Mesothelioma Court Rulings & Legislation

An Illinois Court Orders Johnson & Johnson and Two Subsidiaries to Pay $45 Million for Mesothelioma Death

June 1, 2024 | Throneberry Law Group

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

In a recent court case, a jury found Johnson & Johnson and two subsidiaries liable in the mesothelioma-related death of T.G., who was a mother of six and a grandmother and awarded the surviving family members $45 million in damages. T.G.’s case and the cases of many others suffered delays when J&J filed bad faith bankruptcies in an attempt to try and avoid liability. These bankruptcy filings stayed litigation in this particular case and thousands of other cases. The lifting of the hold allowed the case of T.G. and many other cases to finally begin being heard across the country. The decision, in this case, gives hope to the others who continue to fight for justice.

There are thousands of mesothelioma lawsuits pending against Johnson & Johnson. The lawsuits accuse the company of continuing to sell its famous baby powder despite knowing that its talc was asbestos-contaminated. Asbestos is a dangerous substance that can cause several fatal illnesses, including mesothelioma. All the victims and survivors are seeking accountability for the devastating consequences of asbestos exposure.

Court Denies Government’s Petition for Dismissal in Puget Sound Naval Shipyard Mesothelioma Case

May 31, 2024 | Throneberry Law Group

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

In a recent mesothelioma case, the district court dismissed the U.S. Government’s second petition for dismissal. G.R.P., who passed away due to malignant mesothelioma, a type of cancer that is caused by asbestos exposure, lived for many years downwind from Puget Sound Naval shipyard, the worksite where her husband worked. According to G.R.P.’s family, her mesothelioma and resulting death occurred due to airborne asbestos fibers that found their way to her home from the shipyard. The family also blames G.R.P.’s illness and death on the asbestos fibers that her husband brought home on his clothes. According to the family, G.R.P. suffered asbestos exposure while cleaning her husband’s asbestos-contaminated clothes. G.R.P.’s family filed a lawsuit against the United States Government. The U.S. Government recently filed its second petition to have the case dismissed, but the petition was denied.

The original lawsuit filed by G.R.P.’s family in 2022 describes how G.R.P. suffered asbestos exposure due to negligence at the Puget Sound Naval Shipyard where her husband worked. The original lawsuit details that G.R.P. suffered asbestos exposure due to her husband carrying the fibers home on his work clothes and the airborne asbestos fibers that blew to her home from the shipyard. In other words, G.R.P. suffered environmental and para-occupational asbestos exposure. Para-occupational exposure can also be referred to as second-hand or secondary exposure. G.R.P.’s husband worked at the shipyard from the late 1960s until 1972.

Court Denies Railway’s Request for Sanctions

May 20, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as Ms. M.D.M.

Many years have passed since asbestos fibers that originated from vermiculite mines blew around Libby, Montana. Vermiculite and asbestos form under similar conditions, and therefore, asbestos contaminated Libby’s vermiculite deposit. Decades of mining in the vermiculite mines exposed workers and residents to toxic asbestos. Asbestos is a dangerous substance that can cause aggressive and fatal diseases. One of the most aggressive and fatal illnesses asbestos causes is mesothelioma. Decades after asbestos fibers blew around Libby, Montana, the tragic toll of mesothelioma and other asbestos-related illnesses persists. Victims and their families continue to seek justice and compensation against the entities responsible for their illnesses and deaths. In an upcoming court case, the family of a mesothelioma victim who passed away avoided sanctions BNSF Railway, the defendant, was seeking. BNSF was seeking sanctions because the family had cremated their loved one’s remains before they could get additional tissue samples for testing. Below is more on this case.

Among the many ongoing cases in Libby, Montana, is Ms. M.D.M. Ms. M’s case against MNSF Railway was filed two years ago. Initially, the defendant received tissue samples from Ms. M’s lung, but BNSF asked for more samples. The defendant asked the victim’s family to preserve her organ tissues in the event of death. However, the family did not respond to this request until days before Ms. M.D.M.’s death. According to the family, they could not accept the defendant’s request because of religion. Also, the family cited privacy concerns.

Court Denies Talc Company’s Appeal of Mesothelioma Verdict

May 15, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as Mrs. S.R., and the victim’s daughter will be referred to as Mrs. H.F.

In a recent case, the Superior Court of Pennsylvania rejected the appeal of AII, one of the defendants in the original mesothelioma case, and affirmed a $400,000 compensation award. However, instead of assigning AII half of the verdict, the court distributed liability among AII and two other defendants. Below is more on this case.

In 2019, Mrs. S.R. died of malignant mesothelioma. Mesothelioma is a form of cancer that forms in the lining of the chest or abdomen, whose prognosis is often poor. This illness is most commonly associated with asbestos exposure. Asbestos is a mineral that was once widely used in several industries due to its attractive qualities. After Mrs. S.R.’s death, her daughter H.F. filed a legal claim against the entities she blamed for her mother’s illness. Mrs. H.F. blamed her mother’s mesothelioma on the talcum powders she used in her salon between the 60’s and 80’s. According to the lawsuit, the talc in the powders contained asbestos. The lawsuit named several defendants, including the manufacturers of Jean Nate, Jeris, and Clubman and AII, the successor to Clubman.

A New York Judge Permits Two Mesothelioma Claims to Be Consolidated

May 1, 2024 | Throneberry Law Group

For purposes of this article, the victims in this case will be referred to as K.L. and P.J.

Mesothelioma is an aggressive form of cancer that takes the lives of many people every year. Surviving loved ones of people who die from mesothelioma are usually left dealing with intense grief and loss. While filing a wrongful death claim cannot undo what has already happened, filing this claim serves several crucial purposes. Filing a wrongful death claim ensures that those who contributed to the asbestos exposure that led to the death are held liable. A wrongful death claim can provide financial support to surviving family members. Additionally, by pursuing a wrongful death claim, surviving family members can contribute to the prevention of future harm.

However, pursuing legal action after a loved one dies from mesothelioma can be a daunting and emotionally draining process. Therefore, the idea of joining mesothelioma claims can be very appealing. Asbestos companies do not like it when people join mesothelioma claims since two claims carry more weight than one. Asbestos companies fight to prevent claimants from joining forces. However, a recent ruling by a New York judge has allowed two mesothelioma cases to be joined, paving the way for mesothelioma victims and their loved ones to consolidate their claims.

Understanding OSHA’s Asbestos Standards and Regulations for Workplaces

April 25, 2024 | Throneberry Law Group

Asbestos is a naturally occurring mineral that was widely used many years ago due to its strength and ability to resist heat and corrosion in many industries, including construction, automotive, shipbuilding, manufacturing, and textiles. Despite its attractive qualities, asbestos is a dangerous mineral. Asbestos exposure can cause cancer and other serious illnesses. While asbestos exposure can occur anywhere, the most common type of asbestos exposure occurs in occupational settings.

The dangers of asbestos have long been recognized, leading regulatory bodies like the Occupational Safety and Health Administration (OSHA) to implement strict measures to keep employees safe from developing asbestos-related diseases, such as mesothelioma. Unfortunately, some employers don’t follow safety guidelines, putting employees at risk. Below, we discuss OSHA’s asbestos standards and regulations for workplaces, workers’ rights, and what recourse is available for affected workers.

OSHA Asbestos Standards and Regulations for Workplaces

What Happens After a Mistrial in a Mesothelioma Case?

April 22, 2024 | Throneberry Law Group

Being diagnosed with mesothelioma is traumatic enough. The last thing a claimant in a mesothelioma lawsuit wants is for the judge presiding over their case to declare a mistrial and for things to go back to square one. Unfortunately, while mistrials in mesothelioma lawsuits do not happen a lot, a mistrial can happen. In this article, we discuss what a mistrial is, what can cause a mistrial, and what happens after a mistrial.

What is a Mistrial?

A mistrial arises when a court case is ended before its conclusion. Generally, a mistrial occurs if a lawsuit is not presented properly or the trial is not fair. A mistrial is typically declared by the judge presiding over the case. A judge has the authority to decide to declare a mistrial if the situation warrants a mistrial. A mistrial in a mesothelioma case can cause emotional strain, financial uncertainty, and delays in justice. However, a mistrial in a mesothelioma case does not necessarily mean that justice will not be served. It does not necessarily mean that the claimant will not recover compensation.

A South Carolina Jury Awards a Mesothelioma Widow $1.75 Million in Compensation

April 2, 2024 | Throneberry Law Group

For purposes of this article, the deceased victim, in this case, will be referred to as Mr. C.B., and his surviving spouse as Mrs. M.B.

In a recent court decision, a South Carolina jury awarded a mesothelioma widow $1.75 million in compensation. The jury’s decision held the defendant, John Crane, Inc., accountable for negligence in the mesothelioma victim’s untimely death.

The mesothelioma victim’s widow, Mrs. M.B., filed a claim against John Crane, Inc., and accused the company of having irresponsibly exposed her late husband, Mr. C.B., to asbestos-contaminated gaskets when he was working at the Celanese factory in the maintenance department. According to the widow, the gaskets that were used in Celanese’s processes only lasted for a short time before wearing out. After they wore out, the gaskets would be taken to Mr. C.B.’s department, where their residue would be scraped off to allow for the installation of new gaskets. It was during this process that Mr. B would inhale the asbestos dust, which later led to the development of his illness.

Court Denies Asbestos Defendant Westinghouse’s Request to Be Dismissed From Litigation

March 6, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as R.M., and the victim’s husband as T.M.

After a person develops mesothelioma, they or their loved ones can file a mesothelioma claim on their behalf and seek justice and financial compensation from the party or parties responsible for the asbestos exposure. One of the first crucial steps before filing a mesothelioma case is identifying all the parties responsible for the asbestos exposure. Often, people are exposed to asbestos from multiple sources. Identifying all defendants is vital to ensuring that victims or their families can recover the maximum compensation. Also, identifying all defendants promotes fairness. It ensures that each party responsible for the asbestos exposure is held accountable. However, after identifying all the parties responsible for the asbestos exposure and filing a claim, it is not uncommon for some defendants to deny liability and request the court to drop them from litigation.

In a recent case, the judge denied a co-defendant’s request to be dropped from litigation. The defendant, Westinghouse Electric Corporation, asked the court to drop them from litigation on the grounds that the company they supplied the asbestos-containing materials to did not need any warning about the dangers of asbestos since it was a “sophisticated user.” The claimant and the other defendant opposed this action, and the judge denied the request.

Fireproofing Materials Used in World Trade Center Alleged to Cause Mesothelioma

February 19, 2024 | Throneberry Law Group

For purposes of this article, the widow in this case will be referred to as Mrs. M.B.R., and the late husband will be referred to as Mr. R.

In a recent legal battle in the New York Supreme Court between a mesothelioma widow and Arconic, Inc., the judge presiding over the case denied Arconic’s motion to dismiss the claim against them. Arconic, Inc. is just one of the multiple companies named in the personal injury claim. According to Mrs. M.B.R., the defendants are responsible for having exposed her late husband to asbestos.

Mrs. M.B.R.’s late husband used to work at the World Trade Center construction site. According to the mesothelioma widow, during the time her husband worked at the World Trade Center construction site, the Arconic’s fire-proofing spray her husband worked with led to him being exposed to asbestos, which, in turn, led to him developing mesothelioma. Mesothelioma is a cancer that occurs in the mesothelium (the thin tissue covering most of your internal organs). Arconic, Inc. did not take these allegations lightly and decided to counter the accusations by filing a motion to dismiss with the court. According to Arconic, they stopped using asbestos-containing products after 1970. The company argued that Mr. R started working at the World Trade Center after the company had stopped using asbestos-contaminated products.