapy, a form of treatment that enhances the immune system to fight mesothelioma cells and tumor-targeting fields, which employ a magnetic field to kill cancerous cells.
A mesothelioma specialist who is specialized can also help patients understand the different mesothelioma cell types which determine how invasive the cancer is and what the prognosis of the patient is. Patients should discuss with their doctor their experiences with asbestos exposure to determine whether mesothelioma is possible and what treatment options are available.
How Can I Get Help?
If you've used Johnson & Johnson talcum and you developed an ovarian disease or another like mesothelioma after using the powder, you may be entitled to a substantial amount of compensation. Contact us today for an absolutely free case evaluation. We can assist you with filing mesothelioma lawsuits against J&J and hold J&J accountable for their actions.
Mesothelioma is a rare but fatal illness that is caused by exposure to asbestos. Asbestos was used in many consumer and industrial products including baby powder. The plaintiffs in talcum powder cases claim that inhaling talcum powder led to their exposure to asbestos and subsequently mesothelioma as well as other health issues.
J&J allegedly knew about the risk of talcum powder and asbestos for decades, but did not 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 litigations, or MDLs.
In 2018, one of the largest talc cases led to a $4.7 billion verdict in the 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 request to dismiss the lawsuits filed by the state.
J&J, however, tried again to halt the litigation. LTL Management, a subsidiary of J&J, filed for bankruptcy after the company created a new entity to assume its liabilities. The bankruptcy ended the filing of thousands of talc lawsuits, but the 3rd Circuit rejected that strategy.
The lawsuits brought by the state of Mississippi are based on the same allegations as the individual lawsuits brought against J&J: that the company's failure to warn consumers about the dangers of ovarian cancer resulting from the talcum powder was negligent and constituted violations of state law.
J&J has submitted its motion to dismiss the lawsuits to an alternative bankruptcy court. A hearing has been scheduled for June to determine whether the lawsuits against J&J will be allowed to proceed. If you or someone you know is diagnosed with mesothelioma or another condition which could be caused by talcum powder, you should seek legal representation immediately. Our skilled lawyers will assist you in getting the compensation that you deserve.