Asbestos & Mesothelioma Law Blog

New York City Jury Hands Down $325 Million Verdict in Talcum Powder Asbestos Cancer Lawsuit

January 11, 2021 | Throneberry Law Group

A New York City jury recently handed down a substantial verdict to a woman who blamed the maker of the talc-based cosmetics powder for her cancer diagnosis, claiming that the company knew for decades about the risk of asbestos exposure but provided no warning to her and other consumers about the dangers. The Manhattan jury awarded the plaintiffs, the victim and her husband, $325 million in actual and punitive damages, finding that defendant Johnson & Johnson acted with negligence and recklessness by knowingly selling a carcinogenic product to the public.

The $325 million awarded consisted of $25 million in actual damages of medical bills, lost wages, and pain and suffering, as well as a tremendous $300 million in punitive damages for what the jury deemed to be especially reckless conduct on the part of Johnson & Johnson. However, the judge hearing the case ultimately cut the jury’s award down to $15 million in actual damages and $105 million in punitive damages but gave the plaintiffs the option of requesting a new trial solely for the damages portion of the case. Ultimately, the plaintiffs opted to accept the reduced award.

The asbestos cancer lawsuit alleged that the plaintiff developed mesothelioma cancer from years of using asbestos-contaminated Baby Powder manufactured and sold by pharmaceutical and cosmetics giant Johnson & Johnson. The plaintiff filed her lawsuit back in 2017 after receiving her mesothelioma diagnosis, which is a rare and deadly form of cancer caused by exposure to asbestos and commonly affects the thin linings of tissue surrounding vital organs such as the heart and lungs and abdominal cavity.

Missouri Supreme Court Rejects Bid to Overturn $2 Billion Talcum Powder Cancer Verdict

January 9, 2021 | Throneberry Law Group

The Missouri Supreme Court recently rejected a bid by the world’s largest pharmaceutical and cosmetics producer to overturn a monumental award in an asbestos cancer lawsuit handed down by jurors back in July 2018. The Court refused to hear an appeal stemming from a June decision from the state’s appeals court that upheld liability on the part of defendant Johnson & Johnson along with a substantial portion of the multibillion dollar verdict handed down by the jury in the trial court.

In 2018, a Missouri state court jury handed down $4.69 billion to 22 plaintiffs in a lawsuit that alleged Johnson & Johnson’s iconic Baby Powder caused their cancer diagnosis, many of which were terminal. At trial, the jury was presented with evidence which showed that Johnson & Johnson knew as far back as the 1970s that the talcum powder used for its Baby Powder product was contaminated with asbestos fibers but chose not to disclose any warnings on the labels of its products for consumers.

The $4.69 billion verdict was eventually reduced by the Missouri state appeals court down to $2.12 billion but still upheld the jury’s verdict, saying that it was reasonable to infer from the evidence that Johnson & Johnson “disregarded the safety of consumers” for the sake of profit, despite knowing its talc products caused ovarian cancer. With the Missouri Supreme Court’s decision not to hear the case, Johnson & Johnson’s last option to throw out the award lies with an appeal to the U.S. Supreme Court, which the company vowed it would do after news broke of the decision.

Louisiana Jury Hands Down $10.3 Million Plaintiff’s Verdict in Mesothelioma Lawsuit

December 13, 2020 | Throneberry Law Group

A Louisiana state jury recently handed down a substantial verdict in a mesothelioma cancer lawsuit brought by a former longshoreman who claims he developed a serious form of lung cancer from years of asbestos exposure during the 1960s. The New Orleans jury found that defendants Ports America Gulfport Inc., Cooper T. Smith Stevedoring Co. Inc. and South African Marine Corp. were all responsible for the plaintiff’s mesothelioma diagnosis, and awarded the victim $10.3 million in total compensation for his injuries.

According to the asbestos cancer lawsuit, filed in Louisiana Civil District Court for the Parish of Orleans, the plaintiff developed mesothelioma from unloading raw asbestos from ships docked at the wharfs he worked from 1964 to 1968. The plaintiff further alleged that he came in contact with asbestos through second hand exposure from the work clothes his father would wear while working as a longshoreman himself.

The lawsuit alleged that the defendants knew or should have known about the dangers posed by asbestos and provided warning to the plaintiff and other workers. Instead, the lawsuit alleges, the defendants chose to ignore such information or condoned the concealment of such in order to continue with their business practice of selling asbestos and asbestos-containing products. As a result of the defendants’ negligence, the plaintiff developed mesothelioma and suffered serious injury.

Ohio Appeals Court Revives Asbestos Cancer Lawsuit Against Honeywell International

December 6, 2020 | Throneberry Law Group

An Ohio appeals court recently revived an asbestos cancer lawsuit brought by the widow of a mesothelioma cancer victim who claimed that he developed a rare and deadly form of lung cancer from years of exposure to asbestos while working with the Bendix brakes. After a Cuyahoga County Court of Common Pleas granted the defendant, Honeywell International, Inc., summary judgment in 2017, the Eighth Appellate District in Ohio agreed with the plaintiff that the lower court erred in its decision and that there were genuine issues of fact about the case for a jury to decide in a court of law.

According to the asbestos cancer lawsuit, the plaintiff’s widow alleged that her husband developed mesothelioma from using Bendix brake products developed by Honeywell International while working as a supervisor for a company that manufactured intercity buses. The plaintiff presented testimony from the victim’s coworker that stated the victim spent significant time in the area of the facility where brake work was being done, where asbestos fibers from the defendant’s Bendix brakes were present in the air. Further, the plaintiff claimed that her husband was exposed to asbestos fibers during the time he worked in the area of the facility where Bendix brake linings were grounded.

Fortunately for the plaintiff, the Ohio appeals court agreed that the case should be heard by a jury and gave the victim a chance for his case to be heard in court, six years after his passing in 2014. The case is yet another example of the lengths to which gigantic companies will go in order to skirt liability for the harm caused by the products they knew or should have known could pose a health risk to workers and the general public.

Johnson & Johnson Agrees to Significant Settlements in Talcum Powder Asbestos Cancer Lawsuits

December 1, 2020 | Throneberry Law Group

Pharmaceutical and cosmetics giant Johnson & Johnson recently agreed to a significant settlement to resolve over 1,000 talcum powder asbestos cancer lawsuits claiming that plaintiffs developed serious forms of cancer, including mesothelioma, as a result of exposure to deadly carcinogens in the company’s talc-based products. The terms of the settlement, the first major settlement during the years of litigation related to the cases, calls for Johnson & Johnson to pay more than $100 million in total to the group of plaintiffs, but still leaves thousands more cases unresolved.

According to securities filings with the Securities and Exchange Commission, Johnson & Johnson faces an estimated 20,000 other asbestos cancer lawsuits from plaintiffs who claim that they developed cancer from years of using the company’s iconic Baby Powder and Shower to Shower products. This year, despite maintaining that its products are safe for consumers, Johnson & Johnson announced that it will cease all sales of talc-based Baby Powder in North America, while continuing to sell the original formula with talc in overseas markets.

Many lawsuits against Johnson & Johnson allege that the talc-based Baby Powder and Shower to Shower products are contaminated with carcinogenic asbestos fibers, which are directly linked to developing mesothelioma. Mesothelioma is a rare and deadly form of cancer that commonly affects thin linings of tissues surrounding vital organs such as the lungs, heart, and abdominal cavity. While researchers and scientists across the globe continue to search for a cure and make progress developing therapeutics to help mesothelioma patients, there is still currently no cure for the disease and patients are often left with months to live by the time a diagnosis is made.

Georgia Pacific Sets Aside $1 Billion to Fund Asbestos Trust for Victims

November 21, 2020 | Throneberry Law Group

Georgia-Pacific LLC recently pledged to advance $1 billion to an asbestos liability trust fund to compensate victims who developed mesothelioma and other asbestos-related cancers as a result of exposure to asbestos caused by one of the company’s subsidiaries. Georgia-Pacific’s affiliate, Bestwall LLC, is currently embroiled in bankruptcy proceedings as part of reorganization proceedings to free the parent company from the legal liability from the subsidiary, which it purchased in 1965.

During its history, Bestwall LLC, formerly known as Bestwall Gypsum Company, manufactured asbestos containing products such as gypsum wallboard, acoustical plaster, joint compounds and drywall adhesives. Bestwall used asbestos, as many companies did for decades, due to the mineral’s heat-resistant properties which allowed it to be molded to fit a variety of industrial, commercial, and military applications.

Unfortunately for workers and consumers, asbestos is a known carcinogen that is directly linked to developing mesothelioma, a rare and deadly form of cancer that commonly affects the thin linings of tissues surrounding the lungs, heart, and abdominal cavity. Even worse, asbestos companies like Bestwall knew for years about the health risks posed by exposure to asbestos but provided no safety precautions or warnings to manufacturing workers, those working with the materials, or consumers about the risks associated with the carcinogenic products. Sadly, thousands of Americans every year receive a mesothelioma cancer diagnosis, leaving most of them with just months to live and few treatment options to improve their prognosis,

Food and Drug Administration Approves First New Mesothelioma Treatment in 16 Years

November 15, 2020 | Throneberry Law Group

The Food and Drug Administration (FDA) recently gave approval to the first new mesothelioma drug treatment combination for patients in the last 16 years. The drug combination, Opdivo (nivolumab) in combination with Yervoy (ipilimumab) are a first-line treatment for adults with malignant pleural mesothelioma that cannot be removed by surgery.

“Today’s approval of nivolumab plus ipilimumab provides a new treatment that has demonstrated an improvement in overall survival for patients with malignant pleural mesothelioma,” said Richard Pazdur, M.D., director of the FDA’s Oncology Center of Excellence and acting director of the Office of Oncologic Diseases in the FDA’s Center for Drug Evaluation and Research. “In 2004, FDA approved pemetrexed in combination with cisplatin for this indication, and now patients now have an important, additional treatment option after more than a decade with only one FDA-approved drug regimen.”

Malignant pleural mesothelioma is a serious form of cancer that affects the lining of the lungs, and is caused by exposure to carcinogenic asbestos fibers. According to the FDA, about 20,000 Americans develop malignant pleural mesothelioma each year and accounts for most of the mesothelioma cases recorded. Furthermore, most of the patients diagnosed with malignant pleural mesothelioma are not able to have their tumors operated on and this prognosis creates a generally poor survival rate.

New York Asbestos Cancer Plaintiffs Left Unsure After State Cuts Four Dozen Judges From Dockets

November 7, 2020 | Throneberry Law Group

Dozens and potentially hundreds of plaintiffs in asbestos cancer lawsuits in New York state have been left in a bind after Governor Andrew Cuomo enacted serious budget cuts to the states’ court systems as a cost saving measure due to the Covid-19 pandemic. The $300 million in cuts to the New York state court system went into effect back in September 2020, after the governor used his executive authority to compensate for the shortfall in his state’s revenue due to the coronavirus pandemic.

Under New York state law, all judges over 70 years old must be recertified every two years by the state court administration. The interplay between the recertification process for judges and the state’s budget shortfall means that four dozen judges did not receive their recertification, in order for the state to save the state money, and will no longer be hearing cases from the bench as of the start of the new year. Estimates put the savings to the state at around $55 million over the next two years from the court system but these will likely have a significant impact on the plaintiffs awaiting trial.

As a result of these actions by New York state, hundreds of asbestos cancer plaintiffs will have their cases pushed back by weeks or even months and years. Unfortunately, time is not a luxury that many asbestos cancer plaintiffs have, as their mesothelioma cancer diagnosis leaves them with just months to live by the time their doctors inform them of their prognosis. Sadly, many are likely to never have their day in court to confront the asbestos companies that caused their terminal cancer diagnosis.

New York Court Allows Plaintiff’s Clubman Talcum Powder Cancer Lawsuit to Proceed

November 1, 2020 | Throneberry Law Group

A New York court recently denied an attempt by the defendant in a talcum powder mesothelioma cancer lawsuit to have the case dismissed, which paves the way for the plaintiffs to have their day in court and seek justice for the harm caused by the defendant’s alleged negligence. In its ruling, the court denied defendant Whittaker Clark and Daniels’ motion for summary judgement to dismiss the claim, as well as denying the company’s bid to have claims of potential punitive damages thrown out.

According to the plaintiff’s mesothelioma cancer lawsuit, filed in New York County Supreme Court, the victim developed mesothelioma for exposure to asbestos fibers in talcum powder products manufactured by defendant Whittaker Clark and Daniels. The plaintiff claimed that during his time working as a barber in New York City from 1961 until he retired in 2016, he frequently breathed in talcum powder dust from the Clubman talc he applied to clients, which he alleges the defendant knowingly manufactured with asbestos fibers.

In its motion to dismiss the case, the defendant alleged that the plaintiff’s mesothelioma diagnosis was not caused by exposure to talc in Whittaker Clark and Daniels’ Clubman talcum powder, but instead by exposure to asbestos in the victim’s native Italy where he lived until he was 25 years old until he immigrated to the United States. Specifically, the defendants claimed that the victim was exposed to asbestos in quarries found in Sicily, Italy. Countering that argument, the plaintiff’s lawyers contended that the victim lived almost 15 miles from the sites in question.

Swedish Immunotherapy Drug Trial Shows Promising Results With Malignant Mesothelioma

October 26, 2020 | Throneberry Law Group

A Sweedish pharmaceutical company recently announced it has seen positive results with a therapeutic cancer vaccine that could potentially be used in combination with other immuno-oncology drugs to treat metastatic malignant mesothelioma. The results of the clinical trials showed that more than half of the participants did not demonstrate disease progression, and none of the patients experienced unexpected safety issues which showed that the drug combinations were well-tolerated.

Drugmaker Ultimovacs ASA conducted the study on a group of 20 mesothelioma cancer patients who received a combination of the company’s UV1 cancer vaccine and pembrolizumab, PD-1 checkpoint inhibitor. This group of patients participated in the company’s Phase I study for the drug combination, which is designed to test the safety, tolerability, and initial signs of clinical response in patients treated with UV1 in combination with pembrolizumab.

Commenting on the study, Ultimovacs Chief Medical Officer released a statement saying, “The safety profile observed to date in this first cohort of the PD-L1 combination study is consistent with the promising safety profiles seen in our earlier Phase I trials. For the further development of our vaccine, it is important to demonstrate that UV1 can be combined with different classes of immunotherapies without compromising on safety.”