Asbestos & Mesothelioma Law Blog

One of Nation’s Largest Railroad Companies Sues Health Clinic Providing Aid to Asbestos Victims

May 17, 2021 | Throneberry Law Group

One of the country’s largest railroad companies recently made headlines when it filed a lawsuit against a Montana health clinic that provides aid to asbestos and mesothelioma cancer victims harmed by a now shuttered vermiculite mine, and the railway company itself for the two entities’ roles in spreading carcinogenic asbestos fibers across the area. The company, BNSF Railway, is suing the Center for Asbestos Related Disease, located in Libby, Montana, claiming that the clinic is defrauding the federal government by conducting what the railway calls unnecessary tests and is relying on supposedly inaccurate radiological studies to diagnose asbestos victims in the town and surrounding area.

Though only made public recently, the suit was originally filed back in 2019. The claim asked the federal government to investigate and prosecute the Center for Asbestos Related Disease for fraud against the taxpayer. Fortunately, the federal government declined to intervene on behalf of BNSF Railway, leaving the company to carry the claim on itself under the federal whistleblower statute that allows private entities to bring claims on behalf of the government and receive a portion of any recovery for itself.

The Center for Asbestos Related Disease is one of the few healthcare providers in the country that commits itself to study the health effects of the particular form of asbestos found in the vermiculite mines of Libby. To that end, the Center for Asbestos Related Disease is the leading provider of asbestos-related diagnoses and healthcare to the residents of the small town which found itself at the epicenter of one of the worst environmental cleanups in the United States.

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.

Mississippi Talc Labeling Lawsuit Able to Proceed With State’s Supreme Court Refusal to Toss Claim

April 30, 2021 | Throneberry Law Group

A long running lawsuit brought by the state of Mississippi against pharmaceutical and cosmetics giant Johnson & Johnson may proceed, after the state supreme court refused to side with the company in its bid to toss the claim involving allegations that it violated state laws concerning labeling of its talc-based products. Specifically, the lawsuit brought by Mississippi’s attorney general claimed that Johnson & Johnson failed to disclose possible health risks associated with using the company’s Baby Powder and Shower to Shower talcum powder products which the company faces an avalanche of litigation in federal and state courts across the country.

According to the lawsuit, filed in Hinds County Chancery Court in 2014, Johnson & Johnson violated Mississippi’s Consumer Protection Act when the company failed to include labels on its talcum powder products displaying a warning of the possible links between using talc-based products and developing ovarian cancer. The state’s attorney general’s lawsuit sought an injunction to force Johnson & Johnson to include warnings on talcum powder product labels and enforce violations with fines up to $10,000.

After the state filed its preliminary lawsuit in county court, Johnson & Johnson asked the court to toss out the lawsuit. After the chancery court refused to do so in December 2018, the company appealed to a state appellate court to do the same, but was met with a similar denial. Johnson & Johnson subsequently went to the state’s highest court for yet another dismissal, arguing that labeling requirements on its cosmetics products are preempted by federal laws and the state therefore had no authority to require the company include the types of warning labels the matter pertained to.

Could Artificial Intelligence Help in the Fight Against Mesothelioma?

April 26, 2021 | Throneberry Law Group

British researchers recently published findings in genomics studies which used artificial intelligence to help study mesothelioma, a rare and deadly form of cancer caused by exposure to carcinogenic asbestos fibers. The hope of the findings is that the research and analysis could help improve patient outcomes and improve the prognosis for those who are diagnosed with the as of right now incurable disease, and potentially help find answers to a cure for mesothelioma.

The research undertaken by the University of Leicester Mesothelioma Research Programme reveals that, using AI analysis of DNA-sequenced cancer cells, the disease evolves along similar and repeated paths between individuals. Those paths predict the overall aggressiveness and could show possible individualized therapies which could be applied to help fight the disease.

Professor Dean Fennell, Chair of Thoracic Medical Oncology at the University of Leicester and Director of the Leicester Mesothelioma Research Programme, said “It has long been appreciated that asbestos causes mesothelioma, however, how this occurs remains a mystery. Using AI to interrogate genomic ‘big data’, this initial work shows us that mesotheliomas follow ordered paths of mutations during development and that these so-called trajectories predict not only how long a patient may survive, but also how to better treat cancer – something Leicester aims to lead on internationally through clinical trial initiatives.”

Widow’s Mesothelioma Cancer Lawsuit Goes on against Conwed Lo-Tone Ceiling Tiles & Mineral Boards Despite COVID-19

April 18, 2021 | Throneberry Law Group

The effects of COVID-19 have been felt across nearly every facet of life in America, and the courts have certainly been no exception. With health and safety protocols limiting in-person gatherings, many individuals seeking justice through the courts have had their hearings and trials seemingly inevitably delayed until the United States is able to bring the virus under control in order to resume our way of life. However, some have been fortunate in that their cases have been able to continue with relatively modest delay, as in the case of a Minnesota factory worker whose trial is finally scheduled to take place in May 2021.

According to the asbestos cancer lawsuit, filed in Ramsey County District Court in 2019, the now deceased plaintiff was diagnosed with mesothelioma cancer in December 2018, and caused due to his exposure to carcinogenic asbestos fibers from his years of working the the Conwed Corporation’s mineral board plant in Cloquet, Minn. According to media reports, the city of Cloquet has a mesothelioma cancer death rate that is 36% higher than anywhere else in the state of Minnesota, and the rate of diagnosis is up to 70 times higher than the average. The report goes on to state that lung cancer screenings have shown that at least 30% of Condwed’s former employees surveyed have developed mesothelioma.

Mesothelioma is a rare and deadly form of cancer that usually affects vital organs such as the lungs, heart, and abdominal cavity. Developing the disease is directly associated with exposure to asbestos, a mineral that was once used in a variety of commercial, industrial, and military applications for its heat resistant properties and ability to be molded to fit a variety of uses. Conwed Corporation allegedly used asbestos in the construction of its mineral board products at the Cloquet plant from 1958 until 1974, the time period during which the deceased plaintiff was employed at the facility.

California Appeals Court Upholds Asbestos Cancer Verdict Against J-M Manufacturing

April 10, 2021 | Throneberry Law Group

A California appeals court recently upheld a substantial multimillion dollar jury verdict awarded to a husband and wife who claimed that the defendant caused the husband’s rare and deadly form of cancer from exposure to asbestos containing products manufactured by the company. In their verdict in favor of the plaintiffs, the California state jury awarded the husband over $14 million for his economic damages, as well as his pain and suffering, and an additional $1 million to his wife for her loss of consortium. The defendant, J-M Manufacturing, appealed the jury’s verdict in the hopes of having the verdict and the awards tossed.

According to the asbestos cancer lawsuit, filed in Los Angeles County Superior Court in 2018, the husband plaintiff was employed as a construction worker and supervision during the 1970s and 1980s. During that time, according to the lawsuit, he was frequently exposed to asbestos fibers in cement pipes manufactured and sold by J-M Manufacturing. As a result of this exposure to asbestos containing products over nearly two decades, the plaintiff developed a rare and deadly form of lung cancer called mesothelioma.

After a trial spanning October and November 2018, the Los Angeles County jury awarded the plaintiff and his wife over $15 million in compensatory damages for their past and future medical bills, pain and suffering, and loss of consortium. Additionally, the jury saw fit to award the plaintiffs an additional $15 million in punitive damages, which are a special type of award handed down in circumstances where it can be established that a defendant acted with an much more egregious level of negligence.

National Association of Distinguished Counsel Recognizes Attorney Michael Throneberry

March 30, 2021 | Throneberry Law Group

Michael Throneberry, of Throneberry Law Group, has been selected to the 2021 list as a member of the Nation’s Top One Percent by the National Association of Distinguished Counsel. NADC is an organization dedicated to promoting the highest standards of legal excellence. Its mission is to objectively recognize the attorneys who elevate the standards of the Bar and provide a benchmark for other lawyers to emulate.

Members are thoroughly vetted by a research team, selected by a blue ribbon panel of attorneys with podium status from independently neutral organizations, and approved by a judicial review board as exhibiting virtue in the practice of law. Due to the incredible selectivity of the appointment process, only the top one percent of attorneys in the United States are awarded membership in NADC. This elite class of advocates consists of the finest leaders of the legal profession from across the nation.

Norwegian biotech company’s immunotherapy drug shows promise for mesothelioma patients who undergo chemotherapy

March 27, 2021 | Throneberry Law Group

A Norwegian biotechnology company recently announced that the 21-month followup data from its clinical stage immunotherapy trials revealed promising results for mesothelioma patients who are also undergoing chemotherapy to treat their rare and deadly form of cancer caused by asbestos exposure. The results of the study show that at least half of the patients who took the company’s immuno-oncology drug while undergoing chemotherapy are still alive, compared to an average survival rate of just over a year for those who did not.

Targovax ASA’s phase I/II trial of its ONCOS-102 aims to assess the safety, immune activation and clinical efficacy of the drug taken in combination with a patient’s chemotherapy regimen compared to those who underwent the standard chemotherapy only. The study examined 31patients in total, with 20 receiving the ONCOS-102 immunotherapy drug which targets hard to kill mesothelioma tumor cells. “It is most encouraging that survival continues to track so well in the ONCOS-102-treated first line group,” said Targovax’s chief medical officer . “We have earlier seen and reported how ONCOS-102 drives profound remodeling of the tumor microenvironment. It is now becoming clear that this is translating into long-term survival benefit.”

Mesothelioma has a latency period of anywhere from 20 to 50 years, which means decades can pass after exposure to asbestos before doctors are able to make a diagnosis, leaving many patients with diminished treatment options. Oftentimes, surgery is not an option to kill mesothelioma tumors, and patients are left with only chemotherapy as an option, which can take a toll on the individual’s overall health.

National Cancer Institute grants $2.5 million to study biological markers of mesothelioma

March 20, 2021 | Throneberry Law Group

The National Cancer Institute recently awarded a $2.5 million grant to a Baylor University medical professor to develop clinical tests that would enable doctors to determine the likelihood of a patient responding to immunotherapy regimens before the patient receives the treatment, which would save certain patients from immune-related adverse events. In recent years, immunotherapy has become a viable treatment to prolong the lives of patients with mesothelioma, but about half of those patients experience adverse events and the research being conducted could potentially identify those likely to have bad outcomes.

Mesothelioma is a rare and deadly form of cancer caused by exposure to asbestos, which was once commonly used in a variety of industrial, commercial, and military applications as an insulation and fire-retardant material. The disease commonly affects the thin linings of tissue surrounding the lungs and heart, but can also affect the tissues surrounding the abdominal cavity before spreading to other parts of the body.

Because mesothelioma has a latency period of anywhere from 20 to 50 years, patients are often left with diminished treatment options by the time the cancer is detected by a physician. As a result, surgery to remove tumors is not an option and patients must turn to radiation treatments to fight the disease, which can harm tissues surrounding the mesothelioma tumors. However, researchers continue to make progress on immunotherapies, which teach the body to use its own disease fighting mechanisms against mesothelioma tumors.

Federal judge rules railroad worker’s mesothelioma lawsuit to be decided by jury

March 13, 2021 | Throneberry Law Group

A federal judge in Maine recently denied a defendant’s request to have a mesothelioma cancer lawsuit tossed out on the grounds that the company could not have known about dangerous working conditions alleged by the victim, ruling that the question of foreseeability of injuries should be left for a jury to decide at trial. The defendant, Maine Central Railroad, claimed that it could not have known the victim worked in an environment contaminated with asbestos and therefore could not be held responsible for the victim’s asbestos cancer diagnosis.

According to the plaintiff’s mesothelioma cancer lawsuit, filed in U.S. District Court for the District of Maine under the Federal Employers’ Liability Act, the victim operated the Carlton Bridge which connects a railroad line over the Kennebec River between Bath and Woolwich, Maine, which was owned by the defendant. The plaintiff alleged that the walls of the control room, engine room, and operating room of the bridge would shake when trains passed over it and would create dust in his work station.

The plaintiff’s mesothelioma cancer lawsuit asserted that asbestos containing products were used throughout the construction of the bridge and the areas which the victims worked during his tenure with the company, which was the source of his exposure to asbestos fibers. The victim further pointed to an asbestos inspection and abatement program that Maine Central Railroad initiated in 1984 during the twilight years of the plaintiff’s employment company to show that asbestos was eventually detected in his work areas.