Articles Posted in Asbestos

A New York court recently denied an attempt by the defendant in a talcum powder mesothelioma cancer lawsuit to have the case dismissed, which paves the way for the plaintiffs to have their day in court and seek justice for the harm caused by the defendant’s alleged negligence. In its ruling, the court denied defendant Whittaker Clark and Daniels’ motion for summary judgement to dismiss the claim, as well as denying the company’s bid to have claims of potential punitive damages thrown out.

According to the plaintiff’s mesothelioma cancer lawsuit, filed in New York County Supreme Court, the victim developed mesothelioma for exposure to asbestos fibers in talcum powder products manufactured by defendant Whittaker Clark and Daniels. The plaintiff claimed that during his time working as a barber in New York City from 1961 until he retired in 2016, he frequently breathed in talcum powder dust from the Clubman talc he applied to clients, which he alleges the defendant knowingly manufactured with asbestos fibers.

In its motion to dismiss the case, the defendant alleged that the plaintiff’s mesothelioma diagnosis was not caused by exposure to talc in Whittaker Clark and Daniels’ Clubman talcum powder, but instead by exposure to asbestos in the victim’s native Italy where he lived until he was 25 years old until he immigrated to the United States. Specifically, the defendants claimed that the victim was exposed to asbestos in quarries found in Sicily, Italy. Countering that argument, the plaintiff’s lawyers contended that the victim lived almost 15 miles from the sites in question.

Less than a year after being hit with an asbestos exposure lawsuit by city employees, the City of San Diego continues to grapple with the safety of its municipal workplaces and the health and safety of those employed by the city. The latest issues with the city stem from asbestos abatement in buildings owned or occupied by the city, and whether the city rushed both the abatement process and moving workers back into the renovated space before it was safe.

According to local media reports, the City of San Diego began moving city employees into a downtown building with several documented asbestos violations, which were discovered by the county’s Air Pollution Control District in the summer of 2019. One of those violations read in part, “Specifically, visible emissions were found on various floors inside the building that were exposed to the outside air.” City employees began moving into the building at 101 Ash Street in December 2019 — 1,100 in total according to local news stations.

Documented air pollution violations continued even after city employees moved into the building. The latest occurred the day after Christmas, just under two weeks after city workers moved in. While city officials continued to insist the building was safe, public outcry eventually led to those workers being evacuated and the premises closed to the public. The asbestos-related issues for the city continued.

The U.S. Food and Drug Administration (FDA) recently released the sixth and final part of its year-long sampling assignment of testing talc-based cosmetics products for asbestos contamination, which was performed by an outside laboratory. Those testing services were performed by Lanham, Maryland-based AMA Analytical Services, Inc. (AMA) and commenced in September 2018. AMA was selected because of its expertise and knowledge in asbestos testing, as well as having conducted a previous successful survey for the FDA.

The FDA contracted AMA to test talc-based cosmetics products such as makeup and Johnson & Johnson’s Baby Powder, which were selected and purchased by the FDA and provided to the laboratory as blinded samples. During the course of its testing, AMA found that nine of the 43 samples provided tested positive for asbestos contamination, including one lot of Johnson & Johnson’s Baby Powder, which was recalled in October 2019. Other cosmetics products which tested positive for asbestos included makeup produced and sold by Claire’s and City Color, some of which have been recalled.

The FDA selected the various products based on criteria such as the type of talc-based product, range of price, prevalence on social media and other advertisements, whether it was marketed as a children’s product, and whether the FDA had received third-party reports of asbestos contamination in the particular product. AMA’s testing procedures utilized Polarized Light Microscopy (PLM) and Transmission Electron Microscopy (TEM) to detect and quantify mineral particles which were suspected to perhaps be asbestos fibers. According to the FDA, TEM is the most sensitive testing method for detecting and quantifying asbestos minerals.

The Philadelphia school system recently agreed to a settlement in an asbestos cancer lawsuit with a long time teacher who claimed she developed a serious form of asbestos-related cancer as a result of working in dangerous conditions in the school system. As part of the settlement, the 30-year special education teacher will receive a total of $850,000 dollars to compensate her for her lost wages, medical bills, and pain and suffering of living with the disease.

According to the mesothelioma cancer lawsuit, filed in September 2019 in a Pennsylvania court in Philadelphia, the plaintiff worked in two 90-year-old, dilapidated school buildings with damaged asbestos pipe insulation. The plaintiff’s lawsuit recalls an instance where she came in direct contact with crumbling asbestos pieces, which she claims was one of the instances in which she was exposed to the deadly carcinogen which caused her mesothelioma cancer diagnosis. The plaintiff had hoped to continue working for at least another seven years but has been forced into retirement while she contemplates her treatment options moving forward in order to fight the disease.

Asbestos is a naturally occurring mineral and was once commonly used in a variety of industrial, construction, and military applications due to its heat resistant properties and ability to be shaped to fit a variety of needs, particularly in insulation for pipes. However, asbestos is also carcinogenic and is directly linked to developing mesothelioma, a rare and deadly form of cancer which affects thin linings of tissue surrounding vital organs such as the lungs, heart, and abdominal cavity. Mesothelioma is often not diagnosed until decades after exposure, which often leaves patients with diminished treatment options to fight the disease.

A group of seven California plaintiffs recently signaled their intention to a federal court to refile their talcum powder asbestos cancer lawsuit against pharmaceutical and cosmetics giant Johnson & Johnson in order to include additional defendants who may be at fault for causing their asbestos-related conditions. The federal district court judge hearing the case granted plaintiffs their motion to dismiss the case and include plaintiffs such as Claire’s and Valeant Pharmaceuticals over those companies’ negligence for not placing appropriate warning labels on their products.

The plaintiffs sought the request after the judge hearing the case disallowed the group to make any further amendments to the complaint originally filed only against Johnson & Johnson over claims that it negligently marketed its talc-based products such as Baby Powder and Shower to Shower. The plaintiffs originally filed their complaint in U.S. District Court for the Central District of California, claiming that the group developed serious, asbestos-related medical conditions as a result of using Johnson & Johnson’s talc products.

The judge hearing the case allowed the group to dismiss their claims, without prejudice, with the added condition that they pay for the legal fees incurred by Johnson & Johnson in the first iteration of the lawsuit. However, the judge cautioned Johnson & Johnson against “overlawyering” in an attempt to inflate the costs of the case as a retaliatory measure against the plaintiffs. The federal judge himself will decide the total amount of legal fees owed to Johnson & Johnson.

A Hawaii woman recently filed an asbestos cancer lawsuit against pharmaceutical and cosmetics giant Johnson & Johnson and local grocer Foodland Supermarket Ltd. alleging that the defendants are responsible for her mesothelioma cancer diagnosis. The mesothelioma cancer lawsuit claims Johnson & Johnson knowingly produced and marketed talc-based products like Baby Powder and Shower to Shower, which the company knew were contaminated with deadly carcinogens but did not provide any warning to consumers on the label.

According to the asbestos mesothelioma lawsuit, filed in Honolulu Circuit Court, the 64-year-old plaintiff developed malignant mesothelioma after years of using asbestos-contaminated talcum powder products produced by Johnson & Johnson and sold by Foodland Supermarkets. The plaintiff, who is also an equine chiropractor, claims she frequently used Johnson & Johnson’s talcum powder products in the course of her work caring for horses.

The asbestos talcum powder lawsuit filing comes less than a month after Johnson & Johnson issued a voluntary recall for certain lots of of its Baby Powder product after the Food and Drug Administration (FDA) announced that those certain lots of Baby Powder tested positive for cancerous asbestos fibers. While Johnson & Johnson claims subsequent testing showed no positive tests for asbestos, a Wall Street Journal report revealed flaws in the initial testing the company conducted after it appeared to rush those independent tests.

Pharmaceutical and cosmetics giant Johnson & Johnson recently recalled 33,000 bottles of one of its talc-based products after regulators discovered trace amounts of asbestos fibers in samples taken from a bottle of Baby Powder purchased online. This is the first time Johnson & Johnson has issued such a recall for its iconic Baby Powder product and coincides with the first time the Food and Drug Administration (FDA) has announced finding asbestos in the company’s talcum powder products.

The recall applied to one lot of Johnson & Johnson’s Baby Powder produced and shipped in the United States back in 2018. On a recent call with reports, Johnson & Johnson’s head of Women’s Health in the company’s medical safety organization, called the asbestos finding “extremely unusual,” adding that it was “inconsistent with our testing to date.”

In its call with reporters, Johnson & Johnson stated that it received a report from the FDA on October 17 alerting the company about the asbestos contamination in the lot of Baby Powder tested and the company would begin an investigation into its manufacturing records. The company faces an estimated 14,000 lawsuits across the country in state and federal court over allegations Baby Powder and Shower to Shower products caused plaintiffs’ serious medical conditions.

A California state jury recently heard opening arguments in a new talcum powder asbestos cancer trial brought by a 48-year old woman who claims she developed her serious form of cancer after years of using talc-based products produced and marketed by the defendant. The mesothelioma cancer lawsuit claims pharmaceutical and cosmetics giant Johnson & Johnson knew its talcum powder products were contaminated with asbestos fibers but provided no warning to consumers about the dangers associated with using its products.

Attorneys for the plaintiff told jurors that for decades, the plaintiff was exposed to asbestos fibers in Johnson & Johnson’s Baby Powder and Shower to Shower and that was the cause of her developing mesothelioma cancer. Johnson & Johnson, on the other hand, maintained that despite the overwhelming evidence showing the company knew its products have tested positive for asbestos, those products are safe for consumers and not to blame for the plaintiff’s condition.

The trial comes just weeks after a Los Angeles jury handed down a substantial $40.3 million verdict to a plaintiff and her husband alleging the victim’s mesothelioma cancer was also caused by exposure to asbestos fibers in Johnson & Johnson’s Baby Powder. That latest lawsuit is just one of many that together have produced over $5 billion in total compensation to dozens of plaintiffs across the country who claim their cancer diagnoses were due to asbestos exposure from decades of using Johnson & Johnson’s talc-based products.

A California jury recently handed down a substantial award to a husband and wife who claim the man’s employer is responsible for his mesothelioma diagnosis developed while working at several of the defendant’s oil refineries over a two-decade period. The mesothelioma cancer lawsuit named Fluor Enterprises Inc., Middle East Fluor, the National Iranian Oil Company, and several other companies as defendants, claiming that the groups exposed the victim to carcinogens by using asbestos-laden products despite knowing of the risks to workers.

According to the asbestos cancer lawsuit, filed in Los Angeles County Superior Court, the plaintiff developed an especially rare form of testicular mesothelioma as a result of working with asbestos contaminated parts as part of his routine job duties on oil rigs. The plaintiffs claimed the defendants violated their own internal standards for safety in the process of completing those projects, cutting many corners and putting the victim and other workers at risk of asbestos exposure.

The Los Angeles jury ultimately sided with the plaintiffs, handing down a total of $25 million in compensatory damages to the couple. Of that award, $14 million was awarded to the husband for his past and future pain and suffering while the remaining $11 million went to the wife for her damages as a result of her spouse’s mesothelioma diagnosis. In apportioning liability to the defendants, the jury determined the Iranian National Oil Company to be 20% at fault and prescribed the remainder of the blame to the Flour companies.

A grieving Georgia family recently filed an asbestos talcum powder cancer lawsuit against Johnson & Johnson after losing their mother to a battle with mesothelioma in 2017 that they claim was caused by the pharmaceutical and cosmetics giant’s negligence. The family’s lawsuit against Johnson & Johnson and its supplier, Imerys Talc USA, comes just shortly after a report by Reuters detailed a review of thousands of internal company documents showing that the defendants knew for decades about asbestos contamination in its talcum powder products.

According to the talcum powder mesothelioma lawsuit, the victim used talc-based products manufactured by Johnson & Johnson and supplied by Imerys Talc USA that were contaminated with deadly asbestos fibers. Despite knowing full well about the presence of asbestos in its talcum powder products and the risks it could pose to consumers, the defendants declined to provide the public with any warnings on the product labels, according to the lawsuit.

The mesothelioma cancer lawsuit is another in an increasingly long list of claims filed against the company by defendants, mostly women, who developed ovarian cancer or mesothelioma as a result of using Johnson & Johnson talcum powder products. Currently, there are an estimated 12,000 other talcum powder cancer lawsuits against Johnson & Johnson pending in state and federal courts, with several slated for trial in 2019.

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