Mesothelioma Court Rulings & Legislation

J&J Files Third Bankruptcy Application to Resolve Mesothelioma and Ovarian Cancer Claims

October 18, 2024 | Throneberry Law Group

The giant pharmaceutical company Johnson & Johnson (J&J) is facing thousands of personal injury claims from people who blame the company’s talc products for ovarian cancer and malignant mesothelioma. After previously filing two bankruptcy claims and both claims being rejected by victims and courts, J&J recently made another attempt to file for Chapter 11 bankruptcy. The company hopes that the latest bankruptcy filing, which proposes a $10 billion compensation plan for victims and their families, will end litigation against it. So far, this third bankruptcy filing has received a vote of confidence from many victims.

When companies are hit with thousands of lawsuits alleging harm from their products, they face the risk of multi-million or even billion-dollar verdicts. Over the years, several ovarian cancer and mesothelioma victims who blame J&J’s talc-based products for their illnesses have been awarded multi-million dollar verdicts. Such financial judgments can be overwhelming. These substantial verdicts were the reason J&J pursued bankruptcy twice before. Bankruptcy provides a way for companies to manage and limit their financial exposure. By filing a Chapter 11 bankruptcy, also called reorganization bankruptcy, a company can propose a restructured plan to compensate victims and their families without having to pay out huge, unpredictable verdicts that could cripple the business financially. After a company files for Chapter 11 bankruptcy, the “automatic stay” halts ongoing litigation and prevents people from filing new cases. In the case of J&J, this third bankruptcy filing has stopped thousands of lawsuits from moving forward. If the bankruptcy is approved, the company can implement its proposed compensation plan.

Johnson & Johnson filed its first bankruptcy case in Charlotte, North Carolina, and the second case in Trenton, New Jersey. Both efforts were unsuccessful, as victims and courts rejected both cases. The third time, J&J filed its Chapter 11 bankruptcy case in Houston, Texas, immediately halting thousands of pending lawsuits. While J&J’s latest bankruptcy filing has garnered support from many victims with pending claims, the company still faces opposition from some victims and their attorneys, who are seeking higher compensation and more accountability from the pharmaceutical company.

Secondary Asbestos Exposure Blamed for Woman’s Mesothelioma

October 14, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as Mrs. I.L.L, and her husband will be referred to as Mr. A.C.L.

In this case, I.L.L. was diagnosed with malignant mesothelioma and died of the asbestos-related illness in 2023 at the age of 91. Mesothelioma is a rare and aggressive form of cancer that can develop decades after asbestos exposure. Mesothelioma involves tumors growing in the mesothelium (the tissue covering most internal organs). There are different types of mesothelioma: pleural mesothelioma (most common), peritoneal mesothelioma, pericardial mesothelioma, and testicular mesothelioma (least common). After I.L.L.’s diagnosis, she and her family filed a lawsuit against several asbestos companies.

According to Mrs. L’s lawsuit, she developed mesothelioma after suffering secondary asbestos exposure. Mrs. L’s illness came from laundering her husband’s work clothes. Mr. A.C.L., who worked at Avondale Shipyard, Louisiana, was a laborer, pipefitter, and welder whose work resulted in his clothes being covered in asbestos fibers. Mr. A.C.L. brought home asbestos fibers on his work clothes. Unfortunately, every night, Mrs. I.L.L. laundered the asbestos-contaminated work clothes. This meant that she was repeatedly exposed to asbestos fibers.

Man’s Mesothelioma Linked to Asbestos in Talc Used for Pleurodesis

October 12, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as Mr. B.Z.

In this case, a Utah resident, Mr. B.Z. Claims that his mesothelioma was caused by talc pleurodesis, a procedure that was meant to help him. Talc pleurodesis is a medical procedure that helps prevent fluid or air from accumulating in the pleural cavity. This medical procedure is for patients with respiratory issues such as malignant pleural mesothelioma. Many people have and continue to benefit from talc pleurodesis. Unfortunately, for B.Z., a procedure that was supposed to help him ended up causing him harm. According to Mr. B.Z., the talc used during his treatments in 2014 and 2020 resulted in him developing mesothelioma.

Over the years, many ovarian cancer and malignant mesothelioma patients have filed lawsuits against manufacturers and suppliers of cosmetic and industrial talc. These individuals have blamed these companies for acting negligently by failing to warn people about the presence of asbestos in their products and for distributing unsafe goods that can cause several health issues.

Asbestos in Gloves Blamed for Food Worker’s Mesothelioma

October 10, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as Mr. W.S.

In a recent Supreme Court decision, Justice Corcoran rejected a motion for summary judgment filed by a defendant accused of causing a deceased individual’s mesothelioma. In this case, the late W.S., who worked in the food industry, blamed his mesothelioma on the safety gloves he used at work. Mr. W.S. died in 2021, but before his death, he filed a lawsuit against the manufacturer of the gloves, Magid Glove and Safety Manufacturer. The defendant filed a motion seeking to have Mr. W.S.’s case dismissed, but the court denied their request.

Mr. W.S.’s case is not unique, as most people diagnosed with malignant mesothelioma blame their illness on years of being exposed to asbestos while at work. This is called occupational asbestos exposure. However, many other people develop mesothelioma after suffering secondary and environmental asbestos exposure. After years of working in the food industry and using safety gloves manufactured by Magid Glove and Safety Manufacturer, Mr. W.S. was diagnosed with mesothelioma, a rare and aggressive form of cancer that affects the mesothelium (the tissue lining most internal organs). His trial was scheduled to be held in March 2021 but was postponed due to the COVID-19 pandemic. Unfortunately, Mr. W.S. passed away in July 2021 before the resolution of his case. However, his case continued after his death, with his estate representative taking over.

Connecticut Mesothelioma Case Sheds Light on the Dangers of Talc

October 7, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as Mr. E.P.

A recent mesothelioma lawsuit in Connecticut has attracted significant attention and highlighted concerns over previously unknown dangers of talcum powder in consumer products, notably Johnson & Johnson’s (J&J’s) talcum powder products. In this case, a 64-year-old man is blaming J&J’s talcum powder products for his mesothelioma. E.P. claims that illness resulted from prolonged use of the giant pharmaceutical company’s talcum powder. The personal injury lawsuit filed in Bridgeport Judicial District Court is part of a growing number of legal actions against J&J. The company has faced numerous lawsuits related to its talc-based products.

Mr. E.P.’s lawsuit centers on his prolonged use of Johnson & Johnson’s talcum powder. Mr. E.P. claims that his mesothelioma diagnosis was a result of using J&J’s talcum powder products to soothe rashes he suffered from as a child due to his weight. In his lawsuit, E.P. said he continued using the product in his youth since he was an athlete. According to the lawsuit, the giant pharmaceutical company failed in its duty to warn consumers about the health risks associated with its talcum powder, which is alleged to contain asbestos.

Chicago Jury Awards $24.4 Million to Mesothelioma Victim’s Family in Lawsuit Against Avon Products

September 28, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as Mr. C.R.

In a recent court decision, a Chicago jury ordered Avon Products to pay $24.4 million to the family of Mr. C.R., a mesothelioma victim. Mr. C.R. is a former janitor who was diagnosed with mesothelioma in 2023. After his diagnosis, C.R. linked his illness to asbestos exposure during the 1980s when he was working at Avon in Morton Grove, Illinois. The lawsuit, which accused the company of negligently exposing C.R. to asbestos-containing talcum powder, was filed by C.R. and his family.

Mr. C.R. and his wife filed the lawsuit against Avon in April 2023, just a few months after receiving his mesothelioma diagnosis. C.R. was diagnosed with malignant pleural mesothelioma. Malignant pleural mesothelioma is a rare and aggressive form of cancer that affects the thin layer surrounding the lungs, known as the pleura. This illness is primarily caused by asbestos exposure. When asbestos is disturbed, it releases tiny fibers into the air. When inhaled or ingested, these fibers can get stuck in the pleura. Over time, they can cause inflammation and scarring. These processes can eventually lead to the development of mesothelioma tumors. Malignant pleural mesothelioma is the most common type, accounting for up to 90% of all mesothelioma diagnoses.

West Virginia Court Overturns Workers’ Compensation Board’s Mesothelioma Ruling

September 26, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as Mr. S.T.C. and his widow as Mrs. M.C.

In a recent court decision, the Court of Appeals of West Virginia overturned a worker’s compensation board’s mesothelioma ruling. Mr. S.T.C. died of malignant mesothelioma in October 2020. After Mr. S.T.C.’s passing, his widow, Mrs. M.C., filed a workers’ compensation claim against his former employer. However, the claim was denied. Mrs. M.C. challenged this decision before the workers’ compensation board, which upheld the administrator’s denial. Mr. S.T.C.’s widow refused to give up and filed an appeal with the Court of Appeals of West Virginia. This time, the decision was overturned. Mrs. M.C.’s workers’ compensation claim was returned for further consideration.

Mrs. M.C. presented a strong case to the workers’ compensation board. She had strong evidence showing the asbestos exposure that led to Mr. M.C.’s illness. The widow presented a comprehensive collection of documents, including a statement that her late husband prepared before his passing. In his statement, Mr. S.T.C. explained his employment history and the duties he performed, which involved working closely with asbestos-contaminated materials. Mrs. M.C. also provided an affidavit from one of her late husband’s supervisors, as well as technical details from equipment manuals and physician testimonies that supported the link between her late husband’s work environment and his illness.

A Senior Living Facility Fined Over $1 Million in Fines for Asbestos Violations That Risked Mesothelioma

September 24, 2024 | Throneberry Law Group

Mesothelioma is a rare and aggressive form of cancer that develops after someone suffers asbestos exposure. Asbestos is a substance that was widely used many years ago due to its qualities. However, as much as asbestos is no longer widely used, legacy asbestos remains a huge concern. Legacy asbestos is asbestos-containing materials installed in buildings, products, or equipment before the 1980s. Asbestos was commonly used in construction and manufacturing due to its fire-resistant and insulating qualities. Buildings containing materials installed before the use of asbestos started being regulated may still contain asbestos, posing risks during renovations and demolition. Asbestos activists and mesothelioma advocates are constantly warning people of the dangers of legacy asbestos. Recent happenings in California show that these concerns are warranted. A senior living facility in California was recently fined $1,125,000 in fines for failing to test for asbestos in its homes.

Malignant mesothelioma is often diagnosed in individuals who were exposed to asbestos many years ago when it was still frequently used. This illness can be diagnosed up to 60 years or more after asbestos exposure. However, while mesothelioma is no longer widely used, it continues to pose significant risks. Buildings and machinery built and sold before 1980 may still contain asbestos. Despite stringent laws about asbestos management, many people ignore these rules to cut costs or avoid delays. This puts many people at risk of developing mesothelioma and other asbestos-related illnesses.

Covia Communities, renamed Front Porch, knew about the dangers of asbestos exposure. However, despite knowing this, the senior living facility developer renovated its facilities without adhering to asbestos regulations. The developer did not obtain building permits or test for asbestos. Asbestos laws require building materials to be sampled and tested before renovation or demolition work can commence.

Talc Supplier’s Arguments Fail in Mesothelioma Case

September 18, 2024 | Throneberry Law Group

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

In a recent court decision, the Supreme Court of New York rejected a talc supplier’s motion for summary judgment. This case centers around a woman who we will refer to as L.G. in this article. L.G. was diagnosed with malignant mesothelioma after years of using talc powder products. Kolmar Laboratories, the manufacturer of the products, was named as one of the defendants in L.G.’s negligence claim. Kolmar Laboratories petitioned for removal from the lawsuit, but the company’s arguments failed. The case will move forward for a jury to weigh the evidence.

After L.G. was diagnosed with malignant mesothelioma, she traced the cause of her illness to the Johnson & Johnson talc powder products she had used for many years. Malignant mesothelioma is a form of cancer that affects the thin tissue lining most internal organs, known as the mesothelium. Mesothelioma is a rare form of cancer. In the United States, around 3,000 new mesothelioma cases are diagnosed yearly. This illness is primarily caused by asbestos exposure. Asbestos is a naturally occurring mineral whose fibers are strong and heat resistant. This made asbestos useful in a wide variety of applications. When asbestos is disturbed, tiny fibers are released into the air, which can get stuck in the mesothelium after being inhaled or ingested. Over time, a person may suffer inflammation and scarring, leading to the development of malignant mesothelioma. Kolmar Laboratories manufactured the Johnson & Johnson products that L.G. used. Because of this, Kolmar was named as one of the defendants in L.G.’s mesothelioma claim.

Mesothelioma Researcher Wins Legal Battle Against Johnson & Johnson

September 16, 2024 | Throneberry Law Group

A significant legal victory was recently achieved when a federal judge dismissed a lawsuit filed by Johnson & Johnson (J&J) against a mesothelioma researcher. For long, mesothelioma victims have encountered challenges when trying to hold companies liable for their asbestos exposure. Many asbestos companies have defended themselves by challenging scientific evidence. Often, these companies argue that there is no conclusive proof that asbestos exposure causes mesothelioma. They focus on the methods and data and refuse to accept responsibility. Most recently, J&J filed a lawsuit against a mesothelioma scientist whose research suggests that talc-based consumer products can cause cancer. However, the judge dismissed the giant pharmaceutical company’s suit, emphasizing the researcher’s right to free speech. The judge also found no evidence to show that the researcher’s findings were false.

J&J has faced tens of thousands of lawsuits filed by victims of mesothelioma and ovarian cancer who used the company’s talc-based baby powder. The victims blame the talc-based baby powder for their asbestos exposure, which, in turn, caused their illnesses. The claimants argue that J&J failed to adequately warn consumers about the potential dangers associated with their product. In response to the lawsuits against them, J&J has employed several strategies, including creating a subsidiary, LLT Management, that proceeded to file for bankruptcy. The company has also filed lawsuits against researchers, including one prominent mesothelioma researcher, Dr. Jacqueline Moline.

Plaintiffs have presented internal J&J documents describing fears over the company’s talc’s connection to cancer. Despite this, the company still filed lawsuits against several researchers. Johnson & Johnson has not only attacked the researchers’ studies but has also accused one of the researchers, Dr. Jacqueline Moline, of libel, fraud, and false advertising in connection to the paper she published that connects asbestos-containing talcum powder products to mesothelioma.