Mesothelioma Legal Blog

The potential awards or settlements in asbestos-related injury claims can be substantial. But what happens if the defendant has filed for bankruptcy? Does that mean recovery is impossible? Fortunately, the answer is no, there is still a way for people hurt by exposure to asbestos to receive compensation from liable companies that have since gone into bankruptcy. Meosthelioma Compensation – Bankruptcy Trust Funds Many victims of mesothelioma developed the disease as a result of exposure to asbestos, often in relation to employment. Companies that used asbestos can be held liable through lawsuits.

A New York court recently denied a bid by a defendant in an asbestos cancer lawsuit to have the case thrown out and instead sided with the plaintiff, ruling that the issue of credibility to the plaintiff’s testimony is a question that should be left to a jury. In denying defendant Baltimore Aircoil Company Inc.’s motion for summary judgement, the court ruled that the company had not met the legal standards to show that its products could not have caused the plaintiff’s injury.

A U.S. District Court judge recently sentenced a Rochester, New York property developer to probation, community service, and a fine for violations of the federal Clean Air Act. Additionally, the defendant was ordered to pay restitution to the victims harmed by his reckless disregard for public safety by exposing employees to asbestos. The industrial property where the asbestos exposure took place was adjacent to a residential neighborhood with a school bus stop. The defendant was sentenced to two-year probation, 150-hours of community service, and a $15,000 fine.

Juries continue to rule against Johnson and Johnson, a major producer of talcum powder, in lawsuits brought by women with cancer who contend that the talc asbestos in the powder has caused it. J&J claims that its famous baby powder has never contained asbestos. However, juries have found the talcum powder industry’s defense less compelling than the plaintiffs’. A Missouri court has ordered J&J to compensate more than twenty women who contracted ovarian cancer after using talcum powder, for a total of over $4.6 billion in damages.

More than five years after filing an asbestos cancer lawsuit on behalf of her deceased husband, a New York woman has finally received justice on his behalf after the defendants in the case agreed to settle the matter. The resolution to the mesothelioma cancer lawsuit came after three days of jury selection in a St. Lawrence County Court. Opening arguments were slated to begin the day of the settlement. According to the mesothelioma lawsuit, the victim worked at Jones & Laughlin Steel Co.

In a recent settlement agreement, Johnson & Johnson (J&J) reached a significant milestone in its ongoing legal battles by agreeing to a $700 million settlement agreement with a coalition of attorneys general representing 43 U.S. states. The attorneys general had accused the pharmaceutical giant of deceptively marketing its talc-based baby powder, which has been linked to mesothelioma and ovarian cancer. This particular lawsuit was filed on behalf of consumers who were misled by J&J’s advertising of its talcum powder products.