Johnson and Johnson Asbestos, asbestosdefinition.com | Following all the mesothelioma cases, Johnson and Johnson asbestos case takes global attention now. This decades old brand surprisingly faces serious accusation on one of its legendary product, the talcum powder.
Claimed to be clean, thousands of sue mentioned the contrary about this company. So, is there asbestos in Johnson & Johnson’s baby powder?
Learn a Little about Asbestos
Before we jump into discussion about Johnson and Johnson asbestos case, we need to understand first what is asbestos and why it is such a viral issue today.
Asbestos refers to a category of several minerals. There are at least six natural minerals that are categorized as asbestos. These minerals are natural occurring. All of them share similar shapes and form. While they can be pulled into fluffy form, their natural shape is actually disturbing. They all have fibers which shape is thin and sharp like a needle. We can already see how disturbing the Johnson and Johnson asbestos from here.
Asbestos is resistant to corrosion, electricity, and heat. This natural character makes it useful for so many of things like for insulator, and for making so many products including plastic, cement, and even cloth. So maybe, there is asbestos baby suit as well. As we can guess now, Johnson and Johnson asbestos issue is about the company uses asbestos on its product.
So what’s the issue then if the minerals are so useful naturally? The problem is on those fibers. When someone exposed on asbestos, they can inhale the fibers. The fibers, then, stay in the lungs tissue, and there is no way to remove that. In decades, these fibers already caused serious inflammation that can grow worse into tumor as well as cancer. So, now we can see how serious Johnson and Johnson asbestos issue can be.
People Who are Commonly at Risk for the Side Effects
The very side effects of asbestos are ones that make the Johnson and Johnson asbestos case a serious thing. There are several diseases that are closely related to asbestos. It includes laryngeal cancer, ovarian cancer, asbestos lung cancer, and mesothelioma, which is the most common one. So yes, the side effects of asbestos exposure include these diseases.
According to the information displayed by Agency for Toxic Substances & Disease Registry, there are at least 27 million people that were already exposed to asbestos during the period in the year 1940 to 1979 alone. Several occupations are considered prone to the exposure. It includes:
- Electricity service
- Heavy industry
- Fire fighting
- Ship building
- Military service
Unlike in Johnson and Johnson asbestos case, these people are exposed at work without their own choice or voluntary attitude. They have no choice. It happens while they work without them knowing it. For example, those who served in the navy back in 1930s to 1970s are mostly exposed to asbestos. Often, they had the asbestos dust with them when they went home.
Then, as in Johnson and Johnson asbestos case, people at home were exposed too. We now know what is called as second hand exposure with this. In short, almost everyone is prone to the exposure, and the side effects are haunting everyone.
The interesting fact about Johnson and Johnson asbestos lawsuit is on how the asbestos effects isn’t brought by the employee, but by the products. It is rather different to what has happened so far, and we’ll get to it.
Asbestos in Talcum Powder, Side Effects, and Risks
As hinted before, Johnson and Johnson baby powder lawsuit is more about the product that environment of work. Long story short, there is an indication that this brand’s baby powder or talcum powder has asbestos in it. The big question is, does baby powder have asbestos in it?
Talc is actually a mineral. It is usually crushed to make even finer powder and it is the softest mineral already. Talc is used in so many products including baby powder as well as cosmetics products. Baby powder is extremely popular as it contains talc, so it absorbs all possible moisture. This is how parents preventing rashes on their baby.
The problem is talc is often naturally mixed with asbestos in nature. Often, the talc used in industry contains asbestos. Here is when things get more complicated. Johnson and Johnson asbestos issue also indicates that baby powder aren’t safe anymore. Is there asbestos in talcum powder?
According to a study done recently, there is definitely asbestos on certain baby powder of a brand. These researches also conclude that this baby powder can potentially cause mesothelioma on some people when inhaled. So if the Johnson and Johnson asbestos issue tries to say something to us, probably, it is that Johnson’s baby powder side effects exist due to this fact as well.
Imagine treating your infant with most reputable brand of baby powder, and now, it potentially contains asbestos. This baby powder can be inhaled by you and your baby, and with time, it can cause mesothelioma or other possible cancer. Before drawing any conclusion, let’s learn more on the Johnson and Johnson asbestos case.
Johnson and Johnson Asbestos Case Start
The case is actually a serious and attention grabbing case since years ago. The issue wasn’t new at all. Before any class action lawsuit talcum powder is raised against Johnson & Johnson’s, a particular cosmetic brand called Claire’s suffers the same lawsuit. This brand needs to recall their talc based products, which is major step for this teenager makeup brand.
Claire’s continued by making new commitment to destroy their existing supply of these products, and to stop producing any more products that are talc based. Since then, case is closed. Yet, things don’t go that well with Johnson and Johnson asbestos case. The issue has been on for almost decades now.
According to an investigation done by Reuters, back in 1999, a mother of two called Darlene Coker put a lawsuit against Johnson & Johnson. With her personal injury lawyer Herschel Hobson, she tried to make an appeal as she struggled for mesothelioma. Working as her massage school, she couldn’t understand where she got the cancer from. Then, she realized that she used the talcum powder of this brand a lot.
This is the first Johnson and Johnson asbestos case that comes to public. However, Coker failed to make an appeal as they don’t have strong evidence against Johnson & Johnson. The company denied that their talcum powder contain asbestos. Hence, Hobson didn’t get the internal records of the company as well as the test result he requested. Coker needs to fight mesothelioma with nothing.
Johnson and Johnson Asbestos Based on Research
Reuters made serious investigation on this Johnson and Johnson asbestos case. Two decades after Coker and Hobson, more documents and records can be studied. Reuters highlight several intriguing facts on Johnson and Johnson baby powder ingredients, asbestos contamination, and more.
- During 1970s to 2000s, Johnson & Johnson’s has been testing its talcum based products. Several times of the entire tests come up with result that their talcum powder contain asbestos. On the other times, there is no asbestos in it. So, is Johnson and Johnson baby powder asbestos free? It’s definitely not.
During the period all responsible personals including lawyers, doctors, scientists, mine managers, and the executives worried about this. Yet, they failed to make any disclosure to public or related regulators.
- According to 1957 and 1958 reports, Johnson and Johnson asbestos was found. Johnson and Johnson talc powder was described as needle like and fibrous. It contains tremolite, which is one of six minerals categorized as asbestos.
- The company claim to find no asbestos on their samples to FDA in 1976 when the organization tries to limit asbestos in industry. This is a serious Johnson and Johnson scandal now, because the company didn’t disclose that three different tests from tree different labs showed that their talcum powder contains asbestos. One of the test results mentioned that the amount of asbestos on the sample is pretty high.
So far, the research warns worrying fact that the company knew this all along since the first Johnson and Johnson response to baby powder case with Cocker. Several findings were reported as none, and they don’t disclose the finding to related regulators. This disgusting behavior is based only on one aspect which is business. In addition, J&J response to reuters was nothing.
Mount Sinai Research
There was no legit relation between Johnson and Johnson cancer or Johnson and Johnson mesothelioma so far because there was no strong evident the company can’t deny. It was like this until Mount Sinai Hospital Research team made some findings. Here are several key facts we need to know:
- This team was researching the cause of asbestos existence on post mortem bodies in New York while these people never worked around it. This team was lead by Irving Selikoff and they shared their findings to Nixon administration and to public through a press conference. The team found two unspecified brands of talcum powder contain the mineral, asbestos.
- Jerome Ketchmer, the chief of NYC environmental protection is the one who helped the team to informed the Nixon administration and calling a press conference.
- During FDA inquiries, the company still deny the fact that Johnson and Johnson asbestos.
- One of Mount Sinai researchers and a mineralogist, Arthur Langer, sent letter to the company stating that they found a small dose of asbestos on the baby powder.
- These three people, Selikof, Ketchmer, and Langer were added on an antagonist list by the company, with Selikof is the leader on this talc attack movement in 1972.
Since this finding, Johnson and Johnson asbestos became more noticeable. Does Johnson and Johnson still have asbestos? Considering all of the frets, we should probably consider the company improved their products. But, they didn’t. So, the talcum powder still contained asbestos during the time.
More Development on the Case
There are several more developments on the case though. The following changes should be noted:
- The company sent a researcher representative to FDA. It was in July 1971. The representative was to mentioned that there is less than 1% Johnson and Johnson asbestos.
- A private lab in Chicago found insignificant amount of Johnson and Johnson asbestos.
- During the same year, the company lawyer told Reuters that the tremolite found in the baby powder sample wasn’t asbestos.
More similar findings were made the following years. There would be finding on the existence of asbestos, and the company kept on denying the fact, or underlying the statement that the amount is insignificant. Johnson and Johnson asbestos case has been a never ending story until today.
Successful Cases by Plaintiff
While it seems impossible to win an appeal against this company, there are thousands of plaintiffs who file to the court. The amount of cases is too enormous and it makes Johnson and Johnson asbestos noticed globally until today.
Unlike the 1970s period that was filled with hustle, the 2000s shows more result on the plaintiff side. Not only Johnson and Johnson lawsuit 2018, there are more years with winnings too.
- According to New York Times in March 2019, a San Leandro resident, Ms. Leavitt received $29 million of verdict against this company. This California talc verdict is among the largest so far. The jury at the Alameda County Superior Court found the company guilty of negligence.
Ms. Leavitt suffers from mesothelioma due to her 30 years use of the talcum powder. In detail, the verdict gives $22 million for Ms. Leavitt pain, $1.2 for wages she lost, $1.3 million to support her medical treatment, and $5 million for her family as compensation. This Johnson and Johnson talc verdict is beyond satisfying.
After this verdict, Johnson and Johnson stock drops to 1% on the market, which should be.
- In Missouri, there are around 22 women who received, in total, $4.69 billion verdict on the same case. The talc trial may have been ugly, but they get what they deserve in the end. They claimed to suffer from ovarian cancer due to their use on the brand baby powder.
- The Kazan McClain Satterley and Greenwood report also needs to be noted. The recent news reports that the firm law mesothelioma wins against Johnson & Johnson. The case of Lanzo v. Johnson is ended after three months of trial against the company. The jury decided to give the final verdict to the plaintiff in amount additional $37 million along with $25 million against the Talc America, Inc., and $55 million against Johnson & Johnson.
Johnson & Johnson’s Failure We Need to Notice
Johnson & Johnson is a huge company with already decades of serving the market. It is shocking for all that the particular brand actually gets into this criminal probe case. Johnson and Johnson asbestos reddit gets even more popular as the case catch global attention until today. Despite the company previous reputation, there are several attitudes we need to note though:
- Since the 1970s, Johnson & Johnson knew that their talc based products contain asbestos. Still, for the sake of the company, they keep the records and research results, and publish only the “safe” version.
- This company also constantly denied the claim that their products contain asbestos from time to time. They also sent representatives to regulators or necessary party to provide only information they want to share instead of stating and admitting the fact. This attitude is a form of covering up their fault.
- This company purposely hid Johnson and Johnson asbestos report, records, and research results showing that their talcum powder contains asbestos. This action has been done most probably to save the company, which in result, endangering thousands if not millions of customers.
- Even though there are winning cases, this company is known to be harsh in defending their claim of being a safe product. There are other cases too in which plaintiffs weren’t so lucky. Many need to accept their failure on trial. As for those who win, this company tends to make an appeal again. Several of the winning cases are waiting for the pending appeal requested by Johnson and Johnson.
We can also assume that Johnson and Johnson doesn’t have the intention to admit that their talcum products can endanger people. This shouldn’t be an issue if they support their argument with defending research result. While all available results show that their baby powder contains asbestos, being insist of safe brand only shows their negligence towards their customers.
Personal Injury Lawyers Role
This asbestos case is serious as it affects so many people due to the so many use of the mineral. The most challenging situation is that the company you are suing is possibly ready with the lawsuit. They tend to hide records for their own sake, and they hire pretty great lawyers to defend them.
However, several asbestos verdicts 2017 and the following years are far more satisfying. One of the most influential factors of this winning is on the lawyers. Here are several factors why you need a lawyer if you want to make it on the Johnson and Johnson asbestos trial:
- Plaintiff needs to submit some evidences and these aren’t available for free. Your lawyer can help you get the evidence in a strategic way, so the company you are suing has the responsibility to submit all necessary reports and records. These documents will be one of your evidences.
- Your lawyer knows all the regulations related to the case. They help you set the right foot, making the right step on trial, and defend you with strong bases.
- Your lawyer has experiences. They know when a company tries to swept you away from the trial and make sure you don’t appeal. Your lawyer knows how to prevent this and how to make your appeal good in court.
- Your lawyer work with all the legal details so you can focus on your life and family. So if you suffer from asbestos related diseases now, you can focus on the treatment instead of focusing on this war. Still, with lawyers, your chance of winning is bigger.
How to File an Appeal
Since the Johnson & Johnson case, those who use talcum powders or other talc based products start to feel alarmed. There are at least 2,400 of this case that are still on pending status. With this fact, many people start to wonder about talcum powder lawsuit statute of limitations.
Here is a little explanation to this.
- Each state can use different statute of limitation for talcum powder case. You need to find out more how it is on your state. If you want to file Johnson and Johnson asbestos Australia, you may need to check on the limitation first as well.
- In most states, but not all, the common limit for wrongful death is around one up to three years. It is going to be five to ten years for product liability.
Now, let’s try to use this limitation for more practical guide. Let’s say you want to file for product liability and you have only six years of limitation. This is 2019 so you need to already know the potential link between your diagnosis and the product since 2012. If your diagnosis was made in 2011, you need to renew it. Take another test for diagnosis. If you plan to file for wrongful death, they year should be 2017 or later.
As mentioned before, check on your state limitation because it can be slightly different between states. Checking on the limitation makes sure you know your timeline so your appeal can be processed as you expect it.
In sum, Johnson and Johnson asbestos case has created serious problem. This company seems to be unwilling to help the plaintiff, although this is logical as well. The cases are still ongoing, so it should be safe to stay away from the products until later notice.
https://www.reuters.com/investigates/special-report/johnsonandjohnson-cancer/ (NEEDLE IN HAYSTACK bundless (top, center) and a single fiber (bottom) that a plaintiffs’ lab found in a 1978 bottle of Baby Powder from J&J’s corporate museum show the telltale needle-like shape of asbestos. Photo courtesy of Mark Lanier.