Asbestos & Mesothelioma Law Blog

Congresswoman Introduces Legislation to Protect Children from Asbestos in Makeup

February 13, 2018 | Throneberry Law Group

Michigan Congresswoman Debbie Dingell recently introduced legislation to protect children from the hidden dangers in makeup products recently pulled from store shelves after news investigations revealed the contaminated merchandise was circulating in popular stores. The legislation, dubbed the Children’s Product Warning Label Act of 2018, would impose new labeling requirements on all cosmetic products marketing to children and inform consumers whether or not the items have been properly vetted.

If passed, the Children’s Product Warning Label Act of 2018 would require cosmetics companies to include a warning label that the product has not been evaluated for asbestos contamination unless certain testing is performed. This includes the manufacturer attesting in writing to the Secretary of the FDA that the source of the cosmetic products comes from an asbestos free-mine, and that they demonstrated to FDA that the product is asbestos-free using the transmission electron microscopy method.

“Parents across the country should have the peace of mind in knowing that the cosmetics they buy for their children are safe. Yet we were all stunned when the retailer Claire’s pulled 17 products from their shelves after asbestos was found in cosmetics marketed to children, including glitter and eye shadow,” said Dingell. “No child should be exposed to asbestos through the use of common, everyday products.”

How can I help my family member who has mesothelioma?

February 7, 2018 | Throneberry Law Group

Mesothelioma does not affect only the patient: It can have a ripple effect through an entire family. It often falls to family members to care for their loved one who has been diagnosed with the disease. Caring for a family member who has mesothelioma requires immeasurable compassion, strength and patience.

As the relative of someone who has been diagnosed with mesothelioma, you may be feeling overwhelmed. You may be wondering how you can even begin to care for your loved one in their time of need. Fortunately, there are several ways to help care for a family member who has mesothelioma.

1. Offer your support

Some Elderly Patients may Not be Getting the Cancer Treatment They Need

January 31, 2018 | Throneberry Law Group

A recent study by the Winship Cancer Institute at Emory University reveals disparities in the treatment given to elderly lung cancer patients, including those fighting mesothelioma and other deadly cancers. The study shows why it is so important for all mesothelioma patients, regardless of their demographic, to educate themselves and be proactive in their cancer treatment to improve their prognosis and maximize their survival term.

According to the study, which surveyed over 12,000 lung cancer patients at least 80 years old, African American patients were 20% less likely to receive chemotherapy and radiation to treat their condition. Furthermore, the research revealed that patients that lacked a high school education were 15% less likely to receive the same treatment as those with more education.

Another interesting trait uncovered in the study is that men are 40% more likely to receive chemotherapy and radiation treatment than women. The survival benefit associated with combination therapy persisted even after accounting for factors like age, sex, race, income, and individual tumor characteristics.

First Talcum Powder Asbestos Cancer Lawsuit Trial in New Jersey Begins

January 27, 2018 | Throneberry Law Group

Jury selection has begun in the first talcom powder asbestos cancer lawsuit against Johnson & Johnson in New Jersey, with opening statements expected to be made a few days later. Legal experts across the country will be keeping an eye on the case after a California jury sided with the defense in a similar case alleging that Johnson & Johnson’s asbestos-contaminated talcum powder products caused a female plaintiff’s mesothelioma cancer.

According to the mesothelioma cancer lawsuit, filed in Middlesex County Superior Court, the plaintiff developed mesothelioma as a result of using Johnson & Johnson’s talc-based products, Baby Powder and Shower to Shower. The plaintiff claims that she inhaled asbestos fibers from the contaminated products produced by the defendants and that they knew the products to contain asbestos but chose not to warn users.

In their response to the lawsuit, the defendants denied liability for the plaintiff’s injuries, claiming that faulty tests on their products revealed false positives showing the presence of asbestos. Johnson & Johnson recently had a successful defense of a similar asbestos talcum powder cancer claim in California and the plaintiff’s attorney secured a substantial $22 million jury verdict against Imerys Talc America, Inc. and Vanderbilt Minerals, LLC in California state court.

Employers should follow OSHA standards for hurricane cleanup

January 22, 2018 | Throneberry Law Group

Last year was a particularly destructive hurricane season. Hurricanes Irma, Harvey, Jose and Maria spread destruction through the Gulf Coast and the Caribbean. The process of recovering from the damage is ongoing, and probably will be for a long time. Cleanup workers have already started clearing damaged structures and rebuilding entire neighborhoods.

Cleanup personnel face unique hazards when it comes to working with the damage from hurricanes. One of the biggest risks is exposure to asbestos. When it comes to cleaning up in the wake of a hurricane, you should be aware of the potential exposure to asbestos as well as your employer’s responsibility to protect you.

The risks of hurricane cleanup

Children’s Makeup Recalled Due To Asbestos Concerns

January 16, 2018 | Throneberry Law Group

A parent purchasing a fun item for their child expects it to be safe. That’s why many were shocked to hear that about a retail chain store recently recalled several products after concerns about asbestos were brought to light.

Claire’s Stores Inc. recalled at least nine make-up items last month from their shelves following claims that some of their children and teen products contained traces of asbestos. A concerned Rhode Island mother voiced the concern that was confirmed by a lab test. She also happens to be an employee of a law firm that deals with asbestos-related cases.

The mother says that she decided to take some of the makeup she had bought for her daughter to a lab for testing, and to her surprise, the glittery makeup had traces of asbestos. Asbestos is a dangerous substance that known to cause cancer. If inhaled or swallowed, the detected asbestos can lead to both lung damage and cancer. This type of asbestos is also known to cause mesothelioma, a deadly form of cancer.

Mesothelioma Victim’s Widow Takes Appeal to Missouri Supreme Court

January 2, 2018 | Throneberry Law Group

A Missouri Appeals Court recently transferred what could be a precedent setting mesothelioma cancer claim to the state Supreme Court after the court determined that the two sides presented constitutional challenges to Missouri’s 2014 law governing mesothelioma workers’ compensation claims. Filing on behalf of her deceased husband, the plaintiff seeks over $500,000 in benefits under Missouri’s new law for herself and children as dependents while the defendants argue that because the victim’s asbestos exposure took place before the new statute took effect it should not be liable to pay benefits.

According to documents filed with the Missouri Court of Appeals, for 30 years the victim worked as a vinyl tile installer and was repeatedly exposed to asbestos using a material called “cut back,” which is a vinyl adhesive. Many years after retiring, the victim suffered a serious coughing fit in November 2017 and was hospitalized with what doctors ultimately diagnosed as complication from mesothelioma cancer.

In February 2015, the victim filed a workers compensation claim against his employer but succumbed to the diseased while the outcome was still pending. The victim’s spouse then filed an amended complaint listing herself as a dependant and eight children as survivors to receive his benefits. The plaintiff filed her claim under Section 287.200.4 of the Missouri Code which is “for all claims filed on or after January 1, 2014, for occupational diseases due to toxic exposure which result in a permanent total disability or death.”

Maryland Lawsuit Could Give Families More Time to File Asbestos Cancer Claims

December 30, 2017 | Throneberry Law Group

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Maryland’s Court of Appeals is slated to hear an important mesothelioma lawsuit brought by the family of a former pipe fitter that could have a tremendous impact on other claims challenging the statute of limitations under state law to bring mesothelioma claims. Currently, Maryland state laws allows victims or those representing their estates to bring mesothelioma lawsuits 20 years after exposure to asbestos, but the plaintiffs’ challenge could greatly extend that time period.

The plaintiffs in this case brought the lawsuit on behalf of their loved one, who worked as a steamfitter at the Morgantown Generating Station in Charles County, Maryland. A nearby Westinghouse turbine was insulated with asbestos in 1970, which the plaintiffs claim caused the victim’s passing in 2013 due to mesothelioma.

Mesothelioma is a rare and deadly form of cancer, commonly affecting the thin lining of tissue surrounding the lungs and abdomen. The disease is caused by asbestos exposure and while there are numerous promising scientific breakthroughs being made every year to treat the cancer, there is still no definitive cure to rid patients of mesothelioma.

What Can Fire Departments Do to Prevent Asbestos Exposure?

December 29, 2017 | Throneberry Law Group

Every day, firefighters face danger. Unfortunately, not all of that danger stems from the fires they fight. Some of that peril is in the carcinogens enmeshed in their gear from fighting those fires. In fact, their dirty turnout gear and the time they spend battling fires, absorbing carcinogens, is increasing the risk for cancer and increasing cancer-related deaths in firefighters.

Preventing Asbestos Exposure

But what can fire departments do to help prevent asbestos exposure? They’re already wearing protective gear, but that gear, may have been exposed to clouds of asbestos fibers. When they remove their gear, those fibers can spread. If it’s not handled properly, it can then pose a risk to those around it. Anyone who breathes in the fibers or touches the gear can be at risk.

The Difficulties Of Diagnosing Mesothelioma

December 21, 2017 | Throneberry Law Group

Mesothelioma is an aggressive and rare form of cancer that attacks tissues lining the lungs, heart or abdomen. Most people who have been diagnosed with mesothelioma have been exposed to asbestos at some point in their lives. Why is it so difficult to diagnose? Here are three major reasons that can help individuals and families understand why.

Rarity

Even though thousands of people are diagnosed each year, mesothelioma is still a rare form of cancer. Due to its rarity, many doctors are not familiar with the symptoms, which can lead to a misdiagnosis.