Mesothelioma Court Rulings & Legislation

New Jersey Jury Hits Johnson & Johnson with $37 Million Verdict in Asbestos Talcum Powder Lawsuit

April 9, 2018 | Throneberry Law Group

A New Jersey state jury recently handed down a substantial verdict in favor of the plaintiff in a groundbreaking talcum powder asbestos cancer lawsuit filed against pharmaceutical giant Johnson & Johnson. After weeks of testimony, the jury awarded the plaintiff $37 million in damages to the plaintiff who claimed he developed mesothelioma after years of inhaling asbestos-contaminated talc products produced by the defendants.

The Middlesex Superior Court jury determined that Johnson & Johnson was 70% responsible for the plaintiff’s mesothelioma diagnosis and France-based talc supplier Imerys was liable for the remaining 30% of damages. The verdict came on the first full day of deliberations after two months of testimony in which both sides argued vigorously for their positions and multiple expert witnesses were called to testify.

During the trial, Johnson & Johnson’s defense lawyers argued that the plaintiff could have contracted mesothelioma from various other sources. It noted that the house in Montclair, New Jersey where the plaintiff grew up once had asbestos-wrapped pipes and that the public schools attended were also treated for asbestos at some point in the past. Fortunately, jurors sided with the plaintiff and his wife and awarded them the appropriate amount of compensation for their damages.

Connecticut Chemical Company Settles Asbestos Cancer Lawsuit

April 2, 2018 | Throneberry Law Group

More than five years after filing an asbestos cancer lawsuit on behalf of her deceased husband, a New York woman has finally received justice on his behalf after the defendants in the case agreed to settle the matter. The resolution to the mesothelioma cancer lawsuit came after three days of jury selection in a St. Lawrence County Court. Opening arguments were slated to begin the day of the settlement.

According to the mesothelioma lawsuit, the victim worked at Jones & Laughlin Steel Co. in Star Lake and at Gouverneur, New York and developed his disease after years of exposure to asbestos contained in talc products distributed by the defendants. The defendants included R.T. Vanderbilt Co. Inc. which operates a minerals division manufacturing facility in Gouverneur, and Newton Falls LLC.

The lawsuit accused R.T. Vanderbilt Co and other defendants of knowingly engaging in the sale and distribution of minerals that were contaminated with asbestos, a flaky white mineral that is directly linked to causing mesothelioma. Although rare, mesothelioma is a deadly form of cancer that commonly affects the thin linings of tissue surrounding vital organs like the lungs and abdominal cavity.

New Jersey Appeals Court Revives Asbestos Cancer Lawsuit Against Scotts Turf Builder

March 19, 2018 | Throneberry Law Group

A panel of judges for the New Jersey Superior Court’s Appeals Division recently revived a lawsuit brought on behalf of a man who claimed he developed mesothelioma from years of exposure to asbestos in lawn fertilizer made by Scotts. As part of their ruling, the three-judge panel determined that the lower trial court erred when it failed to reverse its order granting summary judgement to the defense after new evidence came to light. With that order, the plaintiff has hope that the trial court will grant it the opportunity to convene a new trial and give the plaintiff a chance to recover the vital compensation necessary to be made whole again.

The case began in July 2012 when a man from Wayne, New Jersey filed suit against Scotts, claiming that from 1967 to 1980 he was repeatedly exposed to asbestos contaminated vermiculite contained in the company’s Turf Builder lawn fertilizer. The mesothelioma cancer lawsuit claimed that the vermiculite Scotts manufactured its Turf Builder with was sourced from a now infamous mine in Libby, Montana, which is the root of hundreds and potentially thousands of other lawsuits against the mine’s former owner.

As the case made its way through the civil lawsuit process, the trial judge hearing the case dismissed the testimony of four expert witnesses for the plaintiff who would have testified to the victim’s claims that Scotts Turf Builder contained asbestos. As a result, the defendants successfully argued a motion for summary judgement in January 2014, which effectively threw out the case and left the plaintiff with limited access to justice.

Missouri State House Passes Bill to Limit Compensation for Mesothelioma Cancer Victims

March 16, 2018 | Throneberry Law Group

The Missouri state House of Representatives recently approved legislation that could impact the amount of compensation mesothelioma cancer victims could receive for their claims when filing lawsuits against defendants. With Missouri juries handing down substantial verdicts to plaintiffs harmed by the deadly products developed by asbestos companies, lobbyists for the business and insurance companies have long eyed the state for so-called “tort reform” to limit compensation to plaintiffs.

As part of the effort to limit plaintiffs’ access to justice, the Missouri House approved a bill meant to force mesothelioma plaintiffs to disclose whether or not they have filed administrative claims with asbestos bankruptcy trusts. The Missouri Senate is expected to take up the legislation soon and the state may join a growing list of other states that have already passed these asbestos claims transparency laws promulgated by the likes of pro business and insurance lobbyists like the Chamber of Commerce and Industry.

Asbestos bankruptcy trusts were created by companies that were no longer solvent but needed a way to release themselves from legal liability in order to qualify for federal bankruptcy protections. Asbestos companies set aside tens of billions of dollars for mesothelioma cancer victims to file administrative claims with and are often seen as a much more expedient way for plaintiffs to receive the compensation they need to pay for vital medical treatment.

Indiana, Kansas latest states considering asbestos claims limits

March 13, 2018 | Throneberry Law Group

Legislation that would limit asbestos lawsuits continues to make the rounds throughout the country with Indiana and Kansas lawmakers being the latest to consider it. Created by conservative organization the American Legislative Exchange Council (ALEC), the bill in similar formats has been enacted in 12 other states.

Critics charge that such legislation is unfair to terminally-ill cancer victims who were exposed to the fire-resistant asbestos while on the job. If the bill is enacted, they would not be able to sue a manufacturer after more than 10 years had elapsed since being exposed to asbestos. However, asbestos-related diseases are seldom diagnosed within 10 years of exposure.

Mesothelioma: a usually fatal cancer

Michigan Lawmakers Pass Bill Restricting Access to Justice for Mesothelioma Victims

February 26, 2018 | Throneberry Law Group

Michigan state lawmakers recently passed legislation that could severely restrict access to justice for mesothelioma cancer victims seeking their day in court to recover vital compensation and hold asbestos companies responsible for their dangerous products. The 58-51 vote, along party lines, passed the Asbestos Bankruptcy Trust Claims Transparency Act as a means to prevent so-called “double dipping” by plaintiffs seeking to recover the compensation they need to pay for medical bills and lost wages.

In some states, mesothelioma cancer victims have the option to file administrative claims with asbestos bankruptcy trusts set up by companies wthat sought federal bankruptcy protections but still needed to fund settlements for future liabilities. Michigan is one of numerous states that recently passed similar legislation forcing plaintiffs in civil lawsuits against solvent parties to disclose whether or not they have filed claims with any asbestos bankruptcy trusts.

Unfortunately for plaintiffs, the law also has another built-in component designed to deny and delay otherwise meritorious claims Under the bill, if the defendant in an asbestos action identified an asbestos trust claim not previously identified that the defendant thinks the plaintiff could file, the defendant could request a stay of the proceeding.

Congresswoman Introduces Legislation to Protect Children from Asbestos in Makeup

February 13, 2018 | Throneberry Law Group

Michigan Congresswoman Debbie Dingell recently introduced legislation to protect children from the hidden dangers in makeup products recently pulled from store shelves after news investigations revealed the contaminated merchandise was circulating in popular stores. The legislation, dubbed the Children’s Product Warning Label Act of 2018, would impose new labeling requirements on all cosmetic products marketing to children and inform consumers whether or not the items have been properly vetted.

If passed, the Children’s Product Warning Label Act of 2018 would require cosmetics companies to include a warning label that the product has not been evaluated for asbestos contamination unless certain testing is performed. This includes the manufacturer attesting in writing to the Secretary of the FDA that the source of the cosmetic products comes from an asbestos free-mine, and that they demonstrated to FDA that the product is asbestos-free using the transmission electron microscopy method.

“Parents across the country should have the peace of mind in knowing that the cosmetics they buy for their children are safe. Yet we were all stunned when the retailer Claire’s pulled 17 products from their shelves after asbestos was found in cosmetics marketed to children, including glitter and eye shadow,” said Dingell. “No child should be exposed to asbestos through the use of common, everyday products.”

First Talcum Powder Asbestos Cancer Lawsuit Trial in New Jersey Begins

January 27, 2018 | Throneberry Law Group

Jury selection has begun in the first talcom powder asbestos cancer lawsuit against Johnson & Johnson in New Jersey, with opening statements expected to be made a few days later. Legal experts across the country will be keeping an eye on the case after a California jury sided with the defense in a similar case alleging that Johnson & Johnson’s asbestos-contaminated talcum powder products caused a female plaintiff’s mesothelioma cancer.

According to the mesothelioma cancer lawsuit, filed in Middlesex County Superior Court, the plaintiff developed mesothelioma as a result of using Johnson & Johnson’s talc-based products, Baby Powder and Shower to Shower. The plaintiff claims that she inhaled asbestos fibers from the contaminated products produced by the defendants and that they knew the products to contain asbestos but chose not to warn users.

In their response to the lawsuit, the defendants denied liability for the plaintiff’s injuries, claiming that faulty tests on their products revealed false positives showing the presence of asbestos. Johnson & Johnson recently had a successful defense of a similar asbestos talcum powder cancer claim in California and the plaintiff’s attorney secured a substantial $22 million jury verdict against Imerys Talc America, Inc. and Vanderbilt Minerals, LLC in California state court.

Children’s Makeup Recalled Due To Asbestos Concerns

January 16, 2018 | Throneberry Law Group

A parent purchasing a fun item for their child expects it to be safe. That’s why many were shocked to hear that about a retail chain store recently recalled several products after concerns about asbestos were brought to light.

Claire’s Stores Inc. recalled at least nine make-up items last month from their shelves following claims that some of their children and teen products contained traces of asbestos. A concerned Rhode Island mother voiced the concern that was confirmed by a lab test. She also happens to be an employee of a law firm that deals with asbestos-related cases.

The mother says that she decided to take some of the makeup she had bought for her daughter to a lab for testing, and to her surprise, the glittery makeup had traces of asbestos. Asbestos is a dangerous substance that known to cause cancer. If inhaled or swallowed, the detected asbestos can lead to both lung damage and cancer. This type of asbestos is also known to cause mesothelioma, a deadly form of cancer.

Mesothelioma Victim’s Widow Takes Appeal to Missouri Supreme Court

January 2, 2018 | Throneberry Law Group

A Missouri Appeals Court recently transferred what could be a precedent setting mesothelioma cancer claim to the state Supreme Court after the court determined that the two sides presented constitutional challenges to Missouri’s 2014 law governing mesothelioma workers’ compensation claims. Filing on behalf of her deceased husband, the plaintiff seeks over $500,000 in benefits under Missouri’s new law for herself and children as dependents while the defendants argue that because the victim’s asbestos exposure took place before the new statute took effect it should not be liable to pay benefits.

According to documents filed with the Missouri Court of Appeals, for 30 years the victim worked as a vinyl tile installer and was repeatedly exposed to asbestos using a material called “cut back,” which is a vinyl adhesive. Many years after retiring, the victim suffered a serious coughing fit in November 2017 and was hospitalized with what doctors ultimately diagnosed as complication from mesothelioma cancer.

In February 2015, the victim filed a workers compensation claim against his employer but succumbed to the diseased while the outcome was still pending. The victim’s spouse then filed an amended complaint listing herself as a dependant and eight children as survivors to receive his benefits. The plaintiff filed her claim under Section 287.200.4 of the Missouri Code which is “for all claims filed on or after January 1, 2014, for occupational diseases due to toxic exposure which result in a permanent total disability or death.”