Asbestos

Federal judge rules railroad worker’s mesothelioma lawsuit to be decided by jury

March 13, 2021 | Throneberry Law Group

A federal judge in Maine recently denied a defendant’s request to have a mesothelioma cancer lawsuit tossed out on the grounds that the company could not have known about dangerous working conditions alleged by the victim, ruling that the question of foreseeability of injuries should be left for a jury to decide at trial. The defendant, Maine Central Railroad, claimed that it could not have known the victim worked in an environment contaminated with asbestos and therefore could not be held responsible for the victim’s asbestos cancer diagnosis.

According to the plaintiff’s mesothelioma cancer lawsuit, filed in U.S. District Court for the District of Maine under the Federal Employers’ Liability Act, the victim operated the Carlton Bridge which connects a railroad line over the Kennebec River between Bath and Woolwich, Maine, which was owned by the defendant. The plaintiff alleged that the walls of the control room, engine room, and operating room of the bridge would shake when trains passed over it and would create dust in his work station.

The plaintiff’s mesothelioma cancer lawsuit asserted that asbestos containing products were used throughout the construction of the bridge and the areas which the victims worked during his tenure with the company, which was the source of his exposure to asbestos fibers. The victim further pointed to an asbestos inspection and abatement program that Maine Central Railroad initiated in 1984 during the twilight years of the plaintiff’s employment company to show that asbestos was eventually detected in his work areas.

New York City Court Allows Widow’s Mesothelioma Cancer Lawsuit to Proceed Against Port Authority

February 26, 2021 | Throneberry Law Group

A New York City court recently struck down a defendant’s attempt in a mesothelioma cancer lawsuit to have the case thrown out on summary judgment, thus allowing the case to proceed on to trial and allow the victim’s widow to pursue justice on behalf of her deceased husband. The three-judge panel of the Appellate Division of the Supreme Court of New York County upheld the trial judge’s decision to deny defendant’s Port Authority of New York and New Jersey to dismiss the case on the grounds that the plaintiff had attempted to introduce evidence that would be inadmissible under the law.

According to the mesothelioma cancer lawsuit, filed in 2017, the victim worked at the Pan Am Unit Terminal Building at JFK International Airport during the 1970s while employed by Pan Am Airlines. During that time, according to the lawsuit, the victim was routinely exposed to asbestos fibers emanating from ongoing construction, particularly by the sanding of sheetrock manufactured by Georgia-Pacific. The lawsuit asserts that the sheet rock used in the renovations of the terminal where the victim was employed contained asbestos fibers, and that this exposure is what caused the victim’s terminal mesothelioma cancer diagnosis, which he succumbed to in 2016.

Asbestos is a naturally occurring mineral that was onced used in a variety of industrial, commercial, construction applications as an insulation and building material. Unfortunately, asbestos fibers are also carcinogenic and despite knowing this public health risk for decades, many asbestos companies continued to use the material and put profits over the value of people.

New Jersey Supreme Court Allows Talcum Powder Cancer Lawsuit to Proceed

February 23, 2021 | Throneberry Law Group

The New Jersey state supreme court recently allowed a pair of talcum powder cancer lawsuits to proceed to trial. A lower court had overturned another judge’s decision to toss out the matter and effectively rule in favor of the defendant, Johnson & Johnson. Pharmaceutical and cosmetics giant Johnson & Johnson had petitioned the state’s highest court to review the case’s revival after New Jersey’s Appellate Division ruled in August that a lower Superior Court judge had improperly tossed the two cases after determining that plaintiffs’ expert witnesses were not credible.

“The trial judge was called upon to assess whether the opinions were the product of reliable data and employed methodologies accepted by the scientific community,” the three-judge Appellate Division panel wrote. “Instead, he selected defendants’ scientific methodologies over plaintiffs’, a process well beyond the gatekeeping function, and which resulted in an abuse of discretion.”

According to one of the two talcum powder cancer lawsuits, filed in 2014 in Atlantic County Superior Court, the victims developed ovarian cancer from years of using Johnson & Johnson’s talc-based Baby Powder. Other similar lawsuits filed against Johnson & Johnson claim that the company knew for decades about possible links between long term use of its talcum powder cosmetics products and women developing ovarian cancer and other serious forms of cancer.

Johnson & Johnson Opposes Supplier’s Bankruptcy Plan to Settle Asbestos Cancer Lawsuits

February 21, 2021 | Throneberry Law Group

Pharmaceutical and cosmetics giant Johnson & Johnson recently challenged the bankruptcy plan of its long-time talc supplier, Imerys Talc USA, asserting that the defunct American subsidiary’s plan to create a liability trust related to talcum powder asbestos cancer lawsuits is a way to immunize its French parent company. Imerys Talc USA was once embroiled in 14,000 asbestos cancer lawsuits with Johnson & Johnson brought by consumers and surviving family members who claim that they or their deceased loved ones developed serious forms of cancer, including mesothelioma, from years of using consumer cosmetics products such as Baby Powder and Shower to Shower.

Johnson & Johnson currently faces an estimated 22,000 talcum powder asbestos cancer lawsuits in state and federal courts across the country, and therefore has a keen interest to oppose the bankruptcy plan under review. In November 2020, French parent company Imerys SA sold all of its North American holdings at auction to Canadian company Magris for $223 million, which will be placed into a liability trust for victims to draw compensation from and spare the French company any more legal trouble over the same or similar claims.

Plaintiffs claimed that Johnson & Johnson knew for decades that the talc sourced and mined by Imerys USA to create its iconic Baby Powder contained asbestos, a known carcinogen directly linked to developing mesothelioma cancer. Mesothelioma commonly affects thin linings of tissue surrounding vital organs such as the lungs and heart, as well as the abdominal cavity, before spreading to other parts of the body. Lawsuits filed across the country have been based on documentation of internal company memos showing that Johnson & Johnson was aware of the risk of asbestos contamination in its talc but chose not to provide any warning to consumers.

Scottish Researchers Receive Grant to Develop Laser System Capable of Removing Mesothelioma Tumors

February 13, 2021 | Throneberry Law Group

Researchers at a Scottish university are developing a new laser system that will help physicians distinguish between cancer tumor cells and healthy tissues, and allow them to remove the cancerous cells while leaving healthy surrounding tissue intact. To help further this research, the UK’s Engineering and Physical Sciences Research Council has bestowed the project’s leader, Prof. Jonathan Shephard a 1.2 GBP grant and will further collaborate with the University of Leeds and Leeds Teaching Hospital NHS Trust to develop the new system for brain cancers.

As one consultant surgeon at the Leeds trust noted, “the precision of a laser combined with imaging to accurately discriminate cancer from normal tissue will greatly enhance the ability of surgeons to completely remove cancers with minimal side-effects for patients.”

According to Shephard, the “laser system can remove cancer cells in a way that restricts damage to the surrounding, healthy cells – within the width of a human hair. Because the laser pulses are so short, there is no time for heat to burn the surrounding tissue, as happens with current surgical tools.” Shepherd’s team is also working to develop a flexible, optical fibre system that can be used to target and remove cancer cells on an even smaller scale than the current technology allows.

Washington State Court Hits Kenworth With $150,000 Penalty for Withholding Evidence in Mesothelioma Cancer Lawsuit

February 8, 2021 | Throneberry Law Group

A Washington state court recently issued a strong penalty against a defendant in a mesothelioma cancer lawsuit for what the judge determined to be willful withholding of evidence by the defendant and false statements by defense counsel. In determining that the defendant, PACCAR, Inc. willfully violated rules of civil discovery procedure to produce evidence in the asbestos cancer lawsuit, the Pierce County Superior Court ruled that the defendant must pay the plaintiff $150,000, as well as attorneys fees for the time the plaintiff’s lawyers spent litigating the matter over the evidence in question.

The evidence in question in the mesothelioma cancer lawsuit concerned blueprints of trucks manufactured by a subsidiary of PACCAR, Kenworth, which contained information such as what companies supplied brakes, engines, axels, clutches, etc. Additionally, the blueprints, known as “build sheets” would contain information regarding the part’s model number and the totality of the information from the buildsheets would be of value to the plaintiff’s case that he developed mesothelioma from asbestos containing parts manufactured by the defendant and/or its subsidiary, which the victim’s employer purchased and maintained.

In response to the plaintiff’s request for build sheets of Kenworth vehicles, the defendant and its counsel responded by asserting that the build sheets could only be searched if the plaintiff could provide a vehicle information number for the truck make in question, that there were no records of to what entities the Kenworth trucks were ultimately sold, and that the build sheets were kept on microfiche and it would be too burdensome to hand search each build sheet. The court subsequently ordered PACCAR to turn over 10 randomly selected build sheets so that the plaintiffs and the court could have a better understanding of the information contained therein.

University of Hawaii Study Reveals Possible Link Between Genetic Mutation and Susceptibility to Mesothelioma

February 6, 2021 | Throneberry Law Group

A recently published study by researchers at the University of Hawaii has uncovered a possible link between carrying a particular genetic mutation and developing mesothelioma, particularly if the individual is exposed to asbestos fibers. The research is part of ongoing research by oncologists and geneticists into the role that genetics may play in developing the rare form of cancer and creating personalized treatment plans for patients in order to prolong their rates of survival.

According to the study, published in the Proceedings of the National Academy of Sciences, individuals who inherit a pair of mutated so-called “BLM” genes are more likely to develop mesothelioma cancer. People with the BLM gene are often affected by Bloom Syndrome, which exhibits such characteristics as a short stature, rash over the nose and cheeks, and an immune deficiency. Approximately one in every 900 individuals born with Bloom Syndrome only have one of the mutated BLM genes, which means that they produce only half of the normal amount of BLM protein and thereby increasing their risk of developing various forms of cancer.

The research in this study followed a previous discovery by the team’s lead researcher which showed that mutations to the BAP1 gene could lead to an increased susceptibility to developing cancer. Furthering the research into the BLM mutation, the National Institutes of Health has awarded the research team a grant in order to study a population in Nevada at risk of exposure to asbestos and other harmful mineral fibers.

Federal Appeals Court Upholds Record-Setting Mesothelioma Cancer Lawsuit Verdict

February 4, 2021 | Throneberry Law Group

A federal appeals court has upheld a record-setting mesothelioma cancer verdict in North Carolina, finding no fault with the manner in which the trial court oversaw the case or the legal reasoning for refusing to reduce the multimillion dollar jury verdict. With the three-judge panel of the Fourth Circuit Court of Appeals upholding the $32.7 million dollar verdict in the lower federal district court in North Carolina, the award constitutes the largest ever single-plaintiff and largest ever mesothelioma cancer lawsuit verdict in the state’s history.

According to the mesothelioma cancer lawsuit, originally filed in U.S. District Court for the District of North Carolina, the plaintiff’s husband worked at the Firestone Tire Plant in Wilson, North Carolina, from 1975 until 1995. The plaintiff alleged that during his employment at the Firestone tire plant, her husband was exposed to asbestos fibers in insulation pipes in the curing room of the plant, where he would change tires in the tire mold presses. The curing room of the tire plant contained 120 steam operated tire presses, connected to multiple steam pipes which the plaintiff asserted were insulated with asbestos-containing materials.

While the defendant, Covil Corporation, did not manufacture or supply the tire presses, the company did admit to supplying hundreds of feet of the asbestos-containing insulation materials which covered the pipes from these machines. Upon the victim’s passing away from mesothelioma cancer, the plaintiff filed a wrongful death mesothelioma cancer lawsuit against Covil Corporation, claiming that the company’s asbestos containing pipe insulation was responsible for her husband’s mesothelioma cancer diagnosis.

Sister of Mesothelioma Victim Files Asbestos Cancer Lawsuit Against Nebraska City

January 16, 2021 | Throneberry Law Group

The sister of a mesothelioma cancer victim recently filed an asbestos cancer lawsuit against a Nebraska city, alleging that her sibling was exposed to asbestos while working at a now shuttered multi-purpose arena located in the municipality. According to the mesothelioma lawsuit, the victim passed away in February 2020 after a battle with a rare and deadly form of cancer caused by asbestos found in the Pershing Center where she worked for decades. She alleged that the town of Lincoln knew or should have known that the asbestos threat existed.

According to the asbestos cancer lawsuit, the victim worked at the Pershing Center from 1974 through 2014 and was there during periods where maintenance crews removed or replaced asbestos insulated pipe coverings. The lawsuit further claims that the asbestos ceiling insulation would fall from the ceiling during concerts and due to patrons touching the ceiling. The mesothelioma cancer lawsuit alleges that the city of Lincoln was negligent when it failed to properly supervise contractors who worked on the facility or conduct proper tests on the materials present in the environment.

The lawsuit on behalf of the deceased’s estate seeks to recover costs for the victim’s medical bills and burials costs, as well as damages for her pain and suffering while living with her mesothelioma cancer diagnosis before her passing. While nothing can undo the loss of a loved one, the law gives the surviving family members the right to continue claims on the deceased’s behalf and seek justice for the harm caused by negligent parties.

New York City Jury Hands Down $325 Million Verdict in Talcum Powder Asbestos Cancer Lawsuit

January 11, 2021 | Throneberry Law Group

A New York City jury recently handed down a substantial verdict to a woman who blamed the maker of the talc-based cosmetics powder for her cancer diagnosis, claiming that the company knew for decades about the risk of asbestos exposure but provided no warning to her and other consumers about the dangers. The Manhattan jury awarded the plaintiffs, the victim and her husband, $325 million in actual and punitive damages, finding that defendant Johnson & Johnson acted with negligence and recklessness by knowingly selling a carcinogenic product to the public.

The $325 million awarded consisted of $25 million in actual damages of medical bills, lost wages, and pain and suffering, as well as a tremendous $300 million in punitive damages for what the jury deemed to be especially reckless conduct on the part of Johnson & Johnson. However, the judge hearing the case ultimately cut the jury’s award down to $15 million in actual damages and $105 million in punitive damages but gave the plaintiffs the option of requesting a new trial solely for the damages portion of the case. Ultimately, the plaintiffs opted to accept the reduced award.

The asbestos cancer lawsuit alleged that the plaintiff developed mesothelioma cancer from years of using asbestos-contaminated Baby Powder manufactured and sold by pharmaceutical and cosmetics giant Johnson & Johnson. The plaintiff filed her lawsuit back in 2017 after receiving her mesothelioma diagnosis, which is a rare and deadly form of cancer caused by exposure to asbestos and commonly affects the thin linings of tissue surrounding vital organs such as the heart and lungs and abdominal cavity.