Mesothelioma Court Rulings & Legislation

New Jersey Supreme Court Ruling Holds Insurers Liable for Asbestos Claims

September 28, 2018 | Throneberry Law Group

The New Jersey state Supreme Court recently handed down a significant ruling that will have an important impact on asbestos cancer litigation in the state and potentially nationwide for claims against Honeywell International and other asbestos companies. The ruling centers around the insurance many of these asbestos companies retain in order to shield themselves financially from verdicts and settlements in mesothelioma cancer lawsuits for claims related to asbestos-contaminated products.

In its decision, the New Jersey Supreme Court affirmed lower state court rulings holding that a policyholder is not required to contribute in the allocation of insurance liability for periods when the relevant insurance coverage was unavailable to that policyholder in the marketplace. What this means is that insurance companies indemnifying asbestos companies may still be on the hook for legal bills even if the manufacturer did not have continuous coverage from the insurance company in question during the time the defective products were manufactured.

The case arose because Honeywell International, which once manufactured brake pads with asbestos in them, sought coverage from its carrier, Continental Insurance Company, for thousands of mesothelioma cancer claims brought against it. Continental attempted to avoid paying the claims, arguing that Honeywell International did not have coverage during the time periods in which the company manufactured the asbestos-laden products that brought on the lawsuits.

Environmental Protection Agency Claims New Rulemaking Will Strengthen Asbestos Regulations

September 27, 2018 | Throneberry Law Group

According to the Environmental Protection Agency (EPA), contrary to recent media reports, the agency is moving closer to closing loopholes on the importation and manufacturing of the deadly carcinogen, asbestos. The EPA cited its newly received powers under a bipartisan Obama-era law that gives the agency the authority to impose a new decision making process known as “significant new use rule,” or SNUR, which will create a “regulatory backstop where none existed before.”

Recent reports across the media indicated that the EPA was actually considering pulling back on strengthening federal regulations against the once-commonly used insulation material responsible for thousands of new cases of mesothelioma cancer each year. Specifically, safety experts asserted that the EPA was actually creating a process by which asbestos companies could submit requests for using the carcinogen in ways such as adhesive, roofing material, and floor tile.

The EPA gained this authority under a 2016 amendment to a decades-old chemical safety law that required the agency to periodically review the hazards posed by certain chemicals and toxic substances that could pose a danger to the public. According to an EPA spokesperson, the agency is currently reviewing the status of certain grandfathered exemptions to federal asbestos bans to determine if these methods are still in production, then closing the loopholes to halt any further production.

Pennsylvania Mesothelioma Lawsuit Settles During Trial

September 26, 2018 | Throneberry Law Group

Justice recently came for the widow of a former auto mechanic who passed away after a battle with mesothelioma brought on by years of exposure to asbestos fibres while working at a large chemical company his estate claimed was responsible for the cancer diagnosis. The settlement came during the middle of a trial in a Philadelphia court, allowing the defendants to end the litigation without having to disclose the terms of the resolution or admit fault for manufacturing the asbestos-contaminated materials that caused the victim to become sick.

According to the asbestos cancer lawsuit, filed in the Philadelphia County Court of Common Pleas, the victim worked in a Gulf Oil Gas Station in South Fork from 1957-1958 performing various auto repairs with asbestos-containing brake shoes. The deceased also worked for chemical company Rohm & Haas from 1959-1997 at its Bristol facility as well as its Bristol and Croydon plants where he was allegedly exposed to asbestos fibers in thermal insulation contained on piping, kettles, boilers, valves, pumps, turbines and other equipment.

Asbestos was once commonly used in a variety of industrial, commercial, and military applications for its heat-resistant and malleable properties as an insulation. Unfortunately for workers and installers, the material is also carcinogenic and directly linked to developing the deadly cancer, mesothelioma.

Missouri Trial Judge Upholds $4.6 Billion Asbestos Talcum Powder Lawsuit Verdict

August 31, 2018 | Throneberry Law Group

A Missouri trial judge recently upheld a substantial $4.69 billion verdict in favor of 22 plaintiffs and their families in an asbestos talcum powder lawsuit against New Jersey-based pharmaceutical and cosmetics giant Johnson & Johnson. Soon after the judge upheld the verdict, Johnson & Johnson continued to deny responsibility in the case and vowed to appeal the decision and have the award overturned.

In his orders, the Circuit Court judge for the City of St. Louis noted there was no reason to further delay certification of the award for appeal and so affirmed the jury’s decision. Johnson & Johnson had chosen not to file any post judgement motions asking the court to reduce or set aside the verdict entirely, thus allowing it to take its case to state appeals courts to try and challenge the jury’s will on technical grounds.

The plaintiffs in the case alleged that they or their relatives developed various types of cancer, including mesothelioma, from years of using Johnson & Johnson’s Baby Powder, Shower to Shower, and other talc-based products developed by the company. While Johnson & Johnson denied its products contained talcum powder or had been talc-free for several decades, the plaintiffs showed internal company documents to the contrary.

St. Louis Jury Hands Down Substantial $550 Million in Asbestos Talcum Powder Lawsuit

August 29, 2018 | Throneberry Law Group

A St. Louis jury recently handed down a substantial $550 million verdict in an asbestos talcum powder lawsuit in which several women accused pharmaceutical giant Johnson & Johnson of causing their serious medical conditions. The same jury will also decide whether or not to award additional punitive damages to the plaintiffs as compensation for higher counts of negligence alleged in the asbestos cancer lawsuit.

According to the talcum powder asbestos cancer lawsuit, filed in St. Louis Circuit Court, the 22 female plaintiffs developed ovarian cancer due to the asbestos-contaminated talc contained in products the victims used over a number of years. Sadly, six of the victims in this case passed away due to their ovarian cancer, leaving their surviving family members to carry on their claims and seek justice against powerful companies putting profits before people.

While Johnson & Johnson has claimed for years that its talc-based products are safe and contain no known carcinogens, juries across the country have disagreed, handing down significant verdicts on behalf of plaintiffs. Johnson & Johnson faces an estimated 9,000 talcum powder cancer lawsuits across the country, with plaintiffs alleging that the talc-based products they used caused their cancer diagnoses, including mesothelioma.

Another jury rules against J&J over talc asbestos

July 26, 2018 | Throneberry Law Group

The American Cancer Society declares on its website that talcum powder-based products have been asbestos-free since the 1970s. Johnson & Johnson, one of the major manufacturers of such products, is equally vocal about claiming that its well-known talc-based baby powder does not, and never has, contained asbestos. Juries hearing claims to the contrary continue to cast doubt the industry position.

The latest reflection of this came in mid-July with a panel in Missouri ordering Johnson & Johnson to pay nearly $4.7 billion in compensatory and punitive damages to a group of 22 women. The women alleged that baby powder and other J&J talc-based products did contain asbestos and caused them to contract ovarian cancer. Johnson & Johnson vows to appeal the case. Meanwhile, the company is named in thousands of additional actions claiming talc-related cancer and they continue to work their way through the courts.

Many can and do propose the argument that there is no solid scientific evidence that there is any link between talc and ovarian cancer. But the fact remains that, in its natural state, asbestos appears in talc. And asbestos is known to cause cancer.

EPA Issues New Updates to Asbestos Regulations

July 14, 2018 | Throneberry Law Group

The Environmental Protection Agency (EPA) recently issued new guidance rules for asbestos as part of the latest updates to the reformed Toxic Substances Control Act (TSCA), which could potentially have a large impact on future asbestos production in the United States. The new rules, referred to as significant new use rule (SNUR), would allow the agency to prevent new uses of asbestos, a naturally occurring mineral directly linked to deadly cancers such as mesothelioma.

If adopted, the proposed rule would require the EPA’s approval before any products containing asbestos could be manufactured, imported, or processed in the U.S. and would further grant the agency the authority to prohibit or limit the use of asbestos. While the proposed SNUR is encouraging for many activists, it still remains the first instance the EPA has proposed such an action and those same groups remain skeptical that the agency will follow through with the proposal.

“These actions provide the American people with transparency and an opportunity to comment on how EPA plans to evaluate the ten chemicals undergoing risk evaluation, select studies, and use the best available science to ensure chemicals in the marketplace are safe,” said EPA Administrator Scott Pruitt. “At the same time, we are moving forward to take important, unprecedented action on asbestos.”

New Jersey State Judge Upholds $117 Million Plaintiff’s Verdict in Asbestos Talcum Powder Lawsuit

July 9, 2018 | Throneberry Law Group

A New Jersey judge recently upheld a substantial $117 million verdict in favor of two-plaintiffs in an asbestos talcum powder lawsuit against cosmetics and pharmaceutical giant Johnson & Johnson and its talc supplier Imerys Talc. The award, originally handed down in April 2018, included $30 million in compensatory damages, $7 million for loss of consortium, and $80 million for a husband and wife.

The Middlesex County Superior Court judge in New Brunswick, New Jersey refused to grant Johnson & Johnson’s petition to set aside the verdict, potentially setting up another appeal to a higher state court. The jury’s award found Johnson & Johnson 70% liable for the plaintiffs’ damages and determined Imerys to be responsible for the remaining 30%. That verdict was the second such in two months for the two defendants, with a subsequent verdict in May 2018 awarding a 68-year-old plaintiff over $25 million in damages.

The asbestos talcum powder lawsuit alleged that the husband in the case developed mesothelioma, a rare and deadly form of cancer, from years of using talc-based products sold by Johnson & Johnson with materials sourced by Imerys Talc. The plaintiff claimed that he used the product from 1973 until roughly 2003 without knowing it contained deadly asbestos fibers, information he claimed Johnson & Johnson knew but kept from the public.

Miami-Dade County Courthouse Secretary Files Asbestos Cancer Lawsuit

June 30, 2018 | Throneberry Law Group

A former secretary at the Miami-Dade courthouse recently filed an asbestos cancer lawsuit against the county claiming the hazards she was subjected to over the course of her employment are responsible for her medical conditions. As a result of her daily exposure to asbestos and mold, the plaintiff’s asbestos cancer lawsuit claims she was forced to undergo lung-extraction surgery and continues to undergo chemotherapy.

According to her asbestos exposure lawsuit, the plaintiff alleges that she started working at the now 90-year-old courthouse in 1994 before moving to another county building in Doral in 2005, where she also faced unsafe working conditions. The plaintiff contends that despite never being a smoker or in poor health, she developed her stage-two lung cancer as a result of exposure to asbestos and mold.

In 2016, the Miami-Dade County commissioner conducted a study on the courthouse and found that the building had not been inspected since 1988 and that recent tests detected the presence of asbestos in the structure. As a result of the report, the county undertook efforts to abate the courthouse of asbestos, but it remains unclear whether the project has been completed.

Talc Supplier Settles Claims with 22 Plaintiffs on Eve of Trial in Missouri

June 22, 2018 | Throneberry Law Group

A talc supplier for pharmaceutical and cosmetics giant Johnson & Johnson recently agreed to a settlement with 22 plaintiffs in an upcoming talcum powder cancer trial over allegations that the defendants’ talc-based products caused the victims’ cancer diagnosis. As part of the agreement, Imerys Talc SA will pay a total of at least $5 million, according to reports, to the plaintiffs to resolve the company’s liability in the case also involving Johnson & Johnson.

The settlement comes right before the start of a talcum powder cancer trial in U.S. District Court in Missouri pitting ovarian cancer victims who claim their decades of using talcum powder sold by Johnson & Johnson and sourced by Imerys caused their condition. With Imerys’ settlement, Johnson & Johnson remains the only defendant left in these particular, cases but the two parties face several thousand other lawsuits over claims that their talcum powder products caused cancer, including mesothelioma.