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Mesothelioma Victim Wins Millions in Johnson & Johnson Case

Johnson & Johnson is almost synonymous with baby products, and an untold number of families in South Carolina use their products on a regular basis. Unfortunately, their popular baby powder product may not be as safe as the company claims. One consumer developed mesothelioma after many years and thousands of applications, and recently won $25.75 million in damages.

The woman claims that she used Johnson & Johnson brand baby powders for years before developing cancer. As a frequent bowler, she typically dusted both her hands and her bowling shoes with the powder. Her suit also asserts that she used the company’s baby powder to help fight diaper rashes when her children were little. Court experts estimated this amounted to at least 10,000 individual uses.

Although asbestos — which causes the dangerous cancer mesothelioma — is not an ingredient in baby powder, experts believe that the mineral talc is to blame. Talc is usually mined in close proximity to asbestos, and cross-contamination is not necessarily uncommon. Johnson & Johnson claims that none of its baby powder has contained any asbestos since the 1970s, and does not believe that its product is to blame for the development of cancer.

This woman is not alone in her claims, though. Another out-of-state woman and her husband filed a suit on behalf of the man, who developed mesothelioma after using talcum-based baby powder for decades. They were awarded $117 million, but the company is appealing the decision. Another case is currently being fought in South Carolina after thousands of women allegedly developed ovarian cancer from using baby powder.

Consumers should be able to safely use products as advertised without fear of cancer or other ill-effects. Sadly, many people have developed mesothelioma from using asbestos-tainted products, and must suffer the emotional and physical trauma for the rest of their lives. Seeking compensation from companies that disregard safety in lieu of profits can help victims achieve a sense of justice, and may also force these companies to implement changes that protect future consumers.

Source: CNN, “Johnson & Johnson hit with $25.75 million verdict in talc-asbestos case“, Jen Christensen, May 24, 2018

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Mesothelioma: Did Your Job Make You Sick?

The United States is definitely a country that was built upon the labor of its citizens. Whether you live in beautiful South Carolina or another part of the nation, it is logical to assume that somewhere nearby, you can find active signs of labor or vacant structures that give glimpses of industries that closed their doors long ago. Perhaps you have served on a ship in the U.S. military or worked in a textile mill. The fruits of labor can be seen throughout the nation. Sadly, however, so can the downsides, such as those now suffering from mesothelioma or other illnesses caused by asbestos exposure.

You may have experienced symptoms before you received an official diagnosis that mesothelioma, a rare cancer, had taken hold inside your body. You likely were unaware that you had ingested microscopic fibers from asbestos in your workplace. As years passed, those fibers may have developed into the illness that now causes you to cough and suffer from chest pain and other bodily discomfort.

Science has shown that no amount of exposure to asbestos is safe. That’s why there are regulations obligating employers to inform workers of potential hazards when they are aware of them on the job. It is also your employer’s responsibility to provide proper training and equipment to help keep you and co-workers as safe as possible.

It is tragic that many people suffering from mesothelioma and other asbestos-related diseases in South Carolina and throughout the nation worked for employers who were well aware of the dangers but failed to fulfill their legal obligations to keep their workers safe. Many of these situations have led to litigation. If you would like to discuss a particular issue with someone well versed in the laws that govern such matters, you can request a consultation with Richardson, Patrick, Westbrook & Brickman, LLC.

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Asbestos Litigation Ongoing Regarding Punitive Damages

New headlines still abound with stories regarding a major jury verdict that held Johnson & Johnson liable for more than $100 million in damages for asbestos-related injuries. The manufacturing conglomerate is now battling plaintiffs in a separate state, where are attorneys are arguing for punitive damages on behalf of their clients. The ability to seek punitive damages in asbestos litigation is not something all states allow. South Carolina residents with questions about such issues may seek answers by reaching out for legal support.

In the state where this particular case is being heard in a specialized court, punitive damage petitions were banned in asbestos cases in the late 1990s but were once again allowed as of March 2018. Not everyone is happy about that, and some are appealing the decision in a higher court. Their opinion is that companies that may no longer exist should not be held liable for conduct that occurred many years (perhaps even decades) ago.

A man in New Jersey was able to obtain $80 million in punitive damages because he contracted an incurable cancer known as mesothelioma from using talcum powder in his regular hygiene habits for many years. Attorneys seeking punitive damages in the specialized court are located in New York. Johnson & Johnson has come out fighting, stating punitive damages are reserved as punishment for egregious conduct, which, in their opinion, does not apply to the situation because it can’t be proved that the company knowingly sold products containing asbestos.

To discuss laws pertaining to compensatory or punitive damages in South Carolina asbestos litigation, a potential plaintiff may want to arrange a meeting with an attorney experiences in such matters. Many diseases related to asbestos exposure are incurable. Families impacted by such issues have a right to pursue justice for the suffering they have endured when human negligence caused their situations.

Source: Forbes, “NYC Asbestos Firm Hopes To Continue $117M Hot Streak, Again Seeking Punitives From J&J“, Daniel Fisher, May 8, 2018

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New Bill Would Limit Indiana Mesothelioma Victims’ Rights

Mesothelioma is a type of cancer with one known cause: Exposure to asbestos.

When someone is diagnosed with mesothelioma, asbestos exposure decades ago can usually be pinpointed. Often, this exposure occurred in a work setting.

A mesothelioma diagnosis is devastating to the victim and family members, but many find closure by pursuing a legal claim against the company that exposed its workers to asbestos.

In 2016, the Indiana State Supreme Court upheld a previous court ruling that allowed mesothelioma victims to pursue a claim long after the exposure occurred. Due to the unique nature of this cancer – the fact that it usually takes decades to fully develop – this allowed mesothelioma victims in Indiana to seek legal help at an appropriate time.

But a new bill that is going through Indiana’s General Assembly could undo the Supreme Court’s ruling. The bill would reinstate the statute of repose – which means victims would only have 10 years from the date of exposure to file a claim.

This is problematic because mesothelioma is often diagnosed several decades after asbestos exposure occurred. This could greatly limit the rights of mesothelioma victims who are seeking legal recourse in Indiana.

Additionally, the bill would limit individuals whose diagnoses occurred more than 15 years after asbestos exposure. Again, this is rare, since mesothelioma is diagnosed so much later than when the asbestos exposure occurred.

If the bill passes, Indiana will be the only state that restricts mesothelioma victims in this way.

Victims should be able to seek legal recourse after a mesothelioma diagnosis, no matter when the asbestos exposure occurred.

If you or a loved one has been diagnosed with mesothelioma, talk to one of our attorneys in a free consultation. We represent clients nationwide.

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Support is Available for Those Suffering Asbestos Exposure Injury

The dangers associated with naturally occurring fibrous materials known as asbestos were not always so widely known. In fact, many industries regularly used asbestos in construction and to manufacture various products. Asbestos has flame retardant properties that made it a desirable component in the manufacture of insulation and other types of materials, sometimes even including clothing. Asbestos exposure continues to pose great risks to workers and residents in South Carolina and beyond.

The use of asbestos is greatly restricted nowadays; however, many older homes and buildings or products still contain the microscopic particles that can get lodged in a person’s lungs, causing irreparable damage that often leads to fatal illness. People suffering from such illnesses often remain unaware of their diseases until long after their initial asbestos exposures took place. Those who worked in shipyards, refineries or textile factories are at high risk for such illnesses.

Thankfully, medical science now provides the tools necessary to help diagnose asbestos-related illnesses. The first signs of illness often include chronic chest discomfort, unexplained coughing or severe fatigue. Once a formal diagnosis is made, palliative treatment can be provided to help a patient find relief for his or her symptoms.

Many asbestos exposure incidents lead to litigation. Such incidents are often preventable and determined to have been caused by one or more parties’ negligence. Richardson, Patrick, Westbrook & Brickman, LLC, has successfully guided many South Carolina asbestos injury victims through the process of seeking legal accountability against those deemed responsible for their suffering.

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Why is Asbestos so Dangerous?

We recently published a Slideshare explaining why asbestos is so dangerous to the human body. Please view the presentation and contact us with any questions you may have about mesothelioma.

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Mesothelioma One of Many Dangers Associated with Asbestos

Even though laws exist nowadays to greatly restrict the use of asbestos, the dangers and potential risks associated with the product remain present throughout South Carolina and the rest of the nation. Certain locations, such as old schools, libraries, factories and other buildings, are high-risk asbestos areas. Then again, there are hazards associated with newer products as well, such as cosmetics and many children’s toys on the market today. The greatest danger known to be related to asbestos exposure is mesothelioma, an incurable cancer.

Asbestos is often used because of its fire-retardant properties. Studies show the risk for injury associated with the microscopic particles in asbestos are much lower if the item or area containing it is left undisturbed. However, if it is crumbled or otherwise disrupted, anyone in the vicinity is at risk because unseen microfibers released into the air may be ingested or breathed in, perhaps becoming lodged in a person’s lungs and slowly developing into a fatal respiratory illness.

Many stories have recently made national news headlines regarding accusations against certain stores whose products are geared toward children. The accusations state that some products may have dangerous levels of asbestos. Thus, parents are cautioned to research the topic in order to make well-informed decisions about the toys and cosmetics they purchase for their kids.

Mesothelioma, asbestosis and other asbestos-related illnesses necessitate expensive medical treatments, and many people’s illnesses are so advanced that they are no longer able to earn income. Some who suffer are already retired but contracted illnesses in factories, mines or steel mills, long ago. If you or your loved one believe you have grounds for filing an asbestos-related legal claim in South Carolina, you can reach out for support from Richardson, Patrick, Westbrook & Brickman, LLC.

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Widow of Mesothelioma Victim Says Asbestos Joke is Not Funny

In South Carolina and across the country, cancer has sadly taken its toll on many families. A particular advertisement for Snickers candy bars on the back cover of Sports Illustrated, meant to be humorous, has made the widow of a man who died from cancer very angry. That’s because the advertisement is a spoof about asbestos exposure. The woman’s husband died from mesothelioma, an incurable disease caused solely by exposure to asbestos.

The woman, who started an asbestos disease awareness organization after her husband’s death, says there is absolutely nothing funny about asbestos. The  Sports Illustrated edition features a bikini-clad model, who is also wearing asbestos-related safety clothing and equipment in addition to her bathing suit. A subtitle for the Snickers ad includes the phrase, “goddesses of asbestos removal.”

The widow, speaking out against the advertisement, said her husband was one of approximately 15,000 people throughout the nation who die from asbestos-related diseases each year. Although a lot of asbestos-laden products have been removed from buildings, such as schools, homes, libraries and factories, the microscopic particles can still be found on many work sites and in private settings. The United States happens to be the only industrialized country in the West that has not completely banned asbestos.

Signs of mesothelioma, asbestosis and other asbestos-related illnesses are not often immediately apparent. This means those in South Carolina or elsewhere who are afflicted may not realize they are ill until months, perhaps years, after their initial asbestos exposures took place. There is definitely nothing funny about such matters, and options are available for those in need of legal support.

Source: ewg.org, “Asbestos Is No Joke“, Linda Reinstein, Feb. 26, 2018

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Mesothelioma: A Slow-Developing Disease That May Be Work-Related

Many readers in South Carolina know what it’s like to feel a bit off in relation to their overall health conditions, but unable to place their fingers on the exact causes of their problems. Some suspect their feelings of fatigue, nagging coughs or chest pains have something to do with their working environments. In fact, many people currently suffer from mesothelioma or other respiratory illnesses and cancers that are direct results of having been exposed to asbestos on the job.

As in any health-related situation, it’s imperative to seek medical attention when symptoms suggest underlying illness. The problem with asbestos-related diseases, however, is that most are slow-developing. Symptoms may not be apparent until 10 years or more following initial exposures to asbestos.

Regardless of timing involved, if a person who has worked around asbestos-laden products thinks his or her ill-health is related to the job, that person can seek guidance from an attorney experienced in asbestos litigation. Sadly, treatment for illnesses such as asbestosis or mesothelioma tend to be palliative in nature because there are currently no known cures for these diseases. Ongoing medical care is quite expensive, and many patients are unprepared to meet such expenses.

Richardson, Patrick, Westbrook & Brickman, LLC, in South Carolina, can help you protect your rights in seeking compensation for damages related to mesothelioma or other illness caused by asbestos exposure. We believe in helping our clients obtain economically feasible assistance; this is why we provide asbestos litigation services on a contingent basis, meaning you do not have to pay us anything until we secure compensation in court on your behalf. If you would like to discuss a particular situation, you may use the contact form on our website to request a consultation.

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Mesothelioma: An illness Caused by Asbestos Exposure

From the 1940s through 1970s, many blue-collar American workers earned their livings in careers that exposed them to asbestos. This list commonly included construction workers, machine operators, pipefitters, boilermakers, trade laborers and mechanics.

Decades later, many have become sick with asbestos-related illnesses such as mesothelioma, a type of cancer in the lining of the chest cavity that usually proves fatal.

Asbestos found in homes, industries

Asbestos is a fire-retardant material and thermal and acoustic insulator often used in home construction and other industries. In the home and workplace, it can found in insulation around boilers, furnaces and pipes as well as household materials such as vinyl floor tiles, linoleum, roofing material and plaster.

When asbestos gets damaged, it can become airborne and its fibers easily inhaled. This is how many American workers became ill and were diagnosed with mesothelioma and other illnesses such as lung cancer and asbestosis. Symptoms include a dry cough, wheezing, shortness of breath, fever, fatigue and pain in the chest or abdomen.

The average age that a person is diagnosed with mesothelioma is 73. The median life expectancy of a person with this disease is from 12 to 21 months, and there is no known cure.

A number of at-risk occupations

The National Institute for Occupational Safety and Health notes that more than 75 occupational groups have exposed workers to asbestos. Here is a list of the occupations most at-risk for being exposed to asbestos. They include:

  • Construction workers: Many construction products contained asbestos before the 1980s. The most at risk within this group are demolition crews and home renovators.
  • Firefighters: Fires damage asbestos products, causing the fibers to go airborne. Asbestos also was used for protective firefighter clothing, helmets and boots.
  • Industrial workers: This group includes mechanics, trade laborers, chemical workers and machine operators, and has often been exposed to asbestos paper, textiles, gaskets, insulation and fireproofing.
  • Power plant workers: A study noted that asbestos was present in the sputum (mixture of saliva and mucus) samples of 33 percent of power plant workers.
  • Shipyard workers: An estimated 30 percent of mesothelioma lawsuits get filed by veterans and shipyard workers.

You just didn’t know that the work you performed years ago would expose you to such illnesses, and the symptoms would only arrive decades later. It doesn’t seem fair, but now your family must deal with the situation. You can hope that other families may learn from your story.

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