Asbestos & Mesothelioma Law Blog

West Virginia Court Overturns Workers’ Compensation Board’s Mesothelioma Ruling

September 26, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as Mr. S.T.C. and his widow as Mrs. M.C.

In a recent court decision, the Court of Appeals of West Virginia overturned a worker’s compensation board’s mesothelioma ruling. Mr. S.T.C. died of malignant mesothelioma in October 2020. After Mr. S.T.C.’s passing, his widow, Mrs. M.C., filed a workers’ compensation claim against his former employer. However, the claim was denied. Mrs. M.C. challenged this decision before the workers’ compensation board, which upheld the administrator’s denial. Mr. S.T.C.’s widow refused to give up and filed an appeal with the Court of Appeals of West Virginia. This time, the decision was overturned. Mrs. M.C.’s workers’ compensation claim was returned for further consideration.

Mrs. M.C. presented a strong case to the workers’ compensation board. She had strong evidence showing the asbestos exposure that led to Mr. M.C.’s illness. The widow presented a comprehensive collection of documents, including a statement that her late husband prepared before his passing. In his statement, Mr. S.T.C. explained his employment history and the duties he performed, which involved working closely with asbestos-contaminated materials. Mrs. M.C. also provided an affidavit from one of her late husband’s supervisors, as well as technical details from equipment manuals and physician testimonies that supported the link between her late husband’s work environment and his illness.

A Senior Living Facility Fined Over $1 Million in Fines for Asbestos Violations That Risked Mesothelioma

September 24, 2024 | Throneberry Law Group

Mesothelioma is a rare and aggressive form of cancer that develops after someone suffers asbestos exposure. Asbestos is a substance that was widely used many years ago due to its qualities. However, as much as asbestos is no longer widely used, legacy asbestos remains a huge concern. Legacy asbestos is asbestos-containing materials installed in buildings, products, or equipment before the 1980s. Asbestos was commonly used in construction and manufacturing due to its fire-resistant and insulating qualities. Buildings containing materials installed before the use of asbestos started being regulated may still contain asbestos, posing risks during renovations and demolition. Asbestos activists and mesothelioma advocates are constantly warning people of the dangers of legacy asbestos. Recent happenings in California show that these concerns are warranted. A senior living facility in California was recently fined $1,125,000 in fines for failing to test for asbestos in its homes.

Malignant mesothelioma is often diagnosed in individuals who were exposed to asbestos many years ago when it was still frequently used. This illness can be diagnosed up to 60 years or more after asbestos exposure. However, while mesothelioma is no longer widely used, it continues to pose significant risks. Buildings and machinery built and sold before 1980 may still contain asbestos. Despite stringent laws about asbestos management, many people ignore these rules to cut costs or avoid delays. This puts many people at risk of developing mesothelioma and other asbestos-related illnesses.

Covia Communities, renamed Front Porch, knew about the dangers of asbestos exposure. However, despite knowing this, the senior living facility developer renovated its facilities without adhering to asbestos regulations. The developer did not obtain building permits or test for asbestos. Asbestos laws require building materials to be sampled and tested before renovation or demolition work can commence.

What is the Criterion for a Mesothelioma Lawsuit?

September 22, 2024 | Throneberry Law Group

Mesothelioma, a rare and aggressive form of cancer, is primarily caused by asbestos exposure. Mesothelioma can be devastating for patients and their families. Fortunately, mesothelioma victims and their families may be eligible to file mesothelioma lawsuits and pursue justice and compensation. If you or a loved one recently got a mesothelioma diagnosis, you may be wondering whether you are eligible to file a mesothelioma lawsuit. You may be asking, “What are the criteria for a mesothelioma lawsuit?” This article examines the criteria that must be met for a person to pursue a mesothelioma lawsuit.

A Mesothelioma Diagnosis

The most critical criterion for a mesothelioma lawsuit is a formal diagnosis from a qualified medical professional. To diagnose mesothelioma, a doctor may order imaging scans, such as X-rays and CT scans. Based on the findings, the doctor may order more tests to determine if mesothelioma is causing the symptoms. However, a biopsy is the only way to determine if a person has mesothelioma. This entails removing a small portion of tissue and examining it in a laboratory. Once mesothelioma is confirmed, the doctor may recommend additional tests to determine if the cancer has spread to other areas of the body.

Talc Supplier’s Arguments Fail in Mesothelioma Case

September 18, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as L.G.

In a recent court decision, the Supreme Court of New York rejected a talc supplier’s motion for summary judgment. This case centers around a woman who we will refer to as L.G. in this article. L.G. was diagnosed with malignant mesothelioma after years of using talc powder products. Kolmar Laboratories, the manufacturer of the products, was named as one of the defendants in L.G.’s negligence claim. Kolmar Laboratories petitioned for removal from the lawsuit, but the company’s arguments failed. The case will move forward for a jury to weigh the evidence.

After L.G. was diagnosed with malignant mesothelioma, she traced the cause of her illness to the Johnson & Johnson talc powder products she had used for many years. Malignant mesothelioma is a form of cancer that affects the thin tissue lining most internal organs, known as the mesothelium. Mesothelioma is a rare form of cancer. In the United States, around 3,000 new mesothelioma cases are diagnosed yearly. This illness is primarily caused by asbestos exposure. Asbestos is a naturally occurring mineral whose fibers are strong and heat resistant. This made asbestos useful in a wide variety of applications. When asbestos is disturbed, tiny fibers are released into the air, which can get stuck in the mesothelium after being inhaled or ingested. Over time, a person may suffer inflammation and scarring, leading to the development of malignant mesothelioma. Kolmar Laboratories manufactured the Johnson & Johnson products that L.G. used. Because of this, Kolmar was named as one of the defendants in L.G.’s mesothelioma claim.

Mesothelioma Researcher Wins Legal Battle Against Johnson & Johnson

September 16, 2024 | Throneberry Law Group

A significant legal victory was recently achieved when a federal judge dismissed a lawsuit filed by Johnson & Johnson (J&J) against a mesothelioma researcher. For long, mesothelioma victims have encountered challenges when trying to hold companies liable for their asbestos exposure. Many asbestos companies have defended themselves by challenging scientific evidence. Often, these companies argue that there is no conclusive proof that asbestos exposure causes mesothelioma. They focus on the methods and data and refuse to accept responsibility. Most recently, J&J filed a lawsuit against a mesothelioma scientist whose research suggests that talc-based consumer products can cause cancer. However, the judge dismissed the giant pharmaceutical company’s suit, emphasizing the researcher’s right to free speech. The judge also found no evidence to show that the researcher’s findings were false.

J&J has faced tens of thousands of lawsuits filed by victims of mesothelioma and ovarian cancer who used the company’s talc-based baby powder. The victims blame the talc-based baby powder for their asbestos exposure, which, in turn, caused their illnesses. The claimants argue that J&J failed to adequately warn consumers about the potential dangers associated with their product. In response to the lawsuits against them, J&J has employed several strategies, including creating a subsidiary, LLT Management, that proceeded to file for bankruptcy. The company has also filed lawsuits against researchers, including one prominent mesothelioma researcher, Dr. Jacqueline Moline.

Plaintiffs have presented internal J&J documents describing fears over the company’s talc’s connection to cancer. Despite this, the company still filed lawsuits against several researchers. Johnson & Johnson has not only attacked the researchers’ studies but has also accused one of the researchers, Dr. Jacqueline Moline, of libel, fraud, and false advertising in connection to the paper she published that connects asbestos-containing talcum powder products to mesothelioma.

Judge Denies DAP’s Motion for Summary Judgment Despite the Defendant Presenting Affidavits

September 15, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as P.J.M.

In a recent court decision, Justice Adam Silvera denied DAP’s motion for summary judgment despite them presenting affidavits provided by their employee. In this case, the family of P.J.M., who passed away due to mesothelioma, an illness that develops due to asbestos exposure, named DAP Inc. and others as defendants. The family blamed P.J.M.’s disease on exposure to several products that contained asbestos. DAP requested dismissal from the case by filing a motion for summary judgment. The defendant claimed it did not make or sell the products the family is blaming for Mr. P.J.M.’s illness. Despite DAP’s assertion, the court denied the petition and allowed the case to proceed.

Often, defendants in mesothelioma lawsuits and other asbestos-related lawsuits seek dismissal by arguing that the lawsuit is baseless. It is common for defendants to argue that their products were not involved in the plaintiff’s asbestos exposure. It is common for defendants to claim that their products could not have contributed to the claimant’s illness. However, in the New York County Supreme Court, such arguments are often denied because the bar for dismissal is high. Defendants are typically required to unequivocally establish that their products could not have caused the claimant’s injury.

South Carolina Jury Awards $63.4 Million to Mesothelioma Victim in Case Against Johnson & Johnson

September 8, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as M.P.

In a recent court decision, a South Carolina state court jury awarded $63.4 million to a man diagnosed with malignant mesothelioma in a case against Johnson & Johnson (J&J). The compensation amount is meant to cover both punitive and compensatory damages. M.P. was diagnosed with malignant mesothelioma, a rare and aggressive illness that develops after asbestos exposure, at the age of 53. He blamed his illness on his lifelong use of Johnson & Johnson’s talc powder.

Malignant mesothelioma is a type of cancer that is rare in the United States. Statistics suggest that about 3,000 new mesothelioma cases are diagnosed in the United States annually. Mesothelioma develops after a person is exposed to asbestos. However, this illness does not develop immediately after exposure. It can take decades for mesothelioma to develop after asbestos exposure. Asbestos is a naturally occurring mineral that is resistant to heat, fire, and many chemicals. This made asbestos useful in many industries and products. However, when asbestos is disturbed, it releases fibers into the air, which, when inhaled or ingested, can become lodged in the lungs or other tissues, leading to serious health issues like mesothelioma.

A Court of Appeals Upholds a $10 Million Punitive Damages Award in Mesothelioma Case

August 28, 2024 | Throneberry Law Group

For purposes of this article, the Navy widow in this case will be referred to as J.G.P., and her late husband as J.E.P.

In a recent decision, the Missouri Court of Appeals upheld a $10 million punitive damages award for a Navy widow who lost her husband in 2012 after he developed malignant mesothelioma. Malignant mesothelioma is an aggressive cancer that develops in the mesothelium, which is the tissue layer covering most internal organs. This illness is mainly caused by asbestos exposure, a toxic mineral fiber that was widely used in the 20th century. Asbestos was popular because of its properties and was widely used in manufacturing, construction, and numerous industrial applications. The Court of Appeals found the defendant, Crane Co., liable for the asbestos exposure that resulted in the malignant mesothelioma that killed J.G.P.’s husband.

Mr. J.E.P. had served in the Navy for five years in the 1950s as a machinist responsible for maintaining valves on a ship. This job entailed replacing gaskets and packing made with asbestos. When asbestos is disturbed, its tiny fibers can become airborne. Inhaling these fibers can result in serious health issues, including malignant mesothelioma. Mr. J.E.P.’s mesothelioma was blamed on having inhaled the asbestos-contaminated dust that worked with the parts created. After his passing, his widow, J.G.P., filed a lawsuit against John Crane Co., the company that manufactured the asbestos-containing components.

A District Court Affirms a $5 Million Punitive Damages Award in a Mesothelioma Case

August 16, 2024 | Throneberry Law Group

For purposes of this article, the claimant in this case will be referred to as S.C. and her late husband as G.C.

In a recent mesothelioma case decision, a district court denied the defendant’s motion to reverse a $5 million punitive damages award. Navy veteran G.C. died after developing malignant mesothelioma. Mesothelioma is a type of cancer that is primarily caused by asbestos exposure. The Navy veteran suffered years of asbestos exposure while working as a machinist. After his diagnosis, he filed a product liability claim against John Crane, a gasket company. Unfortunately, he passed away before his case was resolved. After his passing, his widow, S.C., continued with the case as a wrongful death lawsuit. After the trial, the jury ruled in favor of the widow and granted her $9 million in compensatory damages. John Crane was allocated 20% of the damages and another $5 million punitive damages. The defendant tried overturning the decision, but the district court upheld it.

After the trial jury made its ruling, John Crane Co. argued that the claimants had failed to provide enough evidence to show that their products caused Mr. G.C.’s mesothelioma. The judges noted that Arizona law does not require a claimant to prove that the defendant’s actions were the sole factor in producing the injury. According to the law, even if other factors were involved, a defendant can still be held liable if their actions were a “substantial” factor in producing the injury. Upon reviewing the evidence, the court found that the family had presented sufficient evidence of Mr. G.C.’s frequent, direct contact with asbestos-contaminated dust from the defendant’s products.

Appellate Court Affirms $9 Million Award in Mesothelioma Case Against Brake Grinder Manufacturer

August 9, 2024 | Throneberry Law Group

For purposes of this article, the mesothelioma victim in this case will be referred to as W.M.

In a recent court decision, the Justice of the Supreme Court of New York County upheld a $9 million verdict against Hennessy Industries, answering a vital legal question: Do manufacturers who make equipment meant to be used on asbestos-contaminated products have a duty to warn of the dangers of malignant mesothelioma? When a New York jury answered yes to this question and rendered a verdict, the defendant appealed the decision. An appellate judge then affirmed the jury’s decision.

This case began when W.M. got diagnosed with mesothelioma and decided to take legal action against the company he blamed for exposing him to asbestos. W.M. filed a personal injury lawsuit against Hennessy Industries’ subsidiary AMMCO, which had manufactured a grinder that he used on asbestos-contaminated brake linings made by BMW. The victim explained that using the grinder had created asbestos-contaminated dust, which he breathed in. This asbestos exposure resulted in W.M. developing mesothelioma, a rare and aggressive type of cancer that forms in the mesothelium, which is the tissue that lines most internal organs.