March, 2020

Family of Former Penn State Employee Files Asbestos Cancer Lawsuit Against University

March 30, 2020 | Throneberry Law Group

The family of a former Penn State University professor recently filed an asbestos cancer lawsuit against the school alleging that the victim passed away from mesothelioma cancer that he developed after years of working in dangerous conditions at the educational institution. The lawsuit seeks to recover compensation for the victim’s pain and suffering and hold the university responsible for knowingly placing the victim at undue risk in unsafe work environments.

According to the mesothelioma cancer lawsuit, filed in a Pennsylvania state court in Pittsburgh in 2016, the victim developed mesothelioma as a result of working in buildings which the university knew were constructed with asbestos in floor and ceiling tiles and insulation. The lawsuit alleges that the victim was diagnosed with mesothelioma cancer in 2014 and passed away just four months later, 12 years after retiring from teaching as a wood sciences professor.

The asbestos cancer lawsuit against Penn State cites a study conducted by the university in the 1970s which showed that almost one hundred buildings on its campus were built with asbestos materials. However, despite this knowledge, the school eventually ceased asbestos abatement in 1989 after administrators cited budgetary concerns, noting that “In all future projects, our goal should be to minimize the removal of asbestos to only what is absolutely required. Obviously, this will help us a lot in the area of project budgets.”

Florida Jury Hands Down $9 Million in Talcum Powder Asbestos Cancer Lawsuit

March 15, 2020 | Throneberry Law Group

A Florida state jury recently handed down a substantial $9 million verdict in a talcum powder asbestos cancer lawsuit brought by an 82-year-old woman who claimed she developed mesothelioma from years of using talc-based products contaminated with carcinogens. The talcum powder cancer lawsuit named New Jersey-based pharmaceutical and cosmetics giant Johnson & Johnson as the defendant, claiming that the company knew for decades about the risk of asbestos in its talcum powder products but provided no warnings to consumers.

The verdict comes just days after a New Jersey jury handed down an even larger verdict on behalf of four plaintiffs who claimed they too developed various forms of cancer from using Johnson & Johnson’s iconic Baby Powder. In that case, the jury determined that the plaintiffs were entitled to $750 million in compensatory and punitive damages, though that verdict will be reduced in accordance with New Jersey state law.

In the Florida case, the Miami jury heard testimony that Johnson & Johnson executives knew as far back as the 1960s that talc mined from deposits in Vermont and Italy contained asbestos fibers but failed to provide any warning to consumers about the risks of asbestos exposure. As a result of years of exposure to asbestos fibers in Johnson & Johnson’s Baby Powder, the plaintiff developed mesothelioma, a rare and deadly form of cancer that commonly affects thin linings of tissue surrounding vital organs such as the lungs, abdomen, and heart.

Illinois State Appeals Court Upholds $4.6 Million Mesothelioma Cancer Verdict

March 7, 2020 | Throneberry Law Group

An Illinois state appeals court recently upheld a substantial $4.6 million verdict in a mesothelioma cancer lawsuit brought by a union pipefitter who worked with products manufactured by John Crane, Inc. during the 1950s. In its ruling, the First District Appellate Court determined the trial court was right to allow the plaintiff’s attorneys to present expert testimony showing the victim’s asbestos cancer diagnosis was a result of exposure to asbestos fibers while working with John Crane products.

In his lawsuit, the plaintiff testified that he suffered from significant asbestos exposure from valves and gaskets, including those manufactured by the defendant. At trial, the plaintiff’s expert witness testified that the products manufactured by John Crane were a substantial contributing factor to the victim’s mesothelioma cancer diagnosis. Defense attorneys harped on testimony by this expert for the plaintiffs in which he explained the nuances in the relationship between asbestos exposure and developing mesothelioma cancer.

Additionally, the defendant took issue with the jury instructions given to the panel to help them reach a decision during their deliberations. These jury instructions are a standard part of our judicial system and both inform the jury of the legal standards for reaching a verdict and how they must apportion responsibility in civil cases. John Crane’s attorneys had asked the judge to give the jurors specialized jury instructions pattered for the particular case, though the trial judge determined that the Illinois state pattern instructions were sufficient.

University Study Examines Mesothelioma in Women

March 1, 2020 | Throneberry Law Group

A recent Duke University study published in The American Journal of Surgical Pathology examined hundreds of women diagnosed with diffuse mesothelioma, looking to an analyzing trends among the group which could eventually shed light on new treatment and detection methods. One of the key findings in the mesothelioma cancer study found that women with objective markers were diagnosed with pleural mesothelioma and that their average age of diagnosis was older compared to those diagnosed with another common type of the cancer, peritoneal mesothelioma.

The mesothelioma cancer study, which was a continuation study of an ongoing study by Duke University, examined 354 female mesothelioma patients of which the overwhelmingly majority were known to have been exposed to asbestos. The authors state that this exposure came from household contact, primarily from a family member who would have been exposed to asbestos fibers in an industrial setting. Of those studied, 275 patients had a pleural mesothelioma diagnosis which corresponds to linings of tissue surrounding the lungs and 79 cases were those of peritoneal mesothelioma which affects tissue linings around the abdominal cavity.

The researchers found that survival rates were longer for those with epithelial subtypes of peritoneal mesothelioma, though their average age of diagnosis was younger at 52 years of age compared to 62 years of age for those diagnosed with pleural mesothelioma. Further, researchers found that tremolite asbestos was a common form of the mineral which the patients were exposed to, followed by amphibole asbestos – considered one of the most deadly forms of the mineral. Some of these types of asbestos are found in cosmetics products such as talcum powder.