Articles Posted in Mesothelioma Attorney

The outcome of one of the nation’s first talcum powder/mesothelioma trials could determine if Johnson & Johnson agrees to another massive settlement.

The trial, taking place amidst J&J’s ongoing efforts to settle thousands of talc-related ovarian cancer lawsuits, involves a male plaintiff who alleges he developed mesothelioma due to inhaling asbestos allegedly present in Johnson’s Baby Powder.

Evan Plotkin argues he developed mesothelioma in 2021 at the age of 64 after years of using talc-based cosmetic products, however J&J, which denies its talc products ever contained asbestos, maintains his mesothelioma likely did not develop from asbestos exposure but rather from a family medical history that supposedly made him more likely to get cancer.

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

In a recent court decision, a Chicago appeals court upheld a jury’s verdict against Johnson & Johnson (J&J), providing the deceased mesothelioma victim’s family with the deserved justice. Earlier this year, a Cook County court in Illinois ordered the giant pharmaceutical company to pay T.G.’s family $45 million in damages after T.G. died of malignant mesothelioma. J&J tried to secure a retrial, but the court of appeals stood firm and ensured the jury’s decision in favor of the late T.G.’s family remained intact.

T.G., who had six children, was diagnosed with malignant mesothelioma, a rare and aggressive form of cancer that occurs due to asbestos exposure. This illness most commonly affects the lining of the lungs. After T.G.’s death, her family filed a wrongful death lawsuit against J&J. According to the lawsuit, the source of the asbestos exposure that resulted in the death of T.G. was J&J’s talc-based product, which she used throughout her life. T.G. also used the product on her children. During the trial, the family’s legal representative presented evidence revealing that J&J’s talc-based product contained asbestos and the company knew about the dangers of this for years but failed to inform or warn the public, thus endangering the lives of millions of consumers, including T.G. and her children.

For purposes of this article, the mesothelioma victim in this article will be referred to as A.M.B. and her ex-husband, Mr. A.B.

In a recent court decision, a judge denied an asbestos company’s motion to dismiss the mesothelioma lawsuit and allowed the case to proceed. The tragic death of the mesothelioma victim, A.M.B., that occurred due to second-hand asbestos exposure draws attention to the dangers of this type of exposure. Second-hand asbestos exposure occurs when someone brings asbestos fibers home on clothing or other personal items, putting their family at risk. This indirect exposure can be just as dangerous as direct exposure.

After years of unknowingly inhaling asbestos fibers when washing her ex-husband’s clothing, A.M.B. developed malignant mesothelioma. Mr. A.B. had used DAP Inc.’s products in his home and hardware business. A.M.B.’s family filed a lawsuit against the company, alleging that their products were responsible for her illness. The company tried to dismiss the case by arguing that the plaintiffs had not established a link between A.M.B.’s illness and their products. The court denied the defendant’s motion.

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

In a recent court case, a New York County Supreme Court judge denied Burnham LLC’s request to dismiss a punitive damages claim in a mesothelioma lawsuit. A.F., a former worker, was exposed to asbestos through Burnham boilers and other asbestos-contaminated equipment. A.F. and his wife filed a lawsuit seeking compensation for compensatory and punitive damages from Burnham LLC. The defendants filed a motion to dismiss the claim for punitive damages, but that motion was denied.

After suffering mesothelioma, a victim can file a personal injury lawsuit and seek compensatory damages, which aim to make up for direct losses. Compensatory damages include medical expenses, lost wages, and pain and suffering. Mesothelioma victims’ spouses can also seek compensation for loss of companionship and support. In a mesothelioma claim, victims and their families can also seek punitive damages. Unlike compensatory damages, punitive damages are meant to punish the defendant for particularly reckless or harmful behavior. These damages are intended to send a message to others and warn them against acting in the same manner as the defendant.

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

In a recent court case, a Virginia jury awarded $3.45 million to the family of a deceased mesothelioma victim in a case against John Crane, Inc., a company known for manufacturing asbestos-contaminated products. The victim in this case, who will be referred to as J.K., died of malignant mesothelioma, a rare and aggressive form of cancer that is primarily caused by asbestos exposure in 2022. After his death, J.K.’s family filed a lawsuit against John Crane, Inc., alleging that J.K.’s occupational asbestos exposure occurred while he was working with asbestos-containing products made by the company. Recently, a jury hearing the case ruled in favor of J.K.’s family and held John Crane, Inc. responsible for its failure to adequately warn about the dangers of its products.

During the trial, jury members listened to details about J.K.’s career as a millwright. For around 18 years (between 1961 and 1979), J.K. was a millwright at a plant in Chesterfield County. While there, his responsibilities included repairing and maintaining equipment such as valves and pumps. Unfortunately, when carrying out his tasks, he unknowingly inhaled microscopic asbestos fibers, putting himself at risk of developing mesothelioma. The jury heard evidence that over time, the wear and tear of the parts that J.K. repaired and maintained caused asbestos fibers to break free, contaminating the air in the workplace.

Mesothelioma is a rare but aggressive form of cancer primarily caused by asbestos exposure. The prognosis of this illness is often poor. Many times, mesothelioma symptoms appear years after initial exposure. Because of this, mesothelioma is often diagnosed when it has advanced to later stages. Sadly, this means that many people die due to mesothelioma every year, leaving families devastated and facing significant financial burdens. However, for some families, it may be possible to file a wrongful death claim and seek compensation. A common question that families ask is, “What is the average wrongful death settlement for mesothelioma?”

What is Wrongful Death?

Not all families who lose their loved one due to mesothelioma can file a wrongful death claim and seek compensation. Only those whose loved one’s death was caused by another party’s negligence or misconduct are eligible to file a wrongful death claim. Often, wrongful death claims arise because companies failed to warn workers or consumers about the dangers of asbestos exposure. Manufacturers and contractors who fail to warn or protect people from the risks of asbestos exposure can also be held liable in wrongful death claims. Spouses, children, parents, other dependents, or the representative of a mesothelioma victim’s estate can file a wrongful death claim and seek various types of damages.

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.

For purposes of this article, the mesothelioma victim in this case will be referred to as Mrs. I.L.L, and her husband will be referred to as Mr. A.C.L.

In this case, I.L.L. was diagnosed with malignant mesothelioma and died of the asbestos-related illness in 2023 at the age of 91. Mesothelioma is a rare and aggressive form of cancer that can develop decades after asbestos exposure. Mesothelioma involves tumors growing in the mesothelium (the tissue covering most internal organs). There are different types of mesothelioma: pleural mesothelioma (most common), peritoneal mesothelioma, pericardial mesothelioma, and testicular mesothelioma (least common). After I.L.L.’s diagnosis, she and her family filed a lawsuit against several asbestos companies.

According to Mrs. L’s lawsuit, she developed mesothelioma after suffering secondary asbestos exposure. Mrs. L’s illness came from laundering her husband’s work clothes. Mr. A.C.L., who worked at Avondale Shipyard, Louisiana, was a laborer, pipefitter, and welder whose work resulted in his clothes being covered in asbestos fibers. Mr. A.C.L. brought home asbestos fibers on his work clothes. Unfortunately, every night, Mrs. I.L.L. laundered the asbestos-contaminated work clothes. This meant that she was repeatedly exposed to asbestos fibers.

For purposes of this article, the mesothelioma victim in this case will be referred to as Mr. B.Z.

In this case, a Utah resident, Mr. B.Z. Claims that his mesothelioma was caused by talc pleurodesis, a procedure that was meant to help him. Talc pleurodesis is a medical procedure that helps prevent fluid or air from accumulating in the pleural cavity. This medical procedure is for patients with respiratory issues such as malignant pleural mesothelioma. Many people have and continue to benefit from talc pleurodesis. Unfortunately, for B.Z., a procedure that was supposed to help him ended up causing him harm. According to Mr. B.Z., the talc used during his treatments in 2014 and 2020 resulted in him developing mesothelioma.

Over the years, many ovarian cancer and malignant mesothelioma patients have filed lawsuits against manufacturers and suppliers of cosmetic and industrial talc. These individuals have blamed these companies for acting negligently by failing to warn people about the presence of asbestos in their products and for distributing unsafe goods that can cause several health issues.

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

In a recent Supreme Court decision, Justice Corcoran rejected a motion for summary judgment filed by a defendant accused of causing a deceased individual’s mesothelioma. In this case, the late W.S., who worked in the food industry, blamed his mesothelioma on the safety gloves he used at work. Mr. W.S. died in 2021, but before his death, he filed a lawsuit against the manufacturer of the gloves, Magid Glove and Safety Manufacturer. The defendant filed a motion seeking to have Mr. W.S.’s case dismissed, but the court denied their request.

Mr. W.S.’s case is not unique, as most people diagnosed with malignant mesothelioma blame their illness on years of being exposed to asbestos while at work. This is called occupational asbestos exposure. However, many other people develop mesothelioma after suffering secondary and environmental asbestos exposure. After years of working in the food industry and using safety gloves manufactured by Magid Glove and Safety Manufacturer, Mr. W.S. was diagnosed with mesothelioma, a rare and aggressive form of cancer that affects the mesothelium (the tissue lining most internal organs). His trial was scheduled to be held in March 2021 but was postponed due to the COVID-19 pandemic. Unfortunately, Mr. W.S. passed away in July 2021 before the resolution of his case. However, his case continued after his death, with his estate representative taking over.

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