Talc Lawsuit

Johnson & Johnson to pay $37.3 million in talc lawsuit

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In early September, the drug giant Johnson & Johnson was ordered to pay out $37.3 million on yet another cancer case relating to the asbestos found in a talc-based baby powder. Louisville residents should know that the four plaintiffs allegedly used the baby powder and developed mesothelioma as a result: a rare, aggressive cancer with few effective treatment options.

Johnson & Johnson has been faced with talc litigation for years now. A recent quarterly filing with the Securities and Exchange Commission found that the corporation is facing 15,500 talc lawsuits in all. In virtually every case, the corporation appealed the decision, and every verdict that has been appealed has been overturned. Johnson & Johnson has pledged to appeal this most recent decision as well.

Company representatives state that they were unable to present crucial information to the jury and that other legal and evidentiary errors were committed during the trial. The company’s entire closing statement was struck because it contained derogatory comments on the plaintiffs’ attorneys.

Representatives say that the baby powder contains no asbestos and that juries in recent times have come to the same conclusion. They state that 40 years’ worth of independent scientific evaluations also back up their claims. Besides talc claims, Johnson & Johnson is facing lawsuits for contributing to the opioid crisis.

Those who are faced with a cancer diagnosis, especially for mesothelioma, will want to know exactly how they came to develop the condition. Mesothelioma is almost always caused by asbestos exposure, and asbestos is not exactly everywhere. One may be exposed to it in certain products or through the materials found in old buildings. Whatever the situation, mesothelioma patients may be able to file a claim and be reimbursed for their losses. This is where legal counsel may be of benefit.

Mesothelioma risk

How mesothelioma affects women

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Mesothelioma has always been rarer among women than among men, but the incidence rate among women is still nothing to ignore. While there are 1.93 cases of mesothelioma per 100,000 men in the U.S., there are 0.41 per 100,000 women. Residents of Louisville should know that the number one cause of mesothelioma in both men and women is asbestos exposure.

Historically, women have had secondary contact with asbestos through men who work in those industries, such as plumbing, welding and auto repair, that use materials containing asbestos. The asbestos fibers can stick to men’s clothing and hair. Women have also been exposed to the mineral as schoolteachers since school buildings can contain asbestos materials. Environmental exposure is another factor as some towns are built around asbestos mines.

While mesothelioma is typically diagnosed at a late stage in men, it can be diagnosed earlier in women. This makes women better candidates for the aggressive treatments that are used to fight mesothelioma. As they tend to also respond better to these treatments, women experience a longer survival time.

On the other hand, because mesothelioma in women cannot always be connected to workplace exposure, women have a harder time taking legal action over their condition. It is not impossible, though, to hold a company responsible for asbestos exposure.

Those who receive a cancer diagnosis and link it to asbestos exposure may want to see a lawyer who focuses on personal injury law. Personal injury lawyers may have a network of investigators and other third parties to take a deeper look into the case and gather evidence against the manufacturer, mining company, construction company or other employer that exposed plaintiffs to asbestos. The lawyer may speak a victim’s behalf for a settlement covering all past and future medical costs.

The Dangers of Asbestos Removal

People who handle insulation at increased mesothelioma risk

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The code for what’s reasonable or acceptable for building a home changes all the time in the United States. Common practices in one decade can later wind up being totally different the next. Sometimes, what was once thought to be safe or popular can later turn out to be dangerous.

That is certainly the case with asbestos used for insulation in properties. Certain kinds of insulation that may even be in modern homes and businesses can contain asbestos. From the insulation wrapped around the piping coming from your boiler or your hot water pipe to the underside of flooring between the boards in your attic, asbestos can be in many places a little too close to home for comfort.

For the most part, these products were put in place so long ago that there is relatively little risk of environmental contamination unless the insulation gets disturbed or removed. Homeowners can contract with professionals to address asbestos in their house. However, professionals who helped install insulation in homes decades ago may find themselves now dealing with serious illnesses as a result.

Lung conditions and mesothelioma can both be a result of asbestos exposure

Asbestos is a mineral for which businesses have found many different uses. Vermiculite asbestos was once a popular insulation tool during construction and remodeling. If you helped to install products that included asbestos, that exposure through your work could have led to damage inside your body.

Many people experience irritation of the lungs, also known as asbestosis, which can flame up during the time when they have active exposure to asbestos. However, the irritation to their lungs is only one symptom.

There can also be deep damage to the lining of the lungs and other organs caused by the inhalation of particulate asbestos. Those injuries often manifest decades later when a worker begins to present the symptoms of mesothelioma, a deadly cancer of the organ linings.

There are compensation options available for insulators who get sick

Even if you have enough assets set aside to take care of yourself or access to good medical care, seeking compensation from your employer or from the company responsible for your workplace exposure can help you and your family. There are trusts available in some cases, while in others, lawsuits may be necessary for workers who wind up sick because of asbestos.

It can be difficult to build an asbestos case, in part because of how much time passes between exposure and illness. However, it is possible to work with an attorney who has experience in this unique area of law. Consulting with an attorney can make you more aware of your options in Kentucky and help you make the best decisions as you move forward.

Tile manufacturers

Tile manufacturers may suffer from asbestos-related diseases

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In the 1950s and beyond, asbestos was a substance that was commonly used in the manufacture of a diverse range of products. In addition to construction materials, asbestos was also used in domestic materials such as tiles. Now that the dangerous nature of asbestos is known, it is no longer used in manufacturing products. However, for many workers who have been exposed to the mineral in the past, the damage has already been done.

If you or a loved one has worked in tile manufacturing in the past, it is possible that significant exposure to asbestos occurred. This, in turn, can lead to illnesses such as mesothelioma, a tumor that usually starts in the lungs. Many sufferers of mesothelioma can successfully take legal action to gain back damages as a result of their asbestos exposure in the past. If you have been affected by this, it is important to gain a good understanding of the causation of the illness and what you can do to get the compensation you deserve.

Is mesothelioma always caused by asbestos exposure?

Currently, the only known cause of mesothelioma is asbestos exposure. This means that if you are suffering from mesothelioma, it is likely that you would not be suffering from the disease if you had not been exposed to mesothelioma. Therefore, it can be straightforward to link the causation of your mesothelioma illness with your work history.

Can you be indirectly affected by asbestos exposure?

If you have not been exposed to asbestos to your knowledge but you are suffering from mesothelioma, you should consider whether you have been indirectly exposed. For example, if your spouse had significant exposure to asbestos in the past, you may have experienced secondhand asbestos exposure. This can be due to exposure to skin, hair or clothing that has been contaminated with asbestos.

What damages is it possible to claim?

You may be able to seek compensation for medical expenses that have arisen due to your illness. In addition, you could gain damages for the pain and suffering caused.

You must take action to get the damages that you deserve. Doing so could help you to gain effective treatment for your illness.

Radiotherapy

Radiotherapy may not offer benefit for mesothelioma patients

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Mesothelioma patients in Kentucky may soon be receiving a different recommended treatment plan from their oncologist. A new study found that prophylactic radiotherapy may not be a successful treatment option for this form of cancer. Prophylactic radiotherapy has been used for over 20 years in the treatment of pleural mesothelioma.

The study was done by researchers in the United Kingdom and looked at a group of 375 mesothelioma patients from 54 different hospitals. All of the patients had undergone one or more chest wall procedures, such as a chest-drain insertion or an open surgical biopsy. Prior studies had shown that doing these procedures increased the risk of chest wall metastasis by 2 to 50%. Medical professionals had recommended radiotherapy to minimize this risk.

Researchers compared those who had undergone a chest wall procedure and had received radiotherapy afterward to those who didn’t receive radiotherapy. The study found that there was no significant difference between the two groups. Furthermore, researchers believe that undergoing radiotherapy may delay chemotherapy treatment, which could further advance the cancer. The use of radiotherapy for mesothelioma dropped recently in the United States. Study researchers believe that the results of the study may cause the use of the treatment to drop further.

Mesothelioma is a form of cancer that develops in the lining of the chest wall. It is caused by exposure to asbestos, which was a commonly used building material until the 1970s. Employers who allowed their employees to be exposed to asbestos behaved negligently and may be responsible for medical and compensatory damages for the patients and the affected family members. A lawyer may be able to file a claim on behalf of mesothelioma patients or family members. If the patient worked for a business that exposed him or her to asbestos, the family may be awarded damages.

Mesothelioma in Women

Mesothelioma and nonexpandable lung

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Kentucky residents who have a nonexpandable lung may have malignant mesothelioma. The lungs of people with malignant mesothelioma are unable to expand to the chest wall, which makes it difficult for them to inhale and exhale normally. This inability of the lung to expand properly can be the result of fibrotic changes in the chest cavity and of inflammation. According to researchers who examined patients who were diagnosed with malignant mesothelioma, a nonexpendable lung in cancer patients who can be an accurate indicator of patient mortality.

The researchers state the nonexpandable lung condition in patients with mesothelioma can exacerbate coughing and shortness of breath. The researchers conducted a study to determine the prevalence of unexpandable lung in mesothelioma patients and how the condition affected their survival.

For the study, 229 people who were patients at a malignant mesothelioma facility at some time from 2008 to 2017 were evaluated. Most of the patients were determined to be able to perform light work, while being prohibited from strenuous activity, or were classified as fully active. Pleural effusion was present in 83.8 percent of the patients, 33.3 percent of whom had nonexpendable lung and the majority of whom whose smaller area of lung expansion was smaller than their area of pleural effusions.

The median survival time for the malignant mesothelioma patients was 11.1 months. When the data was adjusted to show if the patients did or did not have pleural effusions, a direct relationship between mortality and nonexpendable lung was confirmed.

A personal injury attorney may work to obtain financial compensation on behalf of patients whose mesothelioma resulted from another party’s negligence regarding asbestos. The negligent parties may be sued for the exposure to asbestos or for creating products containing asbestos that contributed to a client’s mesothelioma.

Health Risks Associated with Asbestos

GE factory staff may be at risk for asbestos-related illness

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General Electric has been a major employer in the Louisville area for some time. Quite a few people commute to Appliance Park every day to clock in for work. Most of those people expect to bring home a decent living wage, as well as benefits that improve the quality of life for their family members.

Unfortunately, some of them can also bring home particulate asbestos, which may make them or the people that live with them very sick after many years. General Electric has used asbestos in a number of its products, which could leave their current and former workers at increased risk for certain illnesses, including deadly forms of cancer.

This risk particularly affects those who have helped with the manufacture, repair or installation of specialized offshore wind turbines. However, handing older products made decades ago could also increase people’s likelihood of illness. That includes their old wiring, as well as some of the insulation they used in different products. Former workers or family members diagnosed with mesothelioma may find that their illness correlates to the work at General Electric.

The amount of asbestos you inhale over time could leave you sick

Decades ago, employers took few medical precautions for their workers when dealing with asbestos. Even today, with modern safety equipment, workers may run the risk of dangerous levels of exposure. Workers can inhale particulate asbestos on the job while handling materials that contain it or while manufacturing devices with asbestos materials inside.

The asbestos materials cause irritation and inflammation in the lungs. They can take many decades for that irritation to flare up into full-fledged mesothelioma. The delay in onset may leave people believing they have few options. However, it is possible to trace many cases of mesothelioma back to asbestos exposure at a place of employment.

Companies that endanger their workers have an obligation to those people

Although federal regulations didn’t require asbestos protections years ago, it has required them for several decades. More importantly, scientists and medical doctors were aware of the potential dangers of asbestos as far back as the turn of the 20th century.

Companies knew there was a likelihood that exposure would endanger workers, but they decided to put profits ahead of employee safety. Too many of those workers end up with life-changing illnesses, like mesothelioma.

Mesothelioma is a deadly and aggressive form of cancer. Paying for treatments can be difficult, especially since you likely can’t work while dealing with the symptoms of mesothelioma. Talking with a lawyer about your potential rights as a former worker who is now sick can help you make informed decisions about the kinds of compensation available to you.

What to Do After a Mesothelioma Diagnosis

New breath test may detect early-stage mesothelioma

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Researchers hope that a test of breath-based biomarkers can help them detect mesothelioma in its early stages. Louisville residents should know that historically, the U.S. has been lagging behind Europe in the use of breath tests to identify cancer. In 2017, a study from Belgium showed the potential benefits of breath tests for asbestos-related conditions like mesothelioma.

Developing a breath test for early-stage mesothelioma is important because cancer typically goes undiagnosed until its later stages, by which time most patients can only receive palliative care. Less than 25% would be eligible for surgery. Those who are diagnosed with pleural mesothelioma have a median survival rate of 9 to 18 months.

As part of the study, researchers will take the volatile organic compounds found on the breath of those with mesothelioma, predict the value of those compounds’ biomarkers and see if a formula cannot be developed that would allow breath samples to identify the disease. A breath biopsy could augment the various tests that are normally used to diagnose mesothelioma, including tissue biopsies, CT scans and blood tests.

Many in the building industry are exposed to asbestos on a regular basis, increasing their risk for mesothelioma. Every year in the U.S., an average of 3,000 people are diagnosed with the cancer, pleural mesothelioma being the most common.

Injured workers may be able to pursue a claim if they discover they are suffering from mesothelioma, asbestosis or another asbestos-related disease. Building up such a claim might require the work of investigators. Getting legal representation, then, may be wise. Once it is proven that the other side’s negligence indirectly caused the injury, the lawyer may strive for a settlement out of court.

swallowing problem

A Swallowing Problem May Indicate Mesothelioma (Rare Cancer)

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Swallowing problems could be mild and resolve on its own or potentially be something more serious, like the early sign of a mesothelioma cancer diagnosis.

Is Difficulty Swallowing a Sign of Mesothelioma?

Trouble swallowing may be an early indicator of an early sign indicating a cancer diagnosis of mesothelioma.

Medically known as “dysphagia,” this type of symptom involving swallowing difficulties is not usually associated with asbestos-related illnesses. However, a Spanish medical journal published an article expressing the view that a swallowing problem could indicate the beginning stage of mesothelioma.

When a Swallowing Problem Could Caused by Mesothelioma

Mesothelioma is a rare type of cancer that comes from asbestos exposure. It typically takes decades to develop after exposure and before patients start experiencing symptoms.

So if you’re young and don’t think you were exposed to asbestos, a swallowing problem probably isn’t a sign of mesothelioma.

But if you’re in your 60s or 70s and were exposed to asbestos at work, at home, or from smoking asbestos cigarettes, your swallowing problem could be a cause for concern.

There are two types of mesothelioma:

  • Pleural mesothelioma, which affects the lungs
  • Peritoneal mesothelioma, which affects the abdomen

Asbestos exposure is always the cause for both types of mesothelioma.

What the Data Says

Nine out of 10 people diagnosed with pleural mesothelioma experience chest pain, breathing difficulties or both symptoms. Some patients may begin to cough. Peritoneal mesothelioma affecting the abdomen may cause the stomach area to feel bloated or painful. Approximately 20% of patients diagnosed with an asbestos-related illness are afflicted with peritoneal mesothelioma.

Dysphagia (trouble swallowing) is also caused by strokes, dementia, head injuries, cancer of the esophagus or cancer of the mouth.

According to the Spanish medical journal, a small number of patients with mesothelioma experience dysphagia. In most cases, dysphagia is not an early warning of mesothelioma. Most people do not experience any warning signs indicating that they have mesothelioma. Consequently, the cancer is typically too powerful to treat by the time a doctor makes the diagnosis.

How to Know if You Have Difficulty Swallowing

Difficulty swallowing or dysphagia can feel like a number of different things, including:

  • Choking or coughing while eating
  • Food or drink getting stuck in your throat
  • Pain or discomfort while swallowing
  • A lump or sensation in the throat

You should always see a doctor if you’re having trouble swallowing, especially if it’s persistent.

What Else a Swallowing Problem Could Indicate

In addition to a rare cancer diagnosis of mesothelioma, a swallowing problem could be a symptom of something else:

  • Stroke
  • Parkinson’s disease
  • Dementia
  • Multiple Sclerosis
  • Muscle disorders
  • Acid reflux
  • Benign growths
  • Tumors

As you can see, trouble swallowing could be mild, severe, or somewhere in between. That’s why it’s always best to check with your doctor.

Even though there is no cure for mesothelioma, an early medical diagnosis may help the patient live a longer, more productive life.

Someone who is dealing with mesothelioma may want to contact an attorney. Any employer that required an individual to work in an area contaminated with asbestos may be considered liable for damages. By filing a lawsuit, the patient could get compensation that covers medical costs.

Call us at 855-385-9532, locally 502-589-5600, or contact us online to arrange a free initial consultation with a Satterley & Kelley PLLC lawyer.

Radiotherapy

How radiotherapy may extend the life of mesothelioma patients

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The European Society for Radiotherapy and Oncology held its annual ESTRO 38 conference, during which a study was presented that may intrigue mesothelioma patients in Louisville. The study found that radiotherapy, which has been used to control the symptoms of mesothelioma, may actually do much more that is positive for patients.

Namely, high-dose radiotherapy for the affected side of the patient’s trunk, also called radical hemi-thoracic radiotherapy, will double the chances of the patient living two years or longer than if he or she did not undergo treatment. Researchers looked at 108 patients with malignant pleural mesothelioma who underwent surgery and chemotherapy. Half were randomly chosen for this high-dose radiotherapy; the others had palliative radiotherapy.

About 58% of the first group were still living two years after the treatment whereas only 28% of the second group survived for that long. Researchers admit that there were several dangerous side effects: 20% of the first group suffered from inflammation of the lung, known as radiation pneumonitis, as well as mild inflammation of the esophagus, physical weakness and nausea.

Researchers hope that combining radical hemi-thoracic radiotherapy with immunotherapy, a treatment that tries to induce the body to fight cancer cells, leads to even better results. It all depends on whether patients can make it to a cancer center with the right expertise.

Mesothelioma is one of the deadliest of asbestos-related illnesses, along with lung cancer, and those who are diagnosed with it may find out that the condition could have been prevented. For example, they may have been exposed to asbestos at their workplace and the employer did nothing to mitigate the risk. Whatever the situation, victims may want to talk with an attorney about whether they are eligible to file a claim. A successful claim may reimburse them for medical expenses, lost wages and other losses.