Asbestos & Mesothelioma Law Blog

Montana Courts to Hear Case on Asbestos-Related Injuries From Libby Mine

October 25, 2017 | Throneberry Law Group

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Almost two decades after environmental regulators discovered serious asbestos contamination at a vermiculite mine in Libby, Montana, lawsuits related to asbestos exposure continue to work their way through the courts. A federal judge is set to decide whether a dozen or so cases will remain in Montana state court or be transferred to federal court and decide whether or not a whole host of defendants are liable for the plaintiffs’ serious medical conditions related to asbestos exposure near the mine.

Hundreds of cases against defendants BNSF Railroad Company, the state of Montana and other entities allege the defendant’s negligence caused the plaintiffs’ medical conditions, including mesothelioma, a rare and aggressive form of lung cancer commonly affecting the lungs. In August, about one dozen other cases were transferred from Cascade County District Court to U.S. District Court for the District of Montana in Great Falls.

The vermiculite mine’s original owner, W.R. Grace & Co., filed for Chapter 11 Bankruptcy in 2011 and formed an asbestos bankruptcy trust before splitting into two separate companies in 2015. The trust established by W.R. Grace compensates victims who were harmed by the asbestos in the vermiculite mine it operated and allows the company to settle its debts and restructure. According to reports, the trust is valued at $4 billion and could end up compensating thousands of possible claimants harmed by the company’s activities at the mine.

Five Frequently Asked Questions About Mesothelioma

October 16, 2017 | Throneberry Law Group

Most people have heard of asbestos, but not all are familiar with the risks involved with this toxic material. Some only learn of mesothelioma when they have a personal reason to do so, such as a doctor diagnosing their disease or having a friend or loved one dealing with it. Many questions will run through their heads. Here are some of the most common:

What is mesothelioma? A rare and extremely deadly form of cancer, mesothelioma is caused by the inhalation of asbestos fibers over time. It causes cancerous cells to form in tissue around covers the lungs, chest wall or abdomen.
Who is at risk? Certain types of workers, such as mechanics, electricians and plumbers, are at risk for asbestos exposure. Family members of these workers also are at risk. Individuals may have been exposed to asbestos working in places such as:

Power plants
Shipyards
Oil refineries
Mills
Factories

3. When do symptoms appear? It can take 20 years for the cancer to form after exposure. Shortness of breath and pain under the rib cage are common symptoms, but it can be difficult to diagnose. Most individuals with mesothelioma were exposed to asbestos in the 1950s, 1960s, 1970s or 1980s.

4. What is the prognosis? The prognosis depends on many individual factors, including age and gender. About 40 percent of patients with mesothelioma survive one first year after a diagnosis. Older mesothelioma patients have a much lower survival rate.

Memo Reveals J&J Knew About Possible Asbestos in Talcum Powder for Decades

October 9, 2017 | Throneberry Law Group

Cosmetics and personal hygiene products company Johnson & Johnson has made massive headlines in recent months over substantial jury verdicts handed down against the company over allegations that it knew for years about the possible causal link between using talcum powder and developing ovarian cancer. Now, J&J could be open to even more liability after an internal company memo surfaced in another trial that shows it also knew its talcum powder products could also be contaminated with asbestos, a flaky white mineral known to cause the deadly lung cancer mesothelioma.

Attorneys representing more than 50 clients in a class action lawsuit against Johnson & Johnson recently unveiled internal company memos suggesting that the defendant was aware as far back as the 1970s that some of its talcum powder from a pair of mines was contaminated with asbestos. Those contaminated sources allegedly came from mines in Vermont and Italy and appear to directly contradict the company’s claims that its talc-based products have been asbestos-free since the federal government declared asbestos a dangerous carcinogen many decades ago.

Those memos, dated to 1973, state that Johnson & Johnson found two different types of asbestos in its talcum powder, prompting one company official to suggest switching its Baby Powder ingredients to corn starch instead. Furthermore, documents obtained by the plaintiffs show that the defendant went as far as to rewrite product booklets to omit the fact talcum powder from the Italian mine contained the cancer-causing mineral.

Michael Throneberry – America’s Top 100 Attorneys Lifetime Achievement Selection

October 4, 2017 | Throneberry Law Group

October 4, 2017 – Announcing the Lifetime Achievement selection of Michael Throneberry among America’s Top 100 Attorneys®. Lifetime Achievement selection to America’s Top 100 Attorneys® is by invitation only and is reserved to identify the nation’s most exceptional attorneys whose accomplishments and impact on the legal profession merit a Lifetime Achievement award.

Selection is not achieved based on a single accomplishment or a single great year of success, but rather on a lifetime of hard work, ethical standards, and community enriching accomplishments that are inspiring among the legal profession. To help ensure that all attorneys selected for membership meet the very high standards expected for selection, candidates for lifetime membership are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, lifetime achievements, significant case results, peer reputation, and community impact. With these extremely high standards for selection to America’s Top 100 Attorneys®, less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community.

Florida Supreme Court to Hear Appeal in Mesothelioma Cancer Lawsuit Against Tobacco Company

October 2, 2017 | Throneberry Law Group

The Florida Supreme Court recently agreed to hear the appeal of a plaintiff whose $8 million verdict against a tobacco company was thrown out by a state Appeals Court and subsequently denied a review by a larger panel of judges. The victim’s lawsuit claimed that R.J. Reynolds tobacco company produced a defective product which ultimately contributed to the plaintiff developing mesothelioma, a rare and aggressive form of lung cancer associated with exposure to asbestos.

The mesothelioma cancer lawsuit alleged that the victim’s cancer developed through exposure to asbestos-laden filters on Kent cigarettes the plaintiff smoked in the 1950s as well as exposure to asbestos in gaskets produced by Crane Co. A jury initially awarded the plaintiff $8 million for his injuries, including pain and suffering, as compensation for the defendants producing a product which they knew contained harmful substances but did nothing to warn consumers about.

However, the defendants appealed the verdict on the grounds that the trial court improperly admitted an expert witness for the plaintiffs who specialized in occupational and environmental medicine. The expert asserted at trial that the type of chrysotile asbestos used in the cigarette filters and gaskets directly contributed to the victim’s injuries. Another expert witness for the plaintiff also testified as to the link between the victim’s diagnosis and exposure to the defective products developed and sold by the defendants.

Military Families File Class Action Lawsuit Against U.S. Marine Corps Over Asbestos Exposure at On-Base Housing

September 26, 2017 | Throneberry Law Group

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A group of military families recently filed a class action lawsuit against several residential entities associated with on-base housing for dependants at Marine Corps Air Station (MCAS) in Beaufort, South Carolina. Attorneys for the eleven named families in the lawsuit claim that the plaintiffs and potentially tens of thousands of others suffered exposure to several toxic and potentially carcinogenic substances, including asbestos, while living in military housing.

The lawsuit, filed in the Court of Common Pleas Fourteenth Judicial Circuit for Beaufort County, claims that the defendants knew for decades about the seriously hazardous conditions many families lived in while acting as property and real estate managers for the military. The claim even goes so far as to state that the defendants “knowingly and intentionally” placed victims in harm’s way by refusing to alert residents to the dangers they faced.

The named plaintiffs allege that the presence of toxic substances, including cancer-causing pesticides, lead paint, and asbestos, was the direct and proximate cause of their cancer diagnosis and other serious health conditions. Specifically, the complaint alleges exposure to toxic pesticides from storage tanks built from the 1950s to the 1970s that were left near tennant housing. Those allegations first came to light many months ago when one of the lead plaintiffs posted a video on Youtube.

Michigan Woman Files Asbestos Cancer Lawsuit After Losing Husband to Lung Cancer

September 22, 2017 | Throneberry Law Group

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A Michigan woman recently filed an asbestos cancer lawsuit against a slew of defendants claiming the companies are responsible for her husband’s lung cancer diagnosis, which she claims is a direct result of coming in contact with asbestos-contaminated products produced by the defendants. The plaintiff’s lawsuit states that she became widowed in October of 2016 after her husband lost his battle with the deadly asbestos-related lung cancer he developed while working with the defendant’s defective products from the 1960’s to early 2010’s.

The asbestos cancer lawsuit, filed in St. Clair County Circuit Court in Illinois, claims that defendants like Arvinmeritor Inc., A.W. Chesterton Co., CBS Corp., Certain-Teed Corp., and Colfax Corp. continued to produce asbestos laden products despite safer alternatives being available. Furthermore, the claim charges that the defendants knew for decades about the health risks their products posed but chose not to alter their designs or inform users about the dangers.

For decades, companies like the defendants named in the asbestos cancer lawsuit developed their asbestos products knowing full well that the small fibers could result in serious, if not deadly, medical condition. However, despite the insider knowledge, many unscrupulous companies continued to use asbestos in their commercial and industrial applications due to its cheap cost and heat resistant properties. It was not until the mid-1970’s the federal government stepped in and formally regulated the sale and manufacture of the product.

Zimbabwe Poised to Resume Asbestos Production at Two Mines

September 20, 2017 | Throneberry Law Group

A recent report in the African Independent indicates Zimbabwe is poised to reopen two asbestos mines shuttered almost a decade ago, citing growing domestic and international demand for the chrysotile asbestos, a type of white asbestos popular in many industrial applications. Government officials hope the reopening of sites at Shabanie and Mashava in southern Zimbabwe could bring the African nation back to the top of worldwide asbestos production where it once ranked sixth behind nations like Russia, India, and Kazakhstan.

At their peak, the two mines produced an estimated 140,000 tons annually and about 300,000 jobs for the nation, resulting in a $40 million influx of foreign currency. Officials expect the reopened mines to create 100,000 jobs in the asbestos industry as part of hundreds of millions of foreign investment for infrastructure and industry projects. However, the economic benefits could come with a huge human cost to mine the cancer causing mineral and spur economic growth in the troubled nation.

Every year in the U.S., thousands of people receive a mesothelioma cancer diagnosis from their doctor, an otherwise rare disease commonly associate with asbestos exposure. For many decades, domestic companies utilized asbestos in a variety of applications due to its heat resistant properties. Some industries associated with asbestos laden products include welding and pipe fitting in nuclear reactors and Navy vessels, auto parts manufacturing, and construction.

Asbestos Cancer Victim’s Case Against Talc Maker Heads to Trial in Philadelphia

September 5, 2017 | Throneberry Law Group

After numerous legal objections and obstruction by defense attorneys, an asbestos cancer victim’s trial against a talc-based product manufacturer appears poised to finally see a courtroom to determine what, if any, damages the plaintiff should receive as compensation for the defendant’s negligence. The high-profile case claims Johnson & Johnson’s Cashmere Bouquet talcum powder caused the plaintiff’s mesothelioma cancer because the product contained asbestos, a flaky white mineral once widely used in many industrial applications.

The asbestos cancer lawsuit, filed in the Philadelphia Court of Common Pleas, alleges that the plaintiff used the defendant’s talc-based products daily from 1954 to 1970 and developed the deadly lung cancer as a direct result. According to reports, the case will be the first time a Pennsylvania court takes up hard scientific issues over causation between using cosmetic talc-products and developing mesothelioma from talcum powder use.

However, this is not the first talcum powder-asbestos cancer case to go all the way to trial, with juries in New Jersey, California, and New York awarding plaintiffs multi-million dollar verdicts to compensate them for the negligence of talcum powder suppliers and cosmetics companies. Other juries have hit Johnson & Johnson with massive plaintiffs verdicts finding the pharmaceutical and cosmetic company liable for victims’ ovarian cancer caused by the talcum powder itself.

Former Tennessee State Senator Passes Away From Mesothelioma

August 31, 2017 | Throneberry Law Group

Sen. Ray Albright, a 26-year veteran in the Tennessee state legislature, recently passed away at the age of 83 after a battle with mesothelioma, a rare and aggressive form of cancer that typically affects the thin lining of tissue surrounding the lungs and abdomen. Sen. Albright first won election to the Tennessee House of Representatives in 1968, running on a strong environmental platform dedicated to cleaning up air pollution in Chattanooga, known at the time as having the worst air pollution in the state.

Sen. Albright won election to the state Senate in 1970 and became well known for co-sponsoring a bill to put a community college in Chattanooga. Albright grew up in a modest household and valued education as a means for people to advance their careers and improve their lives. Colleagues remembered him as an effective legislator who was well liked. After leaving politics in 1994, Sen. Albright went to work for health care provider Blue Cross in its relations department.

Sen. Albright announced his mesothelioma cancer diagnosis in November of 2016. He disclosed that he likely contracted the disease sometime in the 1950s or 1960s after being exposed to asbestos while working at an engineering plant for Combustion Engineering. The engineering firm owned and operated a boiler manufacturer in Chattanooga as well as many other facilities engaged in many activities associated with asbestos exposure.