Asbestos & Mesothelioma Law Blog

FDA Contractor That Discovered Asbestos in Baby Powder is Also an Expert Witness for Johnson & Johnson

November 24, 2019 | Throneberry Law Group

The news continues to get worse for pharmaceutical and cosmetics giant Johnson & Johnson this month after an analysis by the Food and Drug Administration (FDA) found that one lot of Baby Powder produced in 2018 was contaminated with asbestos fibers, prompting a recall of 33,000 bottles of the product. The analysis that discovered the asbestos in Baby Powder was conducted on behalf of the FDA by an independent laboratory run by a scientist who Johnson & Johnson has hired as an expert witness in talcum powder cancer lawsuits against the company.

That paid witness is none other than Andreas Saldivar, laboratory director of AMA Analytical Services Inc, who has served as a litigation expert on several occasions for Johnson & Johnson since 2017 in cases brought by plaintiffs who claimed they developed various forms of cancer after years of using the company’s talc-based products. In May 2018, Saldivar testified in a deposition on behalf of Johnson & Johnson and stated that testing he performed on behalf of the FDA back in 2010 showed no evidence that Baby Powder contained asbestos fibers.

In 2019, Saldivar’s lab again began testing talcum powder on behalf of the FDA and in September it tested Baby Powder samples sent to it by federal safety regulators. The testing now presents a serious challenge to Johnson & Johnson of how to discredit a single positive test for asbestos while still maintaining the integrity of one of its expert witnesses. It remains unclear how this news will affect Johnson & Johnson’s litigation efforts moving forward, including whether the company will be more likely to settle the thousands of cases pending in state and federal courts.

New Research Shows Link Between Exposure to Asbestos-Contaminated Talcum Powder and Cancer

November 16, 2019 | Throneberry Law Group

A new scientific report by the American College of Occupational and Environmental Medicine suggests a strong and credible link between the use of asbestos-contaminated talcum powder products and developing malignant mesothelioma. The case study was published in the organization’s Journal of Occupational and Environmental Medicine, looking into the cases of 33 patients confirmed to have malignant mesothelioma and whose only known exposure to asbestos may have come from using tainted talcum powder in cosmetic products.

All of the patients in the study are involved in talcum powder cancer lawsuits against cosmetics companies. The authors went into greater detail on the conditions of six patients who underwent tissue analysis showing asbestos fibers consistent with those that would be found in contaminated talcum powder. The study’s authors pointed out that the asbestos fibers discovered were not consistent with the types of asbestos fibers which would be found in industrial settings, such as insulation or other building materials.

The report is just the latest in a series of bad news for Johnson & Johnson, which currently faces an estimated 14,000 talcum powder cancer lawsuits accusing the company of knowingly manufacturing and marketing dangerous talc-based products. Thus far, juries in state and federal courts have awarded plaintiffs over $5 billion in combined compensation in trials against Johnson & Johnson, which continues to litigate cases and deny responsibility for any wrongdoing.

California Passes Law Protecting Mesothelioma Cancer Victims During Discovery

November 10, 2019 | Throneberry Law Group

With the signature of Governor Gavin Newsom, California recently passed a law aimed at protecting mesothelioma cancer victims during the fact-gathering stage of an asbestos cancer lawsuit. The bill, SB 645, would limit the number of hours defendants would be able to question plaintiffs under oath in cases where plaintiffs can demonstrate to the courts that they have less than six months to live.

SB 645 places a seven-hour limitation on defendants’ deposition examination (where attorneys question witnesses under oath) in cases in which a licensed physician provides the court with a written declaration stating that the plaintiff has mesothelioma and there is substantial doubt whether he or she will live longer than six months. In cases in which there are more than 10 defendants named in the lawsuit, defendants may request an additional three hours of deposition testimony, and an additional seven hours of testimony if more than 20 defendants are involved in the lawsuit.

The law allows the courts to grant those time extensions in cases in which such an extension is in the interest of fairness, and the health of the plaintiff would not be endangered by the additional testimony time. The law’s passage with the governor’s signature is welcome news for mesothelioma cancer victims who are often subjected to hours and hours of intense questioning by defense attorneys, all while the plaintiff’s health is in decline while batting the serious form of cancer.

Johnson & Johnson Hit With Talcum Powder Asbestos Cancer Lawsuit in Canada

November 3, 2019 | Throneberry Law Group

Pharmaceutical and cosmetics giant Johnson & Johnson was recently hit with another class action talc lawsuit, this time in Canada, over claims that a pair of its talc-based products are responsible for the plaintiffs cancer diagnosis which devastated her life. The lawsuit is just another in the estimated 14,000 Johnson & Johnson faces across the United States and now Canada, over claims that the company knowingly sold talcum powder products contaminated with deadly asbestos fibers.

The talcum powder lawsuit seeks to name the plaintiff representative of a class action lawsuit to recover $11 million in general and punitive damages for the harm suffered due to Johnson & Johnson’s negligence. Johnson & Johnson has thus far consistently denied any of its products contain asbestos fibers and have vigorously defended similar claims brought by plaintiffs in the United States alleging the same as the Canadian plaintiff.

According to the asbestos cancer lawsuit filed in a Calgary, Canada claims court, the plaintiff developed ovarian cancer after years of using Johnson & Johnson’s Baby Powder and Shower to Shower talcum powder products. Specifically, the plaintiff claims she used Johnson & Johnson’s Shower to Shower from the ages of 13 to 36 years old, later undergoing a series of surgeries and a hysterectomy in the 1990s, which she attributes to asbestos in the product.

New Jersey Jury Hands Down $37.3 Million Verdict in Talcum Powder Mesothelioma Lawsuit

October 27, 2019 | Throneberry Law Group

A New Jersey state jury recently handed down a substantial $37.3 million verdict to a group of plaintiffs who claim they developed mesothelioma cancer from years of using talcum powder products that the defendants allegedly knew contained asbestos fibers. The jury handed down the asbestos cancer verdict after two months of testimony, deciding that pharmaceutical and cosmetics giant Johnson & Johnson knowingly developed and marketed a dangerous product to consumers but provided no warning labels to consumers about the risks.

According to the talcum powder cancer lawsuit, filed in a Middlesex, New Jersey Superior Court, the four plaintiffs all developed serious forms of cancer as a result of their parents using talc-based products, such as Baby Powder and Shower to Shower, on them as children. The trial took place in Brunswick, New Jersey, the headquarters for Johnson & Johnson, which currently faces thousands of similar trials in state and federal courts across the country.

Attorneys for the plaintiff presented evidence to the jury appearing to show that executives at Johnson & Johnson knew for decades about the presence of asbestos fibers in the talc used to create its iconic Baby Powder and Shower to Shower. The plaintiffs highlighted internal company tests, which showed the presence of asbestos in the talc, discussed in the memos as proof the company knowingly sold a dangerous product without warning innocent victims.

Two Studies Suggest Talc Pleurodesis May Help Treat Mesothelioma

October 19, 2019 | Throneberry Law Group

A pair of recent studies suggest that a certain treatment may be able to help treat mesothelioma, a rare and deadly form of cancer that often affects the thin lining of tissue surrounding the lungs, but may also affect other parts of the body. The treatment, called talc pleurodesis, is a surgical procedure to help prevent pleural effusions, which is when fluid builds around the lungs, making it hard for the patient to breathe and allow the disease to spread.

In a recent study published by the Journal of Thoracic Disease, researchers found that the procedure improves survival rates of patients better than some other lung fluid treatments. The results further suggest that the treatment, which is less invasive than others, may be a better quality of life option than more aggressive surgery to remove tumors surrounding the lungs.

The study, conducted by Dr. Emanuela Taioli of the Institute of Translational Epidemiology at Ichan, examined almost 50 other studies focused on the survival rates of patients who underwent talc pleurodesis compared to those who underwent surgery. Research showed that on average, the survival rate of patients treated with talc pleurodesis was 14 months, compared to 17 months for those who underwent invasive surgery, like pleurectomy and decortication, and 24 months for even more aggressive surgeries like extrapleural pneumonectomy.

New Jersey Jury Hands Down $2.38 Million Verdict in Mesothelioma Cancer Lawsuit

October 13, 2019 | Throneberry Law Group

A New Jersey state jury recently handed down a $2.38 million plaintiff’s verdict in an asbestos cancer lawsuit brought by a man who claimed he developed mesothelioma cancer from years of exposure to asbestos shipped to his workplace by the defendant. The mesothelioma cancer lawsuit named Union Carbide as the defendant, and was eventually carried on by the victim’s widow after he succumbed to the disease which he claimed was caused by the defendant’s negligence.

The road to justice was a long one for the victim and his widow, originally filing the mesothelioma cancer lawsuit in June 2011. Years later in 2015, the judge hearing the case granted summary judgement to Union Carbide after the company argued that the plaintiff failed to acquire enough evidence showing the victim worked directly with asbestos-contaminated products produced by the defendant.

Asbestos is directly linked with developing a rare and deadly form of cancer known as mesothelioma. The disease commonly affects the thin lining of tissue surrounding vital organs such as the heart, lungs, and abdomen. There is currently no cure for mesothelioma and the disease often takes decades to show symptoms, leaving patients with diminished treatment options by the time a diagnosis is made.

Tennessee Hospital Starts First-of-its-Kind Electric Therapy Mesothelioma Treatment

October 7, 2019 | Throneberry Law Group

A Memphis, Tennessee hospital recently began using a first of its kind electric therapy treatment approved by the Food and Drug Administration (FDA) to treat the progression of mesothelioma, a rare and deadly form of lung cancer caused by exposure to asbestos fibers. “Because it is such a rare cancer, there has been little research opportunities to advance science and treatment of mesothelioma,” said Dr. Moon Fenton, West Cancer Center hematologist while speaking to local media.

For decades, doctors treated mesothelioma through a combination of surgery, radiation treatment, and chemotherapy. Now, doctors will have access to a fourth treatment option via the NovoTTF-100. The devices functions by attaching three to the front and back of the patient’s chest and sending electric fields into the body to target and disrupt mesothelioma cancer cells from growing and spreading, all while allowing healthy cells to remain intact.

“We are looking at 97% disease control at year one. So, patients who are using this technology in addition to the chemotherapy actually have stable disease or great response to treatment,” said Dr. Fenton in a local NBC interview. “This treatment is not invasive, and has minimal side effects.” Patient’s at Dr. Fenton’s hospital, West Cancer Center, will wear the device for 18 hours per day to treat mesothelioma.

New York City Judge Denies Boiler Manufacturer’s Motion to Dismiss Mesothelioma Lawsuit

September 28, 2019 | Throneberry Law Group

A New York City judge recently handed down an important ruling in a mesothelioma cancer lawsuit brought by a former electrician who claims the defendant, a boiler manufacturer, caused his mesothelioma by exposing him to deadly asbestos fibers. The lawsuit names Lancaster, Pennsylvania-based Burnham LLC as the defendant, alleging the company knowingly produced and shipped products that required after-market parts made with asbestos, specifically asbestos-cement used as an insulation for the equipment.

The plaintiff, now unfortunately deceased, claimed in his lawsuit that during his time as an electrician with his employer, Vanderlin Electrical Contractors, he frequently worked with boilers manufactured by Burnham LLC. The victim claimed that the units delivered by the defendant to his job site at Wesleyan College without the required insulation “jacket” and that insulation workers also on site had to mix asbestos cement to create the insulation needed to complete installation.

Furthermore, the plaintiff, in his sworn deposition testimony before his passing, recalled he was required to remove the very same asbestos insulation on the boilers in order to access valves on the boilers, and would breathe in the dust created during both the application and removal of the insulation. As a result of years of exposure to asbestos fibers in the course of working on boilers produced by Burnham LLC, the plaintiff claimed he developed mesothelioma cancer, a rare and deadly form of cancer directly linked to asbestos exposure.

Cosmetics Company Issues Makeup Recall of Asbestos-Contaminated Products

September 21, 2019 | Throneberry Law Group

A California-based cosmetics company recently initiated a recall of four of its makeup products over asbestos-contamination concerns. According to the Food and Drug Administration (FDA), consumers are advised to immediately cease using four products produced by Beauty Plus Global Inc after testing by the FDA revealed those items showed asbestos contamination. Those products in the company’s City Color makeup range are:

Matte blush (fuchsia);
Cosmetics timeless beauty palette;