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  • About Talcum Powder Lawsuits

    About Talcum Powder Lawsuits

    Dealing with a cancer or mesothelioma diagnosis can take its toll on your life emotionally, physically, and financially. If you suspect that exposure to a hazardous talcum powder product was the cause of your health condition, you may have a list of questions running through your mind. How long could it take to seek compensation, and what are my chances of winning? How do I prove my case? Should I work with a lawyer? 

    One big question that may escape many potential plaintiffs’ minds is how long you have to file a lawsuit. It is important that you know that many laws restrict your deadline to file a lawsuit, depending on the state you live in. A talcum powder lawsuit lawyer can help you sort through these and all legal questions as you explore your options for holding Johnson & Johnson (J&J) accountable for your damages. 

    Background on the Talcum Powder Lawsuits

    In late 2019, the U.S. Food & Drug Administration (FDA) discovered asbestos contamination in a lot of Johnson & Johnson’s baby powder products. The manufacturer then voluntarily recalled affected products. As the FDA notes, mining for talcum powder is vulnerable to asbestos contamination if certain monitoring procedures are not carefully followed during extraction.

    This recall opened up greater potential for plaintiffs to begin seeking damages from J&J. Now, thousands of lawsuits have been filed. Plaintiffs allege that J&J’s Baby Powder and Shower to Shower products caused cancer, and the company knew of the risks of ovarian and other cancers—but failed to warn consumers. 

    Instead, Johnson & Johnson marketed its talc products as safe for infant hygiene and feminine hygiene use, which many women applied to the genital area. 

    Johnson & Johnson Had Reports of Contamination for Decades

    Johnson & Johnson was aware its talc powder was contaminated with asbestos for decades.

    According to a report from Reuters, the company’s internal communications reveal that analyses of J&J’s baby powder produced alarming lab results as early as 1957. At this time, a form of asbestos fibers was discovered in the company’s talc source in Italy. 

    When the FDA proposed to regulate acceptable limits of asbestos in cosmetic products in the 1970s, Johnson & Johnson knew it was under threat. The company developed a strategic approach to ensure its baby powder would survive FDA scrutiny, reporting only a limited window of test results and failing to disclose known instances of contamination.

    The First Talc Lawsuit Was Filed Against J&J in 1999

    The first lawsuit claiming that talcum powder caused a victim’s cancer was filed in 1999 by Darlene Coker (Reuters). At that time, Coker was surprised to learn she had mesothelioma, a form of cancer affecting the tissue around the lungs. Coker believed mesothelioma was most common among men exposed to asbestos through shipbuilding and other trades. 

    Her lawyer, however, made the connection between the talc powder she had used throughout her life and her terminal cancer. 

    While Coker’s case at that time was deemed to lack sufficient evidence, forcing her to drop the case, plaintiffs claiming that talc caused their cancer now have more documentation to bring against Johnson & Johnson. The company currently faces liability for nearly 40,000 lawsuits. 

    Plaintiffs Seek Damages for Losses Related to Cancer Diagnoses

    For those who can show they used Johnson & Johnson’s Baby Powder or Shower to Shower products and suffered cancer or other health consequences as a result, they could seek various damages. 

    Some forms of recoverable compensation could include:

    Medical Bills for Diagnosis, Treatment, and Recovery

    Victims may be facing mesothelioma, ovarian cancer, or other forms of cancer as a result of using talcum powder for personal hygiene. The medical costs of diagnosing, treating, and recovering from cancer can be staggering. Depending on where you are in your health plan and what type of cancer you’re facing, you could be dealing with past, present, and future medical expenses.  

    You could recover compensation for the following costs:

    • Diagnostic testing, such as biopsy, ultrasound tests, or blood tests
    • Surgery to remove organs or cancerous growth
    • Chemo or hormone therapy 
    • Palliative care
    • Pain medications

    If you lost a loved one to their fight against cancer, you could also recover compensation for their medical costs before their death. 

    Financial Losses Beyond Medical Bills

    Many types of losses are associated with a cancer diagnosis. If you are physically or mentally unable to work due to your cancer symptoms, treatment symptoms, or recovery time from surgery, you could recover these losses. 

    A talcum powder lawsuit lawyer can help you calculate what you could seek for:

    • Lost wages
    • Reduced earning capacity
    • Lost benefits
    • Missed opportunities for promotions

    If you lost a loved one, you could seek recovery for the income they will no longer be able to provide for you or your family. 

    Other Personal Costs 

    Living with cancer and dealing with treatments can be overwhelming. You could recover compensation for:

    • Pain and suffering
    • Mental anguish
    • Depression
    • Reduced ability to enjoy life
    • Wrongful death damages, such as for loss of companionship

    What Is the Statute of Limitations on the Talcum Powder Lawsuit?

    Talcum powder lawsuits fall under the umbrella of product liability cases. Product liability cases involve situations where a consumer item was used as intended yet caused harm to the user due to any number of errors for which the manufacturer could be responsible. 

    Each state dictates a statute of limitations for product liability lawsuits. In other words, you have a limited time to bring a lawsuit based on state law. Depending on the state, these time frames can range from one year (such as in Kentucky) to 10 or even 11 years (as in North Dakota).

    The ‘Discovery Rule’

    Another important element of statute of limitations law relates to when that clock starts ticking. In some states, the time limit clock begins ticking when the injured party discovers they are injured. This is known as the discovery rule. In other states, the clock begins when that party was initially injured. 

    Here’s an example situation to illustrate the discovery rule. Let’s say you bought Johnson & Johnson’s Baby Powder in 2002 and used it every year until it was taken off the U.S. market in 2020. In December 2020, you then went to the doctor for concerning symptoms and discovered that you have cancer. In August 2021, you learned about the J&J lawsuits and sought legal help.

    In this case, the injury was discovered in December 2020, which means the statute of limitations began then—on the day you received a cancer diagnosis. In a state where the statute of limitations states you have one year from the day of discovery to file a lawsuit, you would likely be within your right to sue, as less than one year had elapsed since the diagnosis and when you began lawsuit proceedings. 

    Long Latency

    A plaintiff may find themselves in a state where the statute of limitations clock begins ticking from the date of the initial injury. This scenario may sound discouraging, as you may think that you cannot sue if it took 10 or 20 years to discover your symptoms. However, there could be exceptions for people with diseases that have long latency. 

    Long latency refers to illnesses that take many years to develop, such as mesothelioma. So, if your doctor can show that your cancer was likely developing for many years, yet you only recently began experiencing symptoms, you could be granted what is known as a tolling exception. 

    Tolling exceptions allow injury victims to receive more time to file a lawsuit than is stated in statute of limitations law. Thus, the courts may grant you additional time to file a suit if you have mesothelioma as a result of a J&J product—regardless of when the disease may have initially developed. 

    Years of Exposure

    Research shows that exposure to talc powder contaminated with asbestos can cause ovarian cancer as well as mesothelioma, per the Journal of Occupational and Environmental Medicine. 

    With mesothelioma, asbestos fibers can be inhaled into the lungs, where irritation over the course of years can eventually cause cancer. According to Mayo Clinic, it can take anywhere from 20 to 60 years after asbestos exposure for mesothelioma to become malignant. 

    So, years of exposure to asbestos can lead to these serious health conditions—which can make it challenging for victims to trace their mesothelioma or ovarian cancer to talcum powder exposure. However, a doctor or other expert witness could examine your medical records and provide testimony demonstrating the connection between your use of a J&J talc product and cancer.

    Statutes of Repose

    In some states, there could be another deadline to know about if you were exposed to a faulty or dangerous product. Statutes of repose give a secondary, maximum deadline to file a lawsuit for products that are no longer on the market. Typically, the clock on the statute of repose starts ticking when the product is last sold to consumers. 

    So, let’s say that you live in a state where there is a statute of repose of 10 years. If the dangerous product was discontinued in 2000 but you only now are starting to face symptoms more than 20 years later, you could be barred from filing a lawsuit—regardless of how many years it’s been since you discovered your injuries.

    Determining Which State’s Rules Apply to Your Case

    One of the best ways to determine which state’s rules apply to your case is to get help from a law firm. As you can see from this brief outline of the statute of limitations and statutes of repose laws, these rules can be complex—and they vary across the country.

    When you contact a lawyer’s team, they can explain all laws that could be relevant to your case, including those that permit you to file a suit or limit your ability to do so.

    Other Important Legal Steps to Take for a Baby Powder Lawsuit

    You may want a lawyer’s help. If you used a Johnson & Johnson talcum powder and believe you are facing cancer or another health condition as a result, you could seek compensation through a lawsuit—but there are many important steps to take to successfully secure damages.

    An injury attorney can help you with all necessary legal tasks, including:

    • Gathering evidence to demonstrate your health condition
    • Using expert witness testimony to prove a link between your harm and a J&J product
    • Submitting necessary court paperwork 
    • Litigating for you at trial
    • Representing your best interests during the settlement process
    • Communicating with all third parties in the suit for you
    • Advising you on relevant laws and all your legal options

    When you have an attorney representing your best interests, you can know that you are seeking the best possible compensation available in your unique situation. Additionally, you can hand off the legal burden of a challenging case. 

    After all, Johnson & Johnson’s legal team will likely come well prepared to challenge liability claims. Having strong legal resources on your side can help you go up against a major corporate defendant.

    The Status of Talcum Powder Lawsuits

    So far, Johnson & Johnson has made settlement agreements for some of the recent lawsuits brought for talc powder cases.

    • In 2016, the company paid its first damages for talc lawsuits. A $72 million verdict was granted in the case of Jacqueline Fox, a North Carolinian whose family received wrongful death damages after she passed away from ovarian cancer. She used talc powder for 35 years before her passing. (The Washington Post)
    • In 2016, J&J faced a $55 million verdict for Gloria Ristesund, who claimed her ovarian cancer resulted from baby powder use. (Reuters)
    • In 2020, the company settled 22 talc cases for $2.1 billion through a Missouri appeals court. (CNN)
    • In 2021, the company settled 1,000 talc cases for $100 million. (Forbes)

    As of March 2022, litigation in thousands of baby powder lawsuits is currently paused. This is because Johnson & Johnson transferred liability for its talc lawsuits to a subsidiary company, which then filed for bankruptcy. This complex series of maneuvers took place over the course of 2021, as reported by Reuters. 

    Essentially, J&J worked to avoid paying out talc powder claims through the jury trial system. Now, plaintiffs in the case await further direction from U.S. Bankruptcy Judge Michael Kaplan, who is managing the Chapter 11 proceedings. (Reuters) 

    For now, Judge Kaplan has upheld the Chapter 11 filing as legitimate, in spite of plaintiffs’ objections that Johnson & Johnson is far from bankrupt and simply abused the bankruptcy system to protect its own liability exposure.

    You Can Still File a Lawsuit Against Johnson & Johnson

    Just because Johnson & Johnson filed for Chapter 11 bankruptcy does not mean potential plaintiffs are out of luck for their cancer claims.

    While J&J is facing protections from litigation and may not have to proceed through a jury trial to resolve the nearly 40,000 pending lawsuits—in addition to any other future lawsuits filed—the settlement process could proceed through bankruptcy court proceedings. 

    This means plaintiffs could still make a recovery for their losses related to talc powder products. You may be able to join the existing multidistrict litigation action (United States District Court of New Jersey) or a class action lawsuit. To understand your legal options and what comes next for your case, you could get a free case review from an injury lawyer’s team. Often, injury lawyers provide free consultations and work based on contingency, so you may owe nothing upfront to get started with a case.

    Call a Lawyer’s Team Now to Start Your Talcum Powder Claim

    To learn more about whether you could have a case against Johnson & Johnson, fill out our online contact form to connect with a lawyer in our network. You can get started on your financial recovery today. 

  • How Do You Prove Asbestos Exposure?

    How Do You Prove Asbestos Exposure?

    What Are the First Signs of Asbestos Exposure?

    A person who has been exposed to asbestos may experience shortness of breath or chest pains. They also may have a nagging dry cough. If you or someone you love is concerned about asbestos exposure, you should see a doctor to determine if these symptoms are due to asbestos exposure or something else.

    This guide will outline symptoms of asbestos-related disease, whose most at risk from asbestos, what your options are for seeking financial compensation if your health has been compromised due to asbestos exposure, and more.

    What Is Asbestos?

    Asbestos is a natural-occurring mineral product that construction companies and other industries have used. Because asbestos is heat and corrosion-resistant, companies used it extensively in cement, insulation, and flooring. 

    Long-term asbestos exposure has been known to cause mesothelioma, lung cancer, and other lung diseases. While asbestos is still used in brake pads and other products, it is no longer used in building construction. Before the harmful effects of this product were discovered, it was widely used in drywall construction and insulation materials.

    Common Reasons for Asbestos Exposure

    Most asbestos exposure happens while a person is working on the job. Once asbestos was discovered to be harmful, the federal government stepped in to regulate its use in the 1970s. 

    In modern times, asbestos use and handling are strictly regulated. Industries that still use asbestos must follow strict guidelines to ensure their employees do not risk exposure. Federal mandates require asbestos to be handled only by trained and accredited asbestos professionals. 

    Can You Sue Someone for Exposing You to Asbestos?

    If you have been diagnosed with an asbestos-related disease, you may be eligible for financial compensation from the company responsible for your exposure. If the company using or manufacturing the asbestos is found liable for your damages, you may receive a payout.

    Unfortunately, while asbestos exposure and the resulting illnesses are preventable, mesothelioma and other lung-related diseases still affect hundreds or thousands of victims annually. As stated above, most asbestos exposure stems from certain jobs. These employees come in contact with asbestos as part of their job description. This repeated exposure over a long period can lead to various lung diseases. 

    Employees working directly with or in close proximately of asbestos are not the only victims, however. Consumers can contract asbestos-related diseases from certain products sold to the public. And some asbestos-related diseases originate from the secondhand exposure many family members experience when a loved one comes home after working with or near this toxic material.

    Timeline of Asbestos-Related Diseases

    Asbestos-related diseases, such as mesothelioma or lung cancer, may not show up until years after asbestos exposure. Many medical experts pinpoint the gestation of asbestos-related diseases at between 10-40 years after exposure. While the disease may take decades to appear, medical expenses, stress, and hardship can occur rapidly after a diagnosis.

    Because the United States does not have universal healthcare or a nationwide asbestos compensation program, victims are often forced to rely on legal representation to attempt to receive financial compensation for their suffering. 

    How Much Can You Sue for Asbestos Exposure?

    Victims of asbestos-related diseases often want to know how much a potential settlement would be. A personal injury attorney would not give you an exact dollar amount to expect for your payout.

    Each personal injury case has far too many moving parts. Multiple factors can greatly affect what your settlement might be. The company you are suing may push for a trial, or it may open out-of-court settlement discussions.

    If your case were to be tried in court, there is no guarantee of a victorious verdict. The jury, after hearing both sides of the case, may decide you failed to prove your disease was related to asbestos exposure from the company or companies you are litigating against. There are important things to remember when starting an asbestos-related claim.

    Many Asbestos Cases Are Settled Out of Court

    Sometimes, asbestos-related cases are settled out of court. The company being sued may offer a plaintiff a financial package to avoid going to court. In these cases, attorneys for both sides will negotiate an offer acceptable to the plaintiff and defendant. 

    While some companies push a personal injury case to court, others offer to settle to save months or years along with time and money in litigation expenses. When both parties agree to settle, the plaintiff’s side also saves considerable amounts of money in legal fees,

    What Is an Asbestos Case Worth?

    The company being sued looks at a lot of data to know what to offer in a settlement. The company’s medical and legal experts may consider:

    • The kind of asbestos-related disease the plaintiff has
    • What kind of asbestos exposure were they subjected to?
    • How credible or damaging is the plaintiff’s evidence against the company?
    • How are the defendant company’s finances?

    These and other factors influence any settlement decisions. However, the biggest things that affect settlement discussions are the potential economic and non-economic damages and the culpability of the company.

    Economic Damages

    A plaintiff may seek to recover the financial costs of contracting a disease as a direct result of asbestos exposure. These economic damages may include:

    • Medical expenses for diagnosing or testing the asbestos-related disease
    • Lost wages from the victim’s inability to work
    • Lost future earnings in anticipation of the victim not returning to work
    • Costs associated with the need to hire a person to do work the victim can no longer do

    Did your insurer cover your medical bills? If so, your insurance company may step in to claim part of your settlement to cover its costs. In some cases, an asbestos attorney can negotiate with your insurance company on your behalf so that you receive the highest amount of your settlement possible.

    How Are Lost Future Earnings Calculated?

    Lost wages will be calculated based on your salary before you had to stop working due to your diagnosis. Your future earnings would be determined based on an estimation of your remaining productive work years would be if you had not contracted your disease. 

    Further, asbestos-related diseases have no cure, so the disease can lower your life expectancy. Therefore, further damages may be added to your settlement to account for pension and retirement. 

    What Costs Are Associated with Hiring Someone to Do Work?

    Asbestos-related diseases often hamper a person’s ability to do everyday household chores. Some of your damages may come from the money you would need to pay someone to do those tasks for you. 

    Non-Economic Damages

    In many personal injury cases, non-economic damages are the biggest losses the victim or the victim’s surviving family suffer. Asbestos-related diseases have no cure, so the money is used to compensate the victim for the emotional duress stemming from the disease. Exact dollar amounts are understandably difficult to calculate. These cases often start by looking at the specific disease the plaintiff has.

    Mesothelioma and lung cancer are generally regarded as harsher diseases than asbestosis. These victims tend to be awarded higher dollar amounts for non-economic damages. These are only guidelines, however. If a person gets Stage 1 lung cancer from asbestos exposure that is cured, they may receive lower non-economic compensation than a patient with asbestosis who uses oxygen and “suffers” more.

    As you can see from this brief example, no case is ever cut and dry. Having a law firm represent your interests can make these arguments on your behalf. Your attorney can argue your damages should be based on your circumstances and not influenced by someone else’s. 

    Establishing the Defendant’s Liability

    For your claim to succeed, you must prove asbestos caused your disease and that the company you are suing was responsible for your diagnosis. This responsibility must be tied to the company’s products or ways of handling asbestos. If you have well-established facts supporting your case, you may stand a better chance of securing financial compensation. 

    Several companies involved in asbestos litigation have gone bankrupt. In the wake of these bankruptcies, trusts were established to compensate for future asbestos claims. These trusts often have a set amount that a claim will receive based on certain factors, such as how long an employee was exposed to asbestos while working for a company. 

    Is There a Test for Asbestos Exposure?

    There is no single established test for asbestos exposure. Victims generally must wait until they are diagnosed. If you feel you were exposed to asbestos, consult with your medical professional with any questions or concerns.

    Who Is Most at Risk from Asbestos Exposure?

    People working in certain industries have a much higher likelihood of contracting an asbestos-related disease. Before the risks of asbestos exposure were known, the milling and mining industries used a lot of the mineral. In some cases, these workers were exposed to it for years. 

    Asbestos usage peaked in the 1960s and 1970s. Later in the 1970s, experts began to discover the risks associated with asbestos. As stated earlier in this report, the federal government stepped in and established safety protocols to keep asbestos workers safe. 

    The Long Asbestos Disease Latency Period

    Because asbestos-related diseases may not manifest for 10-40 years, employees exposed to the toxic material in the 1960s and 1970s are now being diagnosed with various asbestos-related diseases.

    Sadly, asbestos-related deaths are rising sharply as of this writing. The National Institute of Occupational Safety and Health (NIOSH) data predicts the asbestos-related disease rate will continue to rise in coming decades.    

    Asbestos Exposure Risks Today

    As the United States continues trying to remove or replace products or materials using asbestos, the workers involved in these tasks are the most at risk. Even with all the known risks associated with asbestos and the federal safety checks in place, an estimated 1.3 million workers in construction and related asbestos removal or replacement industries are exposed to the toxic mineral.

    Asbestos Exposure Symptoms

    As stated earlier in this guide, victims of asbestos may not be diagnosed with a related disease until decades after the exposure. 

    Common symptoms include:

    • Dry, persistent coughing
    • Feeling pain or tightness in the chest
    • Hearing a dry or crackling sound while inhaling
    • Clubbing, or widening, of the fingertips and toes
    • Experiencing shortness of breath

    Asbestos-Related Diseases

    Asbestos causes lung disease because of its fibers. Some fiber pieces are small enough to become airborne and inhaled. These tiny particles make their way to a person’s lungs. From there, these particles cause inflammation and scarring. Asbestos is classified as a carcinogen or cancer-causing agent. Below are some of the most common asbestos-related diseases:

    Lung Cancer

    Every cancer disrupts the host body’s regular cell division and growth. Cancer stimulates uncontrolled, abnormal growth. Cells grow at a substantially increased rate, resulting in masses or tumors.

    Asbestosis

    Asbestosis causes scarring and inflammation in the victim’s lungs. Victims may experience the most common symptoms of asbestos-related disease, including shortness of breath, coughing, wheezing, and feeling a tightness in their chest. The disease may manifest into a more severe illness, such as:

    • Mesothelioma
    • Pulmonary heart disease
    • Lung cancer

    Mesothelioma

    Mesothelioma is a very aggressive form of cancer. There is a thin tissue layer that covers many of the victim’s internal organs. Mesothelioma strikes this thin layer and results in death for many patients. 

    Other Asbestos-Related Diseases

    There are several other asbestos-related diseases, including:

    You Can Consult with a Mesothelioma Attorney About Asbestos Exposure

    Victims of company negligence and exposure to harmful or lethal products can seek legal action. They also may be able to join mass tort actions against these negligent companies. Several plaintiffs join multidistrict litigation (MDL), which allows victims’ attorneys to pool resources. By sharing research, witnesses, and medical evidence, MDLs bring strong cases against these companies, increasing the likelihood that the defendant companies will be brought to justice.  

    An asbestos lawsuit attorney may be able to help you join a mass tort action. They can file the paperwork you need for a lawsuit, negotiate a settlement on your behalf, and represent your interests. You could then concentrate on your treatment and recovery from your disease. Fill out the contact form for more information. 

  • Talc as a Potential Cause of Cancer: Should You File a Talcum Powder Lawsuit?

    Talc as a Potential Cause of Cancer: Should You File a Talcum Powder Lawsuit?

    It might seem like an innocuous product, but talcum powder can cause cancer in people who are exposed to it regularly. Although manufacturers of baby powder, body powder, facial powder, and other powder products maintain that talcum powder is safe for routine use, some regulatory agencies classify it as a probable carcinogen. Many doctors recommend against two of its traditional uses: absorbing moisture in the genital area of babies and of adults. 

    Considering this information, you might be surprised to learn that talcum powder manufacturers are not required to place a warning label on these products. Without knowing about the potentially dangerous consequences of talcum powder, many people continue to use it on themselves and their children, potentially increasing their cancer risk. If you or a family member used talcum powder regularly and developed cancer, you may be eligible to file a talcum powder lawsuit.

    What Is Talcum Powder and Which Products Contain Talc?

    According to the American Cancer Society, talcum powder is a powder made from talc—a mineral comprised of magnesium, silicon, and oxygen. Talcum powder is soft and absorbs moisture easily. For decades, manufacturers have used talcum powder in baby powder, adult body powder, and facial powder to reduce the friction and moisture that can cause rashes or chafing.

    Although doctors recommend against using talcum powder on a baby’s diaper area or an adult’s genital area, many people continue to do so. Most people do not ask their doctors about using these widely available products. So, unless the issue comes up during an appointment, they may not know about the potential downsides to talcum powder use. 

    Does Talcum Powder Cause Cancer?

    A study published in the Journal of Toxicology and Environmental Health reports that talcum powder sold in stores is rarely pure talcum powder. This study analyzed 20 distinct brands of talcum powder that are widely available in stores across the nation. Most of the evaluated samples contained many other minerals and chemicals, including 10 that contained tremolite and anthophyllite—two different forms of asbestos. Asbestos is a known carcinogen.

    It makes sense that if talcum powder may contain asbestos, people who use talcum powder on themselves or their children may be at higher risk for developing cancer. In addition, people who work with talcum powder, such as talc miners who are at risk of inhaling it, may develop lung cancer. Scientists continue to study the links between talcum powder and ovarian cancer and talcum powder and lung cancer.

    Does Talcum Powder Cause Ovarian Cancer?

    One study reported in the journal Gynecologic Oncology compared the size and shape of talc particles found in talcum powder to the size and shape of talc particles found in reproductive tissue removed via hysterectomy from talc-exposed patients with ovarian cancer. The study found that these particles were the same size and shape, indicating that talc particles can move into the reproductive tract when women apply talcum powder to their genital area.

    Another study published in the American Journal of Clinical Pathology examined pelvic and reproductive tissues of women with ovarian cancer. Researchers found talc particles in tissues of the pelvic region lymph nodes, cervix, uterine corpus, fallopian tubes, and ovaries. Most women in the study had talc particles in more than one of these tissues. 

    Finally, a study reported in the journal Epidemiology found that regular use of talcum powder in the genital area was associated with a 33% increase in ovarian cancer risk when compared to talcum powder use in non-genital areas. The findings of these and other studies suggest that talcum powder may indeed cause ovarian cancer. 

    Does Talcum Powder Cause Lung Cancer?

    The International Agency for Research on Cancer, part of the World Health Organization, classifies talc-based body powder as possibly carcinogenic. Their data confirms that talc miners have a higher rate of both lung cancer and mesothelioma. According to Mayo Clinic, mesothelioma is cancer of the mesothelium, a lining that covers most internal organs, including the lungs. It is an aggressive cancer that is deadly for many people.

    Most people who are exposed to talcum powder will be exposed by using it as a cosmetic product, such as baby powder, body powder, or facial powder. Others are exposed to it occupationally while mining, milling, or processing talcum powder. Talcum powder can be used in secondary industries as well, such as ceramics, paper, rubber, and paint production. Inhaling talc is especially dangerous as it may introduce asbestos particles to the lungs and other internal organs.

    Talcum Powder and Talc Exposure Claims, Lawsuits, and Settlements

    Thousands of people have already sought compensation from talcum powder manufacturers. They claim that their exposure to talc by using talcum powder products led them to develop cancer, and that the manufacturers were negligent in failing to place a warning label on these products. Here are a few examples of people who have successfully sued Johnson & Johnson for personal injury because of cancer they developed after years of using talcum powder:

    • KSDK 5 On Your Side reports that in June 2020, the Missouri Court of Appeals upheld a 2018 verdict against Johnson & Johnson, a major manufacturer of talcum powder products. The original judgment against Johnson & Johnson awarded $4.69 billion to 22 women who claimed they developed ovarian cancer because of their use of the company’s talcum powder. The appeals judgment reduced the award to $2.1 billion.
    • NBC News reports that in October 2016, Deborah Giannecchini was awarded over $70 million from Johnson & Johnson for damages related to her ovarian cancer. She had used the company’s talcum powder for more than 45 years and was diagnosed with ovarian cancer at age 59.
    • The New York Post reports that Donna and Robert Olson won a judgment of $25 million in compensatory damages and $300 million in punitive damages in May 2019. For decades, Donna used Johnson & Johnson baby powder on her chest and underarms after showering. Doctors diagnosed her with mesothelioma in 2016 and she eventually had to have one lung removed.

    These cases show that talcum powder lawsuits are a legitimate way for victims to obtain compensation from negligent talcum powder manufacturers. In addition to the cases above, there are many other ongoing cases that may be resolved with a court trial or an out-of-court settlement.

    What Is the Talcum Powder Lawsuit Statute of Limitations?

    Each state has its own statute of limitations for personal injury cases. This statute establishes the legal deadline for filing a lawsuit against the at-fault party. The statute of limitations varies from state to state but is usually around two to three years. 

    You might think that it is too late for you to sue the talcum powder manufacturer for your losses. However, that is not necessarily true. Many people do not develop cancer until years after their exposure to talcum powder. When this occurs, the clock for the statute of limitations begins when you first notice symptoms or receive a diagnosis of your illness. A lawyer can help you determine how long you have to sue.

    Wrongful Death Lawsuits for Talcum Powder Cancer

    Sadly, some victims of cancer caused by talcum powder exposure do not live long enough to hold the manufacturer responsible for their illness. If your family member passed away because of talcum powder-related cancer, you may be able to file a lawsuit for wrongful death. The deadline for filing a wrongful death lawsuit also varies from state to state, so contact a lawyer to find out how much time you have to sue and if you have a case.

    What Is The Average Settlement For Talcum Powder Lawsuits?

    There is no average settlement for a talcum powder lawsuit. Each case is different, so consult a talcum powder lawsuit attorney to learn how much compensation you may be able to recover for your losses caused by talcum powder exposure. A lawyer can evaluate your case, estimate the value of your losses, and help you decide if a lawsuit is a legitimate way for you to recover damages from a negligent talcum powder manufacturer.

    You may be able to recover both economic damages (which are tangible losses) and non-economic damages (which are intangible losses) directly caused by your illness. 

    Economic Damages Caused by Talcum Powder Exposure

    When you are sick, you probably expect to incur medical bills. However, you may not realize that you could also lose your ability to work or drive. Losing your income and relying on taxis or rideshare services can feel like an added burden when you do not have any money coming in. 

    You may be able to recover damages for:

    • Diagnostic tests such as X-rays, MRIs, ultrasounds, CT scans, bloodwork, and biopsies
    • Cancer treatment including chemotherapy, radiation, and surgeries
    • Prescription medication
    • Hospital stays
    • Outpatient exams
    • Emergency room visits
    • Follow-up appointments
    • Physical therapy
    • Mental health counseling related to your cancer diagnosis and treatment 
    • Transportation to and from your appointments if you cannot drive
    • Loss of income if you have to take unpaid time off work because of your illness
    • Loss of earning capacity if your cancer prevents you from returning to the same job or a job that pays as well as your previous employment
    • Loss of benefits such as health insurance if you have to leave your job
    • Future loss of income if you cannot return to work because of your cancer diagnosis

    Non-Economic Damages Caused by Talcum Powder Exposure

    No amount of money can truly compensate you for the pain and heartache that come with a cancer diagnosis. However, pursuing non-economic damages allows you to hold the talcum powder manufacturer accountable for failing to warn you and others about the potential hazards of using talcum powder regularly. 

    You may be able to recover damages for:

    • Physical pain caused by your illness and its treatment, including chemotherapy and radiation
    • Emotional distress, especially if you become anxious or depressed or develop other conditions like insomnia because of your illness
    • Psychological trauma such as post-traumatic stress disorder (PTSD) because of your diagnosis and fear of cancer recurrence 
    • Permanent disability, which is a common side effect of chemotherapy 
    • Reduced quality of life if your ill health, difficult cancer treatment, and unpleasant side effects lower your quality of life

    A lawyer will use evidence to estimate the total value of your damages. They may use your medical bills and records, previous salary and employer-provided benefits, transportation receipts, expert medical testimony, and more to determine how much compensation you deserve. When you seek compensation, this estimate can help you decide whether to accept an out-of-court settlement offer, continue with settlement negotiations, or move forward with litigation.

    It May Not Be Too Late to File a Talc Lawsuit

    If you were diagnosed with lung cancer, mesothelioma, ovarian cancer, or another type of cancer that you believe was caused by talcum powder exposure, you may be able to sue the talcum powder manufacturer for financial compensation. Even if your exposure to talcum powder occurred years ago, it may not be too late for you to file a talc lawsuit. Talk with a lawyer who has experience handling talcum powder lawsuits about your case.

    Do not let your chance to seek compensation slip by because you think too much time has passed. A talcum powder lawyer can give you more information about your opportunity to recover damages for economic and non-economic losses caused by your illness.

    Take Action Now With the Help of a Talcum Powder Lawyer

    If you or a loved one regularly used talcum powder and developed cancer that you believe was caused by talc exposure, you may be able to recover damages for the losses that resulted from your illness. These may include medical bills, lost income, pain and suffering, and more.

    You have a legal right to seek the compensation you deserve on behalf of yourself or your family. To connect with a talcum powder lawyer in our network and learn more about filling a talc lawsuit, fill out our contact form today. 

  • How Long Does A Mesothelioma Settlement Take?

    How Long Does A Mesothelioma Settlement Take?

    When will Mesothelioma Settlement happen

    Were you or a loved one diagnosed with mesothelioma because of asbestos exposure? If so, you may be entitled to financial compensation. Mesothelioma cases are complicated. Each case, its claim eligibility, and compensation amounts are unique. Several factors determine when a case may be settled.

    This guide will provide you with details about mesothelioma, how the lawsuits work, who is eligible, and more. Certain information (such as statutes of limitations) may be repeated in multiple sections. This exists to give you the option of going right to your points of interest in this guide.

    How Much Compensation Can You Get for Mesothelioma?

    Mesothelioma compensation amounts vary. An out-of-court settlement ranges from $1 million to $1.5 million. If a case goes to trial, there is a possibility of a defense verdict. In that case, the victim would receive nothing.

    For successful trial verdicts, mesothelioma cases have averaged $5 million to $11.4 million. The advantage of a settlement over a trial verdict is a guaranteed payout. Trials are also expensive and can take years to reach a trial date. A settlement may be reached in a matter of months. In most circumstances, settlement compensation is not subject to federal taxes.

    How Long Will It Take to Get Compensation in a Mesothelioma Case?

    Every case is unique. However, some mesothelioma cases receive financial compensation in 90 days. On average, lawsuits are resolved in 12 months from the beginning of the lawsuit until the payment is received.  

    Most mesothelioma cases settle out of court. This happens when the lawsuit’s defendant, the company that manufactured its asbestos products, offers to pay the plaintiff a settlement to avoid going to trial and possibly losing more money.

    Several factors affect how long it takes to receive a mesothelioma payout. Some of those factors include:

    • If the defendant settles the lawsuit
    • Where the lawsuit is filed. Some states and jurisdictions are faster than others. Some locations bring mesothelioma cases in 12 months.
    • If there is a trial date. Some companies will not consider a settlement until a trial date is near.

    An attorney specializing in asbestos-related mesothelioma cases may be able to help you receive a compensation package. By negotiating with the defendant’s legal time and properly filing the associated paperwork with a lawsuit, a resolution might be faster.

    Another option for a quicker settlement is through asbestos trust funds. A mesothelioma lawyer can assist you in obtaining your settlement from an asbestos trust fund. Asbestos-based product manufacturers established trust funds to compensate mesothelioma victims and their families.

    Types of Mesothelioma Compensation

    There are various kinds of mesothelioma compensation. Your case’s unique circumstances and eligibility will affect which kind you may qualify for.

    Asbestos Trust Funds

    A company that manufactured asbestos-based products may have filed for bankruptcy. Once the company is under Chapter 11 protection, it may have created a trust fund to compensate asbestos victims. These funds, called “mesothelioma trust funds,” are intended to give payouts to future victims of asbestos-related mesothelioma.

    Understanding Mesothelioma trust funds:

    • During the bankruptcy process, money is set aside in trust funds to compensate victims of asbestos-related mesothelioma.
    • These victims may be able to draw from multiple trust funds.
    • Mesothelioma is not the only disease for these trust funds. People with various asbestos-related diseases may be eligible.

    An attorney who understands the asbestos trust fund process can manage your case by conducting a thorough investigation. Gathering evidence and proving your cancer was a direct result of asbestos exposure can make establishing your eligibility easier to do.

    Who May Claim a Settlement from an Asbestos Trust Fund?

    If you or a loved one was diagnosed with mesothelioma after asbestos exposure, you likely qualify to file a claim. Victims suffering from other asbestos-related diseases may also be eligible.

    Eligible parties include:

    • Workers who suffered asbestos exposure as part of their jobs
    • Workers using products containing asbestos
    • Workers’ family members who suffered secondhand asbestos exposure
    • People exposed to asbestos in the environment
    • Family members surviving the loss of a loved one due to asbestos exposure

    Mesothelioma Trust Fund Compensation

    Mesothelioma case settlements from trust funds have a wide range. Generally, the payouts start at $7,000, with $1.2 million as the ceiling. The average payout is $180,000.

    A Mealey’s Asbestos Bankruptcy Report published in 2016 stated trust fund settlements were often $100,000 or more in the six figures (Page 3).

    Several factors influence the amount of compensation from a trust fund:

    • What kind of disease did the asbestos victims receive?
    • What is the compensation payout schedule established by the trust fund?
    • What is the trust fund’s set percentage per payout?

    A trust fund’s compensation is based on a set “schedule.” Factors influencing this schedule include the compensation the company paid to plaintiffs before filing for bankruptcy.

    Types of Mesothelioma Lawsuits

    If you or someone you love is suffering from an asbestos-related disease, filing a lawsuit may provide your family with needed compensation. There are different kinds of mesothelioma lawsuit options. Which one you may choose to file will depend on several factors.

    Personal Injury Lawsuit in an Asbestos Mesothelioma Case

    Someone suffering from asbestos-related mesothelioma may file a claim against the company that caused their asbestos exposure. Asbestos liability usually comes from a company failing to warn consumers or workers that breathing in the toxins from asbestos is dangerous. A successful lawsuit means the plaintiff is compensated for damages stemming from their disease.

    Wrongful Death Lawsuits for Asbestos-Related Illnesses

    If a loved one died from an asbestos-related disease, the surviving family may file a lawsuit to seek compensation for medical bills, funeral expenses, and loss of income after losing a family member.

    Related to this, if a person files a claim against a company for their asbestos-related disease and then dies, the surviving family can then continue the lawsuit. The compensation awarded in these cases goes to the deceased’s estate.

    Settlements

    A mesothelioma settlement legally binds an asbestos defendant and plaintiff. Settlement discussions may occur before, during, or after a lawsuit reaches the court for a trial. Companies often offer to discuss a settlement for the trial date.

    Choosing whether to accept a settlement can be a complicated process. A product liability lawyer can help you by explaining how the settlement process works in detail.

    Who Is Eligible for Compensation from Asbestos Exposure?

    There are certain requirements to be eligible for an asbestos settlement. The victims seeking compensation must prove asbestos exposure directly caused their disease. This asbestos exposure must be linked to the company’s products they have used before. Based on certain factors, some asbestos victims have claims against multiple companies.

    The factors determining a victim’s eligibility for trust fund compensation include:

    • Medical support documenting the diagnosis: Mesothelioma or another asbestos-related disease should be established as the victim’s primary cancer. A board-certified physician needs to sign the report that describes the cancer cells and tissue. The pathology report should include X-rays, blood work, MRIs, CT scans, and other documentation to support a mesothelioma diagnosis.
    • Establish asbestos exposure: You must prove your disease is a direct result of asbestos exposure from the products of the company or companies you are filing a suit against. Mesothelioma can be latent for years, meaning proving this connection may be challenging. A mesothelioma lawyer can conduct a thorough investigation to obtain needed documentation supporting your case.
    • Filing your case before your state’s statute of limitations runs out: An asbestos lawsuit must be filed within the legally established time frame. This statute is generally one to three years from the initial diagnosis in most cases. When filing a wrongful death lawsuit, this window starts at the time of death. You can ask an attorney in your area to confirm how much time you have left to file.

    Are Family Members Eligible for Compensation?

    If a loved one has died from an asbestos-related disease, you may wonder if your family can file a lawsuit. Yes, surviving family members can file a wrongful death lawsuit if they meet certain criteria. However, not every estate will receive a settlement from a trust fund or other suit.

    The three main factors for filing a mesothelioma wrongful death suit are:

    The Case Was Not a Previously Paid Settlement

    Companies are required to compensate the victim of asbestos exposure only once. If a person receives compensation while alive and then succumbs to their illness, the victim’s surviving family cannot hold the company liable.

    A family may be able to file a wrongful death suit against other liable companies not involved in the original settlement. Consult a mesothelioma attorney to find out what your options are.

    What Is Your Relationship to the Victim?

    In most cases, the victim’s spouse, immediate family, or surviving dependents are the only family members who can file a wrongful death action. Because wrongful death beneficiaries vary in states, your eligibility may be different.

    Certain states allow a parent of the deceased asbestos-related mesothelioma victim to file a lawsuit. If the victim was financially supporting a person before their death, the recipient may be able to file a lawsuit in some states.

    What Is Your Statute of Limitations?

    In most cases, an alleged victim has a time limit for bringing a claim against an individual or entity. This deadline is called a “statute of limitations.” The estate of an asbestos-related mesothelioma victim has from one to three years to file a claim. However, these limits are different depending on the state. Sometimes, a product liability lawyer who understands the law in detail can file a suit in a state that has a longer deadline.

    Learn About Your Mesothelioma Compensation Options

    It is good to understand what factors affect mesothelioma payouts. The amount of the award you receive depends (but is not limited to) the following:

    • The kind of asbestos claim you are filing
    • Where did you file your asbestos-related mesothelioma claim (venue or location)?
    • What is your job history?
    • Did you serve in the military?
    • Where were you exposed to asbestos?
    • What kind of asbestos were you exposed to?
    • How much asbestos were you exposed to?

    How to File for Compensation for Mesothelioma

    Filing a mesothelioma claim is often complicated. Many laypeople do not understand the details or complexities of the law. An asbestos lawyer can help you file your lawsuit. Your attorney can give you a realistic expectation of what your settlement may be if your case is successful. A good lawyer can also answer your questions about the settlement process.

    While the details may vary, the steps for filing a mesothelioma lawsuit are determining eligibility, establishing the type of claim, submitting the required documents, and waiting for your claim to be reviewed.

    Know Your Eligibility Requirements

    Because your eligibility depends on your case type, you may be held to different requirements. Generally, eligibility comes down to proving your asbestos exposure. You will then need an asbestos-related diagnosis. You will also need to file your claim before your state’s statute of limitations runs out.

    Consult a Mesothelioma Lawsuit Attorney’s Office Today

    As reported earlier in this guide, when asbestos-related mesothelioma victims receive their settlements can vary, although some receive theirs within 90 days. Several factors may impact the timeline of your compensation, so it’s important to keep this in mind. State laws, the number of asbestos manufacturers named in your claim, and certain regulations can influence a lawsuit. Many settlement negotiations can be hurried along with a skillful attorney.

    Our network of lawyers helps victims who suffered injuries from defective consumer products, related materials, medications, or medical products. We connect victims with attorneys who can help them seek legal resolution. If you are interested in working with an attorney on your asbestos-related mesothelioma case, fill out the contact form today.

  • Mesothelioma Lawsuit After Death: What You Need to Know

    Mesothelioma Lawsuit After Death: What You Need to Know

    Mesothelioma Lawsuit After Death: What You Need to Know

    If your loved one passed away after developing mesothelioma, a form of cancer caused by asbestos exposure, you may qualify to pursue compensation through a wrongful death claim or lawsuit. An attorney can build a case to show how your loved one’s death by mesothelioma entitles their surviving family, including you, to compensation for damages. 

    Can You Claim for Asbestosis After Death?

    Yes. If your loved one passed away from mesothelioma after being exposed to asbestos, you or another qualifying family member (e.g., a spouse, child, or parent in many cases) can file a wrongful death claim to pursue compensation for damages.

    You can work with a mesothelioma lawsuit attorney to identify the liable party in your case. For example, in cases where individuals were exposed to asbestos in their work environment, the individual’s employer may be held liable for their wrongful death. Alternatively, Johnson & Johnson, a pharmaceutical company, is currently facing thousands of lawsuits for its talc-based products containing asbestos. These products were recalled in 2019, according to The New York Times.

    What Is a Wrongful Death Lawsuit?

    A wrongful death lawsuit is a type of civil action filed by surviving family members or an estate representative of a deceased party. Plaintiffs file these cases on behalf of the deceased party, who passed away as a result of an accident or other negligent actions of the liable party.

    What Kind of Damages Can a Plaintiff Pursue in a Wrongful Death Case?

    Plaintiffs pursue compensation on behalf of the deceased individual—arguing that the victim would have pursued these awards had they survived—and compensation for other losses that the surviving family suffered. These damages may include:

    • Funeral expenses
    • Pain and suffering
    • Loss of financial support
    • Loss of consortium
    • Medical debts
    • Loss of parental guidance, love, and affection

    Your case may involve pursuing compensation for several other damages, which your attorney can discuss with you in a future consultation.

    Wrongful Death Settlements for Mesothelioma

    Some recent settlements and verdicts for mesothelioma-related wrongful death cases include:

    • $5.6 million verdict in Eileen Riebel et. al. v. BP Amoco and United States Steel et al.: In December 2021, Eileen Riebel and the surviving family of Fred Riebel won a $5.6 million verdict in compensatory damages. Riebel passed away after working as an insulating contractor in Chicago and other orthern Illinois cities, which led to his exposure to asbestos and subsequent mesothelioma.
    • $81.5 million verdict in Gerri Coogan et al. V. Genuine Parts Co. et al.: The Coogan family was awarded $81.5 million for compensatory damages after appealing their case in July 2021. They filed on behalf of Jerry “Doy” Coogan, who developed mesothelioma after working with asbestos-containing brake pads and other vehicle parts while employed by Genuine Parts Company.
    • $14 million verdict in Paula Font, et al. v. Union Carbide Corp.: In May 2021, Paula Font was awarded $14 million in compensatory damages for the death of her father, Luis Torres, who was exposed to asbestos supplied by Union Carbide for a Georgia-Pacific LLC joint compound product.

    File a Mesothelioma Claim

    If you would like to file a mesothelioma claim, you can work with a wrongful death lawyer, who can:

    • Investigate how your loved one may have been exposed to asbestos in their work environment or through defective product use
    • Collect evidence to support your claims on how the decedent was exposed to asbestos and how that exposure led to their mesothelioma diagnosis
    • Negotiate with the defendant to reach a settlement deal based on your current and future damages
    • Make statements on your behalf whenever inquiring parties reach out to you
    • Appear in legal meetings or court hearings to present your case
    • Provide legal counsel whenever you have difficulty making legal decisions

    Our team can direct you to an attorney in your state after going over your case details in a free consultation.

    Who Can File a Wrongful Death Lawsuit?

    In most states, the following parties may file a wrongful death lawsuit on behalf of the deceased individual:

    • The surviving spouse
    • The surviving parent
    • The surviving child
    • A personal representative of the deceased individual or their estate

    In some states, other qualifying individuals may include surviving siblings, aunts or uncles, grandparents, and different forms of legal guardians (e.g., adoptive parents). You can consult with an attorney in your state to see if you qualify to bring a wrongful death action for a mesothelioma lawsuit after death.

    Why File a Wrongful Death Claim for Mesothelioma?

    If you and your family are struggling to cope with the financial aftermath of your loved one’s death, you may be able to file a wrongful death claim to recover compensation and bring some financial relief.

    While these claims cannot bring back missed loved ones, they serve a practical purpose in helping surviving families meet the immediate monetary demands of arranging a funeral service, paying off medical debts, and covering immediate bills while grieving. Still, if you decide to work with a mesothelioma lawsuit lawyer in your state, they can handle your case while you grieve with family members privately.

    Learn About Your Mesothelioma Compensation Options

    If you would like to pursue compensation after losing your loved one to mesothelioma, you may have the following options:

    • File an insurance claim: Some plaintiffs choose to file a claim with their deceased loved one’s employer’s insurance. This can apply to workers’ compensation cases, as surviving family members can pursue workers’ compensation benefits to recover lost wages if their loved one passed away from work-related mesothelioma.
    • File a wrongful death lawsuit: However, if a party unrelated to your loved one’s employer caused their death, you may be able to hold them accountable for negligence in a wrongful death lawsuit. This process involves going to trial and presenting your case in front of a judge and jury to receive a verdict. In some cases, an attorney may still be able to negotiate an out-of-court settlement and avoid trial.

    Awards for Wrongful Death Claims

    If you decide to pursue a mesothelioma lawsuit after your loved one’s death, you may be able to recover the following damages:

    • Medical expenses: You can demand compensation for medical debts your loved one left behind, such as for treatment they received up until their moment of death.
    • Income loss: If your loved one contributed to the financial support for the family unit, you may have grounds to recover lost wages as well as future income loss now that your loved one is no longer around to work.
    • Pain and suffering: If your loved one received treatment until their death, your attorney can calculate pain and suffering damages to reflect the distress your loved one and family went through.
    • Funeral expenses: You may also be able to recover compensation to cover the costs of arranging your loved one’s funeral service, as well as costs to bury or cremate their remains.
    • Emotional losses: Losing someone in the family can be traumatic and overwhelming. Your attorney can establish how much compensation fairly reflects the emotional distress you and the surviving family have experienced since losing your loved one. This may include depression, anxiety, grief, and even psychological trauma.

    Wrongful death awards are unique to each plaintiff, so you may qualify for other damages not listed here, such as any domestic expenses you had to pay for to accommodate your loved one while they were getting treated (e.g., childcare or homecare services).

    Challenges of Filing a Mesothelioma Wrongful Death Claim

    You may face the following challenges when filing your mesothelioma wrongful death lawsuit:

    Statutes of Limitation

    Plaintiffs must file their wrongful death lawsuits within their state’s statute of limitations. This law dictates how much time a plaintiff has to submit their lawsuit with their state’s court to pursue compensation. Failure to comply with this deadline can bar the plaintiff from being able to pursue compensation from the defendant, who would be absolved from liability.

    The statute of limitations is not a national law, so you must check your state’s legislature to determine how much time you have left to submit your case. For example, in Louisiana, CC Art. 2315.1 gives plaintiffs only one year from the victim’s death to file a wrongful death claim on their behalf. However, in South Carolina, S.C. Ann. § 15-3-530, allows a three-year period for plaintiffs to file.

    Proving Work and Asbestos-Exposure History

    If you are filing a wrongful death claim because your loved one was exposed to asbestos in their working environment and developed mesothelioma as a result, you will have to collect evidence that proves your loved one was exposed to asbestos at work. This can be a major obstacle if your loved one held several jobs or there is little evidence of where they could have been exposed to asbestos.

    If possible, try to record your loved one’s entire work history so that your attorney may investigate these environments or consult former employers about potential conditions. Also, keep in mind that secondhand exposure to asbestos can affect individuals. So, if you had asbestos exposure in your work history, you should also mention this to your attorney.

    Witness Testimony

    In your efforts to prove how asbestos exposure might have occurred in the work environment, you may have to reach out to former coworkers to provide testimony about these conditions. However, in work environments where employees worked on temporary contracts (e.g., construction work) or might have changed their contact information after several years passed, it may be difficult to collect these testimonies.

    If you know anyone who may be able to testify how you or your loved one was in contact with asbestos, relay this information to your lawyer.

    Can Personal Injury Claims Become Wrongful Death Claims?

    Personal injury claims and wrongful death claims are separate legal actions. Personal injury claims are filed by plaintiffs who suffered injuries and damages in an accident or some other harmful event (e.g., using a defective product that causes illness). However, wrongful death claims and related survival actions are filed by the victim’s surviving family or estate representative.

    In this sense, a personal injury claim cannot “become” a wrongful death claim, as these actions involve separate types of plaintiffs. Still, the surviving family may file a survival action on behalf of the deceased party to seek damages that they would have pursued had they survived their injuries or illness.

    Many Personal Injury Attorneys Also Handle Wrongful Death Cases

    Does this mean that if your loved one passes away before settling their personal injury case, all the work for their claim becomes moot? No. In many cases, a personal injury attorney can work with the surviving family to determine:

    • Who qualifies to file a wrongful death action on behalf of the decedent (the deceased individual)
    • Whether the new plaintiff qualifies to claim survival losses, such as loss of financial support from the decedent and medical expenses up until the moment of death
    • How much time the state allows the surviving plaintiff to file their claim

    The attorney will then use all evidence found during the discovery period to support the wrongful death claim. This evidence can still support how the victim developed mesothelioma, whether their diagnosis correlates with talcum-powder product use or their work environment, and who is liable for the victim’s and surviving family’s damages.

    Consult a Law Firm About a Mesothelioma Lawsuit Today

    If you or your loved one developed mesothelioma after using a Johnson & Johnson talcum powder product or being exposed to asbestos at work, you may qualify to file a lawsuit. Surviving families of those who passed away from mesothelioma may also qualify to file a wrongful death lawsuit to pursue compensation for their loved one’s damages.

    We can direct you to a mass tort lawyer in our network who can represent you in your state. Fill out our online contact form to receive a free consultation, and we’ll have a law firm reach out to explain your next steps. Many law firms work on a contingency-fee basis, so do not hesitate to call today.

  • J&J knew For Decades That Asbestos Lurked in Its Baby Powder

    J&J knew For Decades That Asbestos Lurked in Its Baby Powder

    J&J knew for decades that asbestos lurked in its Baby Powder

    Johnson&Johnson claims that their baby powder is safe. Yet three different tests were conducted by 3 different labs. These tests were conducted between 1972-1975. Each test did find traces of asbestos in the talc. This proves that Johnson&Johnson did know about the contamination. This is the basis of the Johnson&Johnson talc powder lawsuit.

    Small amounts of asbestos were found in the company’s raw talc and finished powders. This was between 1971 to the early 2000s. Documents obtained by Reuters showed that Johnson&Johnson influenced U.S regulators’ plans to limit asbestos in cosmetic talc products. Some of these documents appeared during the trial.

    Earliest Traces of Asbestos in Johnson&Johnson Talc Baby Powder

    Traces of asbestos was found in their baby powder earlier than 1971. A lab reported that Johnson&Johnson’s baby powder was tainted in 1957 and 1958. Then traces were found at different times throughout the years. These traces were found by the company’s own scientists and outside labs.

    The FDA in 1976 wanted to weigh the limits on asbestos in cosmetic talc products. Johnson&Johnson assured that there were no traces of asbestos in their baby powder. They didn’t mention the lab results that did find traces. The company failed to mention that only a fraction of their talc is tested.

    There is no safe exposure to asbestos according to the World Health Organization. Not everyone who is exposed to asbestos will develop cancer. Some do end up getting it later on after they were exposed. One lab found traces of asbestos in Johnson&Johnson’s Shower to Shower product.

    Where does Talc in Baby Powder Come From

    Talc in baby powder sold in the U.S comes from China since 2003. The supplier is Imerys and is a co-defendant in the talc litigation. Imerys claims that the talc-based powder is safe. The company states that the talc has been tested. According to them, the powder shows no asbestos.

    Over the years Johnson&Johnson looked for different sources of talc that contained no asbestos. In the late 50s, the company found out that their source of talc at the time did contain asbestos. Their source at the time came from Italy. Then in the 60s, their talc source came from Vermont.

    But even that source became contaminated. In the 70s the company used 20,000 tons of talc from Vermont per year. Johnson&Johnson tried to convince the FDA that talc-based powder with 1% asbestos was tolerable. They started omitting tests that did find contamination in their powder.

    Johnson&Johnson to Pay $4.7 Billion in Damages in Talc Baby Powder Case

    In 2018 Johnson&Johnson was ordered to pay $4.7 billion in damages. Twenty-two women claim that the baby powder contributed to their ovarian cancer. A Missouri jury originally awarded the women $550 million in damages. The jury added $4.1 billion in punitive damages.

    Six of the twenty-two women have died from ovarian cancer. The mass tort lawsuit lawyers representing the women claim that the company knew about asbestos in the powder since the 70s. The company denies this.

    The FDA did a study of different talc samples. One of the samples was from Johnson&Johnson. The study found no traces of asbestos. However, the prosecutor claims that the testing methods of this study were flawed.

    Johnson & Johnson Stops Selling Talc-Based Baby Powder In U.S. And Canada

    In 2020 Johnson&Johnson stopped selling talc-based baby powder. But it was only in the U.S and Canada. The talc-based baby powder continued to be sold in other countries. Johnson&Johnson stated that the demand was higher around the world.

    They did not contribute to the decline in sales to the lawsuits. Johnson&Johnson says the decline in sales is due to a change in consumer habits. They say that there’s misinformation being spread about the product. Johnson&Johnson would not admit that the talc-based powder contributed to health problems.

    In 2018 Johnson&Johnson was ordered to pay $4.7 billion to 22 women. The women claim the talc-based powder contributed to their ovarian cancer. A woman from California was awarded $29 million. Over 16,000 talc-related lawsuits were filed. A lawsuit was also filed against the company for its painkillers.

    Johnson and Johnson Face Push to Ban Global Baby Powder Sales

    Johnson&Johnson’s talc-based powder products are no longer sold in the U.S and Canada. However, that was not the case worldwide. The company faces a shareholder vote to stop the global sales of talc-based baby powder. A London-based investment platform proposed the halt.

    The proposal was submitted to the U.S Securities and Exchange Committee. Lawyers for J&J wrote to the SEC asking that the shareholder proposal be ineligible. The company claimed that it would affect pending talc baby powder lawsuits.

    Supreme Court rejects Johnson & Johnson’s appeal of $2 billion penalties in baby powder cancer case

    In 2021 the supreme court rejected Johnson&Johnson’s appeal. The company wanted to undo the $2.1 billion damages award. The Missouri supreme court upheld the lawsuit in 2020. However, a state appeals court reduced the amount from $4 billion.

    Kenn Starr is the lawyer representing the women with ovarian cancer who sued the company. Kenn Starr argued that the company could have used cornstarch instead of talc. They didn’t because they didn’t want to sacrifice profits. Kenn Starr asked the court to not review the case.

    Johnson&Johnson presented a different argument. They stated that comprehensive studies have been done. These studies found no link between using talc cosmetically and ovarian cancer. Johnson&Johnson claims that the talc-based powder is safe to use.

    J&J is using a bankruptcy maneuver to block lawsuits over baby powder cancer claims

    In October of 2021, Johnson&Johnson used a controversial bankruptcy maneuver to block lawsuits filed against them. They created a new company called LTL. After that, they dumped all the lawsuits filed against them into the new company. They used a Texas state law to pull this off.

    Then their company LTL filed for bankruptcy in a Charlotte, North Carolina federal court. Now Johnson&Johnson claims they don’t have liability anymore. This means that the company LTL is responsible now. Consumers can’t hold Johnson&Johnson responsible.

    Johnson&Johnson claim this move was legitimate. Bankruptcy courts will handle this case from now on. Critics claim that this is a growing trend among companies and wealthy individuals. They file bankruptcy to block lawsuits.

    Judge Temporarily Halts Lawsuits Against Johnson&Johnson

    In November of 2021, a federal bankruptcy judge in North Carolina temporarily halted the Johnson&Johnson lawsuits. The lawsuit was delayed for only 60 days. The judge did state that the case should be heard in New Jersey.Johnson&Johnson’s headquarters are in New Jersey.

    The company wanted the case reviewed first. That’s why they wanted the lawsuits to be frozen. But this case review process could take years. The senate judiciary committee urged the company to drop this bankruptcy maneuver.

    The judge presiding over the case sent it to New Jersey. The 60-day delay allows the new judge in New Jersey to catch up on the case.

    Johnson&Johnson Baby Powder Lawsuits on Hold For Now

    Individual states in the United States are also part of the lawsuit against Johnson&Johnson. In December 2021 the company argued that the lawsuit filed by Mississippi should be dismissed. The supreme court rejected this argument. Not putting a warning label on the baby powder is against state law.

    February is when a federal bankruptcy court will make a decision about Johnson&Johnson’s bankruptcy maneuver. The decision will come at the end of the month. There are currently 38,000 baby powder lawsuits filed against the company.

    Johnson&Johnson’s Secret Plan to Cap Litigation Payouts to Cancer Victims

    The controversial bankruptcy maneuver Johson&Johnson did was planned ahead of time. They planned this last year in 2021. They called it Project Plato. Johnson&Johnson assigned 30 staffers to this project. Reuters got their hands on a memo from the company last year about this project.

    A lawyer from the company warned Johnson&Johnson staff not to tell anyone. Not even their spouses. It was a covert operation to shift the 38,000 pending talc cases to the newly formed LTL company. Their goal was to have plaintiffs compete for compensation from a limited supply of money.

    While Johnson&Johnson was fighting this litigation in the courts, behind closed doors they were plotting. They were planning this maneuver since April of 2021. The company never wanted these talc cases to reach a jury. Their goal was for this to play out in bankruptcy court.

    Johnson&Johnson’s Bankruptcy Strategy

    Johnson&Johnson put their plan into action starting in October of 2021. Documents obtained by Reuters go into detail about their bankruptcy strategy. Before filing for bankruptcy the company was facing $3.5 billion in verdicts and settlements. Now their plan is to give their new company LTL $2 billion for the settlements.

    Johnson&Johnson defends this bankruptcy maneuver as legitimate. They still stand by their talc-based baby powder. They still claim it’s safe to use and has no asbestos. A lawyer for the LTL company appeared in bankruptcy court. The lawyer criticized the plaintiff’s attorneys for handing over the documents to Reuters.

    Lawyers for Johnson&Johnson even tried to get a restraining order. They wanted a restraining order so that Reuters couldn’t publish the documents to the public. Reuters broke the news in July of 2021. Then later on a lawyer for the company called this news unsubstantiated rumours.

    Is Johnson&Johnson Free From Liability

    Johnson&Johnson isn’t the first company to pull a maneuver like this. The bankruptcy maneuver pulled by J&J is just one tactic companies can use to limit liability.  Usually, companies will file bankruptcy under their own name. J&J took it a step further. They created a company for the sole purpose of filing bankruptcy.

    The company Purdue Pharma LP filed for bankruptcy. They did this at a time when lawsuits were being filed against them. People allege that the company contributed to the opioid crisis. However, a New York U.S district judge invalidated it. The bankruptcy system wasn’t meant to protect wealthy companies from wrongdoing.

    The goal of filing bankruptcy is to help struggling companies restructure.  The U.S Congress wants to do something about it. A U.S senator from Illinois is co-sponsoring legislation that would ban the tactic J&J pulled. It would restrict to where they have to file bankruptcy themselves. Not under another company.

    Johnson&Johnson Wasn’t the Only Company to Face Talc Powder Lawsuits

    Target, Walmart, CVS, and Walgreen all faced talc powder lawsuits. Manufacturers and distributors were named in lawsuits. One lawsuit happened in May 2021. A talc supplier lost a lawsuit against a school bus driver. The retired bus driver used Old Spice powder. Then, later on, was diagnosed with a rare form of cancer.

    In that case, the jury awarded the plaintiff $4.8 million. The asbestos-contaminated powder was the cause of cancer in the case. That powder was used in the Old Spice product. It wasn’t just baby powder that contained talc. Gold Bond Body Powder and Gold Bond Extra Strength Body Powder were contaminated.

    Colgate-Palmolive was named in lawsuits too. It was for their brand Cashmere Bouquet. Some of the suppliers named in lawsuits are Vanderbilt Minerals, and Whittaker, Clark & Daniels.

    Talk to a Lawyer

    When it comes to the Johnson&Johnson talc powder lawsuits women who used the powder daily and developed cancer from it are eligible to file a claim. If you used talc-based powder and developed mesothelioma you might be eligible for a claim too.

    The statute of limitations on cases like this varies from state to state. It can be anywhere from 2 to 10 years. If you developed ovarian cancer after using talc-based powder talk to a Johnson & Johnson lawsuit lawyer about your claim. Fill out this form to contact a lawyer.

  • 3M Lawsuits: Largest Verdict Yet in Defective Earplugs Case Awards $110 Million 

    3M Lawsuits: Largest Verdict Yet in Defective Earplugs Case Awards $110 Million 

    3M Lawsuits: Largest Verdict Yet in Defective Earplugs Case Awards $110 Million 

    The largest award yet granted in the defective military earplugs mass tort instructs 3M Company (3M) to pay $110 million in damages to two plaintiffs. U.S. Army veterans William Wayman and Ronald Sloan each received $15 million for personal losses and $40 million in punitive damages. The latter is intended to punish the defendants for especially egregious wrongdoing toward service members. 

    Hundreds of thousands of lawsuits have been brought for defective earplugs cases, which alleged that 3M’s defective dual-sided Combat Arms earplugs caused hearing loss and other ear damage to service members. 3M is scheduled to face five additional trials in 2022. 

    What to Know About the 3M Combat Arms Earplugs Lawsuits

    3M’s Combat Arms military earplugs were issued to American military personnel between 2003 and 2015. 

    While the dual-sided design was intended to allow service members the option to choose between two levels of sound protection-one that would cancel noise and one that would allow soldiers to hear communication from personnel-this design contained a significant defect. One side of the earplug was too short to be inserted correctly into the ear, leading to the earplug shifting in the ear canal and ear damage.  

    3M Settled with the DOJ Over Defective Earplugs 

    Investigation and litigation against 3M have been in process for years. In 2018, the company agreed to a $9.1 million settlement with the U.S. Department of Justice (DOJ) for knowingly selling defective earplugs to the government (per Reuters). 

    In this case, the DOJ claimed 3M violated the False Claims Act by selling earplugs that were known to be defective and that the company did not disclose these defects. Additionally, the DOJ argued that 3M failed to warn service members of the risks of use related to the product.

    Veterans File 3M Earplugs Lawsuits After DOJ Settlement

    Since the 2018 case, hundreds of thousands of service members have filed product liability lawsuits against 3M. These lawsuits were largely consolidated into a multidistrict litigation (MDL) action in Northern Florida, known as MDL No. 2885 (per the United States District Court, Northern District of Florida). This MDL is widely acknowledged as the largest mass tort to be tried in federal courts in U.S. history. 

    Multidistrict Litigation Action Brings Resolution for Many Plaintiffs

    The current mass tort against 3M has led to six trial verdicts for plaintiffs, resulting in over $160 million in damages. These settlement amounts ranged based on several factors involved in these cases. 

    The previous settlement for U.S. Army veteran Theodore Finley represented the largest verdict for plaintiffs in the 3M mass torts as of 2021. In December of that year, the jury awarded Finley $7.5 million for personal losses and $15 million for punitive damages (per Bloomberg Law). In another verdict from 2021, U.S. Army Sergeant Guillermo Camarillorazo was awarded $800,000 in damages for personal losses along with $12.25 million in punitive damages (per Reuters). 

    The settlements in these cases vary partly based on the nature of MDLs. Multidistrict litigation actions are distinct from class action lawsuits. MDL cases allow for unique awards based on the damages and evidence involved in each case. While consolidation of the 3M lawsuits through the MDL allows the courts to manage the high volume of cases more efficiently, it also allows plaintiffs to maintain the distinctness of their lawsuits against 3M. 

    Service Members Can Receive Compensation for Hearing Loss or Ear Damage

    If you were injured after using a set of defective dual-sided Combat Arms earplugs, you could seek compensation. You might be able to file a lawsuit against 3M and join the current MDL or file a separate lawsuit. 

    You may be able to recover compensation for several costs and losses associated with hearing loss, ear damage, tinnitus, or a related diagnosis. Recoverable compensation could include:

    • Medical bills
    • Lost wages
    • Reduced earning capacity
    • Mental anguish
    • Pain and suffering

    If you would like legal help, a case review can help you learn about your options. Fill out a contact form online to connect with someone in our network of mass tort lawsuit lawyers. 

  • What You Need to Know About Paraquat and Parkinson’s Disease

    What You Need to Know About Paraquat and Parkinson’s Disease

    What You Need to Know About Paraquat and Parkinson's Disease

    If you were exposed to paraquat, you might have an increased risk of developing Parkinson’s disease. If you or someone you love suffered from prolonged paraquat exposure, our network of mass tort lawsuit attorneys will explain what you need to know about paraquat and Parkinson’s Disease, the potential threat to your health, and your right to seek compensation.

    Men and women who have been diagnosed with this debilitating disease after exposure to paraquat are fighting to recover damages for their medical care, lost wages, and physical and emotional pain and suffering. Our lawyers will review your case, collect evidence to prove your use of paraquat, and establish its connection to your or your loved one’s diagnosis. We will also assess your recoverable damages, assign a value to your case, and explain the compensation process and potential timeline.

    What Is Parkinson’s Disease?

    Researchers at Johns Hopkins Medicine define Parkinson’s disease as a nerve-damaging disorder that attacks an individual’s motor skills, mobility, and muscle control. It typically leaves its sufferers with telltale tremors-particularly noticeable in the hands-and a slow, labored walking ability. The cause of the disease is not always known, but many studies cite a link between paraquat and Parkinson’s.

    Talk to a health care professional immediately if your used paraquat-containing products and notice any of the following symptoms:

    • Tremors and shaking even when resting
    • Inability to move your feet on command
    • Inability to control your facial muscles
    • Poor posture, balance, and sense of smell

    A prompt diagnosis can help you get the treatment you need without delay. 

    The link between product and disease is also giving rise to a number of paraquat lawsuits. These cases are calling for manufacturers of the potential cancer-causing agent to compensate injured users. 

    What Should I Know if I’m Considering a Paraquat Lawsuit?

    Did the development of Parkinson’s due to paraquat change your life? If, like many others, you are contemplating filing or joining a paraquat lawsuit, you are probably also weighing the pros and cons of doing so. Some factors you need to know about seeking compensation include:

    • The types and amounts of damages you are legally entitled to recover
    • The applicable statute of limitations and the risks involved if you miss it
    • The detailed and specialized legal and medical investigations involved
    • The importance of working with a lawyer to support and guide your case

    You should also know you can hire an attorney to fight for your financial recovery at no upfront cost to you. The lawyer who represents you will explain the benefits of a contingency fee agreement and their willingness to represent you without adding another financial burden to an already stressful situation.

    Why File a Paraquat Lawsuit?

    Lawsuits against the makers of herbicides containing paraquat allege that these companies were aware, or should have been aware, of the risks their products posed to end-users. National Institutes of Health (NIH) researchers cite scientific studies that report a link between paraquat and Parkinson’s. You should join others in filing a paraquat lawsuit for compensation, if:

    • You were diagnosed with Parkinson’s after exposure.
    • A loved one used paraquat and did not survive Parkinson’s.

    When you file your lawsuit, you also protect people who might use the product in the future. By calling attention to the danger of exposure or contamination, your lawsuit can help put needed protections in place. 

    Compensation for Injuries

    Parkinson’s disease is progressive and will continue to worsen over time. It is also incurable, and you will live it and cope with its incapacitating symptoms for the rest of your life. By filing your lawsuit, you could recover the cost of the lifelong care you will need. 

    The lawyer who represents you will calculate the costs of your past, current, and future medical expenses. They will also define your right to seek the following additional damages:

    • Past and future income loss
    • Mental and emotional anguish
    • Ongoing physical pain and suffering
    • Funeral and burial costs, where applicable

    If coming into contact with the toxic chemicals in paraquat damaged your health, the lawyers in our network can help you assign an accurate value to your recoverable damages. Your lawyer will also handle the settlement negotiation process and fight for the best possible outcome.

    Hold Companies Accountable

    When products are sold in the United States, their manufacturers are required to warn consumers about all known risks and side effects associated with their use. People who are suing paraquat manufacturers allege that the company was aware of the threat these products held and failed to provide proper warnings and information.

    By exposing the connection between paraquat and Parkinson’s and the maker’s awareness of the connection, you can hold them responsible for their failure to disclose vital information. You could also hold them accountable for preventing you from making an informed decision.  

    People who filed paraquat lawsuits claim manufacturers have known the weed killer was toxic and could cause Parkinson’s disease for years. Despite this, they continued to sell it and concealed this information from plaintiffs and others. Juries could assign this same accountability and will sometimes award punitive damages-intended to penalize defendants-to injured plaintiffs. 

    Spread Awareness

    Exposure to paraquat is dangerous and can happen in multiple ways, putting many people’s health in jeopardy. Centers for Disease Control and Prevention (CDC) research lists the following  as potential methods of exposure:

    • Swallowing or inhaling
    • Contaminated food or drink
    • Harmful skin exposure

    Because of its widespread and decades-long commercial use, farmers and farmhands, agricultural workers, gardeners, and landscapers are more likely to be exposed. When you hold the manufacturer accountable, you also help these parties protect themselves and their families, and help injured parties consider their own rights to monetary compensation. 

    Who Can File a Paraquat Lawsuit?

    Anyone who was exposed to the herbicide, paraquat, and was later diagnosed with Parkinson’s or suffered other adverse health reactions can file a paraquat lawsuit. You may qualify if you:

    • Work in an industry that requires use of the product
    • Live near farms and grounds regularly treated with it

    If you believe you qualify for compensation from paraquat manufacturers, an attorney can:

    • Review your potential case for free
    • Consult medical experts on your behalf
    • Identify the specific maker you will pursue
    • Assess the financial value of your case
    • Negotiate an appropriate settlement

    You do not have to fight for recovery or navigate the legal process on your own. The lawyer who represents you will build your case, ensure all required legal parameters are met, and advocate for your financial recovery.

    Who Has Filed Paraquat Lawsuits?

    Many of the people who have filed a paraquat lawsuit cite a connection between their use of paraquat herbicides and Parkinson’s disease and other health challenges. Some recently filed cases include:

    • A farmer in Iowa who filed a lawsuit against Syngenta and Chevron USA for failing to warn consumers of the risks of using paraquat
    • An Illinois man who cites his more than decades-long exposure to contaminated water with his development of renal disease
    • A Missouri woman who alleges Syngenta’s paraquat products exposed her and her family to danger via her husband’s work as a certified paraquat applicator

    Some studies cite even ambient, or casual, exposure to paraquat as harmful to human health. As these lawsuits make their way through the court system, others are being formed. You may qualify to start a lawsuit of your own or join an ongoing multi-plaintiff lawsuit.

    Does Paraquat Cause Parkinson’s Disease?

    A study published in the journal Toxicology and Applied Pharmacology reports a link between consumers who were exposed to paraquat and went on to develop Parkinson’s disease. Paraquat is thought to damage the brain’s dopaminergic neurons, the primary sources of dopamine in the central nervous system. 

    The same toxins that make paraquat toxic for plants and weeds make it dangerous for human beings by causing a condition known as oxidative stress. Mayo Clinic research defines oxidative stress as an imbalance or impairment of your cell’s antioxidant capacity. This cell failure can result in disease progression in Parkinson’s patients. 

    How Does Paraquat Exposure Happen?

    Being exposed to paraquat is more difficult today than it once was. Paraquat is an active ingredient in many herbicides and pesticides and has been used for years all over the United States, but Environmental Protection Agency (EPA) guidelines severely restrict the use and handling of these products.

    Prior to putting these recent restrictions in place, people could be exposed to paraquat by:

    • Working in industries that sprayed paraquat, including golf course workers, landscapers, farmers, and groundskeepers 
    • Eating sprayed or contaminated food or by consuming contaminated drinking water
    • Handling paraquat, including mixing or loading it or by transferring it from one container to another

    Exposure can also happen by handling clothing or other objects and equipment used by any of the people above. In addition, you might have been exposed due to environmental factors if you live near farms or golf courses where the product is being used.

    Does Roundup Have Paraquat?

    Like paraquat-containing products, Roundup weedkiller has been in the news for its risk of causing adverse health conditions to consumers who use, handle, or are exposed to it. However, Roundup does not contain paraquat-it’s main ingredient is glyphosate, a known human carcinogen.

    Products that contain glyphosate may pose an even greater risk to consumer health than products like Roundup. According to a study from the University of Washington, exposure can increase the risk of developing cancer by more than 40%. A lawyer from our network could help you join the ongoing Roundup MDL if you were exposed to this chemical rather than paraquat.

    Is Paraquat Banned in the United States?

    To the dismay of many consumers injured by its use and its possible increase in the risk of Parkinson’s disease, kidney disease, and many other negative health outcomes, paraquat has not been banned in the United States. Instead, as of August 2021, EPA guidelines and restrictions include:

    • Use by specially trained and certified product applicators only
    • Restrictive packaging that does not allow transfer to non-original containers
    • Protective storage to prevent access by all unauthorized and unapproved users

    Its storage is also banned in residential areas, home and commercial gardens, parks and schools, and golf courses. In addition, new guidelines require complete and effective warning labels, protective equipment, protective clothing, and safe disposal methods. EPA warnings also include the awareness that a single sip of paraquat can be fatal. 

    Filing a Paraquat Lawsuit for Parkinson’s Disease

    When you are ready to seek compensation for your paraquat-related illness and the financial expenses and losses that stem from it, you can file a paraquat lawsuit. Holding the manufacturers of this harmful product liable is a multi-step, complex process. Without legal assistance, you will need to do the following on your own:

    • Obtain medical and financial records
    • Locate and consult expert witnesses
    • Establish your paraquat exposure
    • Prepare your lawsuit and court filings
    • Meet the relevant statute of limitations
    • Negotiate with the at-fault manufacturer

    If you or someone you love was exposed to paraquat and later diagnosed with Parkinson’s disease, our network of lawyers can help you file or join an ongoing lawsuit. Your legal team’s goal is to ensure you get the compensation you deserve without suffering additional harm. As such, many personal injury law firms operate on contingency, meaning you won’t have to pay anything out of pocket-your attorneys receive payment only when they win your case.

    Choosing a Paraquat Lawyer

    When you are ready to hold paraquat manufacturers accountable for the damages this chemical has caused you, our network of mass tort lawsuit lawyers is ready to help. Find out everything you need to know about paraquat and Parkinson’s Disease and your right to seek financial recovery by calling 800-874-8678

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  • Talc Lawsuits: Congress Begins Hearings on Corporate Abuses of Chapter 11 After J&J Bankruptcy

    Talc Lawsuits: Congress Begins Hearings on Corporate Abuses of Chapter 11 After J&J Bankruptcy

    Congress Begins Hearings on Corporate Abuses of Chapter 11 After J&J Bankruptcy

    The U.S. House Committee on the Judiciary began hearing testimony to consider possible bankruptcy law reforms regarding corporate abuses of Chapter 11. The February 8, 2022, meeting marks the first in a series of hearings following Johnson & Johnson’s bankruptcy filing, which many senators decried as a means of evading responsibility for pending talc litigation. 

    Congressional leaders will consider measures for reform that will protect plaintiffs’ rights to due process. Meanwhile, Johnson & Johnson (J&J) is still receiving standard Chapter 11 protection from litigation as its bankruptcy case proceeds. In the current talc lawsuits, Johnson & Johnson is facing liability for thousands of claims alleging that its baby powder product was contaminated with asbestos and caused cancer. 

    Background on the Johnson & Johnson Talc Lawsuits and Bankruptcy Filing

    As one of the world’s wealthiest corporations, many questioned how Johnson & Johnson could file for bankruptcy. The answer begins with a Texas law known as the “two-step” statute, which grants companies the potential to split into two entities through a complex divisional merger process. When Johnson & Johnson completed this maneuver, it became two companies: J&J and a new entity known as LTL Management. Then, it transferred to LTL its liabilities, over $350 million in assets, and $2 billion in trust for potential talc lawsuit payouts. 

    Two days after executing the divisional merger, LTL Management filed for bankruptcy.

    Johnson & Johnson strategically planned the move throughout 2021, according to a Reuters report. The strategy, referred to internally as Project Pluto, was aimed at helping J&J work out its talc liability through the bankruptcy process-and avoid a jury trial. Many have argued that the strategy strips plaintiffs of their rights to seek damages in the courtroom and may substantially limit their potential for fair financial recovery for their losses. 

    Congressional Committee Reviews Bankruptcy Abuses and Texas Two-Step Law

    The Committee on the Judiciary heard testimony from corporate scholars, bankruptcy experts, and other experts to understand how bankruptcy laws could be reformed to prevent corporate abuses. Additionally, Congress sought to understand how Johnson & Johnson’s divisional merger was used to file for bankruptcy and take advantage of bankruptcy protections. 

    To clarify the intentions of U.S. bankruptcy law, former U.S. Bankruptcy Judge Judith Klaswick Fitzgerald noted that bankruptcy is: 

    • Designed to offer solutions for indebted businesses to stay afloat during financial distress
    • Notintended to be used to protect a non-debtor’s assets “under the guise of a legitimate plan of reorganization” (per the Committee on the Judiciary)

    Fitzgerald then noted several concerns related to a bankruptcy filing following a divisional merger, such as in the J&J case. 

    When a parent company splits and the subsidiary files for bankruptcy, the parent company is not required to make normal bankruptcy disclosures, nor can it face collections related to the debtor company’s bankruptcy. In J&J’s case, this means the larger legacy company responsible for the talc lawsuits, Johnson & Johnson, could be free of liability and evade the bankruptcy process-since it was LTL that filed for bankruptcy. Fitzgerald and other experts at the hearing recommended that reforms could be important for this and related reasons. 

    Senators present at the hearing, including Senator Sheldon Whitehouse (D-Rhode Island) and Senator Mazie Hirono (D-Hawaii), suggested that measures should be taken to prevent bankruptcy filings from offering unfair advantages in the litigation process (Committee on the Judiciary hearing). However, senators are not certain as to how to best enact reforms-whether through the discretion of the U.S. Bankruptcy Courts or by Congressional law restricting the combination of divisional mergers and bankruptcy filings. 

    You Can Still Get Legal Help if Baby Powder Products Harmed You

    Even though talc litigation is currently paused, you could still seek compensation if you were harmed after using a Johnson & Johnson’s baby powder or a dangerous product. Fill out our online form for a consultation from a mass tort lawyer’s team. 

  • Aetna Fertility Treatment Lawsuits: New Class Action Claims Discrimination Against Gay Women

    Aetna Fertility Treatment Lawsuits: New Class Action Claims Discrimination Against Gay Women

    Aetna Fertility Treatment Lawsuits

    Aetna denied insurance coverage to a 40-year-old-gay woman who sought fertility treatment, a class action lawsuit alleges. Tara Kulwicki filed the lawsuit in Connecticut federal court on February 9, 2022. It states that Aetna’s standards for fulfilling fertility treatment claims are different from those for heterosexual women and places a discriminatory financial burden on gay couples.

    Aetna is facing other lawsuits for its failure to offer equal coverage terms for gay women, who must use in vitro fertilization (IVF) or intrauterine insemination (IUI) to become pregnant. Lesbian, gay, bisexual, and transgender people (LGBT) may face other forms of discrimination in the health care system, studies show.

    Aetna’s Insurance Coverage for Fertility Treatment Forces Gay Women to Pay

    In order to be eligible for fertility treatment coverage, Aetna’s policy states the following: 

    • A woman must have unsuccessfully attempted to get pregnant through intercourse for 12 months before filing a claim for coverage. 
    • If a woman cannot show she was unable to conceive through intercourse-as a gay woman cannot-she must pay for fertility treatment for 12 months before insurance coverage kicks in. 

    In the Kulwicki lawsuit, the plaintiff argues the policy discriminates against gay women, who cannot receive coverage for fertility treatment without first paying for one year of therapy. Under the terms of the policy, heterosexual women do not have to pay for the treatment out of pocket.  

    The suit is seeking class action status to represent the interests of other gay women facing similar barriers to insurance coverage for fertility treatment. 

    Aetna Faces Multiple Lawsuits for Discriminatory Policy

    In another related case, Emma Goidel filed a class action lawsuit in a Manhattan federal court alleging that Aetna’s policy discriminates against LGBT people who want to have children (Reuters).

    Goidel stated that she and her partner had to pay $45,000 for fertility treatment before conceiving. The couple paid for four IUI treatments, one IVF treatment, and one final IUI treatment before successfully conceiving-and Aetna would not cover these therapies. In a complaint letter for the case, Goidel’s attorneys call this practice a discriminatory tax on gay couples that violates their protections under the Affordable Care Act (ACA) and other New York laws (Reuters). 

    In the case, Goidel is seeking damages for the cost of fertility treatment along with emotional and physical damages. 

    Other Forms of LGBT Discrimination in Healthcare

    According to the Office of the Assistant Secretary for Planning and Evaluation (ASPE), LGBT people face other challenges in the healthcare system beyond equal access to reproductive technologies. Compared to non-LGBT people, those who identify as LGBT are:

    • More likely to delay seeking medical care
    • Less likely to have a regular medical provider
    • More concerned about their ability to pay for medical care

    The report also notes that LGBT people may be more likely to receive care from providers who are not trained to handle their medical needs with sensitivity. They may also face higher financial burdens from medical care needs unique to LGBT people, such as gender-affirming surgeries or hormone treatment. 

    If you faced discrimination from an insurance company or a healthcare provider, you could get legal help. Fill out our contact form to get a consultation from a mass tort lawsuit lawyer in our network.