Monthly Archives: October 2018

Children of Mesothelioma Patient Win Right to Continue Wrongful Death Claim After Father’s Passing

 The adult children of a man who passed away from mesothelioma recently won a huge court victory when an appeals court upheld a lower court’s ruling allowing the group to proceed with their own wrongful death claims against asbestos companies they say are responsible for their father’s passing. The case is another classic example of asbestos companies and other negligent parties avoiding responsibility for their indifference to public safety and compensating victims and their families for the harm incurred.

The case began years ago when the plaintiff filed his mesothelioma cancer lawsuit in a California Superior Court against several defendants, accusing the group of manufacturing and marketing asbestos contaminated products that caused his mesothelioma cancer diagnosis. The plaintiff was able to settle his asbestos cancer claims with all but two of the defendants, Elementis Chemicals, Inc. and Union Carbide Corporation (UCC), and eventually went to trial to hold the remaining parties accountable.

The jury eventually ruled in favor of the plaintiff, apportioning some of the blame to Elementis Chemicals and UCC, for which the two defendants would receive some credit since other parties already settled cases with the plaintiffs, effectively reducing the amount they owed the plaintiff. During an appeal, the victim passed away from mesothelioma and the plaintiff’s wife was able to settle the claims with Elementis Chemicals.

However, during the appeal, the plaintiff’s adult children filed their own wrongful death claims against Elementis Chemicals for the loss of their father’s company. The defendants claimed the plaintiff’s wife was acting on behalf of the deceased’s estate as well as the children and they should be forced to abide by the terms of the settlement reached with the deceased’s spouse.

The case made its way to the California Court of Appeals where the justices hearing the case dismissed the defendants’ argument, holding that the agreements reached between Elementis Chemicals and the plaintiff’s spouse could not negate the childrens’ claims. The justices also pushed back on the defendants’ assertion that the surviving children should try to recoup any of the settlement money from the plaintiff’s wife.

While wrongful death and survivor action claims vary from state to state, the law generally gives rights to the estate of deceased persons who pass away due to the negligence of another party. Either family members can file their own claims for the loss of companionship and support of a loved one or effectively continue the claim for the deceased’s injuries on his or her behalf. Depending on the situation, mesothelioma cancer lawsuits can recover compensation for lost wages, pain and suffering, and medical bills.

Arizona Mesothelioma Lawyer

 If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.

Johnson & Johnson Faces Three More Talcum Powder Asbestos Cancer Trials

Pharmaceutical and cosmetics giant Johnson & Johnson is facing three more asbestos cancer lawsuit trials across the country over allegations that the company’s talcum-based products caused various types of cancers developed by the plaintiffs. Johnson & Johnson and its talc supplier, Imerys Talc USA, have recently lost a series of trials in which juries handed down substantial verdicts in favor of plaintiffs to compensate the victims for their mesothelioma cancer diagnoses.

In California, attorneys for both sides will soon give their closing arguments in an asbestos talcum powder cancer trial in a Los Angeles Superior Court room. In that case, the plaintiffs represent the estate of the cancer victim who allegedly passed away from a mesothelioma diagnosis brought on by years of using talcum powder products produced by Johnson & Johnson and sourced with materials from Imerys.

In South Carolina, Johnson & Johnson will soon give its opening statements in a talcum powder asbestos cancer lawsuit and will do the same a week later in a Middlesex County Superior Court in New Jersey. Those two upcoming trials also allege that Johnson & Johnson and talc supplier Imerys Talc USA knowingly produced and sold talcum powder products contaminated with asbestos fibers.

While talc itself does not contain asbestos, the two minerals are naturally forming and often found in deposits side by side one another, which creates the real possibility of asbestos contamination if special precautions are not taken. Once used in a variety of industrial and commercial applications for its heat resistant properties, asbestos has been heavily regulated by the federal government since the 1970s because of the health consequences associated with exposure.

Asbestos exposure is directly linked to mesothelioma, a rare and deadly form of cancer that usually affects thin linings of tissue surrounding vital organs like the heart, lungs, and abdominal cavity. Despite worldwide research efforts to fight the disease, there is no definitive cure for the disease, and the cancer’s long latency period means patients are often left with diminished treatment options by the time doctors make a diagnosis.

Even though nothing can undo a mesothelioma cancer diagnosis, victims can file asbestos cancer lawsuits to recover vital compensation to pay for medical treatment and hold companies like Johnson & Johnson responsible for knowingly producing a carcinogenic product. After a recent trial in Missouri, a state court jury awarded 22 plaintiffs and their family members a combined total of $4.69 billion in compensatory damages and punitive damages in their claim against Johnson & Johnson. The trial judge in that particular case also upheld the jury’s award, finding no reason why the verdict should not stand.

Arizona Mesothelioma Lawyer

 If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.