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Mesothelioma Victim Wins Case Against Honda Motors

December 22, 2024 | Throneberry Law Group

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

In a recent court decision, a mesothelioma victim prevailed against North American Honda Motor Co. Inc (Nissan) and was awarded $600,000 in damages. After M.C.W. was diagnosed with mesothelioma, he and his wife filed a personal injury lawsuit against several defendants he blamed for having exposed him to asbestos. Mesothelioma is an aggressive and fatal form of cancer that is caused by asbestos exposure. After hearing his case, a New York jury awarded him $300,000 for past pain and suffering and an additional $300,000 for future pain and suffering.

Mr. W’s case followed a pattern that is familiar to many mesothelioma victims. In many cases, mesothelioma victims face asbestos exposure from multiple sources. In M.C.W.’s initial lawsuit, he named several high-profile companies, including BMW of North America, American Honda Motor Company, American Biltrite, Ford Motor Company, Amchem Products, and General Electric. Some of these cases were dismissed during legal proceedings after the defendants filed petitions for summary judgment. Others were resolved through out-of-court settlements, which is how most mesothelioma claims are resolved. In the end, the only remaining defendant was Nissan.

What Happens if You File Your Mesothelioma Lawsuit After the Statute of Limitations Has Expired?

December 15, 2024 | Throneberry Law Group

After a mesothelioma diagnosis, the victim or their family can file a lawsuit against the parties they blame for the asbestos exposure that led to the diagnosis. However, filing a mesothelioma lawsuit after the statute of limitations has expired can greatly affect the outcome of the case. A statute of limitations is a law that sets the length of time claimants have to file their lawsuits. Failing to file your mesothelioma lawsuit within the statute of limitations can lead to the dismissal of your case. It can lead to you losing your right to seek compensation regardless of the strength of your case. Read on to learn more!

What Is a Mesothelioma Statute of Limitations?

A mesothelioma statute of limitations defines how much time a patient or their family (in case the victim passes away) has to file a lawsuit. The statute of limitations for mesothelioma lawsuits varies from state to state. In the U.S., the statute of limitations for mesothelioma cases ranges from one to six years. Many states have a mesothelioma statute of limitations of two years.

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.

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.

Why is it Important to Get the Best Medical Care After a Mesothelioma Diagnosis?

October 20, 2023 | Throneberry Law Group

Getting diagnosed with mesothelioma is one of the worst things in life. A mesothelioma diagnosis can change the patient’s and their family’s life. With a mesothelioma diagnosis comes the uncertainty of what will happen in the future. A mesothelioma diagnosis can also result in financial concerns. While there is still no cure for mesothelioma, there are several treatment options, and the reality is that mesothelioma treatment is not cheap. The cost of mesothelioma treatment can range from tens of thousands to millions of dollars. However, the most crucial thing a mesothelioma patient can do for themselves and their family is to get the best medical care. There are options that can help cater to mesothelioma treatment costs. If a patient’s mesothelioma can be traced to asbestos exposure and the exposure occurred because of another party’s negligence, the patient may be able to file a compensation claim against the liable party or parties and recover financial compensation.

Treatment Options for Mesothelioma

Some of the treatment options for mesothelioma include chemotherapy, radiation therapy, immunotherapy, and surgery. Many more treatment options are being tested in clinical trials, and hopefully, a cure will be found one day.

The Court of Appeals of Washington Rejects Caterpillar’s Arguments and Allows Navy Veteran’s Widow to Recover $4.5 Million Award

July 22, 2023 | Throneberry Law Group

For purposes of this article, the deceased Navy veteran will be referred to as E.E.

In a recent mesothelioma case, the Court of Appeals of Washington rejected arguments that Caterpillar presented and allowed a Navy veteran’s widow to recover a $4.5 million jury award. Before Navy veteran E.E. died of mesothelioma, he and his wife filed a legal claim against several companies they blamed for the illness. E.E. and his wife claimed that E.E. suffered asbestos exposure because of working with asbestos-contaminated pipe insulation while serving aboard the USS Curtiss. The USS Curtiss was the first purpose-built seaplane tender made for the U.S. Navy. E.E. and his wife also claimed that between 1955 and 1967, E.E. suffered asbestos exposure while working for several employers as a mechanic doing maintenance work on Caterpillar bulldozers. Apart from Caterpillar Inc., all the companies that were sued settled the claim out of court. Caterpillar Inc. filed a motion for summary judgment, but the court denied it. This resulted in the case against Caterpillar Inc. proceeding to court.

Unfortunately, the Navy veteran died before his case could be concluded. Fortunately, before E.E. passed away, he recorded a deposition about how he was exposed to asbestos. So in court, the jury listened to this testimony. The jury also listened to testimony from some expert witnesses and a corporate representative of the defendant. After listening to all testimonies, the jury members decided to award approximately $6.5 million in damages. E.E.’s estate was awarded $331,928 for economic damages and $3 million for E.E.’s pain and suffering. E.E.’s wife was awarded $2 million for loss of consortium, and E.E.’s children were awarded a total of $700,000. The $6.5 million award was offset by $1.5 million for other settlements that had already been reached, so in the end, the award stood at $4.5 million.

Some Crucial Things to Know About Mesothelioma Claims

July 1, 2023 | Throneberry Law Group

A mesothelioma claim is a legal action that allows mesothelioma patients and their families to recover compensation for the harm suffered. When someone develops mesothelioma because of another party’s negligence, they or their family can file a legal claim and recover financial compensation. Mesothelioma is an illness that occurs after someone is exposed to asbestos. This illness develops after loose asbestos fibers are inhaled or ingested.

If you believe you have a mesothelioma claim, there are some things you need to know about mesothelioma claims. Below, we discuss three crucial things you need to know about mesothelioma claims.

Types of Mesothelioma Claims

Questions to Ask After a Mesothelioma Diagnosis

February 12, 2022 | Throneberry Law Group

If you just learned that you have mesothelioma, there is a lot you need to know, and so it is understandable if you have a lot of questions on your mind. It is vital that you ask your cancer care team all those questions. You should ask all questions without worrying that a question is irrelevant or small. When it comes to mesothelioma, no question is small or irrelevant. Mesothelioma is a complicated and aggressive disease, so it is crucial that you ask all the questions you can think of. If you cannot get an answer to a question, ensure you keep pushing for an answer.

However, although no question is small or irrelevant, it is crucial that you ask certain questions. The following are some of the specific questions the American Cancer Society recommends asking after being told you have mesothelioma;

What type of mesothelioma am I suffering from?

ADAO and its Allies Score Big Win as EPA Agrees to Broader Asbestos Risk Evaluation

October 22, 2021 | Throneberry Law Group

Across separate settlements, the U.S. Environmental Protection Agency (EPA) commits to accelerate and strengthen asbestos risk reevaluation under the Toxic Substance Control Act (TSCA). On October 13, 2021, the Asbestos Disease Awareness Organization (ADAO), an organization dedicated to preventing asbestos exposure, said that the organization and its allies had reached settlements with EPA regarding the toxic mineral that causes mesothelioma. These settlements come after a heated legal battle over a contentious risk assessment. ADAO and its allies have been pushing for a comprehensive second risk evaluation for asbestos for some time now and are glad they struck these settlements with the EPA. According to the president and co-founder of ADAO, Linda Reinstein, a more robust and comprehensive evaluation will better document the massive harm asbestos continues to cause in America.

As per the deal, the Environmental Protection Agency will finish the second risk assessment by December 1, 2024. The second risk evaluation is expected to address the deficiencies in the first risk evaluation. In an agreement, the EPA agreed to, among other things;

Expand its second risk evaluation to include all six asbestos fiber types instead of only chrysotile asbestos.

Court Allows Mesothelioma Cancer Lawsuit to Proceed Against Retailer

May 9, 2021 | Throneberry Law Group

A New York state court recently issued an important ruling in an asbestos cancer lawsuit preventing one of the defendants from attempting to have itself removed from the case and potentially escape liability for its role in the victim’s cancer diagnosis. With the court’s ruling, defendant retailer Lot Less will remain as a defendant to the case while the plaintiff proceeds with the information gathering phase of the litigation in order to establish exactly what the business knew about the safety of the products it sold to consumers like the victim in this case.

According to the mesothelioma cancer lawsuit, filed in the Supreme Court of New York County in 2018, the now deceased plaintiff developed malignant mesothelioma cancer from years of using Johnson & Johnson’s Baby Powder, which was contaminated with deadly asbestos fibers. The plaintiff contends that not only Johnson & Johnson should be held liable for manufacturing the carcinogenic talc-based product, but also retailer Lot Less for selling the product to consumers like the victim. Other defendants named in the case included Bristol-Meyers Squibb, Cyprus Amax Minerals Company, and Whittaker Clark & Daniels.

In its motion for summary judgment, Lot Less argued that the family of the victim, who brought the suit on her behalf, had not yet proven that the Johnson & Johnson product in question actually contained asbestos. Further, the company argued that sellers of defective products generally have an implied right to indemnification, that is that they cannot be held liable for legally selling a product that a manufacturer produced. Fortunately for the plaintiff, the judge hearing the case determined that it would be premature to remove Lot Less from the case since the underlying liability had not yet been established.