Mesothelioma Attorney

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.

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.

Chicago Appeals Court Uphold $45 Million Verdict against Johnson & Johnson in Mesothelioma Case

November 22, 2024 | Throneberry Law Group

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

In a recent court decision, a Chicago appeals court upheld a jury’s verdict against Johnson & Johnson (J&J), providing the deceased mesothelioma victim’s family with the deserved justice. Earlier this year, a Cook County court in Illinois ordered the giant pharmaceutical company to pay T.G.’s family $45 million in damages after T.G. died of malignant mesothelioma. J&J tried to secure a retrial, but the court of appeals stood firm and ensured the jury’s decision in favor of the late T.G.’s family remained intact.

T.G., who had six children, was diagnosed with malignant mesothelioma, a rare and aggressive form of cancer that occurs due to asbestos exposure. This illness most commonly affects the lining of the lungs. After T.G.’s death, her family filed a wrongful death lawsuit against J&J. According to the lawsuit, the source of the asbestos exposure that resulted in the death of T.G. was J&J’s talc-based product, which she used throughout her life. T.G. also used the product on her children. During the trial, the family’s legal representative presented evidence revealing that J&J’s talc-based product contained asbestos and the company knew about the dangers of this for years but failed to inform or warn the public, thus endangering the lives of millions of consumers, including T.G. and her children.

Woman’s Death Linked to Second-Hand Asbestos Exposure

November 18, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this article will be referred to as A.M.B. and her ex-husband, Mr. A.B.

In a recent court decision, a judge denied an asbestos company’s motion to dismiss the mesothelioma lawsuit and allowed the case to proceed. The tragic death of the mesothelioma victim, A.M.B., that occurred due to second-hand asbestos exposure draws attention to the dangers of this type of exposure. Second-hand asbestos exposure occurs when someone brings asbestos fibers home on clothing or other personal items, putting their family at risk. This indirect exposure can be just as dangerous as direct exposure.

After years of unknowingly inhaling asbestos fibers when washing her ex-husband’s clothing, A.M.B. developed malignant mesothelioma. Mr. A.B. had used DAP Inc.’s products in his home and hardware business. A.M.B.’s family filed a lawsuit against the company, alleging that their products were responsible for her illness. The company tried to dismiss the case by arguing that the plaintiffs had not established a link between A.M.B.’s illness and their products. The court denied the defendant’s motion.

Judge Denies Burnham Boiler’s Bid to Dismiss Punitive Damages Claim in Mesothelioma Case

November 12, 2024 | Throneberry Law Group

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

In a recent court case, a New York County Supreme Court judge denied Burnham LLC’s request to dismiss a punitive damages claim in a mesothelioma lawsuit. A.F., a former worker, was exposed to asbestos through Burnham boilers and other asbestos-contaminated equipment. A.F. and his wife filed a lawsuit seeking compensation for compensatory and punitive damages from Burnham LLC. The defendants filed a motion to dismiss the claim for punitive damages, but that motion was denied.

After suffering mesothelioma, a victim can file a personal injury lawsuit and seek compensatory damages, which aim to make up for direct losses. Compensatory damages include medical expenses, lost wages, and pain and suffering. Mesothelioma victims’ spouses can also seek compensation for loss of companionship and support. In a mesothelioma claim, victims and their families can also seek punitive damages. Unlike compensatory damages, punitive damages are meant to punish the defendant for particularly reckless or harmful behavior. These damages are intended to send a message to others and warn them against acting in the same manner as the defendant.

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.

What is the Average Wrongful Death Settlement for Mesothelioma?

November 3, 2024 | Throneberry Law Group

Mesothelioma is a rare but aggressive form of cancer primarily caused by asbestos exposure. The prognosis of this illness is often poor. Many times, mesothelioma symptoms appear years after initial exposure. Because of this, mesothelioma is often diagnosed when it has advanced to later stages. Sadly, this means that many people die due to mesothelioma every year, leaving families devastated and facing significant financial burdens. However, for some families, it may be possible to file a wrongful death claim and seek compensation. A common question that families ask is, “What is the average wrongful death settlement for mesothelioma?”

What is Wrongful Death?

Not all families who lose their loved one due to mesothelioma can file a wrongful death claim and seek compensation. Only those whose loved one’s death was caused by another party’s negligence or misconduct are eligible to file a wrongful death claim. Often, wrongful death claims arise because companies failed to warn workers or consumers about the dangers of asbestos exposure. Manufacturers and contractors who fail to warn or protect people from the risks of asbestos exposure can also be held liable in wrongful death claims. Spouses, children, parents, other dependents, or the representative of a mesothelioma victim’s estate can file a wrongful death claim and seek various types of damages.