September, 2024

Talc Supplier’s Arguments Fail in Mesothelioma Case

September 18, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as L.G.

In a recent court decision, the Supreme Court of New York rejected a talc supplier’s motion for summary judgment. This case centers around a woman who we will refer to as L.G. in this article. L.G. was diagnosed with malignant mesothelioma after years of using talc powder products. Kolmar Laboratories, the manufacturer of the products, was named as one of the defendants in L.G.’s negligence claim. Kolmar Laboratories petitioned for removal from the lawsuit, but the company’s arguments failed. The case will move forward for a jury to weigh the evidence.

After L.G. was diagnosed with malignant mesothelioma, she traced the cause of her illness to the Johnson & Johnson talc powder products she had used for many years. Malignant mesothelioma is a form of cancer that affects the thin tissue lining most internal organs, known as the mesothelium. Mesothelioma is a rare form of cancer. In the United States, around 3,000 new mesothelioma cases are diagnosed yearly. This illness is primarily caused by asbestos exposure. Asbestos is a naturally occurring mineral whose fibers are strong and heat resistant. This made asbestos useful in a wide variety of applications. When asbestos is disturbed, tiny fibers are released into the air, which can get stuck in the mesothelium after being inhaled or ingested. Over time, a person may suffer inflammation and scarring, leading to the development of malignant mesothelioma. Kolmar Laboratories manufactured the Johnson & Johnson products that L.G. used. Because of this, Kolmar was named as one of the defendants in L.G.’s mesothelioma claim.

Mesothelioma Researcher Wins Legal Battle Against Johnson & Johnson

September 16, 2024 | Throneberry Law Group

A significant legal victory was recently achieved when a federal judge dismissed a lawsuit filed by Johnson & Johnson (J&J) against a mesothelioma researcher. For long, mesothelioma victims have encountered challenges when trying to hold companies liable for their asbestos exposure. Many asbestos companies have defended themselves by challenging scientific evidence. Often, these companies argue that there is no conclusive proof that asbestos exposure causes mesothelioma. They focus on the methods and data and refuse to accept responsibility. Most recently, J&J filed a lawsuit against a mesothelioma scientist whose research suggests that talc-based consumer products can cause cancer. However, the judge dismissed the giant pharmaceutical company’s suit, emphasizing the researcher’s right to free speech. The judge also found no evidence to show that the researcher’s findings were false.

J&J has faced tens of thousands of lawsuits filed by victims of mesothelioma and ovarian cancer who used the company’s talc-based baby powder. The victims blame the talc-based baby powder for their asbestos exposure, which, in turn, caused their illnesses. The claimants argue that J&J failed to adequately warn consumers about the potential dangers associated with their product. In response to the lawsuits against them, J&J has employed several strategies, including creating a subsidiary, LLT Management, that proceeded to file for bankruptcy. The company has also filed lawsuits against researchers, including one prominent mesothelioma researcher, Dr. Jacqueline Moline.

Plaintiffs have presented internal J&J documents describing fears over the company’s talc’s connection to cancer. Despite this, the company still filed lawsuits against several researchers. Johnson & Johnson has not only attacked the researchers’ studies but has also accused one of the researchers, Dr. Jacqueline Moline, of libel, fraud, and false advertising in connection to the paper she published that connects asbestos-containing talcum powder products to mesothelioma.

Judge Denies DAP’s Motion for Summary Judgment Despite the Defendant Presenting Affidavits

September 15, 2024 | Throneberry Law Group

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

In a recent court decision, Justice Adam Silvera denied DAP’s motion for summary judgment despite them presenting affidavits provided by their employee. In this case, the family of P.J.M., who passed away due to mesothelioma, an illness that develops due to asbestos exposure, named DAP Inc. and others as defendants. The family blamed P.J.M.’s disease on exposure to several products that contained asbestos. DAP requested dismissal from the case by filing a motion for summary judgment. The defendant claimed it did not make or sell the products the family is blaming for Mr. P.J.M.’s illness. Despite DAP’s assertion, the court denied the petition and allowed the case to proceed.

Often, defendants in mesothelioma lawsuits and other asbestos-related lawsuits seek dismissal by arguing that the lawsuit is baseless. It is common for defendants to argue that their products were not involved in the plaintiff’s asbestos exposure. It is common for defendants to claim that their products could not have contributed to the claimant’s illness. However, in the New York County Supreme Court, such arguments are often denied because the bar for dismissal is high. Defendants are typically required to unequivocally establish that their products could not have caused the claimant’s injury.

South Carolina Jury Awards $63.4 Million to Mesothelioma Victim in Case Against Johnson & Johnson

September 8, 2024 | Throneberry Law Group

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

In a recent court decision, a South Carolina state court jury awarded $63.4 million to a man diagnosed with malignant mesothelioma in a case against Johnson & Johnson (J&J). The compensation amount is meant to cover both punitive and compensatory damages. M.P. was diagnosed with malignant mesothelioma, a rare and aggressive illness that develops after asbestos exposure, at the age of 53. He blamed his illness on his lifelong use of Johnson & Johnson’s talc powder.

Malignant mesothelioma is a type of cancer that is rare in the United States. Statistics suggest that about 3,000 new mesothelioma cases are diagnosed in the United States annually. Mesothelioma develops after a person is exposed to asbestos. However, this illness does not develop immediately after exposure. It can take decades for mesothelioma to develop after asbestos exposure. Asbestos is a naturally occurring mineral that is resistant to heat, fire, and many chemicals. This made asbestos useful in many industries and products. However, when asbestos is disturbed, it releases fibers into the air, which, when inhaled or ingested, can become lodged in the lungs or other tissues, leading to serious health issues like mesothelioma.