Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A 24-year-old with pericardial msothelioma claims that Johnson & Johnson baby powder is to blame for his cancer. The Oakland mesothelioma case is the first to proceed since J&J spun off its talc business and filed for bankruptcy.
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.
What is Mesothelioma?
Mesothelioma is a lethal form of cancer that affects the mesothelium, or the lining that surrounds organs and cavities within the body. It is most prevalent in the lungs, but can be located in the abdomen and chest cavity. Asbestos is the sole 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 over 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 mesothelioma in 2022. He blamed the cause of his condition to his early use of Johnson & Johnson Baby Powder. The jury awarded him $26 million.
J&J is accused of obfuscating asbestos risks from consumers for decades. J&J has a history of hiding asbestos-related findings from regulators and even funding asbestos tests to achieve the results it desired. The lawsuits have identified a number of the company's suppliers of talcum powder, including Whittaker Clark & Daniels, Imerys Talc America, and others.
Many women who used talcum powder for feminine hygiene in the genital area 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 using the powder could cause mesothelioma and ovarian cancer, however, they failed to warn consumers of the risk.
Mesothelioma symptoms may include breathing problems, chronic coughing, abdominal pain, fatigue and lumps or masses on the chest or abdomen. Doctors can diagnose mesothelioma through an examination and imaging scans. These include CT scans (computer tomography), MRIs, PET or X-rays.
If mesothelioma has been diagnosed patients can undergo surgery, chemotherapy or radiotherapy. The surgeons are able to remove the affected tissue depending on the location of the tumors. Certain patients with mesothelioma have a lifespan less than five. However aggressive treatments like extracorporeal transplantation of tissue and the cytoreduction process using hyperthermic intraperitoneal chemotherapy can prolong the duration of survival.
What causes Mesothelioma?
Mesothelioma is a type of cancer that is caused by DNA changes in cells. These mutations cause the cells to multiply rapidly, forming tumors in the tissues of the body. Asbestos is the most common cause mesothelioma. Asbestos exposure can be found in a variety of industries such as mining, manufacturing and transportation. Asbestos exposure usually occurs between in the 20 to 40 years preceding symptoms begin to manifest. Mesothelioma is more common in males than women, and is most commonly diagnosed in those in their 50s and 70s. The type of mesothelioma that a sufferer is usually determined by the region of their body where they were exposed to asbestos. Most mesothelioma patients are diagnosed with pleural mesothelioma which affects the lungs. Others are diagnosed as having peritoneal msothelioma. This type of mesothelioma is affecting the abdomen. Additionally, some patients are diagnosed with pericardial mesothelioma, an extremely rare type of the disease that affects the heart's lining (pericardium) and the organ itself.
Mesothelioma symptoms include fatigue, breathlessness, abdominal pain and weight loss. In the last stages of mesothelioma, the tumors can expand to other parts of the body which can cause extreme discomfort and discomfort. Other symptoms of mesothelioma include fluid in the lung, a loss of appetite, difficulty eating and swallowing. Mesothelioma is a terminal disease, and can be 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 that talc contained asbestos, but did not warn consumers about it. They also cited a letter in 1998 to an J&J executive that revealed the possibility of asbestos in their products.
This is just the latest in a series of major verdicts against J&J. In March, a jury handed down $18.8 million to a woman who contracted mesothelioma ovarian from J&J's talcum powder. Then, last month, a jury in Missouri awarded $55 million in a separate case that involved the same issue. In addition, seven new cases were added to the powder's MDL over the last month and brought the total number of pending lawsuits to 37,522. The majority of these lawsuits concern women who used J&J's Talcum powder for feminine hygiene reasons.
How do I know if I Have Mesothelioma?
A diagnosis of mesothelioma can be devastating. Patients should always consult a specialist to ensure the most precise diagnosis and to avoid false diagnosis, which could lead to unnecessary treatment and cancer spreading.
A physical examination and a blood sample can aid in identifying mesothelioma symptoms. These tests can check for asbestos fibers in the blood or to look at how well a patient's organs are functioning. The most accurate method of diagnosing mesothelioma involves a biopsy. Doctors extract tissues or fluids from the affected area and then examine them under a microscope to look for mesothelioma cancer cells.
The type of mesothelioma a person has also affects his or her prognosis. Pleural mesothelioma that develops in the thin lining that surrounds the lung, is the most common form of the disease and accounts for the vast majority of diagnosed cases. Peritoneal cancer, which develops in the lining around the abdomen is a less well-known type. The pericardial msothelioma, in turn, is a rare kind that develops in the lining of the heart. It is only one percent of all cases.
Shortness of breath, which is more severe with time, and a bloody cough are among the first symptoms. Asbestos victims can also experience fluid accumulation in the chest cavity, a condition known as pleural effusion. This can be drained by inserting a needle in the affected area of the chest cavity. In more serious cases, doctors might perform pleurodesis. This is a procedure which seals the area to stop the accumulation of fluid within the pleura.
A reliable diagnosis of mesothelioma is crucial in determining the rate of survival for a patient and treatment options. There are a myriad of options for treatment, including surgery, chemotherapy and radiation. There are also immunotherapy treatments that increases the immune system to fight mesothelioma as well as tumor treating fields that use a magnetic field in order to kill cancerous cells.
A specialist in mesothelioma can also help patients understand the different mesothelioma cells which determine how invasive the cancer is and what the patient's prognosis is. YouTube should discuss their history of exposure to asbestos with their doctor to determine if they are mesothelioma-related and learn about the various types of treatment might be available to them.
How Can I Get Help?
If you've used Johnson & Johnson talcum and developed ovarian or other illnesses like mesothelioma after using the powder, you could be eligible for a significant amount of compensation. Contact us today to receive a no-obligation, free assessment of your case. We can assist you with filing mesothelioma claims against J&J and make them accountable for their negligence.
Mesothelioma is a rare but fatal disease caused by exposure to asbestos. Asbestos was a time when it was widely used in a wide range of industrial and consumer products, including baby powder. Plaintiffs in talcum powder cases claim that inhaling talcum powder contributed to asbestos exposure, which contributed to mesothelioma as well as other health issues.
J&J did not inform the public about the dangers of talcum and asbestos even though they had been aware of their dangers for many years. Plaintiffs have filed lawsuits seeking punitive damages as well as compensatory damages against J&J. The claims have been combined into federal and state multidistrict litigations or MDLs.
In 2018 one of the first major trial involving talc resulted in an $4.7 billion verdict for the plaintiff. The news made headlines across the country and set a tone for the remainder of the litigation. In the last month, a judge ruled against a request by J&J to dismiss the lawsuits brought by the state of Mississippi.
In an attempt to stop the lawsuit, J&J tried again. The company created a new subsidiary entity to take on its talc liability, and LTL Management filed for bankruptcy. The bankruptcy stopped the filing of thousands of talc lawsuits, but the 3rd Circuit rejected that strategy.
The lawsuits brought by the state of Mississippi are founded 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 consumers about the dangers of ovarian cancer from talcum powder was negligent, and violated 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 to determine if the lawsuits against J&J can continue. If you or someone you love has been diagnosed with mesothelioma or another condition which could be caused by talcum powder you should seek legal advice immediately. Our lawyers are experienced and can help you receive the compensation you're entitled to.