Articles Posted in Mesothelioma Court Rulings & Legislation

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

In a recent court decision, a New York jury awarded a record-breaking verdict to a former World Trade Center (WTC) worker, Mr. W.D., and his wife, following a devastating malignant mesothelioma diagnosis. The two have been seeking compensation for the last three years, and in May, they finally emerged victorious. This case is a significant example of how mesothelioma victims can spend many years fighting for the justice and compensation they deserve. It is an example of how victims and their families can still triumph despite going up against powerful companies.

Mr. W.D., a former metal worker involved in the construction of the World Trade Center in the 1970s, was diagnosed with malignant mesothelioma three years ago. Mesothelioma is a rare but aggressive type of cancer that is caused by asbestos exposure. Often, mesothelioma develops decades after initial asbestos exposure. In W.D.’s case, it took nearly 50 years for symptoms of the disease to emerge after his work on the WTC site. During that time, W.D. was unaware that his routine tasks, such as scraping off fireproofing in the building while installing ducts, had exposed him to the dangerous substance.

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

In a recent court case, a Louisiana man, D.C. Sr., who was diagnosed with mesothelioma, a rare but aggressive type of cancer that is caused by asbestos exposure, in mid-2024, was allowed to proceed with his case against his previous employer in state court, despite efforts to remove the case to federal court. After D.C. Sr. was diagnosed with mesothelioma, he filed a lawsuit in Louisiana state court seeking compensation for his damages from multiple companies. Among the companies he named in his lawsuit was Avondale Shipyards, where he worked for almost two decades, in the 60s and 70s. The defendant tried to remove the case from state to federal court using the “government contractor immunity” defense, but this defense failed, resulting in the case being returned to the Louisiana state court.

Avondale Shipyards argued that its construction of vessels for the U.S. Navy during the time of D.C. Sr. granted it immunity from liability. The defendant said that it was following military orders, which it argued limited its ability to warn workers about asbestos exposure. However, D.C. Sr. and his legal team challenged Avondale’s argument. Mr. C filed a motion for summary judgment in federal court, asking the court to stop the company from using this defense, noting the numerous times the company had unsuccessfully tried to use the defense.

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

In a significant ruling from Boston, a jury in Massachusetts awarded $8 million in compensation to an 84-year-old woman who developed pleural mesothelioma after years of using Johnson & Johnson’s talcum baby powder. The jury determined that the company’s famous baby powder contained asbestos, a dangerous substance that causes mesothelioma and several other illnesses, that J&J was aware of the dangers its product posed, and that the asbestos exposure ultimately led to J.P.’s mesothelioma diagnosis.

J.P. received her mesothelioma diagnosis in 2021, one year after the giant pharmaceutical company stopped selling its talc-based baby powder in North America and a year before it terminated global sales. The plaintiff’s legal representatives argued that she had used the product throughout her life, not only on herself, but also on her children while caring for them. They argued that this constant use of the powder led to her repeatedly inhaling asbestos fibers, and ultimately, developing pleural mesothelioma.

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

In a recent case, a Louisiana jury awarded more than $3 million to a woman who developed mesothelioma, a rare and aggressive cancer primarily caused by asbestos exposure, after years of using talcum powder products. This case is part of a growing number of cases filed by people who have never worked with asbestos but trace their mesothelioma diagnosis to a product that has long been thought to be safe: talc. Millions of dollars have been awarded to people who have developed mesothelioma and other asbestos-related illnesses after using asbestos-contaminated talc for years.

Talc is a naturally occurring mineral commonly used in baby powders and some cosmetic products. In its purest form, talc is generally not harmless, especially in such products. However, asbestos-contaminated talc is hazardous. Asbestos and talc can occur so closely together that talc can become contaminated with asbestos during mining. When talc is contaminated with asbestos, it can cause mesothelioma and other asbestos-related illnesses. When a person inhales asbestos fibers through repeated use of contaminated talc products, these fibers can lodge in the body’s tissues. Over time, inflammation may be triggered, and illnesses like mesothelioma may develop. Unfortunately, mesothelioma has a long latency period, meaning that many people only find out they are sick when the disease has progressed to later stages.

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

In a recent case, a Florida jury awarded $18 million in damages to a 64-year-old woman, D.G.C., who was diagnosed with peritoneal mesothelioma. According to the jury, the victim’s illness was caused by secondary asbestos exposure from brake dust, specifically from a brake-grinding machine that her father and brothers used in their auto repair shop.

Mesothelioma is a rare and aggressive cancer that is caused by asbestos exposure. When a person inhales airborne asbestos fibers, these tiny fibers can lodge in the lining of the lungs, abdomen, or heart, resulting in inflammation, scarring, and possibly tumor development. Peritoneal mesothelioma is the second most common type of this cancer, accounting for 10% to 20% of all mesothelioma diagnoses. This form of cancer affects the peritoneum, the membrane lining the abdomen and abdominal organs. Symptoms of peritoneal mesothelioma often take a long time to appear, making diagnosis challenging and the prognosis poor.

For purposes of this article, the workers in this case will be referred to as T.C. and T.S.

In a recent troubling California case, two heavy equipment operators filed a lawsuit against their former employer, Reyes Construction, after claiming they were fired for sounding the alarm about improper asbestos handling. The two, T.C. and T.S., who were working on a public restoration project in Long Beach, California, said they discovered asbestos-containing debris at the site. They alerted their supervisor, who ignored them at first, but they were later instructed to hide and bury it. However, the two workers refused to hide the toxic material, as they believed doing so would not only endanger them and other workers, but the general public as well.

T.C. and T.S. were assigned to excavation duties as part of a larger initiative to connect the Colorado Lagoon with Alamitos Bay, a project aimed at environmental restoration. However, the two dug up asbestos-contaminated transite pipes during their work. Unlike long ago, when workers did not know about the dangers of asbestos, today workers are well informed about the risks of asbestos exposure. Most, if not all, workers know that inhaling asbestos fibers can lead to mesothelioma and other serious illnesses. That is why T.C. and T.S. reported their findings to their bosses after discovering the toxic material. Their supervisor initially told them to ignore the hazardous material, and then later told them to hide and bury the pipes without informing local officials or experts.

For purposes of this article, the mesothelioma victim in this case will be referred to as N.L., Jr.

In a recent court decision, a Louisiana court sided with a mesothelioma victim in a legal battle against Huntington Ingalls Incorporated, the owner of Avondale shipyards. Mr. N.L., Jr. filed a personal injury lawsuit after being diagnosed with malignant mesothelioma, a rare but aggressive type of cancer caused by asbestos exposure. The plaintiff claimed that the shipyard failed to warn him about the dangers of the material when he worked there in the 1970s and 1980s. This omission, he says, left him at risk of suffering asbestos exposure and developing serious illnesses. When a person inhales asbestos fibers, these fibers can become lodged in the body. Over time, the fibers may cause inflammation, scarring, and genetic damage to the cells lining the lungs, abdomen, or heart. Eventually, this cellular damage can lead to the formation of malignant tumors like mesothelioma. On top of suffering asbestos exposure at the shipyard, Mr. N.L. Jr claimed he was exposed to this dangerous material when visiting his coworkers, who were also exposed.

After N.L., Jr. filed his lawsuit, Avondale tried to argue that it was entitled to the government contractor immunity defense. The company also tried to remove the case from state to federal court. Avondale argued that since it had been acting under the direction of a federal officer at the time of N.L., Jr.’s employment, it should be entitled to federal contractor immunity. The federal contractor immunity is a defense that contractors sometimes use to protect themselves from liability when performing work for the federal government. This defense protects contractors from lawsuits when their actions or omissions were mandated by the government. Large companies often use this legal defense in asbestos-related cases to try to avoid trial in state courts. The court rejected the defendant’s argument. N.L. Jr filed a motion for summary judgment to block the company from removing the case to federal court, and the U.S. District Court of the Eastern District of Louisiana agreed with him.

Mesothelioma is a rare but aggressive cancer primarily caused by asbestos exposure. When someone passes away from mesothelioma due to negligent asbestos exposure, surviving family members can file a wrongful death claim and seek compensation. While a wrongful death claim cannot undo what has already happened, it can provide financial relief and a sense of justice to the grieving family. 

If a loved one recently died from mesothelioma due to negligent asbestos exposure, one of the questions you may have is, “What is the average wrongful death settlement for mesothelioma?” So, what is the average wrongful death settlement for mesothelioma in 2025? Unfortunately, there is no straightforward answer to this question. The answer depends on several unique factors specific to each case. However, many mesothelioma wrongful death settlements in 2025 continue to reach into the millions, reflecting how serious this disease is and how much suffering it causes. 

Mesothelioma Wrongful Death Claims 

For quite some time now, victims of mesothelioma and ovarian cancer and their families have been closely monitoring Johnson & Johnson’s (J&J) repeated legal attempts to escape asbestos liability. Specifically, the giant pharmaceutical company has repeatedly tried to use a controversial bankruptcy strategy. In a significant recent development, a federal bankruptcy judge in Houston, Texas, denied the company’s third attempt to use the bankruptcy strategy as a shield against the tens of thousands of lawsuits it is facing. This decision marked a critical moment in the victims’ quest for justice.

Over 90,000 lawsuits have been filed against J&J, alleging that the giant pharmaceutical company’s baby powder, which was a staple for years, contained asbestos. Asbestos is a naturally occurring mineral that, when inhaled or ingested, can lead to the development of mesothelioma and other severe health issues. Over the years, J&J has maintained that it is innocent and argued that its talcum powder was not asbestos-contaminated. Despite this, numerous jury verdicts have gone against the company, and personal injury as well as wrongful death claims have continued to rise.

To combat these lawsuits, Johnson & Johnson employed a controversial legal strategy called the “Texas Two-Step.” This strategy involves forming a new corporate entity, transferring all liabilities to it, and then having that entity declare bankruptcy. Johnson & Johnson aimed to limit its financial exposure while trying to resolve claims in bankruptcy court instead of through the traditional legal process, which can be quite unpredictable.

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

In a recent court decision, the California Court of Appeals ruled in favor of the family of a mesothelioma victim in a lawsuit against two foreign car parts manufacturers. The ruling reversed an earlier trial court decision that had dismissed the companies from the case because of jurisdictional arguments. This decision allows the family to proceed with their legal claims against the two companies.

R.H. spent more than four decades working as an automobile mechanic. According to the lawsuit, which was filed by R.H.’s widow and adult children, during this time, R.H. was routinely exposed to asbestos-contaminated parts, particularly from Volkswagen and Toyota vehicles, which ultimately led to him developing malignant mesothelioma, a rare and aggressive form of cancer that can take decades to develop after initial asbestos exposure. According to the lawsuit, R.H. worked on Volkswagen cars at California dealerships from 1969 to 1976 and on Toyota vehicles between 1977 and 2009, which allegedly included Akebono Brake Co., Ltd., asbestos-contaminated components. The family accused the companies and others of strict product liability, negligence, and fraud.

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