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Mesothelioma Lawyer Files Talc Lawsuit Against Johnson & Johnson
A man aged 24 with 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 big settlements in talc lawsuits. Plaintiffs attributed their cancer to asbestos found in J&J's Shower Shower and Baby Powder products.
What is Mesothelioma?
Mesothelioma is a lethal type of cancer is a disease of the mesothelium the lining that surrounds organs and cavities in the body. It is most common in the lungs, but it can also be located in the chest and abdomen cavity. Asbestos, which is the only known cause of this illness, is asbestos. People who have been exposed are at risk of developing it.
The first trial since J&J declared its Talcum Powder division bankrupt was opened this week and jurors in Oakland, California were emotional when they heard the plaintiff's story. The plaintiff, who is only 24 years old, was diagnosed with malignant pericardial mesothelioma in 2022. The plaintiff attributed his condition to childhood use of Johnson & Johnson baby powder. The jury awarded him $26 million.
J&J is accused of hiding asbestos-related risks from consumers for many years. The company has a long track record of keeping asbestos information from regulators, and even paying for asbestos tests that produced the results they desired. These lawsuits have named several of the company's suppliers of talcum powder, including Whittaker Clark & Daniels, Imerys Talc America, and other companies.
Some women who used talcum for feminine hygiene on pads or condoms or in the genital region have developed ovarian and mesothelioma. The lawsuits claim that J&J knew for more than 40 years that using the powder caused mesothelioma and ovarian cancer but did not warn consumers of this risk.
Mesothelioma symptoms include abdominal pain and abdominal lumps, abdominal swelling and a persistent cough. Doctors can diagnose the condition through a physical exam and imaging scans. These include CT scans (computer tomography), MRIs, PET or X-rays.
After a mesothelioma is diagnosed, patients can undergo surgery, chemotherapy, and/or radiotherapy. The surgeons can remove the affected tissue based on the location of the tumors. Patients with mesothelioma may have a life expectancy less than five. However aggressive treatments like extracorporeal tissue transplantation or cytoreduction using hyperthermic intraperitoneal chemotherapy can prolong survival.
What causes Mesothelioma?
Like all cancers, mesothelioma is caused by DNA mutations. The mutations cause the cells to multiply in uncontrolled ways and form tumors in the tissues of the body. Asbestos is the most common cause of mesothelioma. Asbestos exposure can occur in many different industries including manufacturing, mining and transportation. Asbestos is typically exposed 20 to 40 years before symptoms developing. Men are more likely to develop mesothelioma than females. It is also found most often in those between the ages of 50 and 70. The type of mesothelioma that a person gets is often determined by the area of their body in which they were exposed to asbestos. The majority of mesothelioma patients are diagnosed with pleural msothelioma, which affects the lung. Some are diagnosed with peritoneal mesothelioma. This kind of mesothelioma affects the abdomen. Finally, some people are diagnosed with pericardial melanoma, the most rare form of the disease that affects the heart's lining (pericardium) and the organ itself.
The symptoms of mesothelioma are fatigue, breathlessness abdominal pain and weight loss. In the later mesothelioma stages, the tumors can spread to different areas of the body, which can cause severe discomfort and pain. Salt Lake City mesothelioma attorney that are common to mesothelioma are fluid on the lungs (pleural effusion), loss of appetite, difficulty swallowing, and a blockage of the small intestine called a bowel obstruction. Mesothelioma can be fatal.
The talcum powder trial in Oakland involved a person who was 24 years old who developed pericardial msothelioma after using J&J baby powder. His lawyers argued that J&J knew that talc was contaminated with asbestos, but did not inform customers. 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 major verdicts against J&J. In March, J&J's Talcum Powder caused ovarian mesothelioma in a woman. In March, a jury in Missouri awarded $55 million in an identical case. In addition, seven new cases were added to the powder talcum MDL over the course of the 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 can I tell whether I have mesothelioma or not?
A diagnosis of mesothelioma could be devastating. Patients should always consult an expert for the most accurate information available and avoid misdiagnosis that could lead to unnecessary treatment and allow cancer to grow.
A physical examination and a blood test is an excellent way to determine whether mesothelioma is causing symptoms. These tests can detect asbestos fibers in blood or to assess the extent to which a patient's organs are functioning. The most reliable method of diagnosing mesothelioma involves taking a biopsy. Doctors extract tissue or fluids from the affected area, and examine them under a microscope to look for mesothelioma tumor cells.
The type of mesothelioma a person has also affects the likelihood of a positive outcome. Pleural mesothelioma is 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 well-known type. The pericardial mesothelioma, an uncommon type that develops in the lining of the heart, is more rare and only accounts for approximately 1percent of cases.
The first signs include a shortness of breath that becomes worse over time and a coughing up of blood. Asbestos patients 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 may perform pleurodesis, an operation that seals the space to prevent the accumulation of fluid in the pleura.
A precise mesothelioma diagnosis is the most reliable way to determine a patient's treatment options as well as their survival rate. Surgery, chemotherapy, and radiation are all options. Other options include immunotherapy, which increases the immune system to fight mesothelioma and cancer treating fields that employ magnetic fields to kill cancerous cell.
A specialist in mesothelioma can also assist patients in understanding the different mesothelioma cells which determine how invasive the cancer is and what the patient's prognosis is. Patients should discuss with their doctor their experience with asbestos exposure to determine whether mesothelioma could be an option and what treatment options are available.
How Can I Get Help?
If you have used Johnson & Johnson talcum powder and developed ovarian cancer or a different illness such as mesothelioma, you may be eligible for substantial compensation. Contact us today for a free, no obligation case evaluation. We can help you bring a mesothelioma suit against J&J to make them accountable for their negligence.
Mesothelioma is a rare, but fatal disease that is caused by asbestos exposure. Asbestos was used in a variety of industrial and consumer products like baby powder. In talcum-powder lawsuits plaintiffs claim that exposure to asbestos through inhalation of the powder caused them to develop mesothelioma, or other health issues.
J&J failed to inform the public about the dangers of talcum and asbestos, despite knowing them for many years. Plaintiffs have filed lawsuits seeking punitive damages as well as compensatory damages against J&J. The claims have been combined in federal and state multidistrict litigations, or MDLs.
In 2018, one of the first major talc trials resulted in an $4.7 billion verdict for the plaintiff. The news made headlines across the country and set the stage for the remainder of the litigation. In the last month, a judge denied J&J's request to dismiss the lawsuits brought by the state.
In an attempt to stop the lawsuit, J&J tried again. The company created a new subsidiary entity to take over its talc liabilities and LTL Management filed for bankruptcy. The bankruptcy was able to halt thousands of talc lawsuits, however, the 3rd Circuit rejected this strategy.
The lawsuits filed by Mississippi are based upon the same allegations of the individual lawsuits brought against J&J. They allege that the company acted negligently in failing to warn consumers of the possibility of ovarian cancer from talcum powder and that this resulted in a violation of state law.
J&J has resubmitted 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 be pursued. If you or someone you know is diagnosed with mesothelioma or other disease that could be caused by talcum powder you should seek legal advice immediately. Our lawyers are experienced and can help you receive the compensation you deserve.
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