Asbestos & Mesothelioma Law Blog

New Jersey Judge Denies Johnson & Johnson’s Request to Set Aside $37.3 Million Verdict

December 21, 2019 | Throneberry Law Group

A New Jersey Superior Court judge recently denied a motion by the defendant in a talcum powder asbestos cancer lawsuit which sought to set aide a multimillion dollar verdict handed down by a state jury to a group of plaintiffs who claimed they developed serious forms of cancer due to asbestos fibers in talc-based products produced by the defendant. That lawsuit claimed pharmaceutical and cosmetics giant Johnson & Johnson knowingly sold asbestos-contaminated talcum powder products for years, without any warnings to consumers about the known risks of asbestos exposure.

In September 2019, a Middlesex County, New Jersey jury handed down a $37.3 million verdict to four plaintiffs who claimed they developed mesothelioma cancer as a result of using talc-based products, such as Baby Powder and Shower to Shower, produced by Johnson & Johnson. That trial took place in the city of Brunswick, New Jersey, where Johnson & Johnson’s corporate headquarters is located. The company faces thousands of other such lawsuits in state and federal courts across the country.

Johnson & Johnson’s post-trial motion, which the judge recently denied, had asked the judge to set aside the trial court’s verdict on a multitude of legal grounds. However, that motion was denied by the judge on the grounds that the proceedings in the case had not yet concluded, as the jury’s $37.3 million award only included damages for lost wages, medical bills, other monetary damages, and pain and suffering. The case is set to enter a new phase relatively soon, as the jury will decide what, if any, punitive damages Johnson & Johnson will be required to pay the victims.

Reuters Report Shows Links Between FDA and Johnson & Johnson

December 14, 2019 | Throneberry Law Group

A recent report by Reuters details troubling links between the Food and Drug Administration (FDA) and pharmaceutical and cosmetics giant Johnson & Johnson concerning efforts by safety advocates to conduct testing and provide warning labels to consumers about the potential risks of asbestos contamination in talcum powder products. The investigation details how, over decades, the FDA often relied upon testing or otherwise deferred to individuals linked to Johnson & Johnson when making determinations about the safety of the company’s talc-based products.

The special report shows that since the 1970s, federal regulators have deferred to Johnson & Johnson when independent scientists and researchers brought up concerns that talcum powder products may be contaminated with carcinogenic asbestos. When a line of cosmetics products tested positive for asbestos back in March 2019, the FDA noted “We are dependent on manufacturers to take steps to ensure the safety of their products.” Most recently, Johnson & Johnson conducted a voluntary recall of its iconic Baby Powder after the FDA found that the product tested positive for asbestos.

In chronicling the FDA’s deference to Johnson & Johnson, the report shows that federal regulators were concerned about asbestos fibers in talcum powder as far back as the 1970s, but quickly ended inquiries after assurances from companies using talc that their products were safe. Eventually, the role of monitoring and testing talc-based products fell to the Cosmetic Toiletry and Fragrance Association after convincing the FDA that manufacturers were best suited to conduct oversight.

Attorneys Seek to Supplement Legal Briefs After FDA Discovers Asbestos in Talcum Powder Samples

December 8, 2019 | Throneberry Law Group

Attorneys representing plaintiffs in thousands of talcum powder asbestos cancer lawsuits recently asked a federal judge to allow additional supplementation in evidentiary proceedings following the Food and Drug Administration’s (FDA) testing of talcum powder products. The judge’s ruling in these key evidentiary proceedings are expected to have a tremendous impact on how the thousands of cases in federal court against pharmaceutical and cosmetics giant Johnson & Johnson will play out over the coming months and years.

In October 2019, the FDA announced that samples taken from certain lots of Johnson & Johnson’s Baby Powder tested positive for trace amounts of deadly asbestos fibers, prompting the company to issue a voluntary recall of an estimated 33,000 bottles of its iconic product. In the wake of those positive asbestos tests, the plaintiffs’ lawyers have filed Freedom of Information Act requests with the FDA to obtain documents related to the lab tests, and asked Johnson & Johnson to provide discovery regarding the same materials.

Attorneys for the asbestos cancer victims have asked the New Jersey federal judge presiding over the key evidentiary hearings to allow the plaintiffs to include the additional information gathered in their legal briefs for the proceeding. Those proceedings, known as Daubert hearings, will decide which of the 39 expert witnesses named by both sides will be allowed to be presented to potential juries in the estimated 12,400 cases on the docket in federal courts across the country.

Jury Awards Idaho Woman $40.3 Million Verdict in Talcum Powder Mesothelioma Lawsuit

December 1, 2019 | Throneberry Law Group

An Idaho jury recently awarded a 71-year-old Idaho woman $43.3 million verdict in a talcum powder mesothelioma cancer lawsuit alleging the defendant caused her condition by knowingly marketing its carcinogenic talc-based products. The lawsuit named New Jersey-based pharmaceutical and cosmetics giant Johnson & Johnson as the defendant, asserting that the company knew for decades about the risk of asbestos in its Baby Powder and Shower to Shower would post to consumers but provided no warning.

The Los Angeles jury deliberated for six days before reaching its verdict, agreeing with the plaintiff that her mesothelioma cancer was caused by talc-based products manufactured and sold by Johnson & Johnson. The verdict was a repudiation of positions taken by Johnson & Johnson and its attorneys which asserted that the victim’s cancer was not caused by asbestos exposure in talc, but rather due to atmospheric exposure while living in an industrial area of Los Angeles decades earlier.

The jury’s award included $1.2 million in economic damages which includes past and future medical expenses, $6.5 million for past noneconomic damages, $20 million for the plaintiff’s husband and $12.6 million for future noneconomic damages. Jurors were presented evidence that the victim’s cancer tissue contained both anthophyllite and tremolite asbestos, which are two forms of the mineral that have been confirmed to be in Johnson & Johnson’s Baby Powder as well as their Shower to Shower product.

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.