Mesothelioma Legal Blog

Just weeks after a California jury handed down a substantial $29 million plaintiff’s verdict, Johnson & Johnson has settled three other talcum powder asbestos cancer lawsuits with victims and families. Those and other lawsuits against the pharmaceutical and cosmetics giant claim that plaintiffs developed serious health conditions, including mesothelioma and other cancers, due to years of using Johnson & Johnson talc-based products like Baby Powder and Shower to Shower.

The New Jersey state supreme court recently allowed a pair of talcum powder cancer lawsuits to proceed to trial. A lower court had overturned another judge’s decision to toss out the matter and effectively rule in favor of the defendant, Johnson & Johnson. Pharmaceutical and cosmetics giant Johnson & Johnson had petitioned the state’s highest court to review the case’s revival after New Jersey’s Appellate Division ruled in August that a lower Superior Court judge had improperly tossed the two cases after determining that plaintiffs’ expert witnesses were not credible.

The Industrial Revolution led to a rapid increase in the use of asbestos that continued until the mid-1970s. Asbestos could be found in just about every product made during the twentieth century and also found its way into homes and other buildings. Unfortunately, asbestos can be very dangerous, leading to the development of mesothelioma and other cancers. Asbestos is a group of minerals that occur naturally as bundles of microscopic fibers. When released into the air, the fibers can be breathed in and remain in the lungs for long periods of time.

Every year, there are approximately 3,000 new mesothelioma cases in the United States of America. If you or someone dear to you was diagnosed with mesothelioma after asbestos exposure, you might have the right to file a claim and recover compensation. However, just because you are entitled to compensation does not mean you are guaranteed to recover the compensation you deserve. Defendants in mesothelioma cases are known to do whatever they can to deny liability and get out of paying out compensation.

Missouri could be the next state to adopt so-called asbestos claims transparency laws that could have a tremendous impact on the legal rights of victims struck by a mesothelioma diagnosis due to a manufacturer’s negligence. While supporters of the bill tout the legislation’s cost savings and ability to preserve asbestos bankruptcy trusts for future claims, the reality is that the law would force claimants to disclose sensitive information and make it more difficult to recover much needed compensation.

Occupational asbestos exposure is quite common. Some of the high-risk jobs include construction, firefighting, engineering, sheet metal fabrication, and roofing. After a worker develops mesothelioma or another asbestos-related illness, they may be eligible for workers’ compensation if they suffered asbestos exposure while on the job. However, before selecting workers’ compensation as the compensation option, it is crucial that a mesothelioma patient fully understands all their legal options. There are many other ways of seeking compensation after developing mesothelioma due to occupational asbestos exposure.