Asbestos

New York Appeals Court Hears Arguments in Asbestos Cancer Lawsuit Brought After Settlement Release

January 27, 2019 | Throneberry Law Group

A New York state appeals court recently heard arguments in a case brought by a plaintiff who claims he developed mesothelioma cancer after he signed a settlement release with the company he accused of causing his mesothelioma cancer by exposure to asbestos. The New York Court of Appeals will decide whether part of the Federal Employer’s Liability Act negates a settlement release signed by the plaintiff in the case nearly two-decades ago and allow his claim against his previous employer to move forward.

The plaintiff in the case originally brought his asbestos lawsuit against Texaco in 2014, claiming he developed mesothelioma cancer while he served as a seaman in the Merchant Marine for nearly 40 years. The plaintiff had filed a previous lawsuit against Texaco, along with more than 100 other individuals, in federal court during the 1990s over a pulmonary injury suffered from exposure to asbestos and second-hand smoke on merchant ships.

Texaco and the plaintiff resolved the first claim, with the plaintiff and other co-plaintiffs signing settlement releases which sought to discharge the company from any future liability over the health effects of asbestos exposure. The settlement release read in part the plaintiff “understands that the long term effects of exposure to asbestos … may result in obtaining a new and different diagnosis from the diagnosis as of the date of this release.”

New York Mesothelioma Cancer Case Against Cigarette Manufacturer Goes to Trial

January 17, 2019 | Throneberry Law Group

A New York state Supreme Court judge recently issued an important ruling allowing a mesothelioma cancer lawsuit against cigarette manufacturer R.J. Reynolds Tobacco Company and its supplier Hollingsworth & Vose. The mesothelioma cancer lawsuit claims that the defendants knew or should have known the asbestos contained in their cigarette filters were dangerous and could cause serious health problems for consumers.

According to the asbestos cancer lawsuit, filed in the Supreme Court of New York County, the plaintiff developed pleural mesothelioma as a result of smoking Kent brand cigarettes, marketed and sold by R.J. Reynolds with materials sourced by Hollingsworth & Vose, in the 1950s. The plaintiff alleges the filters in those cigarettes contained asbestos, which the defendants were aware could cause health complications.

The defendants filed various motions to have the case thrown out of court and dismissed without a trial, claiming they should not be held liable for the plaintiff’s injuries because the health effects of asbestos exposure were not widely known at the time the plaintiff smoked Kent brand cigarettes. Asbestos has only been regulated by the federal government since the 1970s, but due to its widespread use before restrictions were adopted, many companies were fully aware that their asbestos laden products posed a danger to the general public.

Reuters Report Claims Johnson & Johnson Knew for Decades About Asbestos Contamination in Talcum Powder Products

January 6, 2019 | Throneberry Law Group

A recent report by Reuters claims that pharmaceutical and cosmetics giant Johnson & Johnson knew for decades about the risk of asbestos contaminating its talc-based products, but did nothing to warn consumers about the dangers of exposure to the deadly carcinogen. Those claims come after the news outlet examined thousands of pages of internal company documents going back to the 1970s through the early 2000s that show Johnson & Johnson withheld information about asbestos from the Food and Drug Administration (FDA).

According to the article, Johnson & Johnson’s first recorded knowledge of potential asbestos contamination in its talc comes from 1957 and 1958 reports by a consulting lab describing contaminants in its products from the supplier. Those contaminants were described by the consulting lab as fibrous and acicular tremolite, one of the six-naturally occuring forms of asbestos.

Over the next several decades, other reports by Johnson & Johnson’s own scientists, outside consulting labs, and suppliers would show similar findings, including one identifying contaminants in the talc as “fiberform” and “rods.” Despite these obvious red flags, Johnson & Johnson chose not to put any warning labels on its talc-based products and allowed its potentially deadly items to remain on the market.

North Carolina Couple Awarded $32.7 Million in Asbestos Cancer Lawsuit

December 28, 2018 | Throneberry Law Group

A federal jury recently handed down a $32.7 million award to the widow of a North Carolina man who passed away from a mesothelioma his estate claimed was due to asbestos exposure facilitated by hazardous conditions created by the defendants in the case. The mesothelioma cancer lawsuit named a pipe insulation supplier, Covil Corporation, as the main defendant in the case, alleging the company knowingly supplied carcinogenic materials for workers at the Firestone tire factory where the victim worked.

According to the asbestos cancer lawsuit, filed in August 2016 in U.S. District Court for the Middle District of North Carolina, the now deceased victim in the case was frequently exposed to deadly asbestos fibers while working at a Firestone tire factory from 1975 to 1995. The mesothelioma lawsuit claims that exposure took place due to asbestos-contaminated insulation supplied by the defendant, Covil Corporation.

Despite knowing full well the dangers its asbestos insulation products posed to workers at the Firestone tire plant, Covil Corporation made no attempt to provide warnings about the dangers of exposure to asbestos in its products, according to the lawsuit. After five days of testimony, the federal jury took just two hours to decide in favor of the victim and awarded his surviving spouse $32.7 million in compensatory damages for the harm brought on by the defendant’s negligence.

Pennsylvania Couple Files Asbestos Cancer Lawsuit Against Johnson & Johnson

December 20, 2018 | Throneberry Law Group

A Pennsylvania couple recently filed an asbestos cancer lawsuit in a Philadelphia court against several companies over allegations that the defendants knowingly manufactured and sold carcinogenic talc-based products that caused the victim’s cancer diagnosis. The asbestos lawsuit names cosmetics and pharmaceutical giant Johnson & Johnson, its talc supplier Imerys Talc USA, Rite Aid Corporation, and Walgreen Co. as defendants and seeks compensation for the victim’s injuries.

According to the asbestos cancer lawsuit, filed in the Philadelphia County Court of Common Pleas, the female plaintiff developed ovarian cancer after years of using talcum powder products manufactured by Johnson & Johnson with contaminated talc sourced by Imerys Talc USA. The plaintiff further alleges that she purchased the defective products at both Rite Aid and Walgreens stores throughout the years, which knew or should have known Johnson & Johnson’s products posed a danger to the public.

The plaintiffs’ lawsuit in this case is one of thousands Johnson & Johnson and Imerys Talc USA are facing across the country over allegations that the companies sold asbestos-contaminated talcum powder products for decades but did not put warning labels on items like Baby Powder and Shower to Shower. Some of those cases claim the victims developed ovarian cancer as a result, like the plaintiff in this case, while others assert their mesothelioma cancer diagnosis came about as a result of asbestos exposure from talc.

New York Judge Orders Johnson & Johnson to Stand Trial in Asbestos Talcum Powder Lawsuit

December 17, 2018 | Throneberry Law Group

A New York judge recently ordered pharmaceutical and cosmetics giant Johnson & Johnson to stand trial in an asbestos cancer lawsuit brought by a plaintiff who claims he developed an aggressive form of cancer due to carcinogenic materials contained in products manufactured by the defendant. Johnson & Johnson had filed a motion for summary judgement, seeking to have the case thrown out of court and avoid any liability for knowingly manufacturing deadly products without warning consumers about the risks.

According to the asbestos cancer lawsuit, filed in the Supreme Court of New York County, the plaintiff developed pleural mesothelioma at the age of 76 after decades of using Baby Powder and other talc-based products developed and sold by Johnson & Johnson. The plaintiff claims she did not suffer from any industrial asbestos exposure at her work place and that the only possible source for the exposure came from the carcinogenic asbestos in the talcum powders she used.

Although talc, a naturally occurring mineral, does not contain asbestos fibers itself, the two are often found in deposits side by side one another, which can cause a risk of contamination if certain precautions are not taken. Asbestos itself has been heavily regulated since the 1970s when the federal government enacted legislation to protect the public from the known risks of asbestos exposure. However, even before regulators stepped in, many companies were fully aware of the risks their products posed and continued to manufacture dangerously designed and defective materials.

Mesothelioma is a concern for firefighters

November 16, 2018 | Throneberry Law Group

If you are a firefighter, you know you have a job fraught with risks, but you may not have realized that mesothelioma is one of them. Mesothelioma is a rare and aggressive type of cancer associated with asbestos exposure, and firefighters are about twice as likely to develop it than the general population, according to a study completed in 2015 by the National Institute for Occupational Safety and Health.

Because asbestos was included in many building materials manufactured through the 1980s, you can be exposed to it at fires in people’s homes, local businesses or area industrial sites. As the asbestos filled products burn they break down, dispersing asbestos particles in the air and smoke.

In addition to your exposure at fires, you also can be exposed to asbestos at your fire hall from contamination on tools and gear or the construction materials of the hall itself. Some early firefighting gear was even made with asbestos.

What to do if you’re exposed to asbestos

November 13, 2018 | Throneberry Law Group

Although the effects of asbestos exposure have been known for decades and the substance has been regulated for nearly as long, a recent EPA change and a steam-pipe explosion have again had people asking: What do I do if I’m exposed to asbestos?

Swallowing or inhaling asbestos fibers over an extended period can lead to asbestosis, mesothelioma or lung cancer. The naturally occurring fibers are heat resistant, which is why they were used as insulation and as a fire retardant for many years.

Although its use has been prevented for decades, the substance still exists in many older homes and structures. It is harmless if left in its original state and becomes dangerous only when it enters the air and is breathed or swallowed.

U.S. Supreme Court Set to Hear Important Asbestos Cancer Lawsuit

November 9, 2018 | Throneberry Law Group

The U.S. Supreme Court will soon take up arguments in an asbestos cancer lawsuit that could set an important precedent not only for other mesothelioma lawsuit plaintiffs but other innocent people harmed by the negligence of companies that failed to prevent foreseeable injuries. The case was brought by two surviving relatives of a man who developed mesothelioma while working aboard Navy ships, coming in contact with industrial gaskets made with deadly asbestos fibers as part of his job duties.

According to the mesothelioma cancer lawsuit, entitled Air and Liquid Systems Corp. v. Devries, the defendants in the case manufactured equipment for Navy ships that did not contain asbestos themselves, but required replaceable parts manufactured by third parties that used asbestos in the construction. The plaintiffs have asked the court to hold Air and Liquid Systems liable for the victim’s passing because they claim the company knew that its products would need integrated parts manufactured with asbestos gaskets and seals by third parties.

Specifically, the plaintiffs asked the justices hearing the case to apply the “foreseeability” standard of negligence commonly used in maritime injury cases which holds that Air and Liquid Systems could reasonably foresee that aftermarket parts containing deadly chemicals could cause harm. On the other hand, the defense has asked the judges to apply a more simplified standard in tort law, holding that the duty of the party to warn rests with that party that is in the best position to control or avoid the harm, in this case, the gasket maker.

Georgia Police Officer Wins $7 Million in Mesothelioma Cancer Lawsuit

October 29, 2018 | Throneberry Law Group

A New York state jury recently handed down a substantial $7 million verdict in an asbestos cancer lawsuit filed by a former Georgia police officer against a previous employer he worked for in Western New York during the 1970s. According to reports, the award represents one of the largest verdicts in a mesothelioma cancer lawsuit in that particular part of the state with jurors finding the defendant, Jenkins Bros., guilty of negligence.

According to the asbestos cancer lawsuit, filed in Supreme Court of he State of New York, County of Erie, the plaintiff, now living in Atlanta, Georgia as a retired police officer, worked for NY Wire Mills using equipment made by Jenkins Bros. The lawsuit claimed the electrical gaskets made by Jenkins Bros. were manufactured with asbestos and other harmful substances the company knew could cause serious health problems but did not provide any warnings.

By the time the plaintiff started working with the asbestos-laden products manufactured by Jenkins Bros., the Environmental Protection Agency (EPA) had already issued orders about the dangers of asbestos. Unfortunately for the plaintiff, the defendant did nothing to warn him or others that the electrical gaskets contained the deadly asbestos, which caused the victim’s mesothelioma cancer diagnosis.