Asbestos & Mesothelioma Law Blog

Tips for Celebrating the Holidays With Mesothelioma

December 26, 2024 | Throneberry Law Group

There are many reasons to look forward to the holidays. The holidays are a time for loved ones to get together to enjoy traditions and create cherished memories. It is a time to give and receive gifts and eat delicious meals. However, for mesothelioma patients, the holiday season can bring unique challenges. Unfortunately, mesothelioma patients do not get a break from having cancer just because it is the holiday season, the same way people get a break from school or work. Mesothelioma, a cancer primarily caused by asbestos exposure, can cause pain and other symptoms that can make it difficult for patients to enjoy the festive season. Mesothelioma treatment and the side effects that come with it can also cause difficulties that interfere with the holiday spirit. However, it is not impossible for mesothelioma patients to fully enjoy the holidays. This article shares some tips to help mesothelioma patients enjoy the holiday season.

Modify or Create New Traditions

Instead of worrying about which tradition may be difficult to participate in, it can be helpful for mesothelioma patients to adjust their traditions to accommodate their health. This can include changing travel plans, the way decorations are done, or making simple meals. For instance, mesothelioma patients can ask family or friends to help with decorations. And if traveling is challenging, mesothelioma patients may consider hosting a holiday gathering at home. As a family member or friend to someone with mesothelioma, consider having a get-together at your place if the patient will be too stressed having guests.

Mesothelioma Victim Wins Case Against Honda Motors

December 22, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as M.C.W.

In a recent court decision, a mesothelioma victim prevailed against North American Honda Motor Co. Inc (Nissan) and was awarded $600,000 in damages. After M.C.W. was diagnosed with mesothelioma, he and his wife filed a personal injury lawsuit against several defendants he blamed for having exposed him to asbestos. Mesothelioma is an aggressive and fatal form of cancer that is caused by asbestos exposure. After hearing his case, a New York jury awarded him $300,000 for past pain and suffering and an additional $300,000 for future pain and suffering.

Mr. W’s case followed a pattern that is familiar to many mesothelioma victims. In many cases, mesothelioma victims face asbestos exposure from multiple sources. In M.C.W.’s initial lawsuit, he named several high-profile companies, including BMW of North America, American Honda Motor Company, American Biltrite, Ford Motor Company, Amchem Products, and General Electric. Some of these cases were dismissed during legal proceedings after the defendants filed petitions for summary judgment. Others were resolved through out-of-court settlements, which is how most mesothelioma claims are resolved. In the end, the only remaining defendant was Nissan.

Pennsylvania Superior Court Rules in Favor of Mesothelioma Widow in Insurance Dispute

December 18, 2024 | Throneberry Law Group

For purposes of this article, the deceased mesothelioma victim in this case will be referred to as R.L.S. or Mr. S and the widow as Mrs. S.

In a recent court decision, the Pennsylvania Superior Court ruled in favor of a widow pursuing a wrong death claim after losing her husband to mesothelioma. R.L.S. was diagnosed with malignant mesothelioma after suffering asbestos exposure while working with Penelec for over 20 years. Before his death, Mr. S and his wife filed a lawsuit against Penelec. After Mr. S died, his wife amended the complaint to include a wrongful death claim. Though Penelec’s insurance company contested its obligation to defend the employer against the claims, the Pennsylvania Superior Court ruled in favor of the widow and allowed the case to continue. This case highlights the complex way that insurance companies handle mesothelioma claims against victims’ employers.

After Mr. S’s diagnosis, he and his wife filed a lawsuit against Penelec for Mr. S’s occupational exposure. They alleged negligence, strict liability, breach of warranty, and failure to monitor medical risks. The lawsuit also included a claim for loss of consortium for Mrs. S. Sadly, R.L.S. passed away before his claim was resolved. After his death, his wife amended the complaint to include a wrongful death claim. The claim seeks damages for herself and her children. Penelec’s insurer, Continental Insurance Company, initially defended the employer but later withdrew, arguing that it was legally excluded from the lawsuit. Basically, what this means is that the policy did not cover such claims. According to the insurance company, Mr. S’s claims fell outside the scope of its liability. The insurance company cited the state’s workers’ compensation laws as grounds for exclusion.

What Happens if You File Your Mesothelioma Lawsuit After the Statute of Limitations Has Expired?

December 15, 2024 | Throneberry Law Group

After a mesothelioma diagnosis, the victim or their family can file a lawsuit against the parties they blame for the asbestos exposure that led to the diagnosis. However, filing a mesothelioma lawsuit after the statute of limitations has expired can greatly affect the outcome of the case. A statute of limitations is a law that sets the length of time claimants have to file their lawsuits. Failing to file your mesothelioma lawsuit within the statute of limitations can lead to the dismissal of your case. It can lead to you losing your right to seek compensation regardless of the strength of your case. Read on to learn more!

What Is a Mesothelioma Statute of Limitations?

A mesothelioma statute of limitations defines how much time a patient or their family (in case the victim passes away) has to file a lawsuit. The statute of limitations for mesothelioma lawsuits varies from state to state. In the U.S., the statute of limitations for mesothelioma cases ranges from one to six years. Many states have a mesothelioma statute of limitations of two years.

Department of Justice Challenges Johnson & Johnson’s Talc Bankruptcy

December 12, 2024 | Throneberry Law Group

Recently, the Department of Justice (DOJ) took a firm stand against giant pharmaceutical company Johnson & Johnson (J&J) after the company tried to file for bankruptcy again. Johnson & Johnson is facing mesothelioma and ovarian cancer lawsuits from tens of thousands of victims who blame the asbestos-contaminated talc in the company’s famous baby powder for their illness. To address these claims, J&J has repeatedly attempted a controversial strategy of filing for bankruptcy. Many people thought that J&J’s latest bankruptcy filing attempt would succeed. However, the DOJ intervened in the case and filed a motion to dismiss the company’s bankruptcy case.

Johnson & Johnson has followed in the footsteps of many asbestos companies facing lawsuits from mesothelioma and ovarian cancer victims. The pharmaceutical giant has filed for bankruptcy a number of times in an attempt to settle the tens of thousands of claims it is facing. All the claimants blame the company’s talc-based baby powder for their illness. They claim that the baby powder was contaminated with asbestos, a substance that is known to cause various illnesses, including mesothelioma and ovarian cancer. However, according to the U.S. Trustee, Johnson & Johnson is trying to abuse the bankruptcy system. The Trustee noted that J&J’s bankruptcy filing differs from standard asbestos trust funds since the company is not in need of bankruptcy relief. The Trustee noted that J&J is not in genuine financial distress.

Johnson & Johnson’s strategy involves filing for bankruptcy through a subsidiary called Red River Talc LLC. Pointing to this subsidiary, the U.S. Trustee said that it serves no legitimate purpose and seems solely designed to protect J&J, a company that is financially stable and cannot provide a conformable plan of reorganization. This is Johnson & Johnson’s third time attempting to file for Chapter 11 bankruptcy, a bankruptcy chapter that is meant for companies facing genuine financial distress. According to the Trustee, this third filing is no different from the previous filings that the court rejected for similar reasons.

Todd Shipyard Worker Blames Multiple Companies for His Mesothelioma

December 10, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as J.S. or Mr. S.

This case is about a construction worker, J.S., who worked at the Todd Shipyards for years and was later diagnosed with malignant mesothelioma, a rare and aggressive cancer that is primarily linked to asbestos exposure. In his lawsuit, J.S. names multiple companies as defendants. He blames these companies for having negligently exposed him to the asbestos that led to him developing his illness. His case has involved demands for records from him and requests for dismissal from the case from many companies.

According to Mr. S, his mesothelioma stems from exposure to asbestos-contaminated products used in ship construction and repair at Todd Shipyards between 1960 and 1964. While working at Todd Shipyards, the mesothelioma victim was exposed to equipment from Foster Wheeler, including marine boilers. He was also exposed to products like DAP joint compound, Kaiser Gypsum, and other materials made with Vanderbilt Talc.

Contractor’s Negligence Exposes Neighborhood to Mesothelioma Risk

December 8, 2024 | Throneberry Law Group

In a recent court decision, an asbestos contractor in Jefferson County, Colorado, was found guilty of several crimes after his fraudulent and careless acts endangered his workers, a client, and a whole neighborhood. The contractor’s actions put his employees, the client, and the entire neighborhood at risk of developing mesothelioma in the future. The contractor handled asbestos removal poorly and charged the client $70,000 for the poor work. Asbestos is a well-known health hazard, and its removal requires strict adherence to safety protocols. Failure to abide by the set guidelines can result in severe consequences.

The 82-year-old owner of a fire-damaged four-unit rental property in Arvada hired the contractor, Lance Slayton, in 2022 to clean and repair the property. This was when the risk of future mesothelioma diagnoses in the neighborhood began. Lance’s work included properly removing asbestos-contaminated materials from the property. However, according to the state attorney general’s office, instead of the contractor handling the toxic material properly, his company ignored safety protocols and removed the dangerous material improperly and disposed of it in an unsafe manner, putting the employees and residents exposed to the asbestos at risk.

Asbestos is generally not harmful when left undisturbed. However, when asbestos is disturbed or damaged, it can release tiny fibers into the air, which, when inhaled, can cause serious health problems like mesothelioma. Mesothelioma, a disease that affects the mesothelium, is a form of cancer that is rare and quite aggressive. After asbestos fibers are inhaled, they can become stuck in the body, causing inflammation and scarring over time. This can eventually lead to mesothelioma, which often has a long latency period. It can take 20 to 60 years or more for mesothelioma to develop after initial asbestos exposure. Because mesothelioma can take so long to develop, the full impact of this incident may not be felt for quite some time.

Asbestos-Contaminated Baby Powder Recall Sparks Concerns Over Mesothelioma Risk

December 7, 2024 | Throneberry Law Group

Dynarex, a medical supply company based in New Jersey, recently recalled numerous cases of baby powder contaminated with asbestos. The baby powder had been sent to distributors in different states in the U.S., sparking fears over many people suffering asbestos exposure and eventually developing mesothelioma and other asbestos-related illnesses. The recall resulted from a routine U.S. Food and Drug Administration (FDA) sampling program, which revealed that the finished products were asbestos-contaminated. The FDA also identified other lots of products that contain asbestos because of the company’s use of the same bulk talc material.

The recall affects products that were distributed in Arkansas, Florida, Kentucky, New Jersey, Colorado, North Carolina, Alabama, Illinois, Washington, Tennessee, Wisconsin, Pennsylvania, and other states. In addition to being sold in stores, the affected products were also sold online through Amazon. According to the FDA, consumers who purchased Dynacare Baby Powder by Dynarex in several batches, including B048, B049, B050, B051, and B052, should not continue using the products.

Because of the growing concerns over asbestos contamination and the tens of thousands of lawsuits that have been filed against companies because of talc-based consumer products, many large companies have stopped using talc in their products. Studies have shown that long-term use of talc for personal care can increase the risk of asbestos-related diseases like mesothelioma and ovarian cancer. One of the most notable companies that stopped using talc in its products after facing significant legal liabilities for mesothelioma and ovarian cancer cases is Johnson & Johnson (J&J). With billions of dollars in damages awarded to claimants and countless cases yet to be filed and resolved, many companies have switched to using cornstarch as a safer alternative to talc in their consumer products. Despite this shift, Dynarex continued using talc in its products, putting consumers at risk.

Can Mesothelioma Be Prevented?

December 5, 2024 | Throneberry Law Group

Mesothelioma, a form of cancer that affects the tissue layer that covers most internal organs, is primarily caused by asbestos exposure. Asbestos is the name given to a group of naturally occurring minerals. These minerals, which occur as masses of strong, flexible fibers, were widely used in the 20th century to insulate, strengthen, and fireproof many commercial items and products. Asbestos can be found in finished products such as walls, pipes, tiles, cement, insulation, roofing shingles, ceiling tiles, and many more. Because asbestos is the biggest risk factor for mesothelioma, reducing exposure to this substance is the most effective way of lowering the risk of mesothelioma development. This article explores how people can protect themselves from asbestos exposure and, thus, from developing mesothelioma.

Understanding How Asbestos Exposure Causes Mesothelioma

As mentioned already, the leading cause of mesothelioma is asbestos exposure. Asbestos is a hazardous mineral that used to be common in many industries, including construction, shipbuilding, insulation production, and automotive manufacturing. The use of asbestos has significantly declined over recent decades. When asbestos is left undisturbed, it is generally not dangerous. When this substance is disturbed or damaged, or when it deteriorates, tiny, microscopic fibers are released into the air, which can be inhaled or ingested. Asbestos fibers can get stuck in the mesothelium. Over time, this can result in inflammation or scarring, which can then lead to the development of mesothelioma.

Latest J&J Talcum Powder Trial Begins in Connecticut

November 24, 2024 | Throneberry Law Group

The outcome of one of the nation’s first talcum powder/mesothelioma trials could determine if Johnson & Johnson agrees to another massive settlement.

The trial, taking place amidst J&J’s ongoing efforts to settle thousands of talc-related ovarian cancer lawsuits, involves a male plaintiff who alleges he developed mesothelioma due to inhaling asbestos allegedly present in Johnson’s Baby Powder.

Evan Plotkin argues he developed mesothelioma in 2021 at the age of 64 after years of using talc-based cosmetic products, however J&J, which denies its talc products ever contained asbestos, maintains his mesothelioma likely did not develop from asbestos exposure but rather from a family medical history that supposedly made him more likely to get cancer.