December, 2020

Louisiana Jury Hands Down $10.3 Million Plaintiff’s Verdict in Mesothelioma Lawsuit

December 13, 2020 | Throneberry Law Group

A Louisiana state jury recently handed down a substantial verdict in a mesothelioma cancer lawsuit brought by a former longshoreman who claims he developed a serious form of lung cancer from years of asbestos exposure during the 1960s. The New Orleans jury found that defendants Ports America Gulfport Inc., Cooper T. Smith Stevedoring Co. Inc. and South African Marine Corp. were all responsible for the plaintiff’s mesothelioma diagnosis, and awarded the victim $10.3 million in total compensation for his injuries.

According to the asbestos cancer lawsuit, filed in Louisiana Civil District Court for the Parish of Orleans, the plaintiff developed mesothelioma from unloading raw asbestos from ships docked at the wharfs he worked from 1964 to 1968. The plaintiff further alleged that he came in contact with asbestos through second hand exposure from the work clothes his father would wear while working as a longshoreman himself.

The lawsuit alleged that the defendants knew or should have known about the dangers posed by asbestos and provided warning to the plaintiff and other workers. Instead, the lawsuit alleges, the defendants chose to ignore such information or condoned the concealment of such in order to continue with their business practice of selling asbestos and asbestos-containing products. As a result of the defendants’ negligence, the plaintiff developed mesothelioma and suffered serious injury.

Ohio Appeals Court Revives Asbestos Cancer Lawsuit Against Honeywell International

December 6, 2020 | Throneberry Law Group

An Ohio appeals court recently revived an asbestos cancer lawsuit brought by the widow of a mesothelioma cancer victim who claimed that he developed a rare and deadly form of lung cancer from years of exposure to asbestos while working with the Bendix brakes. After a Cuyahoga County Court of Common Pleas granted the defendant, Honeywell International, Inc., summary judgment in 2017, the Eighth Appellate District in Ohio agreed with the plaintiff that the lower court erred in its decision and that there were genuine issues of fact about the case for a jury to decide in a court of law.

According to the asbestos cancer lawsuit, the plaintiff’s widow alleged that her husband developed mesothelioma from using Bendix brake products developed by Honeywell International while working as a supervisor for a company that manufactured intercity buses. The plaintiff presented testimony from the victim’s coworker that stated the victim spent significant time in the area of the facility where brake work was being done, where asbestos fibers from the defendant’s Bendix brakes were present in the air. Further, the plaintiff claimed that her husband was exposed to asbestos fibers during the time he worked in the area of the facility where Bendix brake linings were grounded.

Fortunately for the plaintiff, the Ohio appeals court agreed that the case should be heard by a jury and gave the victim a chance for his case to be heard in court, six years after his passing in 2014. The case is yet another example of the lengths to which gigantic companies will go in order to skirt liability for the harm caused by the products they knew or should have known could pose a health risk to workers and the general public.

Johnson & Johnson Agrees to Significant Settlements in Talcum Powder Asbestos Cancer Lawsuits

December 1, 2020 | Throneberry Law Group

Pharmaceutical and cosmetics giant Johnson & Johnson recently agreed to a significant settlement to resolve over 1,000 talcum powder asbestos cancer lawsuits claiming that plaintiffs developed serious forms of cancer, including mesothelioma, as a result of exposure to deadly carcinogens in the company’s talc-based products. The terms of the settlement, the first major settlement during the years of litigation related to the cases, calls for Johnson & Johnson to pay more than $100 million in total to the group of plaintiffs, but still leaves thousands more cases unresolved.

According to securities filings with the Securities and Exchange Commission, Johnson & Johnson faces an estimated 20,000 other asbestos cancer lawsuits from plaintiffs who claim that they developed cancer from years of using the company’s iconic Baby Powder and Shower to Shower products. This year, despite maintaining that its products are safe for consumers, Johnson & Johnson announced that it will cease all sales of talc-based Baby Powder in North America, while continuing to sell the original formula with talc in overseas markets.

Many lawsuits against Johnson & Johnson allege that the talc-based Baby Powder and Shower to Shower products are contaminated with carcinogenic asbestos fibers, which are directly linked to developing mesothelioma. Mesothelioma is a rare and deadly form of cancer that commonly affects thin linings of tissues surrounding vital organs such as the lungs, heart, and abdominal cavity. While researchers and scientists across the globe continue to search for a cure and make progress developing therapeutics to help mesothelioma patients, there is still currently no cure for the disease and patients are often left with months to live by the time a diagnosis is made.