$966 Million Jury Verdict for Family in Talcum Powder Case

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A Los Angeles jury ordered Johnson & Johnson to pay $966 million to the family of a woman who died from mesothelioma. They found the company was liable in a lawsuit alleging its baby powder caused her fatal cancer.

Satterley & Kelley, PLLC attorneys have successfully represented people diagnosed with mesothelioma caused by their use of asbestos-containing talcum powder. If you’re in this situation, contact us at 855-385-9532 to learn more about how we can help you obtain compensation for your injury.

California Wrongful Death Case Involves Mesothelioma and Baby Powder

Mae Moore died in 2021, and her family sued the company that year, Reuters reports. They allege in their wrongful death lawsuit that Johnson & Johnson’s talc baby powder contained asbestos fibers that caused her fatal cancer. The jury agreed in an October decision and ordered the company to pay the following:

  • $16 million in compensatory damages
  • $950 million in punitive damages

Compensatory damages represent payment for losses the family suffered due to Moore’s death. Punitive damages punish the defendant for its actions, and to discourage it and others from taking similar actions in the future.

The company claims its products are safe, its talcum powder products didn’t contain asbestos, and they do not cause cancer. In 2020, Johnson & Johnson stopped selling talc-based baby powder in the US, switching to cornstarch, according to the Independent.

Mesothelioma is a cancer affecting the linings of the lungs, heart, abdominal organs, and the abdominal and chest cavities. It’s treatable but currently incurable. The American Cancer Society estimates the five-year survival rate after diagnosis varies depending on the stage, with an average of 15%.

Johnson & Johnson is facing lawsuits filed by more than 67,000 plaintiffs claiming their cancers were caused by baby powder and other talc products contaminated with asbestos. Plaintiffs with mesothelioma are a small subset of these legal actions. The vast majority are women alleging their ovarian cancer was caused by Johnson & Johnson products.

The company announced it will appeal the decision. The punitive damages may be reduced. The US Supreme Court has ruled that punitive damages awards exceeding nine times compensatory awards deprive defendants of their Constitutional right to due process before the government can take their property. Johnson & Johnson has unsuccessfully tried to resolve cases against it through bankruptcy proceedings.

What is Talcum Powder?

Talc is a naturally occurring mineral that’s used in talcum powder after it’s processed. Talcum powder is used in cosmetic products (baby powder, foot powders, and deodorants), ceramic tiles, molding compounds, and hygienic products. Talc is also used during the manufacture of various products, including tires.

Due to contaminated talcum powder’s potential for causing cancer, many of these products and processes now use alternatives.

What is Asbestos?

Asbestos is a group of minerals that are resistant to corrosion and heat. Its fibers are highly versatile, non-flammable, incredibly strong, durable, and, in the past, cheap to mine and fashion into products.

It was used in various ways starting about 4,000 years ago. It was used in textiles, auto parts, floor tiles, adhesives, and construction materials. Most asbestos use has been banned in the US, but a few remain.

Why is Asbestos Hazardous?

Asbestos fibers are very light and microscopic in size. If they’re mixed with talcum powder, they can easily become airborne. Anyone in the area may inhale or swallow asbestos fibers without realizing what’s going on.

Because they’re so durable and strong, once in the body, they lodge into tissue and withstand the body’s response to destroy them. Nearby tissue becomes scarred and inflamed. After years or decades, genetic mutations resulting from the body’s interaction with asbestos fibers cause mesothelioma and other cancers.

Why is Talcum Powder Contaminated with Asbestos?

Talc is found in rock deposits that may also contain asbestos, which is a known mesothelioma cause. During mining or processing, asbestos fibers can become mixed with talc. Insufficient quality control can lead to the sale of contaminated talc products to the public.

How Can You Prove Talcum Powder Caused Mesothelioma?

Causation is a critical issue in asbestos-related lawsuits. The plaintiff (you, the injured party) has the burden of proving that it’s more likely than not that the defendant (Johnson & Johnson) caused your injury (mesothelioma) and the related physical, emotional, and financial harm that followed.

You need to establish the following:

  • You have mesothelioma
  • You used Johnson & Johnson baby powder
  • It caused your illness

Your diagnosis can be established through medical records and testimony. Except for extremely rare cases, asbestos causes mesothelioma.

Your use of baby powder may be shown through your testimony and that of family members who saw you use it over the years. There’s scientific evidence from prior litigation that Johnson & Johnson baby powder had asbestos fibers in it, and company documents show they were aware of the problem.

The company may raise as a defense that you can’t prove that the asbestos causing your mesothelioma came from their baby powder. Although asbestos was used in thousands of products, you don’t have a record of exposure to them.

Your jobs didn’t involve working with asbestos products and, as far as you know, they weren’t present in your workplace or home. Your explanation is that the baby powder that you regularly used for years has been shown to be contaminated with asbestos.

Take Legal Action Now — Contact Our Firm

If you develop mesothelioma or another type of asbestos-related cancer, and used cosmetic talcum powder, you may be entitled to compensation. Let Satterley & Kelley, PLLC be your boots on the ground seeking maximum compensation for you and your family.

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

The Role of Telemedicine in Mesothelioma Care: What to Expect

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For mesothelioma patients and their loved ones, quality medical care is a top priority. However, traveling to specialists, managing appointments, and staying on top of both managing and recording symptoms between appointments can be physically and emotionally draining. That’s where telemedicine comes in.

Since it skyrocketed into popular use during the COVID-19 pandemic, telemedicine has become a powerful tool in the care of all patients, including those with rare and serious illnesses like mesothelioma. Your mesothelioma care team may utilize telemedicine to offer you more convenience, quicker access specialists regardless of physical distance, protection from over-exertion and exposure to infection, and more consistent support—all from the comfort and safety of home.

In this article, we’ll explore how telemedicine works, what to expect from virtual visits, and how telemedicine can be an important part of your mesothelioma care journey.

What Is Mesothelioma Telemedicine?

Telemedicine is the use of technology, especially digital technology—like video calls, secure messaging, and remote monitoring—to deliver healthcare services when you’re not in the same physical location as your mesothelioma care team. It allows doctors, clinicians, and patients to connect virtually and securely from their respective locations, usually through a device like a smartphone, tablet, or computer. Often, mesothelioma patients can make their scans, imaging, and other testing results available to their care team digitally. This allows clinicians and specialists remotely access that data in order to inform their treatment approach.

For mesothelioma patients, telemedicine can be used to:

  • Consult with top-tier oncologists and mesothelioma specialists
  • Get second opinions and compare treatment approaches
  • Manage mesothelioma symptoms and side effects quickly and efficiently
  • Review test results and mesothelioma treatment plans
  • Learn about new mesothelioma treatment options, clinical trials, and alternative methodologies.
  • Connect with palliative care or mental health professionals with mesothelioma experience
  • Receive guidance on mesothelioma medications and home care
  • Raise questions and get answers about specific treatments, symptoms, or elements of mesothelioma
  • Receive referrals to additional specialized clinicians and practitioners
  • Consult with medical social workers to assist both mesothelioma patients and their families

In short, telemedicine makes it easier to stay connected to your care team and your broader mesothelioma support community without the stress, expense, exertion, or risk of constant travel.

Why Telemedicine Matters for Mesothelioma

Mesothelioma is a rare cancer that often requires care from specialized treatment centers, which may be hundreds or even thousands of miles away from a patient’s home. For people who are already dealing with fatigue, breathlessness, and/or mobility issues, frequent travel can be nearly impossible. Telemedicine helps bridge that gap for mesothelioma patients. Instead of navigating traffic, waiting rooms, and long days spent in medical appointments, you can check in with your doctor from your home—comfortable on your couch, oxygen nearby, loved ones by your side.

Virtual check-ins make it easier to stay on top of existing, new, or worsening symptoms, changes in medication, emotional health concerns, and a range of other issues common among mesothelioma patients. This can make all the difference for mesothelioma patients: instead of waiting weeks for a follow-up, which you might miss for lack of ability to travel to the office that day, you can send your clinician a message or schedule a short call to have something adjusted or addressed.

What to Expect from a Telemedicine Visit

Statistically, many mesothelioma patients are older adults who may be less comfortable with digital and virtual technology. If you’ve never had a virtual doctor’s visit or telehealth appointment before, you might be wondering how it works. Here’s what typically happens:

Scheduling

You’ll receive an appointment time, just like with an in-person visit. Some systems will send a secure video link via email or text, while others may use a dedicated app or patient portal. You may also be able to address your care provider, especially pertaining to small adjustments or concerns, by message within the patient portal, which may lead them to schedule a more substantial appointment.

Preparation

  • Make sure your device (phone, tablet, or computer) is charged and has a working camera and microphone. Try to do a practice call with a friend or loved one to make sure everything is working and online.
  • Choose a quiet, private space with good lighting to take the call. Make sure that you will be able to clearly hear and see the clinician (and vice versa) during your session.
  • Write down any questions or concerns you want to raise. It’s most helpful to make a habit of writing these things down as they arise, but if there’s anything you absolutely need to remember, it’s best to have that with you on paper as you attend your virtual appointment.
  • Have your medications or treatment schedule handy in case your provider asks about them. In some cases, this will be available on the patient portal or in the clinician’s records. If you are seeing a new clinician or mesothelioma care provider, it may be more pertinent to have your records handy.

The Appointment

Your telehealth appointment will start with you logging on by following a link or logging into your healthcare portal. It will generally be held over HIPPA-compliant medical conferencing platform, via video or sometimes just audio. If you’re struggling with the connection or technology involved, your provider may ask you to call in to the appointment instead.

Beyond the platform on which it takes place, your mesothelioma telehealth appointment should go much the same as any other appointment, minus the physical elements (i.e., physical examinations, blood draws, biopsies, treatments, etc.) Those elements of your treatment may be conducted later, either in-person with the clinician, via visiting nurse, or at an affiliate testing, imaging, or treatment facility. You will have the opportunity to ask questions and address concerns and should feel free to do so—just like a regular doctor’s visit. At the end of a mesothelioma telehealth visit, you may be scheduled for a follow-up, and may receive referrals to other practitioners, medication adjustments and prescriptions,

Telemedicine and Caregivers

In addition to being a boon for many mesothelioma patients, telemedicine can also be helpful for their loved ones and caretakers, who are also saved the trouble, risk, and exhaustion of shuttling their loved one to myriad appointments. Many practitioners will allow family members to join telehealth appointments, even if they live in another city or state. This way, everyone involved can stay informed, ask questions, take notes, advocate, and support decision-making.

Is Mesothelioma Telemedicine Right for Me?

Your care team will guide you in deciding when an in-person visit is necessary and when telemedicine is appropriate. Feel free to voice your preferences and concerns. If you struggle with technology, ask if there are any available resources to help you navigate telehealth care.

Most insurance providers, including Medicare and Medicaid, cover some telemedicine services, especially for cancer care—though coverage varies by state and by plan. Before your appointment, ask your provider or cancer center to check with your insurance company and clarify coverage and any potential out-of-pocket costs.

Have you or a loved one been diagnosed with mesothelioma? Are you looking for help? 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.

Long-Term Side Effects of Mesothelioma Treatment: What to Watch Out For

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Mesothelioma is an aggressive cancer that requires treatment to improve prognosis and quality of life. Finding the right treatment is often the first priority for mesothelioma patients, whether that means surgery, chemotherapy, radiation, immunotherapy, or a combination of approaches. These treatments can help extend life and improve comfort and can make all the difference for mesothelioma patients and their families.

While mesothelioma treatment does have significant benefits when medically recommended, it’s also important to remember that some mesothelioma treatments, like cancer treatments generally, may come with long-term side effects. Understanding these side effects can help patients and their families prepare, adapt, and seek the right support when it’s needed most.

Here’s what to watch out for and how to manage any challenges that may arise.

What are Common Mesothelioma Treatments?

Mesothelioma patients often go through some form of treatment, whether curative or palliative. Common treatments include:

  • Surgery (to remove tumors or affected tissue)
  • Chemotherapy (to kill or shrink cancer cells)
  • Radiation therapy (to shrink tumors with high-energy beams)
  • Immunotherapy (to help the immune system fight the cancer).

For some patients, a combination of these therapies (multimodal treatment) offers the best chance at controlling mesothelioma progression and mitigating mesothelioma symptoms. While there is no cure for mesothelioma, these treatments can help manage mesothelioma as a chronic illness.

Always Ask Your Mesothelioma Care Team First

Before starting any mesothelioma treatment, it’s essential to talk to your mesothelioma care team about any potential side effects, both short-term and long-term. Understanding what to expect will allow you to make informed decisions and properly prepare for any challenges ahead. Your providers can walk you through how each treatment might affect your body, mind, and daily life. Knowing what’s normal—and what isn’t—will help you catch bigger problems earlier and get the support you need right away.

It’s also very important to tell your providers about any symptoms or side effects you develop, and about any remedies you are considering to address them. Open, ongoing communication is your best navigation tool on the ongoing journey through mesothelioma care, both during and after treatment.

Common Treatment Symptoms and How to Address Them

1. Lingering Fatigue

Fatigue—an exhaustion much more severe and long-lasting than regular tiredness, which often isn’t fixed by rest alone—is one of the most common long-term side effects of mesothelioma treatment. Chemotherapy, radiation, and surgery all take a toll on the body’s energy reserves. They can also impact sleep, nutrition, and mental health, which can contribute to fatigue.

What to do:

  • Prioritize rest, with light activity (i.e., short walks, gentle stretching) when able. Ask your care team about physical therapy, which in some cases can build back muscle and stamina safely.
  • Maintain healthy eating and sleeping patterns as well as possible.
  • Keep a symptom journal to track patterns and discuss them with your mesothelioma care team.

2. Nerve Damage (Peripheral Neuropathy)

Some chemotherapy drugs used to treat mesothelioma (especially cisplatin/carboplatin) can cause long-term nerve damage, often presenting as tingling, numbness, or burning pain in the hands and feet (peripheral neuropathy). It can affect coordination, balance, and sometimes even activities of daily living, like buttoning a shirt or opening a container.

What to do:

  • Record symptoms and tell your doctor if they worsen or interfere with daily life.
  • Pursue physical or occupational therapy to help retrain muscles and nerves.
  • Ask about medications that can relieve nerve pain or prevent it from worsening.

3. Lung and Breathing Issues

Because mesothelioma affects the lining of the lungs (pleura), and many treatments involve surgery to remove part of a lung or radiation to the chest area, long-term breathing problems are a common side effect, often including shortness of breath, chronic coughing, or decreased lung capacity.

What to do:

  • Pulmonary rehabilitation programs can teach breathing exercises to improve function.
  • Using oxygen at home may help some patients feel less short of breath.
  • Avoid smoke, dust, and other irritants to protect your lungs.

4. Scarring and Pain

Major surgeries like pleurectomy/decortication or extra-pleural pneumonectomy often leave behind scar tissue and changes in anatomy. This can lead to chronic pain, reduced mobility, or tightness in the chest and shoulders. Radiation therapy can also lead to internal scarring or fibrosis over time.

What to do:

  • Pain management specialists can help create a long-term plan, including medication, nerve blocks, or alternative therapies like acupuncture.
  • Gentle stretching, massage therapy, or warm compresses may help ease tightness.
  • Don’t ignore chronic pain: tell your mesothelioma care team about it. There are options for relief.

5. Cognitive Changes (“Chemo Brain”)

Some who undergo mesothelioma treatment, especially chemotherapy, describe a lingering fogginess in memory, concentration, or problem-solving skills after treatment (often called “chemo brain.”)

What to do:

  • Use memory aids like phone reminders, planners, and sticky notes.
  • Create routines that reduce mental load (same place for keys, daily schedules).
  • Cognitive rehab therapy or neuropsychological support can help improve mental clarity over time.

6. Emotional and Mental Health Challenges

The emotional effects of mesothelioma don’t stop when treatment ends. Many mesothelioma survivors and caregivers report anxiety, depression, or even post-traumatic stress as they adjust to life after treatment. Feelings of grief, isolation, or fear of recurrence are common.

What to do:

  • Talk to a therapist, psychiatrist, or counselor who specializes in chronic illness or cancer care.
  • Connect with mesothelioma support groups to share experiences.
  • Mindfulness techniques, journaling, or creative expression can help process emotions.

7. Changes in Appetite and Digestion

Some treatments can affect taste, appetite, or digestion long-term. Scarring from surgery, changes in abdominal pressure, or lingering nausea can make it hard to eat enough or enjoy food.

What to do:

  • Work with a registered dietitian who understands cancer-related nutrition.
  • Try smaller, more frequent meals and experiment with flavors and textures that appeal to you.
  • Ask your mesothelioma care team about nutritional supplements or appetite stimulants.

8. Hormonal and Sexual Health Changes

Mesothelioma treatment regimens can affect hormone levels or cause fatigue and pain, which can have lasting effects on sexual health and intimacy. Libido may drop, and physical discomfort or body image changes may make physical intimacy more difficult.

What to do:

  • Maintain open and honest communication with your partner.
  • Seek out a therapist or counselor specializing in sexual health or a couple’s counselor to help you navigate challenges.
  • Ask your doctor to recommend medication or techniques to ease physical issues.

9. Risk of Secondary Cancers

Some treatments, like radiation therapy, slightly increase the risk of developing a second cancer later in life, especially if treatment was extensive. The risk is relatively small, but worth monitoring.

What to do:

  • Keep up with regular follow-up appointments and screenings.
  • Share your full treatment history with any new doctors.
  • Maintain healthy habits: avoid smoking, eat well, stay active, and monitor for new symptoms.

The Importance of Long-Term Follow-Up

After any mesothelioma treatment, it’s essential to maintain regular follow-up care. This is both to monitor for mesothelioma recurrence and to manage any long-term effects. Your mesothelioma care team may include pulmonologists, physical therapists, pain specialists, mental health providers, and others who can help improve your quality of life.

Have you or a loved one been diagnosed with mesothelioma?

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.

Bile Duct Liver Cancer May Be Caused by Asbestos

How to Handle Mesothelioma Breathing Difficulties: Practical Strategies

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Shortness of breath is one of the most common, distressing, and disruptive symptoms of mesothelioma. Whether you’re a mesothelioma patient or mesothelioma caretaker or loved one, mesothelioma-related breathing difficulties can be frightening, exhausting, and both physically and emotionally overwhelming.

However, many mesothelioma patients and families can find ways to manage this symptom throughout their mesothelioma journey—both through medical interventions and at-home methods to reduce the impact of impaired breathing day-to-day. With the right support and strategies, mesothelioma patients may be able to breathe easier and improve their overall comfort and quality of life.

Why Does Mesothelioma Cause Breathing Problems?

The two most common types of mesothelioma—pleural mesothelioma and peritoneal mesothelioma—can both cause breathing difficulties.

Pleural mesothelioma affects the lining of the lungs (the pleura or pleural tissue). The normal role of pleural tissue is to allow the lungs to expand easily and painlessly. As pleural mesothelioma tumors grow, they can limit lung expansion and lead to the buildup of fluid in the chest cavity called pleural effusion. The pleural tissue itself can also thicken and become less flexible, making it harder and more painful for the lungs to expand. These changes make it harder for the lungs to fully inflate, leading to a feeling of breathlessness and/or tightness in the chest.

Peritoneal mesothelioma affects the lining of the abdomen (peritoneum or peritoneal tissue). This membrane’s normal role is to line your abdominopelvic cavity and surround your abdominal organs, including your lungs—padding those organs and keeping them in place, as well as insulating them and reducing friction between them. As peritoneal tumors grow, they can intrude into the diaphragm or cause fluid buildup (peritoneal effusion), which ay cause shortness of breath.

Both pleural mesothelioma and peritoneal mesothelioma patients may also experience breathing difficulties due to inflammation, fatigue, pain, the formation of scar tissue, and anxiety.

Breathing issues experienced by mesothelioma patients may also be rooted in the side effects of mesothelioma treatment. While mesothelioma treatment often ultimately improves prognosis and quality of life, side effects can exacerbate existing symptoms or cause new symptoms in the short term, including breathing issues.

When it comes to mesothelioma-related breathing difficulties, as is the case with any mesothelioma-related symptom, understanding the root cause helps in choosing the best strategies for relief.

Are There Medical Treatments for Mesothelioma-Related Breathing Issues?

The first and most important step in managing breathing problems stemming from mesothelioma is to work closely with your mesothelioma care team. They can determine the specific cause of your respiratory symptoms and can help discern whether there are helpful medical interventions you can try.

After an evaluation, depending on your case, your mesothelioma care team may be able to offer medical treatment options, such as:

  • Surgeries and Procedures: Numerous procedures and surgeries can help with certain types of mesothelioma-related breathing problems. These include procedures like thoracentesis (which removes fluid from the space around the lungs, allowing for easier breathing almost immediately), and surgeries like pleurodesis (which seals the pleural space, preventing future fluid buildup).
  • Medication: Medications can address root causes of breathing issues, like steroids to reduce inflammation or diuretics to reduce fluid buildup. Some mesothelioma patients may also be prescribed bronchodilators (i.e., asthma inhalers).
  • Oxygen Therapy: Supplemental oxygen can be used to boost blood oxygen levels and reduce feelings of breathlessness.

Are There Strategies to Improve Breathing That Mesothelioma Patients Can Use at Home?

Though medical interventions can help, people with mesothelioma may still experience some breathing difficulty in their daily lives. While each case is different, and all methods should be run by your mesothelioma care team to make sure they’re safe for you or your loved one, HERE ARE SOME THINGS ETC

  • Positioning: Certain positions can help with breathing by making it easier for your diaphragm to expand. Try:
    • Sitting upright with shoulders relaxed
    • Sitting while leaning slightly forward, resting arms on knees
    • Sleeping propped up with pillows or a wedge
  • Fans and Ventilation: Having fresh, cool air flow directed at the face through a fan or an open window can help with the feeling of breathlessness or “air hunger.”
  • Breathing Exercises: Certain breathing exercises, like pursed-lip breathing, can slow breathing rates and help you empty your lungs more fully. Ask your mesothelioma care team about which breathing exercises are right for you.
  • Conserving Energy: Mesothelioma patients can adjust their routines to reduce exertion and feelings of breathlessness. For example, sitting down while showering, dressing or cooking, or breaking tasks down into steps with rest breaks between.
  • …While Getting as Much Gentle Exercise as Possible: While conserving energy and not pushing yourself beyond your limits helps with breathing trouble, it also helps long-term to engage in light physical activity when possible (and if your mesothelioma care team says it’s safe). Exercises like slow, gentle walking or seated stretches and yoga can help with breathing by building muscle and stamina.
  • Coping With Anxiety and Emotional Regulation: Many mesothelioma patients experience anxiety, which can exacerbate physical breathing issues. This can create a frustrating cycle in which breathing issues cause anxiety, which then worsens the breathing issues. Finding support through mindfulness, meditation, support groups, counseling, and therapy can help disrupt that cycle.

Know When to Call the Doctor

As always, your mesothelioma care team will be able to guide you in addressing shortness of breath, and you should consult them first for ways to alleviate your specific breathing difficulties, as well as checking any and all breathing tips by your doctors to make sure they’re safe.

Mesothelioma patients and their loved ones should also learn to recognize when mesothelioma breathing issues become serious enough to require immediate medical intervention. While breathing struggles are common among mesothelioma patients, they should always be taken seriously—especially if they worsen or change suddenly. Contact your doctor, mesothelioma care team, or 911 if:

  • Breathing becomes abruptly and noticeably more difficult
  • You feel dizzy, confused, or extremely fatigued
  • You experience noticeable chest pain, wheezing, or blue lips/fingertips
  • Your oxygen levels (testable with a pulse oximeter) drop below your prescribed range

In addition to potentially providing quick relief, prompt medical attention can prevent further complications and can even save a life.

Breathing difficulties with mesothelioma can be frightening, but there are many ways that mesothelioma patients and their loved ones can manage this symptom and reclaim a sense of control. By combining medical treatments with home strategies and both practical and emotional support, patients and their families can find relief and breathe a little easier, literally and figuratively.

Contact Us Today for a Free Initial Consultation

Dealing with a mesothelioma diagnosis is overwhelming, but you don’t have to face it alone. We can help you explore legal options for financial compensation to ease your burden. 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.

Shotgun Shells + Asbestos + Mesothelioma = $9 Million Verdict

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A jury in Delaware state court in July awarded $9 million in a wrongful death case to the family of an Illinois hunter. The jury ruled that he died of mesothelioma caused by asbestos-containing shotgun shells made by the former DuPont Co. and one of its subsidiaries. The deceased, Eugene Schoepke, died on March 27, 2022, of mesothelioma, a cancer caused by asbestos.

Satterley & Kelley, PLLC, represents those with asbestos-related illnesses and family members of those killed by them. We file claims and lawsuits against the companies responsible for the harm you suffer to provide you with compensation. Learn more by calling us at 855-385-9532.

Why was Asbestos in Shotgun Shells?

Asbestos was used in shotgun shells in its wadding or filler material. That’s placed between the shot and the powder so the shot remains intact during firing.

Asbestos fibers helped maintain the shell’s structural integrity, reduced the chances of misfires, and helped ensure a consistent shot pattern. These fibers could become airborne, inhaled, or swallowed when the shells were handled, loaded, and unloaded.

Asbestos fibers could remain in a person for the rest of their life. They can cause scarring, inflammation, and genetic mutations in cells that can result in various cancers, including mesothelioma. It is a fatal disease of the linings of the heart, lungs, abdominal organs, chest, and abdominal cavities.

Who Was Held Accountable for Eugene Schoepke’s Death?

The defendants are a mix of corporate entities that own businesses that produced the shells in the past or are new names for companies that played a role in their manufacture and sales, reports the Delaware News Journal. They include Corteva Inc. and Sporting Goods Properties Inc. (formerly known as Remington Arms Co.).

The defendants have a history with E.I. DuPont de Nemours in common. The company has split into different entities and undergone mergers and restructurings in the past.

Why Were the Defendants Found Liable?

Plaintiffs allege defendants failed to warn Schoepke and other hunters of the dangers they faced when using shotgun shells that contained asbestos and hid the fact that asbestos was part of the product.

The lawsuit claims asbestos wasn’t part of the shells until 1960, when the dangers of asbestos were known. Exposing purchasers to this highly toxic substance was also pointless, as the asbestos didn’t improve the shells’ performance, and only one brand of shells used it for a limited time.

The production of the asbestos-containing shells ended in the 1980s. Because of their long shelf life, they were sold for many years afterward without warnings or recalls.

Call Us Today for a Free Consultation

Satterley & Kelley, PLLC attorneys are your boots on the ground if you or a family member in Kentucky suffers from mesothelioma or another asbestos-related illness.

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.

Board of Ed Criminally Charged for Not Inspecting Schools for Asbestos

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The School District of Philadelphia, Pennsylvania, is facing federal criminal charges for failing to fulfill its responsibilities regarding inspections for and the safe handling of asbestos. It’s the first time a school district has been criminally charged under the federal Asbestos Hazard Emergency Response Act.

The school board entered into a deferred prosecution agreement with the Department of Justice (DOJ), allowing them five years to address the asbestos issue without facing prosecution, according to WTXF. 

Federal law requires school districts to prevent airborne toxins, such as asbestos, in their buildings through regular inspections and remediation. Cancer-causing asbestos is in 300 of the district’s 339 buildings. The district is accused of failing to do timely inspections at several schools.

The DOJ investigation found mismanagement and widespread asbestos issues endangering students and staff. The district has been found to improperly address asbestos, including using duct tape to cover it up. Some of the city’s schools have been closed due to asbestos. 

The district announced the agreement with the DOJ. It stated that if it hadn’t made progress in properly dealing with asbestos in the schools, the federal government wouldn’t be giving them a chance to correct the situation before prosecution.

The district has a new asbestos management program. All school buildings are supposed to be inspected twice a year. The DOJ states it will monitor the district’s progress over the next five years.

Your Local Mesothelioma Law Firm

If you or a loved one worked at a school and has an asbestos-related disease, you may be entitled to compensation for the harm asbestos causes.

Experienced Satterley & Kelley’s, PLLC, asbestos injury attorneys can talk to you about your situation and help you recover damages for your lost wages, medical expenses, and the pain and suffering you’ve endured.

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.

$42.6 Million Mesothelioma Talcum Powder Verdict in Massachusetts

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A Boston jury sided with Paul and Kathryn Lovell in a legal action against Johnson & Johnson in a case claiming exposure to the company’s talcum baby powder caused Paul Lovell’s mesothelioma, a fatal cancer caused by asbestos. The verdict may be the largest mesothelioma verdict for a plaintiff in state history.

Jury Holds Johnson & Johnson Accountable for Their Actions

During a two-week trial in July, plaintiffs’ attorneys successfully portrayed the company as aware of asbestos’ potentially fatal impact and that their product was contaminated with the cancer-causing mineral fiber. The plaintiffs’ case also included allegations that Johnson & Johnson not only failed to warn customers but also actively covered up the health threat the product posed.

Evidence shown to the jury included company documents showing management knew of the contamination, their failure to adopt a safer alternative, and manipulation of scientific testing methods to falsely show the baby powder wasn’t dangerous.

The jury found Johnson & Johnson committed negligence and breach of warranty. The company denies that its baby powder products were dangerous and states it will appeal the verdict, reports WCVB.

Paul Lovell, 69, is a father of four. He testified he used Johnson’s Baby Powder on himself and his children, and assumed it was safe. Lovell hasn’t knowingly used asbestos-containing products and doesn’t know of any workplace exposure. He stated he used defendant’s talcum powder all his life.

Why was Asbestos in Baby Powder?

Talc is a soft mineral fiber used to make talcum powder. Asbestos is also a mineral fiber, and the two can be found mixed underground. When talc was mined and processed into powder, testing for asbestos was insufficient, or tests showing its presence were ignored.

After publicity about asbestos contamination became widespread, consumer demand for Johnson & Johnson’s baby powder dropped. In 2023, the company announced it would no longer sell talcum powder and would only sell baby powder using cornstarch.

Take Legal Action Now — Contact Our Firm

If you or a family member has mesothelioma or another cancer, and used cosmetic talcum powder, you may be entitled to compensation for your pain, suffering, medical expenses, and lost wages. Satterley & Kelley PLLC can be your boots on the ground seeking maximum compensation for you and your family.

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.

Asbestos Exposure

Bullet Dodged: Trump Administration Not Reversing Asbestos Ban

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The Trump administration will back a ban of the last type of asbestos allowed in US manufacturing, according to a court filing. When a prior filing stating a proposed delayed ban may not happen, it was widely criticized by asbestos victims’ groups and anyone who understands asbestos health hazards.

The Associated Press reports the federal Environmental Protection Agency (EPA) stated in a July court filing it will defend the Biden administration’s ban of chrysotile asbestos in litigation brought by business groups who wish to continue to use mineral fibers that kill more than 200,000 people worldwide annually.

Asbestos has mostly been phased out of use in the US. Last year, the EPA under former President Joe Biden sought a comprehensive ban phased in over time. Asbestos use is banned in more than 50 countries, but it is still allowed in the US after a prior ban was overturned by court action in 1991.

The EPA stated in a federal appeals court filing in June that some of the ban may go “beyond what is necessary to eliminate the unreasonable risk” because other options, like workplace protection measures, might end that risk. The agency stated at the time it planned a process that could take about two and a half years to write new rules. Now the agency states it won’t take that step.

Call Us Today for A Free Mesothelioma Lawsuit Consultation

If you or a family member in Kentucky suffers from an asbestos-related condition, including mesothelioma, Satterley & Kelley PLLC can help you obtain the compensation you deserve.

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.

Police Accident Reports Set the Tone for Your Car Accident Case

Four Dead After Recent Wrong-Way Collisions in Kentucky

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Four recent deaths were caused by vehicle accidents involving a vehicle going the wrong way on Kentucky roadways. These accidents are relatively rare, compared to other kinds of crashes, and are responsible for a disproportionate number of accident fatalities.

If you or a loved one are severely injured or killed in a wrong-way vehicle crash, Satterely & Kelley, PLLC can help you recover the compensation you deserve for the suffering caused by another’s negligence. Schedule a free consultation to discuss your situation by calling our Louisville office at (855) 385-9532.

Two Accidents Show the Dangers of Striking Another Vehicle Going the Wrong Way

Two crashes killed four people and injured two, according to local press accounts:

  • One driver was killed and another hospitalized after a three-vehicle crash on Dixie Highway, according to WDRB. Shortly before 12:30 p.m. on August 9 in the 13100 block, a woman driving a car in the southbound lanes crossed into the northbound lanes. Police didn’t know why she took that action. She struck another vehicle head-on, causing it to hit a pickup truck behind it. The vehicle driver was taken to the University of Louisville Health Hospital, where he later died. The female driver was also injured in the accident 
  • Three people were killed after a two-car head-on crash in Breckinridge County on July 26 on KY 261, reports WAVE. Kentucky State Police state that Joseph Maynard was driving south when, for no known reason, he crossed into opposing traffic, striking a vehicle driven by Hunter Lyons. Maynard died before he could be transported to a hospital. Lyons and a one-year-old passenger died at the scene. Another passenger was injured and taken to the University of Louisville Health Hospital

The Kentucky State Police report that in 2023, head-on collisions made up 3.2% of all reported vehicle accidents but caused 38.2% of vehicle accident fatalities. These accidents are especially deadly because so much force is released when two vehicles speed towards each other collide.

Why Do Drivers End Up Going the Wrong Way?

As you can see from these accidents, the exact cause is unknown because the driver in the oncoming lane didn’t survive the crash. It’s not unusual for more than one mistake to result in negligence, causing a vehicle accident. But there are many possible explanations, including the following:

1. Poor Road Design and Markings

Lane markings may be faded or unclear. A highway exit ramp may not have a “do not enter” warning sign. A driver may become disoriented, especially in poor lighting conditions or bad weather. Road construction or maintenance projects may have confusing detours and lane shifts.

2. Driver Distraction and Fatigue

Anyone distracted behind the wheel is an accident waiting to happen. It just might end up with the person driving the wrong way and striking another vehicle. The person is checking their smartphone, eating, or talking to a passenger. Distractions are more likely if the driver is also fatigued or drowsy. A sleeping driver wouldn’t know their vehicle drifts into oncoming traffic

3. Misjudging Curves and Turns

Driving on curvy roads or through sharp turns is another situation where vehicles can end up in the wrong lane. On winding roads, especially in rural areas or mountainous regions, drivers sometimes misjudge the radius of a curve, causing them to drift into the opposite lane. This can be more dangerous when the road is narrow or when the driver is traveling at high speeds. In these cases, the lack of familiarity with the road can exacerbate the problem, and the driver may not realize they’re about to enter the wrong lane until it’s too late.

Additionally, when navigating unfamiliar roads, a driver might inadvertently make the wrong turn at an intersection and end up on the wrong side of the road. Confusing intersections, particularly those in cities with older street layouts, can lead drivers to make errors without fully realizing it.

4. Impaired or Drunk Driving

Impaired driving is a major contributor to this issue. Alcohol and drugs can severely affect a person’s coordination, depth perception, and decision-making abilities, making it difficult for them to stay in their lane. A person under the influence might not realize how far they have drifted, or they might even believe they are driving straight, when in reality, they are veering into oncoming traffic.

Drunk driving has been the cause of numerous accidents, and this kind of dangerous driving behavior is often at the heart of wrong-lane incidents. Even small amounts of alcohol can impair a driver’s ability to stay in their lane, leading to disastrous results.

5. Confusion with Lane Merging or Lane Splitting

In some cases, drivers may inadvertently drift into the wrong lane because they misunderstood a lane merging situation. This is often seen in cases where highway ramps merge into main roads or in areas with multiple turn lanes. In these high-pressure situations, a driver may panic and make a sudden decision that results in their vehicle moving into the wrong lane.

On highways and busy roads, lane splitting—particularly when driving next to large vehicles such as trucks—can also lead to confusion. A driver might attempt to maneuver around a vehicle and end up in a space reserved for oncoming traffic, believing that the road is clear.

6. The Role of GPS Systems and Technology

While GPS systems are meant to guide drivers and make navigation easier, they can sometimes contribute to wrong-lane driving. A GPS may direct a driver to turn left or right at the wrong moment, or it may misinterpret a road closure or detour, causing confusion. Drivers who rely too heavily on their devices without paying attention to road signs or markers are more likely to make mistakes, particularly in complex or unfamiliar areas.

7. Aggressive or Reckless Driving

Finally, aggressive driving or reckless behavior can contribute to a vehicle traveling in the wrong lane. Speeding, tailgating, and not following traffic signals can make it more difficult for drivers to maintain control of their vehicle. Some drivers might be in such a rush to pass others or gain an advantage on the road that they take dangerous risks, such as veering into oncoming traffic in an attempt to overtake another vehicle.

If you or a loved one has been harmed in a wrong-way accident, 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.

A-Pillars Show There’s No Free Lunch When It Comes to Safety

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Vehicle manufacturers face many competing demands, so they must make compromises. Making one thing safer may make something else less safe. One example is A-pillars in vehicles. Product safety is often a complex issue, but this varies depending on what’s at issue and what makes the product unsafe.

If you’re in a vehicle accident, many factors may have led up to the crash. One of those things is a defective product, which could be a vehicle or a part of it. We thoroughly investigate our clients’ vehicle accidents to determine who’s responsible and how they might be held liable. If you’re injured in a car accident and want to learn more about your rights, call Satterley & Kelley, PLLC at 855-385-9532 today.

What Are A-Pillars? What Do They Do?

An A-pillar is the strip of metal at the end of the windshield to the left of the driver. It and the other pillars connect the roof to the rest of the vehicle. It must be narrow enough to allow the driver to see as much as possible, but strong enough to prevent the roof from collapsing if the car rolls over.

What’s the Problem With A-Pillars?

The wider it is, the bigger the blind spot to the driver’s left. It can make seeing pedestrians and other vehicles more difficult, especially at intersections or when the driver wants to make a left turn. This can cause a collision with a pedestrian, cyclist, or another vehicle.

Bloomberg reports that A-pillars have gotten wider over time, making this situation worse and increasing the risk of a collision. It may be a reason why cyclists and pedestrians are getting killed in vehicle collisions at record-setting levels.

Car companies in the past wanted A-pillars to be as slim and unobtrusive as possible. This gives a driver a better view of what’s going on and gives more leeway in making a sleeker, more attractive design.

But narrow pillars leave little to keep the roof in place if there is a violent accident that causes the car to roll over. If a vehicle roof collapses onto occupants, crippling or fatal injuries could easily occur.

Rollovers weren’t major concerns for federal vehicle safety regulators in the 1960s and ’70s, when the focus was on protection against frontal and side collisions. Most vehicles sold during this time were sedans, coupes, and station wagons with low centers of gravity. They were unlikely to flip over in an accident.

Starting in the 1980s, larger SUVs and pickups became big sellers. Their height, weight, and power made rollovers more likely and dangerous. Rollover crash fatalities surged 35% in the 1990s, sparking personal injury lawsuits and media coverage of the problem.

The National Highway Traffic Safety Administration (NHTSA) in 2005 proposed a higher minimum roof strength standard. It became a rule that vehicle manufacturers had to follow four years later. It requires roofs of new vehicles to be able to handle three times the vehicle’s unloaded weight, which was twice the prior standard.

Manufacturers had different options, including the following:

  • Use of stronger steel
  • More vertical A-pillars
  • Bigger A-pillars

A-pillars have grown wider in the last 20 years, due to federal rules, the popularity of heavier SUVs and pickups, and the need to support more slanted and aerodynamic windshields. These bigger, stronger A-pillars may be doing their jobs as rollover deaths seem to be declining, but several other factors may be at play.

Protecting Vehicle Occupants While Putting Others at Risk

A wider pillar obscures a bigger section of the roadway. A 2022 Insurance Institute for Highway Safety study found that SUVs and pickups are more likely than smaller vehicles to hit pedestrians when making left turns. A-pillars were cited as a probable cause. A 2007 paper showed a possible connection between A-pillar thickness and lane change crashes.

The European Union limits how A-pillars obscure a driver’s vision, but there’s nothing similar on the horizon in the US. Changing safety rules requires a cost-benefit analysis. The NHTSA would have to conclude that shrinking A-pillars by a given amount would save a certain number of lives. Currently, there’s no research establishing that.

Speak To a Satterley & Kelley, PLLC Accident Lawyer Today

If you or a family member is injured as a pedestrian, cyclist, or motorist in an accident with a vehicle, we want to hear from you. We can help you recover the full and fair compensation you deserve. Let us be your boots on the ground and guide you through the process.

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.