Mesothelioma Attorney

What is a Mesothelioma Trust Fund?

March 15, 2025 | Throneberry Law Group

Mesothelioma is a rare but aggressive cancer caused by exposure to asbestos. Its treatment is often extensive and expensive and may leave a patient unable to work. Many mesothelioma patients develop symptoms decades after exposure in the company responsible for the exposure. When one finds out they have mesothelioma, it is natural to feel worried if they are still eligible for compensation to cover their medical bills and other expenses. The good news is that one can still get compensated. This happens through mesothelioma trust funds, established to ensure victims and their families receive financial relief even if the responsible company no longer exists.

How Mesothelioma Trust Funds Work

A mesothelioma trust fund is a bank account containing money set aside by companies that used asbestos but declared bankruptcy due to overwhelming lawsuits. In return for remaining in business, a bankrupt asbestos company was ordered to set aside money to compensate mesothelioma victims. Rather than suing the company, eligible victims can file a claim directly with the trust.

J&J’s $10 Billion Asbestos Talc Settlement Trial Kicks off in Texas

March 10, 2025 | Throneberry Law Group

For several years now, Johnson & Johnson (J&J) has been battling numerous lawsuits from tens of thousands of people who claim its talc-based products, including its well-known baby powder, caused mesothelioma and ovarian cancer due to asbestos contamination. The company has previously attempted to resolve the claims through bankruptcy, which is mainly viewed as a controversial move given that it’s one of the most profitable companies in the world. Two previous bankruptcy filings were thrown out in New Jersey and Philadelphia, but the company remains relentless. This time, it filed a bankruptcy petition in a Texas court, hoping to get the green light for a $10 billion settlement. While the company argues that the settlement plan is the fairest and fastest way to compensate victims, many claimants and government watchdogs disagree. The trial, which began on February 18, 2025, is expected to last two weeks, after which the judge will issue a verdict.

J&J has sold talc-based baby powder for many decades. However, it has faced several lawsuits alleging that its talc-based baby powder was contaminated with asbestos, a known carcinogen. Asbestos exposure is known to cause serious illnesses, including mesothelioma, a rare and aggressive form of cancer with no cure. Despite J&J’s claims that its products were safe, thousands of claimants diagnosed with mesothelioma and ovarian cancer filed lawsuits arguing that scientific studies suggest otherwise on the safety of their products and that J&J failed to warn consumers about the risks of using the products.

To resolve the many lawsuits against it, J&J created a subsidiary, Red River Talc, and transferred all its asbestos liabilities to the unit. Red River then filed for Chapter 11 bankruptcy, pausing all lawsuits against J&J while the court considered the settlement plan. This was also to force claimants into a bankruptcy settlement instead of a jury trial where verdicts could be much higher. When an asbestos company files for bankruptcy, all lawsuits are halted until the bankruptcy court decides. If successful, a company must establish a trust fund through which claimants can seek compensation based on predefined criteria. In return, the company continues its operations.

Judge Throws Out Mesothelioma Verdict Over Expert Witness Misconduct

March 8, 2025 | Throneberry Law Group

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

In a recent court ruling, a Louisiana judge ordered a new trial in a mesothelioma lawsuit against Colgate-Palmolive. This decision came after the witness unexpectedly introduced what the judge termed an entirely improper, unsolicited, new opinion that had not been presented during the trial, influencing the jury’s verdict in favor of the defendant. The attorneys for the victim’s family also argued that the expert witness had sabotaged the case, requesting the company to cover at least $150,000 in costs for the abandoned trial.

The case revolved around V.C., who developed mesothelioma after using Colgate-Palmolive’s Cashmere Bouquet talcum product. Her family sued the company, alleging that the product contained asbestos, which led to her illness. Similar lawsuits have been filed against consumer product manufacturers for failing to warn the public about asbestos contamination in talc-based products. While many of these cases have resulted in significant compensation for victims, in this case, Colgate-Palmolive defended itself by calling Dr. Richard Attanoos, a pathologist from Wales, as an expert witness.

Is Compensation From a Mesothelioma Settlement Taxable?

March 2, 2025 | Throneberry Law Group

Receiving a mesothelioma diagnosis is devastating, and not just because of the medical challenges. It is also because of the financial strain that it can bring. Fortunately, patients diagnosed with mesothelioma are entitled to file a lawsuit against the responsible parties to seek justice and compensation for asbestos exposure. One common question individuals pursuing compensation for mesothelioma ask is whether the settlement amount is subjected to taxation. Let’s explore the tax implications of mesothelioma settlements.

Are Mesothelioma Settlements Taxable?

The question of whether mesothelioma settlements are subject to taxation depends on the kind of damages awarded. However, according to Internal Revenue Service (IRS) rules, they are generally not taxed. This is because compensation for physical injuries or sickness is not taxable under federal law. Therefore, settlements or awards received for a mesothelioma diagnosis typically follow this rule.

Court Awards $8.8 Million to Mesothelioma Victim’s Family in Case Against Bell Helicopter

February 26, 2025 | Throneberry Law Group

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

In a recent court ruling, a jury ordered a helicopter company to pay $8.8 million in damages to the family of B.D. Unfortunately, B.D., a mechanical engineer, passed away from mesothelioma, having been exposed to asbestos primarily through the products he worked with while at Bell Helicopter. In the landmark ruling, the survivors were awarded actual and punitive damages, highlighting how the courts held companies that failed to address the dangers of asbestos exposure accountable.

The case revolved around using asbestos-containing parts, which B.D. was tasked with designing enclosures for heat testing helicopter components. Before his death, B.D. had given testimony during his deposition where he testified that asbestos insulation boards were used for the enclosures., where he was exposed to the deadly asbestos fibers over a long time. Mesothelioma, a rare and aggressive cancer primarily caused by asbestos exposure, often takes decades to manifest after initial contact. B.D.’s family argued that the company’s negligence in addressing the risks of asbestos played a significant role in his illness and death.

Mesothelioma Victim Wins Legal Battle to Return Case to Local Court

February 16, 2025 | Throneberry Law Group

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

Mesothelioma lawsuits often involve complex and contentious legal battles as asbestos companies employ aggressive strategies to avoid liability. One common tactic these companies use is moving cases to federal courts, which are often more favorable to businesses, offering immunity and saving them money. At the same time, mesothelioma victims or their survivors continue to suffer. However, these attempts do not always succeed. In a recent case, R.M., a former shipyard worker, successfully fought to have his mesothelioma lawsuit remanded to a local court after the defendant, Hopeman Brothers, tried to transfer the case to federal court.

R.M.’s illness began from his work at the Key Highway Shipyard between 1973 and 1974. During this time, he was exposed to asbestos dust released from Micarta paneling used in ship construction. According to his lawsuit, Hopeman Brothers’ workers cut, handled, and installed the asbestos-containing panels while working on various vessels, including tankers, passenger ships, and the Coast Guard’s Westwind.

Michael Throneberry to serve as the 2025 President of the Asbestos/Mesothelioma Trial Lawyers Association – Top 10

February 11, 2025 | Throneberry Law Group

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Michael Throneberry to serve as the 2025 President of the Asbestos/Mesothelioma Trial Lawyers Association – Top 10. The Asbestos/Mesothelioma Trial Lawyers Association – Top 10 is a vital, growing group of trial lawyers from across the country who share knowledge, experience, and expertise in handling Asbestos/Mesothelioma cases.

“I am honored, and it is a privilege to serve as the 2025 President of the Asbestos/Mesothelioma Trial Lawyers Association.” Michael Throneberry.

The Asbestos/Mesothelioma Trial Lawyers Association – Top 10 is a Specialty Association of The National Trial Lawyers. This is an invitation-only organizations composed of premier trial lawyers from each state or region who meet stringent qualifications as civil plaintiff trial lawyers. Selection is based on a thorough multi-phase objective and uniformly applied process, including peer nominations combined with third-party research. These distinguished individuals demonstrate superior qualifications of leadership, reputation, influence, stature, and public profile measured by objective and uniformly applied standards in compliance with state bar and model rule.

Florida Jury Awards $8.5 Million in Mesothelioma Wrongful Death Case

February 9, 2025 | Throneberry Law Group

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

In a landmark decision, a Florida Jury awarded over $9 million to the widow of D.B., an employee benefits advisor who was diagnosed and later succumbed to malignant mesothelioma. While D.B. never actually worked directly with asbestos, he alleged exposure through frequent visits to Northrop Grumman Systems Corporation facilities, which were laden with asbestos, played a significant role in his mesothelioma diagnosis. Following his passing, his wife, Rosa Maria, carried forward the wrongful death lawsuit. The jury awarded Rosa Maria $8.5 million in compensatory damages and $519,265 to D.B.’s estate for medical and funeral expenses.

D.B. worked as an employee benefits advisor from 1978 to 1997, a role that took him to various commercial and industrial sites. Among the facilities he frequently visited were Northrop Grumman locations in New York and California. According to his claim, these sites contained asbestos-insulated pipes that released toxic fibers into the air.

Mesothelioma FAQs (Part 2)

January 24, 2025 | Throneberry Law Group

In a previous article titled “Mesothelioma FAQs,” we answered some of the most common questions we received about mesothelioma. In this second part of the series, we continue with more answers to frequently asked questions about this condition to help you better understand and navigate life after a mesothelioma diagnosis.

What Causes Mesothelioma?

Asbestos exposure is the leading cause of mesothelioma. This mineral fiber is known for its heat-resistant properties, which make it desirable in various industries. As such, asbestos became widely used in automobiles, appliances, construction, and the manufacturing industries.

Exploring the Silent Latency Period of Mesothelioma

January 22, 2025 | Throneberry Law Group

The mesothelioma latency period refers to the time between initial exposure to asbestos and a diagnosis. It is primarily a “silent” one because it can take 10-50 years before one is diagnosed with mesothelioma. The latency period can be shorter or longer than the 10-50-year range depending on factors such as one’s gender, age, time of initial exposure to asbestos, and individual health conditions.

The Silent Latency Period of Mesothelioma

As earlier mentioned, it can take 10-50 years between the initial asbestos exposure and a mesothelioma diagnosis. Once you inhale asbestos fibers, the body cannot eliminate them. These fibers can remain in the lungs or other tissues, causing irritation for decades before symptoms of mesothelioma finally appear. This long latency period is why most individuals diagnosed with mesothelioma are over 65 years, when the mesothelioma is very aggressive, resulting in a poorer prognosis. So, why does mesothelioma take such a long time to be diagnosed? There are several reasons why this is the case, as highlighted below: