Companies & Asbestos

Johnson & Johnson Recalls Talcum Powder Products Over Asbestos Contamination

December 1, 2019 | by Throneberry Law Group

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.

New Talcum Powder Asbestos Cancer Trial Begins in California

November 11, 2019 | by Throneberry Law Group

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.

California Jury Awards $3 Million to Pipefitter in Asbestos Cancer Lawsuit

May 23, 2019 | by Throneberry Law Group

A Southern California jury recently awarded a former pipefitter and his wife $3 million in an asbestos cancer lawsuit brought against a contractor whom the plaintiff claims frequently exposed him to asbestos during the course of his employment. The mesothelioma lawsuit claimed that D.W. Nicholson Corp. exposed the plaintiff to asbestos while performing an estimated 100 contracting jobs at the Masonite Corp. in Ukiah, California.

According to the mesothelioma cancer lawsuit, filed in Los Angeles Superior Court, D.W. Nicholson Corp. installed mechanical, electrical, and piping equipment at Masonite more than 100 times while the plaintiff worked at the site. The plaintiff alleged that D.W. Nicholson frequently exposed the victim to asbestos when the company failed to clean up asbestos-containing debris it left behind and provided no warning to Masonite workers about the risks of exposure.

As a result of years of asbestos exposure from 1964 to 1999, the plaintiff claimed he developed mesothelioma, a rare and deadly form of cancer which commonly affects the thin lining of tissue surrounding vital organs like the lungs, heart, and abdominal cavity. Asbestos exposure is directly linked to developing this rare type of cancer, often occurring through industrial exposure in the course of employment or sometimes secondhand when fibers are brought home on work clothing.

Court Allows Construction Worker’s Mesothelioma Lawsuit Against Boiler Company to Continue

May 14, 2019 | by Throneberry Law Group

A New York City judge recently handed down an important ruling in a mesothelioma cancer lawsuit allowing the plaintiff’s claim against a boiler company to continue rebuffing the defendant’s legal maneuvers to have the case dismissed before it could be heard by a jury. Attorneys for defendant Kohler Co. asked the judge to throw out the case on summary judgement, claiming there was a similar case in New York’s asbestos courts, which barred the plaintiffs from suing the company.

The case was brought by a retired clean up crew worker who worked from 1958 to 1966 and was responsible for removing boiler parts manufactured by Kohler Co. after they had been disassembled. The plaintiff eventually developed mesothelioma and filed a lawsuit against Kohler Co., claiming that he frequently came in contact with frayed gaskets that contained asbestos. The plaintiff ultimately passed away after his battle with mesothelioma in 2016, leaving his estate to take up the claim in court.

In their mesothelioma cancer lawsuit, the plaintiffs claimed that Kohler Co. should have known that maintenance companies would repair and replace boilers with parts manufactured with deadly asbestos fibers. In their motion for summary judgement, attorneys for the defendant pointed out that Kohler Co. did not manufacture the asbestos-laden parts itself and that the removal of parts after dismantling was not a foreseeable use of the product and that therefore the company owed no duty of care to anybody who was carrying parts away.

Georgia Family Files Asbestos Talcum Powder Cancer Lawsuit Against Johnson & Johnson After Losing Mother to Mesothelioma

April 7, 2019 | by Throneberry Law Group

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.

California Jury Hands Down $29 Million Verdict in Asbestos Cancer Lawsuit Trial

March 23, 2019 | by Throneberry Law Group

An Oakland, California jury recently handed down a substantial $29 million verdict in favor of a female plaintiff who claims she developed a serious form of cancer from carcinogens in talc-based products produced by the defendant, Johnson & Johnson. The plaintiff’s verdict is the latest defeat for the pharmaceutical and cosmetics giant, which is still reeling from several other awards handed down by juries last year totaling more than $5 billion in compensatory and punitive damages.

According to the asbestos cancer lawsuit, filed in Alameda County Superior Court, the plaintiff developed mesothelioma as a result of years of exposure to asbestos in Johnson & Johnson’s Baby Powder, which is made with talc sourced by Italy-based Imerys Talc USA. The talc supplier avoided any liability in the matter due to a recent Chapter 11 bankruptcy filing which Imerys claims is the result of the weight of talcum powder cancer lawsuits filed against it.

Although talc does not contain asbestos itself, the two are both naturally occurring minerals found in deposits side by side one another. If talc suppliers and manufacturers do not take reasonable precautions to separate talc from asbestos and conduct necessary testing, innocent consumers may be exposed to life threatening carcinogens.

Colgate-Palmolive Settles Talcum Powder Asbestos Cancer Lawsuit

September 26, 2018 | by Throneberry Law Group

Personal care products company Colgate-Palmolive recently reached a settlement with a California man in a talcum powder asbestos cancer lawsuit on the verge of trial in state Superior Court. The terms of the settlement were not released in the case of the now 67-year-old man who claimed he developed his disease as a result of years of using talc-based products developed and sold by the defendant, which formerly did business as the Mennen Co. The two-sides resolved the case during a lunch break after spending several days selecting a jury for trial.

According to the mesothelioma cancer lawsuit, filed in Los Angeles County Superior Court, the plaintiff developed his mesothelioma cancer after decades of using asbestos-contaminated talcum powder products marketed by Colgate-Palmolive and Menen Co. The plaintiff claimed the defendant knew fully well about the asbestos contained in its Mennen Baby Powder but did nothing to warn consumers about the risks associated with exposure to the deadly carcinogen.

Mesothelioma is a rare form of cancer directly linked to asbestos exposure. The disease can take several decades to show symptoms, known as the latency period, and commonly affects the thin linings of tissue surrounding vital organs like the lungs, abdomen, and heart. Due to the long latency period, mesothelioma patients often have diminished treatment options which can complicate the prognosis of their condition. While research continues on searching for a cure for the disease, none exists at this time.

California Jury Hands Down $11.4 Million Award in Take Home Asbestos Lawsuit

August 20, 2018 | by Throneberry Law Group

A California jury recently handed down a substantial verdict in an asbestos cancer case involving a plaintiff who developed mesothelioma as a result of secondhand exposure to asbestos fibers brought home on his father’s work clothes. The jury’s $11.4 million award included $5 million to the plaintiff and his wife for what the panel deemed to be malice on the part of the defendant, Liberty Utilities, now known as Park Water.

Mesothelioma is a rare form of cancer that commonly affects thin lining of tissue surrounding vital organs like the lungs, heart, and abdomen. The disease is directly linked to exposure to asbestos, a naturally occuring mineral once commonly used in a variety of industrial, commercial, and military applications due to its malleability and heat-resistant properties. Mesothelioma usually takes 20 to 50 years to develop, which can leave patients with limited treatment options by the time a diagnosis is made.

According to the asbestos cancer lawsuit, filed in Los Angeles County Superior Court, the plaintiff developed his cancer as a result of being exposed to asbestos fibers his father unknowingly brought home from his job at Liberty Utilities (Park Water). The plaintiff’s father worked at Liberty Utilities (Park Water) from 1970 to 1985, where he cut, installed, and repaired asbestos-cement water pipes but was unaware of asbestos exposure and its dangers.

Family of Texas Petroleum Worker Files Mesothelioma Cancer Lawsuit Against Phillips 66

June 29, 2018 | by Throneberry Law Group

The family of a deceased Texas petroleum worker recently filed a mesothelioma cancer lawsuit against the victim’s employer, Phillips 66, over allegations that the company knew about dangerous working conditions, including asbestos exposure, but did nothing to warn employees. The plaintiffs’ lawsuit asks the court to award exemplary damages (sometimes referred to as punitive damages) for what they deem to be especially egregious behavior on the part of the defendant.

According to the asbestos cancer lawsuit, filed in Jefferson County District Court, the deceased worked from 1955 to 1979 for Phillips Petroleum at the company’s Bogner facility as an insulator, during which time he was exposed to asbestos. As a result of the exposure to asbestos, the victim developed mesothelioma, a rare and deadly form of cancer that commonly affects the body’s vital organs like the heart, lungs, and abdomen. In January 2017, the victim passed away due to his condition, which the lawsuit alleges was a painful experience.

The plaintiffs claim that Phillips Petroleum was well aware of the dangers employees faced while working with asbestos and other carcinogens but did not put in place reasonable safety measures to prevent foreseeable health consequences or warning employees about the risks. This indifference to worker safety was tantamount to an act of malice, and Phillips Petroleum should therefore be subject to severe punishment, according to the plaintiffs.

California Jurors Find Johnson & Johnson Acted with Malice in Asbestos Talcum Powder Lawsuit

June 16, 2018 | by Throneberry Law Group

A California jury recently awarded a plaintiff $4 million in punitive damages after determining that pharmaceutical giant Johnson & Johnson acted with malice when it produced and sold talcum powder products contaminated with deadly asbestos fibers. The punitive damages award comes just days after the same jury handed down a substantial $21.7 million in compensatory damages in a case which is Johnson & Johnson’s second trial loss in as many months.

The 68-year-old plaintiff in the case claimed she developed mesothelioma cancer as a result of decades of using talc-based products sold by Johnson & Johnson. While Johnson & Johnson has denied any liability in the case, the company faces thousands of other lawsuits across the country brought by victims claiming they developed mesothelioma, ovarian cancer, and other cancers after using talcum powder products.

Mesothelioma is a rare and deadly form of cancer that commonly affects the thin linings of tissue surrounding vital organs like the lungs, abdomen, and heart. Due to the latency period of the disease, many asbestos cancer victims do not show symptoms for 20 to 50 years, which leaves them with diminished treatment options. Even though medical science continues to make progress every day with treatments, there is still no definitive cure for a mesothelioma diagnosis.