Asbestos Containing Materials

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.

Pennsylvania Couple Awarded $3.8 Million in a Boilermaker Mesothelioma Case against Foster Wheeler

November 10, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as H.C. and his wife as R.C.

In a recent court decision, an Allegheny County jury awarded a mesothelioma victim and his wife almost $4 million in damages. H.C. received a malignant mesothelioma diagnosis after working as a boilermaker for a long time. After his diagnosis, H.C. and his wife, R.C., filed a lawsuit against Foster Wheeler, his former employer. H.C. blamed Foster Wheeler for his mesothelioma. H.C. claimed that the company failed to protect workers from asbestos exposure, leading to his illness. Mesothelioma is one of the illnesses that can develop after a person is exposed to asbestos. After listening to the case, the jury found Foster Wheeler liable for H.C.’s illness.

The jury learned that in the many years that H.C. was a boilermaker, he only worked for Foster Wheeler for ten weeks. Foster Wheeler provides engineering services, manufactures boilers, and services boilers across the U.S. and worldwide. Despite the existence of Occupational Safety and Health Administration (OSHA) regulations meant to prevent mesothelioma and other asbestos-related illnesses, Foster Wheeler did not comply with these regulations. Foster Wheeler’s legal representatives argued that other companies owned the site were responsible for ensuring workers were safe. However, the jury found that it was the defendant’s negligence that directly contributed to Mr. H.C.’s fatal illness.

Virginia Jury Grants $3.45 Million to the Family of a Deceased Mesothelioma Victim

November 6, 2024 | Throneberry Law Group

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

In a recent court case, a Virginia jury awarded $3.45 million to the family of a deceased mesothelioma victim in a case against John Crane, Inc., a company known for manufacturing asbestos-contaminated products. The victim in this case, who will be referred to as J.K., died of malignant mesothelioma, a rare and aggressive form of cancer that is primarily caused by asbestos exposure in 2022. After his death, J.K.’s family filed a lawsuit against John Crane, Inc., alleging that J.K.’s occupational asbestos exposure occurred while he was working with asbestos-containing products made by the company. Recently, a jury hearing the case ruled in favor of J.K.’s family and held John Crane, Inc. responsible for its failure to adequately warn about the dangers of its products.

During the trial, jury members listened to details about J.K.’s career as a millwright. For around 18 years (between 1961 and 1979), J.K. was a millwright at a plant in Chesterfield County. While there, his responsibilities included repairing and maintaining equipment such as valves and pumps. Unfortunately, when carrying out his tasks, he unknowingly inhaled microscopic asbestos fibers, putting himself at risk of developing mesothelioma. The jury heard evidence that over time, the wear and tear of the parts that J.K. repaired and maintained caused asbestos fibers to break free, contaminating the air in the workplace.

Man’s Mesothelioma Linked to Asbestos in Talc Used for Pleurodesis

October 12, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as Mr. B.Z.

In this case, a Utah resident, Mr. B.Z. Claims that his mesothelioma was caused by talc pleurodesis, a procedure that was meant to help him. Talc pleurodesis is a medical procedure that helps prevent fluid or air from accumulating in the pleural cavity. This medical procedure is for patients with respiratory issues such as malignant pleural mesothelioma. Many people have and continue to benefit from talc pleurodesis. Unfortunately, for B.Z., a procedure that was supposed to help him ended up causing him harm. According to Mr. B.Z., the talc used during his treatments in 2014 and 2020 resulted in him developing mesothelioma.

Over the years, many ovarian cancer and malignant mesothelioma patients have filed lawsuits against manufacturers and suppliers of cosmetic and industrial talc. These individuals have blamed these companies for acting negligently by failing to warn people about the presence of asbestos in their products and for distributing unsafe goods that can cause several health issues.

Asbestos in Gloves Blamed for Food Worker’s Mesothelioma

October 10, 2024 | Throneberry Law Group

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

In a recent Supreme Court decision, Justice Corcoran rejected a motion for summary judgment filed by a defendant accused of causing a deceased individual’s mesothelioma. In this case, the late W.S., who worked in the food industry, blamed his mesothelioma on the safety gloves he used at work. Mr. W.S. died in 2021, but before his death, he filed a lawsuit against the manufacturer of the gloves, Magid Glove and Safety Manufacturer. The defendant filed a motion seeking to have Mr. W.S.’s case dismissed, but the court denied their request.

Mr. W.S.’s case is not unique, as most people diagnosed with malignant mesothelioma blame their illness on years of being exposed to asbestos while at work. This is called occupational asbestos exposure. However, many other people develop mesothelioma after suffering secondary and environmental asbestos exposure. After years of working in the food industry and using safety gloves manufactured by Magid Glove and Safety Manufacturer, Mr. W.S. was diagnosed with mesothelioma, a rare and aggressive form of cancer that affects the mesothelium (the tissue lining most internal organs). His trial was scheduled to be held in March 2021 but was postponed due to the COVID-19 pandemic. Unfortunately, Mr. W.S. passed away in July 2021 before the resolution of his case. However, his case continued after his death, with his estate representative taking over.

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.

A Court of Appeals Upholds a $10 Million Punitive Damages Award in Mesothelioma Case

August 28, 2024 | Throneberry Law Group

For purposes of this article, the Navy widow in this case will be referred to as J.G.P., and her late husband as J.E.P.

In a recent decision, the Missouri Court of Appeals upheld a $10 million punitive damages award for a Navy widow who lost her husband in 2012 after he developed malignant mesothelioma. Malignant mesothelioma is an aggressive cancer that develops in the mesothelium, which is the tissue layer covering most internal organs. This illness is mainly caused by asbestos exposure, a toxic mineral fiber that was widely used in the 20th century. Asbestos was popular because of its properties and was widely used in manufacturing, construction, and numerous industrial applications. The Court of Appeals found the defendant, Crane Co., liable for the asbestos exposure that resulted in the malignant mesothelioma that killed J.G.P.’s husband.

Mr. J.E.P. had served in the Navy for five years in the 1950s as a machinist responsible for maintaining valves on a ship. This job entailed replacing gaskets and packing made with asbestos. When asbestos is disturbed, its tiny fibers can become airborne. Inhaling these fibers can result in serious health issues, including malignant mesothelioma. Mr. J.E.P.’s mesothelioma was blamed on having inhaled the asbestos-contaminated dust that worked with the parts created. After his passing, his widow, J.G.P., filed a lawsuit against John Crane Co., the company that manufactured the asbestos-containing components.

NIST Scientists Discover a Cost-Effective and Easier Technique for Asbestos Detection

July 24, 2024 | Throneberry Law Group

Asbestos, a mineral that was used extensively throughout much of the 20^th century, can cause aggressive and fatal illnesses like mesothelioma, lung cancer, and asbestosis. While the use of asbestos has virtually been eliminated, this substance remains a huge threat to this day. Legacy asbestos, which refers to asbestos-containing materials that were installed in buildings, structures, or products before the dangers of asbestos became widely known, poses ongoing risks if disturbed or damaged. Because of the threat posed by asbestos, detecting the presence of this substance is crucial.

For a long time, transmission electron microscopy (TEM) has been the go-to method for detecting asbestos in schools, factories, and other buildings. To test for asbestos in buildings, inspectors have had to collect samples from the buildings and submit them to a specialized lab with highly trained staff for examination using TEM. Some states require or recommend using TEM for asbestos testing during the removal process in commercial properties.

However, transmission electron microscopy is complex and can be expensive. Another method that can be used to test for asbestos is phase contrast microscopy. This method is less costly and easier than TEM but less accurate. Now, researchers from the National Institute of Standards and Technology (NIST) say they have found a better way of detecting asbestos. NIST researchers Jason Holm and Elisabeth Mansfield say scanning electron microscopy (SEM) can be a suitable substitute for TEM in asbestos testing. The researchers say that SEM can produce results comparable to TEM. SEM, which is cheaper and more convenient than TEM, could speed up and reduce the expenses associated with asbestos remediation in the U.S.