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Longtime Johnson & Johnson Talc Supplier Shops Sale of U.S. Operations

February 2, 2020 | Throneberry Law Group

Johnson & Johnson’s long time talc supplier is reportedly shopping the sale of its North American talc operations after filing for bankruptcy under the weight of thousands of asbestos cancer lawsuits in which the company was enjoined with the pharmaceutical and cosmetics giant. Those lawsuits, which thus far have produced billions in plaintiffs verdicts, claim that Johnson & Johnson and Imerys produced and marketed talc-based products like Baby Powder and Shower to Shower which contained deadly asbestos fibers and caused the victims’ debilitating and often fatal health conditions.

Among the assets up for supposed sale, Imerys is reported to consider selling strategic alternatives that could include the sale of business in North America as a whole. In February 2019, Imerys filed for Chapter 11 bankruptcy protection, citing that the company was facing more than 14,000 lawsuits in the United States at the time. Reports stress that deliberations are still at an early stage and that no final decisions have been reached as of yet.

The reports are significant in that the proceeds from the sale of Imerys’ North American talc operations could be used to fund settlements of talcum powder cancer lawsuits, through some form of a trust. To do so, Imerys would ultimately need to negotiate with creditors, which would include insurers and those parties involved in asbestos cancer lawsuits.

New Jersey Jury Hands Down $37.3 Million Verdict in Talcum Powder Mesothelioma Lawsuit

October 27, 2019 | Throneberry Law Group

A New Jersey state jury recently handed down a substantial $37.3 million verdict to a group of plaintiffs who claim they developed mesothelioma cancer from years of using talcum powder products that the defendants allegedly knew contained asbestos fibers. The jury handed down the asbestos cancer verdict after two months of testimony, deciding that pharmaceutical and cosmetics giant Johnson & Johnson knowingly developed and marketed a dangerous product to consumers but provided no warning labels to consumers about the risks.

According to the talcum powder cancer lawsuit, filed in a Middlesex, New Jersey Superior Court, the four plaintiffs all developed serious forms of cancer as a result of their parents using talc-based products, such as Baby Powder and Shower to Shower, on them as children. The trial took place in Brunswick, New Jersey, the headquarters for Johnson & Johnson, which currently faces thousands of similar trials in state and federal courts across the country.

Attorneys for the plaintiff presented evidence to the jury appearing to show that executives at Johnson & Johnson knew for decades about the presence of asbestos fibers in the talc used to create its iconic Baby Powder and Shower to Shower. The plaintiffs highlighted internal company tests, which showed the presence of asbestos in the talc, discussed in the memos as proof the company knowingly sold a dangerous product without warning innocent victims.

New York City Judge Denies Boiler Manufacturer’s Motion to Dismiss Mesothelioma Lawsuit

September 28, 2019 | Throneberry Law Group

A New York City judge recently handed down an important ruling in a mesothelioma cancer lawsuit brought by a former electrician who claims the defendant, a boiler manufacturer, caused his mesothelioma by exposing him to deadly asbestos fibers. The lawsuit names Lancaster, Pennsylvania-based Burnham LLC as the defendant, alleging the company knowingly produced and shipped products that required after-market parts made with asbestos, specifically asbestos-cement used as an insulation for the equipment.

The plaintiff, now unfortunately deceased, claimed in his lawsuit that during his time as an electrician with his employer, Vanderlin Electrical Contractors, he frequently worked with boilers manufactured by Burnham LLC. The victim claimed that the units delivered by the defendant to his job site at Wesleyan College without the required insulation “jacket” and that insulation workers also on site had to mix asbestos cement to create the insulation needed to complete installation.

Furthermore, the plaintiff, in his sworn deposition testimony before his passing, recalled he was required to remove the very same asbestos insulation on the boilers in order to access valves on the boilers, and would breathe in the dust created during both the application and removal of the insulation. As a result of years of exposure to asbestos fibers in the course of working on boilers produced by Burnham LLC, the plaintiff claimed he developed mesothelioma cancer, a rare and deadly form of cancer directly linked to asbestos exposure.

Johnson & Johnson Talc Supplier Files Bankruptcy Under Weight of Asbestos Cancer Lawsuits

March 15, 2019 | Throneberry Law Group

Pharmaceutical and cosmetics giant Johnson & Johnson may be the sole defendant in an estimated 12,700 talcum powder asbestos cancer lawsuits after its main talc supplier recently filed for bankruptcy under the weight of thousands of such cases across the country. Imerys Talc USA, which had supplied Johnson & Johnson with talc sourced from overseas mines, filed for Chapter 11 bankruptcy in a Delaware federal court and was subsequently released as a defendant from a nearly two-month trial in California state court.

“After carefully evaluating all possible options, we determined pursuing Chapter 11 protection is the best course of action to address our historic talc-related liabilities and position the companies for continued growth,” Imerys Talc America President Giorgio La Motta said in a statement. Under the law, companies who file for Chapter 11 bankruptcy are protected from litigation, a move that allows the insolvent company to reorganize and determine the best way to settle claims with creditors.

Legal experts have speculated that after juries handed down multi-billion dollar verdicts in 2018, Imerys Talc USA essentially saw the writing on the wall and chose to insulate itself from potentially billions more in verdicts. In just a handful of trials last year, juries handed down a combined excess of $5 billion in plaintiffs verdicts, including a $4.7 billion award from a Missouri state court to 22 plaintiffs or their estates who claimed to have suffered serious health complications as a result of asbestos in Johnson & Johnson talcum powder products.

New Hampshire State Senate Considers Bill to Restrict Legal Rights of Asbestos Cancer Victims

June 16, 2018 | Throneberry Law Group

Despite state courts not having to deal with asbestos cancer lawsuits for quite some time, the New Hampshire state senate is poised to introduced proposed legislation that could seriously limit the legal rights of mesothelioma cancer victims. If passed, the proposed law would put New Hampshire in a group of over one dozen states that have passed so-called transparency acts aimed at slowing the pace of litigation and forcing plaintiffs to take legal steps they otherwise would not be obliged to.

In studying the issue, the New Hampshire state senate has created a study committee to “review the current compensation system specific to asbestos litigation and study ways to promote transparency, fairness, and timeliness of payment in the asbestos litigation system in New Hampshire.” Specifically, the study committee will look into whether or not mesothelioma cancer victims should be required to explore alternative avenues for compensation for their injuries.

Additionally, many of the asbestos tort reform bills being circulated around states legislatures require plaintiffs to disclose to courts whether or not they have filed claims for compensation from any asbestos administrative trusts in addition to filing a formal lawsuit. Many of the largest asbestos companies were required to create trusts for asbestos cancer victims to file claims as part of the business’ release of liability to file for federal bankruptcy protections.

Asbestos and its effect on pregnant women

June 11, 2018 | Throneberry Law Group

We know the harmful effects that asbestos can have on people who have been exposed to it, breathing in the airborne fibers, and developing serious and likely fatal health ailments decades down the road.

Construction workers, machinists, firefighters, auto mechanics and power plant workers who often work with asbestos-related products may be more susceptible to asbestos-related illnesses. So can the typical family who may live in a house built before the 1980s as many such structures were made with asbestos-containing materials.

Infants: ‘Not likely to be exposed’

Michigan Woman Files Asbestos Cancer Lawsuit After Losing Husband to Lung Cancer

September 22, 2017 | Throneberry Law Group

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A Michigan woman recently filed an asbestos cancer lawsuit against a slew of defendants claiming the companies are responsible for her husband’s lung cancer diagnosis, which she claims is a direct result of coming in contact with asbestos-contaminated products produced by the defendants. The plaintiff’s lawsuit states that she became widowed in October of 2016 after her husband lost his battle with the deadly asbestos-related lung cancer he developed while working with the defendant’s defective products from the 1960’s to early 2010’s.

The asbestos cancer lawsuit, filed in St. Clair County Circuit Court in Illinois, claims that defendants like Arvinmeritor Inc., A.W. Chesterton Co., CBS Corp., Certain-Teed Corp., and Colfax Corp. continued to produce asbestos laden products despite safer alternatives being available. Furthermore, the claim charges that the defendants knew for decades about the health risks their products posed but chose not to alter their designs or inform users about the dangers.

For decades, companies like the defendants named in the asbestos cancer lawsuit developed their asbestos products knowing full well that the small fibers could result in serious, if not deadly, medical condition. However, despite the insider knowledge, many unscrupulous companies continued to use asbestos in their commercial and industrial applications due to its cheap cost and heat resistant properties. It was not until the mid-1970’s the federal government stepped in and formally regulated the sale and manufacture of the product.

Zimbabwe Poised to Resume Asbestos Production at Two Mines

September 20, 2017 | Throneberry Law Group

A recent report in the African Independent indicates Zimbabwe is poised to reopen two asbestos mines shuttered almost a decade ago, citing growing domestic and international demand for the chrysotile asbestos, a type of white asbestos popular in many industrial applications. Government officials hope the reopening of sites at Shabanie and Mashava in southern Zimbabwe could bring the African nation back to the top of worldwide asbestos production where it once ranked sixth behind nations like Russia, India, and Kazakhstan.

At their peak, the two mines produced an estimated 140,000 tons annually and about 300,000 jobs for the nation, resulting in a $40 million influx of foreign currency. Officials expect the reopened mines to create 100,000 jobs in the asbestos industry as part of hundreds of millions of foreign investment for infrastructure and industry projects. However, the economic benefits could come with a huge human cost to mine the cancer causing mineral and spur economic growth in the troubled nation.

Every year in the U.S., thousands of people receive a mesothelioma cancer diagnosis from their doctor, an otherwise rare disease commonly associate with asbestos exposure. For many decades, domestic companies utilized asbestos in a variety of applications due to its heat resistant properties. Some industries associated with asbestos laden products include welding and pipe fitting in nuclear reactors and Navy vessels, auto parts manufacturing, and construction.

Asbestos Cancer Victim’s Case Against Talc Maker Heads to Trial in Philadelphia

September 5, 2017 | Throneberry Law Group

After numerous legal objections and obstruction by defense attorneys, an asbestos cancer victim’s trial against a talc-based product manufacturer appears poised to finally see a courtroom to determine what, if any, damages the plaintiff should receive as compensation for the defendant’s negligence. The high-profile case claims Johnson & Johnson’s Cashmere Bouquet talcum powder caused the plaintiff’s mesothelioma cancer because the product contained asbestos, a flaky white mineral once widely used in many industrial applications.

The asbestos cancer lawsuit, filed in the Philadelphia Court of Common Pleas, alleges that the plaintiff used the defendant’s talc-based products daily from 1954 to 1970 and developed the deadly lung cancer as a direct result. According to reports, the case will be the first time a Pennsylvania court takes up hard scientific issues over causation between using cosmetic talc-products and developing mesothelioma from talcum powder use.

However, this is not the first talcum powder-asbestos cancer case to go all the way to trial, with juries in New Jersey, California, and New York awarding plaintiffs multi-million dollar verdicts to compensate them for the negligence of talcum powder suppliers and cosmetics companies. Other juries have hit Johnson & Johnson with massive plaintiffs verdicts finding the pharmaceutical and cosmetic company liable for victims’ ovarian cancer caused by the talcum powder itself.

Former Tennessee State Senator Passes Away From Mesothelioma

August 31, 2017 | Throneberry Law Group

Sen. Ray Albright, a 26-year veteran in the Tennessee state legislature, recently passed away at the age of 83 after a battle with mesothelioma, a rare and aggressive form of cancer that typically affects the thin lining of tissue surrounding the lungs and abdomen. Sen. Albright first won election to the Tennessee House of Representatives in 1968, running on a strong environmental platform dedicated to cleaning up air pollution in Chattanooga, known at the time as having the worst air pollution in the state.

Sen. Albright won election to the state Senate in 1970 and became well known for co-sponsoring a bill to put a community college in Chattanooga. Albright grew up in a modest household and valued education as a means for people to advance their careers and improve their lives. Colleagues remembered him as an effective legislator who was well liked. After leaving politics in 1994, Sen. Albright went to work for health care provider Blue Cross in its relations department.

Sen. Albright announced his mesothelioma cancer diagnosis in November of 2016. He disclosed that he likely contracted the disease sometime in the 1950s or 1960s after being exposed to asbestos while working at an engineering plant for Combustion Engineering. The engineering firm owned and operated a boiler manufacturer in Chattanooga as well as many other facilities engaged in many activities associated with asbestos exposure.