Mesothelioma Attorney

New York State Appeals Court Rules Settlement Release Does Not Bar Plaintiff From Recovery in Mesothelioma Cancer Lawsuit

March 10, 2019 | Throneberry Law Group

A State of New York Appeals Court recently handed down an important ruling in an asbestos cancer lawsuit that will allow the injured plaintiff to proceed with his claim and possibly recover compensation for the injuries he suffered as a result of the defendant’s negligence. In its split decision, the appeals court allowed a lawsuit by a former merchant marine can not be thrown out based on a settlement he agreed to in the 1990s that was intended to exempt the employer from all future claims from the employee.

The lawsuit was originally brought against Chevron in in 2014 by a former employee after he developed mesothelioma, which the complaint alleged was induced by the victim’s exposure to asbestos while he served as a seaman in the Merchant Marine for nearly four decades. The plaintiff subsequently passed away from complications with the disease in 2015 but the victim’s wife took over as the plaintiff in the case.

Chevron had moved to resolve the case based on a release the victim signed in 1997 when he and approximately 100 other former workers were involved in another lawsuit against Texaco, which later merged with Chevron. The victim claimed he was exposed to asbestos fibers when he worked aboard Texaco ships during his career with the company and while he had not yet been diagnosed with mesothelioma, the settlement sought to release the company from any future liability.

New York City Expected to Become Hotbed for Talcum Powder Asbestos Cases

February 24, 2019 | Throneberry Law Group

As pharmaceutical and cosmetics giant Johnson & Johnson, Colgate-Palmolive, and their wholesale suppliers face a new slew of trials in 2019, New York City’s specialized asbestos court is expected to become a hotbed of litigation as plaintiffs accuse the company of causing their serious medical conditions to develop. Juries in the New York City Asbestos Litigation (NYCLAL) court handed down two plaintiffs verdicts against Johnson & Johnson in 2018 and the company reportedly settled a third case for $1.5 million.

Despite insisting that a substantial $4.7 billion plaintiffs verdict in an October 2018 in St, Louis was a “one off” case, Johnson & Johnson could be on the hook for millions, if not billions more, in compensation in NYCAL courts alone. The venue is known for plaintiff-friendly judges, juries, and evidentiary rules that produce plaintiffs verdicts and the compensation necessary to help victims and their families live comfortable, dignified lives.

In response to a series of articles about the dangers and liabilities of its talc-based products and upcoming trials concerning them, Johnson & Johnson released a statement saying “The decision to resolve any particular case in no way changes our overall position that our talc is safe, is asbestos free and does not cause cancer. We do not have any organized program to settle Johnson’s Baby Powder cases, nor are we planning a settlement program.”

Arkansas Jury Hands Down $18.5 Million Verdict in Mesothelioma Lawsuit

February 4, 2019 | Throneberry Law Group

An Arkansas federal jury recently handed down a substantial plaintiff’s verdict in an asbestos mesothelioma lawsuit filed by the family of a man who worked at a brake shop in Little Rock during the 1970s. The lawsuit named Honeywell International Inc., which years ago bought Allied Signal, a company that had acquired Bendix, which was one of the principal manufacturers of brake-shoe linings in the country.

According to the lawsuit, filed in U.S. Court for the Eastern District of Arkansas, the plaintiff developed mesothelioma in late 2017 from years of exposure to asbestos while working as an auto mechanic installing brake shoes. Court records show that the plaintiffs claimed the victim worked at Stuart’s Brake Shop in Little Rock and North Little Rock from 1971 until 1983, frequently performing up to one dozen brake jobs a day.

The plaintiff passed away a short time after his mesothelioma diagnosis, and his family has continued with the lawsuit on behalf of his estate along with the help of their mesothelioma lawyers. In ruling on behalf of the plaintiff, the jurors awarded the victim’s estate $216,000 for loss of life, $5 million for his pain and suffering and $341,979 for his medical expenses. The bulk of the recovery came from an additional $1 million the jury awarded to each of the victim’s children and additional $10 million in punitive damages.

New York Appeals Court Hears Arguments in Asbestos Cancer Lawsuit Brought After Settlement Release

January 27, 2019 | Throneberry Law Group

A New York state appeals court recently heard arguments in a case brought by a plaintiff who claims he developed mesothelioma cancer after he signed a settlement release with the company he accused of causing his mesothelioma cancer by exposure to asbestos. The New York Court of Appeals will decide whether part of the Federal Employer’s Liability Act negates a settlement release signed by the plaintiff in the case nearly two-decades ago and allow his claim against his previous employer to move forward.

The plaintiff in the case originally brought his asbestos lawsuit against Texaco in 2014, claiming he developed mesothelioma cancer while he served as a seaman in the Merchant Marine for nearly 40 years. The plaintiff had filed a previous lawsuit against Texaco, along with more than 100 other individuals, in federal court during the 1990s over a pulmonary injury suffered from exposure to asbestos and second-hand smoke on merchant ships.

Texaco and the plaintiff resolved the first claim, with the plaintiff and other co-plaintiffs signing settlement releases which sought to discharge the company from any future liability over the health effects of asbestos exposure. The settlement release read in part the plaintiff “understands that the long term effects of exposure to asbestos … may result in obtaining a new and different diagnosis from the diagnosis as of the date of this release.”

New York Judge Orders Johnson & Johnson to Stand Trial in Asbestos Talcum Powder Lawsuit

December 17, 2018 | Throneberry Law Group

A New York judge recently ordered pharmaceutical and cosmetics giant Johnson & Johnson to stand trial in an asbestos cancer lawsuit brought by a plaintiff who claims he developed an aggressive form of cancer due to carcinogenic materials contained in products manufactured by the defendant. Johnson & Johnson had filed a motion for summary judgement, seeking to have the case thrown out of court and avoid any liability for knowingly manufacturing deadly products without warning consumers about the risks.

According to the asbestos cancer lawsuit, filed in the Supreme Court of New York County, the plaintiff developed pleural mesothelioma at the age of 76 after decades of using Baby Powder and other talc-based products developed and sold by Johnson & Johnson. The plaintiff claims she did not suffer from any industrial asbestos exposure at her work place and that the only possible source for the exposure came from the carcinogenic asbestos in the talcum powders she used.

Although talc, a naturally occurring mineral, does not contain asbestos fibers itself, the two are often found in deposits side by side one another, which can cause a risk of contamination if certain precautions are not taken. Asbestos itself has been heavily regulated since the 1970s when the federal government enacted legislation to protect the public from the known risks of asbestos exposure. However, even before regulators stepped in, many companies were fully aware of the risks their products posed and continued to manufacture dangerously designed and defective materials.

AMERICA’S top 100 HIGH STAKES LITIGATORS®

July 12, 2018 | Throneberry Law Group

Announcing the selection of Michael Throneberry among America’s Top 100 High Stakes Litigators® for 2018. Selection to America’s Top 100 High Stakes Litigators® is by invitation only and is reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters.

To be considered for selection, an attorney must have litigated (for either plaintiff or defendant) a matter (1) with at least $2,000,000 in alleged damages at stake or (2) with the fate of a business worth at least $2,000,000 at stake. These minimum qualifications are required for initial consideration. Thereafter, candidates are carefully screened through comprehensive Qualitative Comparative Analysis based on a broad array of criteria, including the candidate’s professional experience, litigation experience, significant case results, representative high stakes matters, peer reputation, and community impact in order to rank the candidates throughout the state.

Only the top 100 qualifying attorneys in each state will receive this honor and be selected for membership among America’s Top 100 High Stakes Litigators^®. With these extremely high standards for selection to America’s Top 100 High Stakes Litigators®, less than one-half percent (0.5%) of active attorneys in the United States will receive this honor — truly the most exclusive and elite level of attorneys in the community.

Why talk to an attorney after a mesothelioma diagnosis?

May 15, 2018 | Throneberry Law Group

Mesothelioma is a serious disease with far-reaching consequences. Treatments can be expensive and time-intensive.

There are options available to victims of mesothelioma, and your situation could warrant taking legal action.

An experienced mesothelioma attorney can help you throughout the process, including:

How can I help my family member who has mesothelioma?

February 7, 2018 | Throneberry Law Group

Mesothelioma does not affect only the patient: It can have a ripple effect through an entire family. It often falls to family members to care for their loved one who has been diagnosed with the disease. Caring for a family member who has mesothelioma requires immeasurable compassion, strength and patience.

As the relative of someone who has been diagnosed with mesothelioma, you may be feeling overwhelmed. You may be wondering how you can even begin to care for your loved one in their time of need. Fortunately, there are several ways to help care for a family member who has mesothelioma.

1. Offer your support

Some Elderly Patients may Not be Getting the Cancer Treatment They Need

January 31, 2018 | Throneberry Law Group

A recent study by the Winship Cancer Institute at Emory University reveals disparities in the treatment given to elderly lung cancer patients, including those fighting mesothelioma and other deadly cancers. The study shows why it is so important for all mesothelioma patients, regardless of their demographic, to educate themselves and be proactive in their cancer treatment to improve their prognosis and maximize their survival term.

According to the study, which surveyed over 12,000 lung cancer patients at least 80 years old, African American patients were 20% less likely to receive chemotherapy and radiation to treat their condition. Furthermore, the research revealed that patients that lacked a high school education were 15% less likely to receive the same treatment as those with more education.

Another interesting trait uncovered in the study is that men are 40% more likely to receive chemotherapy and radiation treatment than women. The survival benefit associated with combination therapy persisted even after accounting for factors like age, sex, race, income, and individual tumor characteristics.

New Study Shows Improved Life Expectancy of Peritoneal Mesothelioma with Two-Stage Treatment

December 4, 2017 | Throneberry Law Group

A recent study published in the Annals of Surgical Oncology highlighted a promising treatment that could possibly extend the life expectancy for patients suffering from malignant peritoneal mesothelioma. According to the report, a large portion of patients in a studying undergoing two-stage cytoreduction and intraperitoneal chemotherapy regimen had a significantly longer lifespan thanks to the treatment.

The treatment worked by first putting the patient through cytoreductive surgery, a procedure that removes tumors from inside the abdominal wall of mesothelioma patients. After undergoing surgery, doctors treated the patients with intraperitoneal chemotherapy to help kill any mesothelioma tumors possible left over from the surgery.

Doctors then monitored patients with CT scans of the abdomen, chest, and pelvis every six months for signs of tumor growth. Patients with tumors received a second round of cytoreduction and intraperitoneal chemotherapy while those without tumors only received the chemotherapy portion of the treatment.