The costs of mesothelioma can be overwhelming. They can include income loss, expensive treatments that may not be covered by health insurance, plus pain and suffering for you and for your family. Because the disease is preventable – and because it is usually caused by someone else’s negligence – legal options may be available to help regain these costs.
Asbestos lawyers focus their practice on knowledgeably and effectively bringing to justice companies that exposed employees and the public to asbestos products.
A mesothelioma attorney can help you consider your options and file a claim against the company responsible for your asbestos-related illness. More than one company may be responsible. A mesothelioma attorney identifies all companies at fault.
Mesothelioma lawsuits have helped thousands of people receive financial assistance. A lawsuit can result in much-needed money to help reduce financial hardships during an illness and can also provide a more stable future for your loved ones. A lawyer specializing in asbestos litigation can help you seek compensation for expenses related to illness caused by asbestos exposure.
United States Bankruptcy Judge Christopher M. López of the Southern District of Texas has denied Johnson & Johnson’s $10 billion baby powder settlement proposal. This is the third time J&J’s bankruptcy strategy has failed in court.
If approved, J&J’s plan would have ended more than 60,000 ovarian cancer lawsuits. The company estimates each plaintiff with ovarian cancer linked to an asbestos-related disease would have received between $75,000 and $150,000 through the plan.
The deal would also have ended any similar lawsuits in the future but would not have affected any remaining mesothelioma lawsuits. J&J claims to have settled 95% of the mesothelioma lawsuits that have been filed.
Plaintiffs with mesothelioma have pursued their legal claims through the traditional court systems to seek compensation. With the failure of J&J’s settlement proposal, plaintiffs with ovarian cancer will also continue to pursue their cases in court.
Why Did Judge López Rule Against J&J?
According to Judge López’s ruling, the settlement was rejected for several reasons. These include unfair legal protections, voting issues and concerns about justice for all claimants. The ruling states: “this case distilled to fundamental bankruptcy principles.”
Claimant votes were determined to be unreliable because some law firms cast tens of thousands of votes without getting permission from their clients. Also, many claimants didn’t have enough time or information to vote properly. Some votes were switched at the last minute, violating the voting rules.
In his ruling, Judge López also noted the settlement plan attempted to shield J&J, retailers and others from future talc lawsuits — even from individuals who didn’t consent. In this context, this type of forced legal protection, known as nonconsensual third-party releases, isn’t permitted under bankruptcy law.
Court findings state regarding J&J’s subsidiary, Red River Talc LLC, “There is no real company or jobs to save here.” Jude López’s ruling notes, “In the end, based on the Court’s on-the-spot evaluation, the prepetition voting and solicitation issues, the denial of plan confirmation, and the unique nature of this divisional merger case, there is cause to dismiss this case. There is not any one individual factor that requires this result. It is all of them together that require the Court to dismiss this case.”
The ruling also indicates a consideration was the amount allocated to current claimants. which might not leave enough for all future claimants. Instead of appealing, J&J says it plans to fight the lawsuits individually in court.
What Does J&J Plan to Do Now?
J&J says it plans to fight the outstanding ovarian cancer talc lawsuits in court. In a corporate press release, the company announced, “Rather than pursue a protracted appeal, the Company will return to the tort system to litigate and defeat” the remaining cases.
Erik Haas, worldwide vice president of litigation for J&J, was quoted in the press release as well. He declared, “We prevailed in 16 of 17 ovarian cases tried in the last 11 years and will devote our efforts to defeating these fake claims.”
Haas further claimed, “The Company reiterates that none of the talc-related claims against it have merit and attempts to resolve this litigation were aimed at moving past this issue. The decision to litigate every filed case is based on the simple fact that this is a fake claim created by greedy plaintiff lawyers looking for another deep pocket to sue and fueled by litigation-financed attorney advertising.”
J&J’s Ongoing Legal Battles Over Cancer Risks
On behalf of the company, Haas argues people’s claims that asbestos-contaminated talc in J&J’s products caused their cancer are “false, based on bad science.” The company continues to maintain its products are asbestos-free and safe.
J&J has spent approximately $1 billion on legal defenses of talc claims. Court documents reveal J&J knew its talc contained asbestos as early as the 1950s. Lab tests show asbestos in J&J talc from 1971 to the early 2000s, but the company never reported those findings to the U.S. Food and Drug Administration.
In 2020, J&J stopped making talc-based baby powder and switched to cornstarch-based ingredients after public concerns over safety increased. Talc forms near asbestos deposits, making it challenging to keep these minerals apart.
Asbestos is a naturally occurring mineral that is resistant to corrosion and heat. It’s the primary cause of mesothelioma and other asbestos-related diseases.
Asbestos testing with certified asbestos consultants and other experts has been ongoing since 2 wildfires – the Eaton and Palisades fires – blazed across California in January 2025. More properties that burned in the Eaton fire in Altadena, California, have now tested positive for asbestos, according to Senator Adam Schiff.
The U.S. Army Corps of Engineers reports about 50% of the properties damaged in the Eaton Fire have tested positive for asbestos. About 33% of properties burned in the Palisades Fire also tested positive for the toxic mineral that causes mesothelioma, ovarian cancer and lung cancer.
As of March 8, 2025, the USACE says 2,269 properties have been completely cleared of hazardous material. Crews have been carrying out asbestos abatement by hand before larger-scale debris removal efforts begin. Schiff says finding more asbestos nearby may change the cleanup timeline.
“There are a higher number of homes here in the Eaton Fire burn scar than in the Palisades, apparently, that have asbestos,” Schiff told reporters in Altadena on March 20. “So that affects the cleanup times.”
In total, California fire officials say at least 29 people were killed, more than 16,000 structures were destroyed and more than 37,000 acres burned. While concerns were raised about the latest test results’ impact on the cleanup timeline, the governor’s office officially announced “The cleanup following the Los Angeles fires is on track to be the fastest in American history…”
Asbestos Warnings and New Maps Identify Future Fire Risks
In February 2025, the Los Angeles County Department of Public Health warned residents, saying all homes within 250 yards of the wildfires’ burn sites are at risk of asbestos exposure, hazardous chemicals and heavy metals like lead. In January 2025, Altadena deputies were warned about the need to wear N95 masks to avoid inhaling airborne toxins like asbestos and lead.
According to newly released fire hazard maps, nearly 4 million Californians in the Los Angeles area are now in hazardous zones. The new maps created with field-tested models assign a hazard score based on fire likelihood and fire behavior. Other factors considered are blowing embers, existing and potential natural vegetation to fuel fires, predicted flame length, terrain, typical fire weather and wildfire history.
New fire hazard maps require newly built homes in hazardous areas to meet heightened fire-resistant building standards. Subdivisions must also be carefully designed to include adequate water supplies, built-in fuel breaks and several evacuation routes.
Legacy asbestos remains in an estimated 73% of structures in Southern California, according to the California Department of Forestry and Fire Protection. Asbestos in homes, schools, businesses and industrial buildings was common before asbestos building materials were phased out in the 1980s.
Fires that burn these older structures can quickly spread the carcinogenic material into the air miles from the source. Some California lawmakers are making a push to keep a closer eye on environmental toxins to avoid public health threats like asbestos exposure.
Lawmakers Call for Federal Action
Nearly a dozen California lawmakers in the Los Angeles area are asking the federal government to create a joint task force to monitor harmful pollutants the recent wildfires released into the environment. They say routine smog and air quality monitoring systems don’t check for potentially harmful impurities like asbestos, lead, chlorine, ash and other metals.
Members of Congress sent a letter to the administrator of the U.S. Environmental Protection Agency, urging the agency to assemble a task force. The proposed group would track all potential hazardous air, water and soil pollutants, regularly reporting its findings to the public.
The letter states: “Despite the fires, recent Air Quality Index levels in greater Los Angeles have ranged from ‘Good’ to ‘Moderate’ even with the threat of things like asbestos or lead in the air, because AQI does not measure all potential airborne wildfire-related pollutants. Residents are, therefore, unsure of the actual risks they face and confused by conflicting reports about how safe it is to breathe the air outside, which may lead to families not taking adequate protective measures.”
It continues: “This lack of full information could increase the risk of long-term negative health effects, especially among vulnerable populations like children, pregnant women and the elderly, regardless of whether or not people are in areas that have been directly impacted by wildfires.”
An abandoned asbestos mine in Baie Verte, in the Canadian province of Newfoundland, is slated for a significant environmental remediation project. BAIE Minerals, a company specializing in mineral upcycling, plans to initiate an innovative process to transform asbestos waste into usable resources.
The Advocate mine began operating in 1963, supplying asbestos for Johns Manville’s diverse products. When the mine closed in 1994, about 50 million metric tons of asbestos tailings remained. Asbestos tailings are leftover rock and waste from mining that still contain asbestos fibers.
The tailings pile towers 505 feet into the air and is almost 9 football fields long and 5 football fields wide. Airborne asbestos fibers released from these tailings have raised concerns among residents.
BAIE Minerals intends to address this through an initiative similar to the company’s remediation work involving nickel mine tailings in Australia. The Advocate mine project will also allow carbon in the air to be captured, addressing environmental and climate concerns.
Environmental Gains and Economic Opportunities
The proposed project offers dual benefits for environmental remediation and public health protection. Mitigation of air and water contamination will create a safer environment.
Selling carbon storage credits and leftover minerals will help make the project profitable. BAIE Minerals will also collaborate closely with regulatory agencies to ensure compliance and minimize potential exposure risks.
Safety protocols are paramount. Workers will adhere to stringent safety regulations to prevent asbestos exposure. To demonstrate the safety of the remediation process, BAIE Minerals will initiate a demonstration project at the Baie Verte community college campus later this year.
Unlocking Carbon Capture: The Science Behind the Process
The project is based on a natural process called carbon mineralization. Some types of rocks can absorb carbon dioxide from the air.
A type of rock that comes from deep inside the Earth called ultramafic rock has a lot of minerals in it like magnesium and iron and can absorb carbon dioxide. Asbestos also forms in ultramafic rock.
In 2022, research at the King City asbestos mine in California’s San Benito County revealed the tailings pile absorbs up to 179 tons of CO2 annually. Processing methods can speed up this natural absorption to remove more carbon.
BAIE Minerals is looking at special processes that involve increasing the surface area of the tailing pile. This will promote faster absorption of CO2.
Technologies under development include churning tailings, heating them to high temperatures and treating them with chemicals like strong acids. Each approach has its own advantages and challenges in terms of efficiency, cost and safety.
A New Era for Asbestos Remediation: Resource Recovery and Innovation
The first phase of BAIE’s initiatives will involve wetting the tailings so the asbestos fibers don’t become airborne. Then they’ll leach useful minerals using an acid solution.
Minerals such as magnesium and silica will be used for purposes like cement and fertilizer. BAIE Minerals will later attempt carbon removal possibly using microwave reactor technology.
This kind of project represents a significant step toward sustainable asbestos waste management and environmental restoration. It has the potential to transform asbestos waste into a valuable resource.
The insights gained from this remediation project may help other communities facing similar asbestos contamination issues. Public health officials hope the project will spark scientific innovation in asbestos remediation and contribute to a more sustainable and healthier future.
Georgia, Missouri and Arkansas have now all passed bills limiting the damages people can receive and reducing the time people have to file personal injury cases. The Montana House of Representatives is also moving forward with several bills that, if passed, would reduce the statute of limitations for property damage claims and make the process of seeking punitive damages more difficult.
These new and proposed laws could make it harder for mesothelioma survivors and their families to receive mesothelioma compensation. Settlements and verdicts in asbestos lawsuits are key ways people can gain financial compensation for medical expenses, lost wages and other costs associated with their diagnosis.
Rick Nemeroff, the founder of the Nemeroff Law Firm, which represents people across the nation who asbestos manufacturers harmed, told The Mesothelioma Center that these proposed laws are meant to intimidate people who have a right to file an asbestos lawsuit for compensation.
“Our lawyers provide truthful guidance to victims being bombarded by negative publicity surrounding injury and death cases,” Nemeroff said. “The corporate wrongdoers themselves often push the negative publicity to scare victims off from pursuing their rights.”
Georgia Senate Bill 68 Passed
Georgia lawmakers recently passed Senate Bill 68. Supporters say it will ensure more balance between plaintiffs and defendants in personal injury lawsuits. However, those who oppose the new measure say it could limit people’s constitutional right to seek damages.
Provisions of Georgia Senate Bill 68
Limits an owner’s liability for injuries on their property.
Makes it easier for trials to be split into several stages, allowing juries to decide liability and damages separately.
Restricts special damages awarded for medical bills to the actual amount instead of the amount the plaintiff paid.
One of the bill’s sponsors, Republican State Senate President Pro Tem John F. Kennedy, District 18, told the Georgia Recorder: “This legislation is not about protecting corporate profits. It’s not about caving to the demands of the insurance companies or denying Georgians their ability to be fully and fairly compensated when they need to go to court. Instead, it is about stabilizing costs and putting all Georgians — no matter where your zip code is — first.”
Opponents Introduce Georgia Senate Bill 223
Senate Democrats proposed Senate Bill 223, a bill they believe better tackles concerns over “frivolous lawsuits” than Senate Bill 68 will. Supporters of Bill 223 say it offers legal protections for businesses that enhance customer safety on-site. The bill is pending a Georgia Senate Judiciary Committee review.
Opponents of Senate Bill 68 say it won’t actually lower insurance costs. They argue it will only make it harder for people – like those with mesothelioma – to hold corporations accountable for their negligence or wrongdoing.
“There is nothing in [Senate Bill 68] that provides relief from those sky-high premiums,” said Democratic State Senator Jason Esteves, District 35. “There’s nothing in this bill that provides you relief from increasing insurance rates. And even worse, it will prevent thousands of Georgians who have been legitimately injured or killed from filing lawsuits and suing people who have done them wrong.”
New Personal Injury Laws in Missouri and Arkansas Target Asbestos Cases
Missouri lawmakers passed House Bill 68, which reduces the time someone has to file a personal injury lawsuit. This bill isn’t state law yet. It’s moving to the Missouri Senate for debate and further review.
Currently, Missourians have 5 years from the date of an asbestos-related disease diagnosis to file a claim. The proposed bill would reduce the statute of limitations to 2-years. If the bill passes the Senate and becomes state law, the proposed date it would go into effect is August 28, 2025.
Supporters of the bill say it would align Missouri with 25 other states that also have 2-year statutes of limitations. There are also 16 states in the U.S. with 3-year statutes of limitations. Proponents also contend it will help businesses, speed up claim resolutions and lower insurance costs.
In Arkansas, House Bill 1204 is now state law. Governor Sarah Huckabee Sanders signed it into law on February 11, 2025. It reduces how much plaintiffs can receive in personal injury cases. Arkansas, like Missouri, counts only the bills paid, not the total cost of medical care.
Proposed Bills in Montana Would Shift Asbestos Blame
Bills are moving forward in a state known for asbestos contamination in Libby, Montana – one of America’s worst asbestos disasters. The Montana House of Representatives is proceeding with several bills that would make it tougher for people to take legal action against large companies responsible for injuries and illnesses.
Two of the proposed bills deal with the statute of limitations for filing claims and the process for seeking punitive damages. If passed and signed into law, House Bill 302 would mean people seeking punitive damages and their mesothelioma lawyers would have to seek punitive damages through an additional trial.
Montana House Bill 303 relates to the historic case of the vermiculite mines near Libby that released at least 5,000 pounds of asbestos into the air daily from 1923 to 1990. W.R. Grace & Co. operated the mine that led to hundreds of deaths and thousands of diagnoses of asbestos-related conditions. Facing more than 129,000 asbestos exposure-related claims, W.R. Grace declared bankruptcy and created an asbestos trust fund.
BNSF Railway is also connected to the Libby disaster. The railway transported asbestos-contaminated vermiculite from the mine to Libby. In May 2024, a court ordered BNSF to pay $4 million in compensatory damages in connection to the deaths of two people who lived near the railyard and died from mesothelioma.
If it passes and eventually becomes law, House Bill 303 would shift the blame from BNSF to W.R. Grace. This would clear the railway of its role in spreading asbestos in and around Libby.
Proposed Legislation in Montana
House Bill 301: Would enforce a 2-year period of limitations for property damage claims.
House Bill 302: Would require an additional trial for plaintiffs to receive punitive damages.
House Bill 303: Would remove all mesothelioma liability on BNSF and place all blame on W.R. Grace.
One of the House Bill 303’s sponsors, Republican Montana Representative Anthony Nicastro, District 50, is a partner at the same law firm that has represented BNSF in asbestos cases. At a recent hearing, the Montana Trial Lawyers Association pointed out that the legislation could make it harder for people to hold companies accountable for their actions.
‘Grieving Families Act’ Vetoed a Third Time
For the third year in a row, New York Governor Kathy Hochul has vetoed an update to a wrongful death law that hasn’t changed in 177 years. The proposed change to the law, known as the “Grieving Families Act,” would increase financial support for families who lost loved ones.
Many states let families who file a wrongful death lawsuit for mesothelioma seek compensation for both medical expenses and for pain and suffering. However, New York only allows wrongful death compensation for medical and funeral costs.
“How many more families have to suffer without justice before this governor takes action?” New York State Trial Lawyers Association President Victoria Wickman said in a statement. “This veto is a cruel reminder that Governor Hochul has chosen to prioritize protecting big business over standing with grieving New Yorkers.”
Executive Director Tom Stebbins, of the Lawsuit Reform Alliance of New York, a coalition group of business organizations, companies and local political political leaders, remarked in a statement: “There’s a way to modernize the law without tipping the scales of justice so far that everyone loses. Governor Hochul understands that and has once again demonstrated true leadership by vetoing this deeply flawed legislation.”
Asbestos violations are costing some companies thousands of dollars. In one case, the court sentenced a man to jail time for his role in exposing workers to the dangerous mineral. Authorities can impose big fines and harsh penalties on those who break federal and state asbestos laws.
National asbestos legislation, as well as state rules, are in place to protect workers and the public. Handling of legacy asbestos products, asbestos removal and disposal are all regulated.
Contact with asbestos and inhaling the mineral’s fibers is the primary cause of mesothelioma, an aggressive cancer. Exposure can also cause a number of other asbestos-related diseases such as lung cancer, asbestosis and ovarian cancer.
Contractor Gets 10-Year Sentence for Exposing Workers to Asbestos
In November 2024, a jury found 55-year-old Lance Slayton guilty of criminal exploitation of an at-risk elder and breaking the Air Quality Control Act. A judge has now sentenced the Colorado contractor to 10 years behind bars for exposing employees to asbestos.
Police say Slayton hired 27-year-old Jimmy Gollihugh Jr. for demolition work, but didn’t warn him about the presence of asbestos at the site. In fact, authorities accuse Slayton of taking down asbestos warning signs before hiring Gollihugh.
Unaware of the presence of asbestos, Gollihugh was reportedly seen working in the apartment without proper personal protective equipment. Additionally, he wasn’t licensed for abatement work.
In 2022, a building owner in Arvada, near Denver, hired Slayton to fix an apartment after a fire. Police say someone told Slayton that tests found a “major spill” of asbestos in the unit.
Authorities were notified before the Colorado Department of Public Health and Environment stopped Gollihugh from finishing the job. The Colorado state attorney general’s office filed charges against Slayton.
Investigators found asbestos debris from the apartment in an open trailer. This puts the public in the area at risk of asbestos exposure.
U-Haul and JBS Prepared Foods Fined for Asbestos in Flooring
U-Haul is facing allegations it’s responsible for workers’ asbestos exposure in Spokane, Washington. The company is being fined $231,000 for exposure on rental trucks.
According to the Washington State Department of Labor and Industries, U-Haul had purchased an old K-Mart building in 2019. The company was using the space for mechanics to perform repairs and maintenance to rental trucks. There were asbestos flooring tiles in the building that were then damaged and exposed the mechanics.
A Washington State L&I news release states, “Mechanics told L&I inspectors the vinyl tiles started popping up almost immediately due to use of jack stands and the weight of the vehicles on the flooring. They were instructed by management to throw them away in the regular trash. Workers threw away 200-300 square feet of tiles, never realizing they were handling asbestos.”
Proper protective gear wasn’t worn. Some workers removed the tiles with putty knives, shovels and a torch. Damaging and removing the asbestos-containing tiles released fibers into the air that could be inhaled and carried on skin, hair and clothing.
L&I reports U-Haul didn’t conduct appropriate asbestos tests on the flooring. The Spokane Regional Clean Air Agency found asbestos in all the vinyl flooring tiles and adhesives used on flooring in the building. This includes 90,000 square feet of material.
OSHA in California also cited and fined the same U-Haul franchise owner in 2019. Employees used demolition equipment to remove asbestos flooring from another K-Mart building. This building was in Santa Barbara County, California.
An Indiana company is also facing fines related to asbestos floor tiles. OSHA in Indiana found 5 serious violations at JBS Prepared Foods in Elkhart following inspections in November and December 2024.
The agency states employees were exposed to asbestos while removing floor tiles. OSHA fined JBS Prepared Foods $12,000 for safety risks and for failing to train workers for asbestos work.
Dangers of Legacy Asbestos
Older homes, schools and other buildings built before the 1980s likely contain asbestos. The mineral was widely used in construction materials such as cement and insulation.
Manufacturers used asbestos in flooring for many years. This includes asphalt, linoleum, laminate, thermoplastic and sheet tiles. The backing material on the flooring and some adhesives may also contain asbestos. It was also used in the backing of products like vinyl wallpaper.
Legacy asbestos products pose a greater risk after they’re damaged in renovations, demolition or fires. Tiny asbestos fibers can become airborne and be inhaled, posing serious health risks.
The Los Angeles County Sheriff’s Department issued warnings to Altadena deputies about toxins in the air including asbestos. Deputies need to wear N95 masks to help prevent inhalation of airborne particles such as asbestos fibers.
The fire department’s hazmat team says the air in Altadena is “hazardous, containing lead, asbestos and other harmful particulates.” Many deputies have reported having red, burning eyes, coughs and headaches.
Since January 7, 2025, flames have consumed thousands of homes and buildings across southern California. Fires cause asbestos fibers to become airborne, which can then be inhaled.
The California Department of Forestry and Fire Protection estimates 73% of all structures in the area were built before 1980. Cement sheets, drywall, floor tiles, insulation and roof adhesives are some legacy asbestos materials sometimes in homes that can pose a health risk.
“Asbestos will be in these burned down older buildings and thus it’s best to wear a mask if you’re near the smoke to prevent excessive inhalation of any asbestos fibers,” thoracic surgeon at Kaiser Permanente Oakland Medical Center Dr. Jeffrey Velotta tells us. “Wear masks if you’re in the area. If it’s a bad smoky area, then try to avoid being outside during that time.”
Decontamination of deputies’ uniforms after their shifts is also advised to avoid contaminating the firehouse. It can also help prevent potentially bringing home asbestos fibers and exposing loved ones to secondary asbestos exposure.
Fires Leave Behind Potentially Toxic Ash
After the fires are out, residents may want to return to their homes and search for beloved or valuable items. Disturbing or sifting through the ashes can be dangerous. Experts say ash left behind from these fires can be toxic. Burning items such as paint, batteries and pesticides can release lead or arsenic.
“Ash is not just ash. Go back to the garage or what’s in your home. What is your furniture made out of? What are your appliances made out of? What is your house made out of?” Scott McLean, a former deputy chief of the California Department of Forestry and Fire Protection’s communications bureau explains to the Associated Press.
Anyone sifting through fire-damaged materials could be putting their health at risk. When devastating fires affected Maui in August 2023, officials warned residents to avoid the debris. Authorities kept them out of contaminated areas of the island for almost 2 months. Surveys after the Maui fires found smoke and ash exposure raised heart and kidney issues.
“It really could take a long time to tease out all of the potential health effects of these particles” Mohammed Baalousha, a professor of environmental health sciences at the University of South Carolina, told the AP. He explained many complex chemical reactions are going on and many substances remain to be studied.
Wildfire Facts and Asbestos Health Affects
The fire dangers in southern California are ongoing. The Hughes fire in Los Angeles started on January 22, 2025. That fire alone threatens 14,000 structures. The Department of Forestry and Fire Protection says only 1 of 6 fires in southern California is nearly contained.
While much-needed rain is now forecast for southern California, mudslides may become the next threat. This could also mean that asbestos-contaminated debris and soil may spread further. There is no safe level of asbestos exposure. Inhaling or ingesting asbestos fibers can cause inflammation and scarring. The primary cause of mesothelioma is asbestos exposure. It can also cause other asbestos-related diseases, including asbestosis, lung cancer, ovarian cancer and COPD.
The jury in a mesothelioma case against Johnson & Johnson attempted to award plaintiff Michelle Felton $22 million even though J&J won the case. Jessica Dean, Felton’s attorney, said she had never seen a jury award damages on an issue not meant to be considered before.
Michelle Felton is executor of the estate of Michaeleen Lee who died of mesothelioma. Lee used J&J’s talcum powder for decades. The suit alleged the talc was contaminated with asbestos.
While J&J achieved a victory in the case, the jury members indicated on their verdict slip that there was negligence on the company’s part. When asked “Were any of the following entities negligent?” the jury checked “yes”for J&J.
When asked, “Was the negligence of any entity below a factual cause of any harm to Michaeleen Lee?” the jury checked “no.” The jury also didn’t fill out the “percentage of fault” for “factually causing harm to Michaeleen Lee.”
The jury did answer “yes” to question 6, however. It asks if the deceased relied “on any statement made by Johnson & Johnson, to conceal or omit material information about the safety of the product at issue as proven by clear and convincing evidence.”
The jury didn’t feel J&J’s “negligence” was “a factual cause of any harm to Michaeleen Lee.” But they did respond “yes” when asked if “Johnson & Johnson’s conduct in this case warrants a finding of Punitive Damages.”
The verdict slip concludes with question 10 that asks the amount of punitive damages they recommend be awarded to the plaintiff. The jury members wrote in “$22 million.” But because they’d found in favor of J&J on the issue of factual harm, the jury wasn’t meant to fill in question 10.
What Does the Jury’s Decision Mean?
The plaintiff and her attorney are reportedly considering what’s next following this unusual outcome. A post-trial challenge could be possible.
J&J’s Worldwide Vice President of Litigation Erik Haas released a statement expressing pleasure with the verdict. Haas claimed allegations J&J’s baby powder was asbestos-contaminated and caused cancer are “baseless,” “junk science” and “paid-for science fomented and financed by plaintiffs’ firms.”
Technically J&J did win the case. However, the jury members indicated in their verdict slip that they believe the company was negligent and intentionally misrepresented the safety of its talc products.
Settlement Decision for Other J&J Talc Cases Expected Soon
A judge will soon decide if J&J’s $8.2 billion offer to settle thousands of ovarian cancer lawsuits will be approved. Any remaining mesothelioma lawsuits will be addressed separately.
Approval of the settlement includes a third J&J attempt to file for bankruptcy protection. The company’s bankruptcy hearing is set for February 18, 2025.
The plan is for a J&J subsidiary to file Chapter 11 and take on the company’s legal liabilities. This strategy is known as the Texas Two-Step.
Senator Elizabeth Warren is challenging this strategy, sponsoring the Nondebtor Release Prohibition Act of 2024. If passed, this legislation would prevent nonbankrupt entities from using bankruptcy to avoid legal liability.
Talc Contamination and FDA Proposed Rule
Many lawsuits against J&J claim asbestos exposure from contaminated talc caused cancer. Both asbestos and talc are naturally occurring minerals. Asbestos can easily contaminate talc.
For decades, companies used talc in cosmetics, industrial products and personal hygiene products. Johnson’s Baby Powder was talc-based in the U.S. until 2020 and globally until 2023.
The U.S. Food and Drug Administration proposes new tests on all talc-containing products. The FDA’s proposal follows years of talc lawsuits.
Approval of the new checks would force manufacturers to test samples of all talc products using polarized light and transmission electron microscopy. The FDA accepts public comments on the proposed rule until March 27, 2025.
Asbestos is the primary cause of mesothelioma. It can also cause other asbestos-related diseases, including lung cancer, laryngeal cancer, asbestosis and COPD.
Thousands of people are under mandatory evacuation orders as uncontrolled wildfires rage in the Los Angeles area of Southern California. Others are also making the difficult choice to evacuate their homes and businesses as these deadly fires spread rapidly. Governor Gavin Newsom declared a state of emergency for the area.
As these fast-moving flames consume homes, businesses, schools and industrial buildings, legacy asbestos in older structures can be released into the air. The dry winds causing flames to spread faster can also distribute asbestos throughout the region.
Dry conditions and strong winds are causing flames to spread faster. Meteorologists measured wind gusts in some parts of LA as strong as 100 miles per hour.
As Asbestos Disease Awareness Organization President and Co-Founder Linda Reinstein tells The Mesothelioma Center in an interview with her today, “With so many structures being destroyed, it’s unknown how many of them may contain legacy asbestos. The amount of asbestos contamination across the entire area is immeasurable.”
Assistant Medical Director Dr. Puneet Gupta of the Los Angeles County Fire Department shared with the Associated Press that he’s personally hearing indications from hospital doctors that there’s an uptick in patients with breathing problems in area emergency rooms. The scale of this hasn’t yet been confirmed with area hospitals.
Poor air quality from the fires is a health concern for everyone in the area and especially for those with underlying health concerns like a history of malignant mesothelioma or lung cancer.
Fires Burning Legacy Asbestos in Older Homes and Buildings
The fires have burned hundreds of homes and businesses. Flames severely damaged the Palisades Charter High School, for example. It’s a popular Hollywood filming location. No students were in the building as they’re still on winter break.
Palisades Charter High School was founded in 1961 when asbestos use in schools was common. Asbestos products in schools can include tile floors and ceilings and other construction materials. Even chalkboards and laboratory hoods in science classrooms sometimes contained asbestos.
When structures containing asbestos burn, the material is damaged, sending dangerous fibers into the air. Soot, ash, smoke and asbestos fibers carried for miles on strong winds can expose people across the region. Many other schools in the LA area are closed as a precautionary measure since many of the fires aren’t under control.
“Hundreds of structures will most likely be lost,” Los Angeles City Councilwoman Traci Park told The New York Times. “This is going to be devastating, a devastating loss, for all of Los Angeles.”
Health Affects of Asbestos Exposure
Asbestos fibers can cause inflammation and scarring if inhaled or ingested. This irritation can change the DNA of cells, potentially leading to the development of asbestos-related cancer.
Asbestos is the primary cause of mesothelioma. It’s also the cause of other asbestos-related diseases including lung cancer, ovarian cancer, laryngeal cancer and asbestosis.
There is no safe level of asbestos exposure. Anyone with a history of asbestos exposure should make their doctor aware of this history and discuss any concerns and questions they may have or symptoms they may experience. Doctors often recommend those with prolonged or heavy exposure have regular screenings.
Staying Safe During a Wildfire
First and foremost, getting to safety is essential if a wildfire is actively burning in your area. Be familiar with your local community’s evacuation routes and evacuate if told to do so.
Reinstein, who is also a resident of LA, noted in her conversation with us: “Anyone in the fire zone must take protective measures to ensure they don’t inhale dangerous asbestos fibers. That can mean wearing the right protection and evacuating if you’re told to do so.”
According to the Congressional Research Service, the U.S. experiences an average of 67,000 wildfires yearly. These fires burn 7 million acres of land annually.
While you may be at a safe distance from the flames, smoky conditions can pose a risk of asbestos exposure. Microscopic asbestos fibers may be lurking in smoke and ash.
Wearing an N-100 or P-100 respirator can help you avoid inhaling airborne asbestos fibers during a wildfire. A portable air cleaner or an air purifier may help keep indoor pollution levels low.
Reporting from the Associated Press indicates sales of masks and air filters are on the rise in the area. This could make finding personal protective equipment challenging.
Protecting Yourself From Asbestos After a Wildfire
After the fire, you may encounter toxic asbestos while walking through areas impacted and especially when cleaning up debris. Take appropriate precautions to protect yourself.
Reinstein added, “Taking appropriate measures after the fires finally end is just as important. You don’t want to be unprotected while cleaning up potentially toxic debris left behind.”
Wildfire Cleanup Safety Tips
Clean up soot and ash with a HEPA vacuum.
Don’t move damaged construction materials unless it’s necessary.
Double bag all debris.
Seal all materials with plastic sheeting and duct tape.
Wear personal protective equipment.
Wet down any material that may contain asbestos before handling them.
Wet wipe or vacuum any non-movable objects with a HEPA filter to prevent asbestos from becoming airborne.
Hire an asbestos abatement company if you need to remove large amounts of asbestos-containing materials after a wildfire. Professionals can test for asbestos, follow the proper regulations and guidelines for safe removal and will have the appropriate equipment to remove these dangerous materials safely.
Damaged buildings may be torn down after a natural disaster like a wildfire. According to the U.S. Environmental Protection Agency, asbestos fibers can remain airborne between 4 and 80 hours after being disturbed. This can also expose people to asbestos and even cause contamination of water sources.
Asbestos Found After Recent Fires
In 2023, a fire at a World War II era wooden hangar scattered asbestos-containing debris as far as 3 miles from the hangar. On November 7, a U.S. Navy Marine Corps Air Station in Tustin, California, caught fire. Even though firefighters extinguished the flames the same day the fire started, flare-ups continued for several weeks.
Dangerous chemicals were released across Southern California from the fire. Some nearby homeowners had to hire professionals to remove potentially toxic debris from around their homes. Others had testing done to confirm that the debris contained asbestos.
The U.S. Navy has spent more than $123 million in clean-up costs following the fire. The cause of the fire remains unknown.
Naval bases and shipyards pose a high risk of asbestos exposure. Asbestos was widely used in large quantities to build naval vessels. It was a popular building material since it resists high temperatures and corrosion.
Some Hawaii residents also had to take precautions from asbestos while cleaning up from a wildfire in 2023. The August fire on the island of Maui sent toxins into the air and the sea. Many of the burned structures were built before 1980, leaving dangerous debris behind. The fires killed at least 102 people.
The fires also caused an air emergency. Officials warned residents not to breathe in the air as the fires burned because it was contaminated with asbestos. A hurricane in the central Pacific knocked down power lines, sparking the fires.
Andrew Curtin, of North Yarmouth, Maine, filed a lawsuit against Johnson & Johnson for $25 million in September 2024. Curtin’s wife, Cynthia Cartwright, was diagnosed with mesothelioma in 2017 and died 4 days after receiving her diagnosis. The suit claims she regularly used J&J’s talc-based baby powder and asbestos contamination of the talc caused her illness and death.
“As a direct and proximate result of Ms. Cartwright’s purchase, use and application of Defendant’s unreasonably dangerous and defective talcum powder and joint compound J&J products,” she inhaled and ingested asbestos, the suit states. J&J denies responsibility and motioned to move the lawsuit from state to federal court.
In December 2024, J&J responded to the mesothelioma lawsuit. The company stated the FDA has “primary and exclusive jurisdiction over the safety of cosmetic talc-containing products, and primary and exclusive jurisdiction to determine whether any warning must accompany cosmetic talc-containing products.”
J&J added the FDA had “ruled, on multiple occasions, that cosmetic grade talc is a safe substance when used as intended, and further ruled that manufacturers need not provide any warnings on, or in connection with the sale of, cosmetic grade talc-containing products.”
Court Reverses Decision Against J&J
Thousands of plaintiffs have sued J&J, claiming its talc-based products cause cancer. In December 2024, the Supreme Court of New York reversed a lower court’s April 2024 ruling against J&J following the company’s appeal.
Doctors diagnosed Corey Tippin with peritoneal mesothelioma in October 2020. Tippin claims his illness comes from using J&J’s baby powder and other talc-based products. In January 2021, Tippin sued J&J and other manufacturers of talc products.
The appellate court overturned the December 2024 decision after determining J&J presented substantial evidence, scientific studies and expert testimony showing their products couldn’t have caused Tippin’s deadly cancer. The court deemed Tippin’s evidence insufficient.
Decision Ahead for J&J’s $8.2 Billion Settlement Offer
The company is proposing a settlement offer of $8.2 billion to resolve many of its legal issues. The settlement plan includes a third attempt at J&J filing for bankruptcy. After deciding the company wasn’t in financial distress, a judge denied its previous attempts.
Filing for bankruptcy would close nearly all of the cases against the company. If approved, a subsidiary would take on J&J’s legal liabilities, a strategy known as the Texas Two-Step. A bankruptcy hearing is scheduled for February 18, 2025, to decide whether J&J’s proposal offer will be allowed to move forward. J&J stands by its claim that its products don’t cause cancer and aren’t contaminated with asbestos.
The lawsuits included in the settlement are ovarian cancer cases. Any remaining mesothelioma cases will be handled separately. Asbestos exposure is the primary cause of mesothelioma. It can also cause other asbestos-related diseases, including lung cancer, laryngeal cancer and COPD.
Congress passed a law in 2023 requiring the U.S. Food and Drug Administration to release new industry standards for asbestos testing in products. The agency will require manufacturers of all talc-containing products to test them for asbestos.
The FDA’s proposal follows years of lawsuits against Johnson & Johnson and other companies over allegations of asbestos-contaminated talc. New tests could help consumers remove doubts about the safety of talc-containing makeup, baby powder and other personal care products.
If approved, the new rule would require manufacturers to test samples of all talc products using polarized light and transmission electron microscopy. TEM illuminates samples with an electron beam. Companies can also obtain a certificate of analysis from their talc suppliers. The FDA will accept public comments on the proposed rule through March 27, 2025.
“We have carefully considered the scientific evidence and complex policy issues related to detecting and identifying asbestos in talc and talc-containing cosmetic products,” Linda Katz, a medical doctor and director of the FDA’s Office of Cosmetics and Colors, said in a recent news release. “We believe that the proposed testing techniques are appropriate methods to detect asbestos to help ensure the safety of talc-containing cosmetic products.”
Johnson & Johnson’s Bankruptcy Plan
Contaminated baby powder is at the heart of Johnson & Johnson’s legal troubles. A bankruptcy hearing is scheduled on February 18, 2025, to determine whether J&J’s proposed $8.2 billion settlement offer will be allowed to proceed.
The company’s offer includes a third attempt at filing for bankruptcy. The previous 2 attempts were denied after a judge ruled the company wasn’t in financial distress. In September 2024, J&J’s subsidiary Red River Talc LLC filed a “voluntary prepackaged Chapter 11 bankruptcy case.”
The Texas Two-Step strategy shifts the cost of talc lawsuits to a subsidiary before filing for bankruptcy. In July 2024, Senator Elizabeth Warren reintroduced legislation blocking the Texas Two-Step strategy. The Nondebtor Release Prohibition Act of 2024 would prevent nonbankrupt entities from using Chapter 11 to avoid legal liability.
More than 62,000 plaintiffs have filed lawsuits against J&J, claiming the company’s talc-based products were contaminated with asbestos. Asbestos causes cancer and is the primary cause of mesothelioma.
Approval of J&J’s offer would end thousands of pending lawsuits from plaintiffs diagnosed with ovarian cancer. Remaining mesothelioma cases will receive individual attention.
J&J ended the global sale of its talc-based baby powder in 2023. The company continues to argue its products were safe.
Asbestos Dangers
Asbestos, like talc, is a naturally occurring mineral within the earth. Asbestos is often found near talc, which can easily become contaminated with carcinogenic asbestos fibers.
Thousands of automotive, construction and insulation products were made with asbestos. It’s resistant to heat, electricity and corrosion. More than 60 countries have banned asbestos, but the material remains heavily regulated across the U.S. A ban on chrysotile asbestos was announced in 2024.
Inhaled or ingested asbestos fibers can become trapped in the body and cause inflammation and scarring. It can change DNA, causing cancer. In addition to mesothelioma, other asbestos-related diseases include lung cancer, asbestosis and COPD.
An Oregon judge has ruled that a verdict against Johnson & Johnson in an asbestos case is constitutional. Multnomah County Circuit Court Judge Katharine von Ter Stegge declined to reduce or void $260 million awarded in June 2024.
Kyung Lee, who has mesothelioma, was awarded $200 million in punitive damages. She was also awarded $60 million in compensatory damages. Judge von Ter Stegge ruled both amounts are constitutional.
J&J asked for a new trial 3 months after the verdict. Judge von Ter Stegge initially indicated she was in favor of a new trial. However, she eventually denied the motion.
Kyung Lee and her husband claimed J&J’s talc-based baby powder was contaminated with asbestos and caused her illness. Lee says she’d used the product since she was a newborn.
Doctors diagnosed Lee with mesothelioma at 49 years old. The Oregon jury found J&J directly responsible for Lee’s diagnosis.
Contaminated Talc and Asbestos Dangers
In May 2024, the National Institutes of Health released research linking talcum powder to ovarian cancer. Asbestos exposure is the primary cause of mesothelioma. It can also cause several asbestos-related diseases.
J&J pulled its talc-based baby powder from store shelves globally in 2023. The company switched to a cornstarch-based product.
J&J says falling sales motivated the change to the product. The company also claims “misinformation” about its safety played a role. J&J insists its talc products were safe and asbestos-free.
However, documents presented in court cases show J&J knew and discussed asbestos in its talc since the 1950s. Lab tests analyzing J&J’s talc found asbestos in the product between 1971 and the early 2000s.
J&J failed to report the findings to the FDA. By 2018, J&J had spent millions in talc lawsuits.
J&J Faces More Legal Battles
A high-stakes trial is ahead for J&J in January 2025. A federal judge in Texas will decide on its $8.2 billion settlement offer. The deal would end thousands of cancer lawsuits tied to the company’s baby powder. The remaining mesothelioma lawsuits will be handled separately.
Approval of the settlement also includes plans for J&J’s third attempt at a bankruptcy filing. J&J subsidiary Red River Talc LLC filed a “voluntary prepackaged Chapter 11 bankruptcy case” in September 2024.
The Texas Two-Step strategy shifts the cost of talc lawsuits to a subsidiary. That subsidiary then files for bankruptcy, which ends almost all the cases.
For the first time, J&J may soon be facing legal issues in the United Kingdom. Nearly 2,000 potential claimants in the UK plan to sue the company. They believe the use of J&J’s baby powder is to blame for their cancer diagnoses.
Lawyers say this could be the largest pharmaceutical product group action in English and Welsh legal history. J&J has until the end of 2024 to answer a letter sent by the plaintiff’s lawyer.
Mayo Clinic researchers have created a new blood test to better detect mesothelioma. This could result in earlier diagnoses. It might also lead to new options for targeted therapies. The test finds complex DNA patterns that are common in mesothelioma cells.
This new approach is more accurate than standard mesothelioma blood tests. This may also lead to better tracking of how a patient’s treatment is progressing. Experts hope this new blood test will pave the way for more personalized mesothelioma treatments.
Snehal Smart is our in-house doctor and a board certified Patient Advocate at The Mesothelioma Center. She shares with us what this new test could mean for patients.
“This advancement brings hope to potentially help many patients who know they have been exposed to asbestos,” Snehal says. “They may be able to get checked earlier and faster.”
“This is especially helpful in cases when the patient is elderly and unable to get a biopsy,” she explains. “A simple blood test would be a fast way for a patient to know whether their mesothelioma is responding to their treatment plan.”
Aaron Mansfield, M.D., a medical oncologist, led the study at the Mayo Clinic’s Center for Individualized Medicine and Cancer Center. He said in a news release, “We’re pushing the frontiers of what’s possible in blood-based monitoring. Improving detection rates could offer insights into monitoring patients’ responses to therapy and detecting recurrence after surgery.”
Details About the New Mesothelioma Study
This new blood test looks for specific DNA patterns. They’re called “chromosomal rearrangements.” Most blood tests look for single-point DNA mutations.
Typical mesothelioma cells have “swapped” or “shuffled” sections of DNA. Mesothelioma may also have fewer single-point mutations than other types of cancer.
Researchers used what’s called whole genome sequencing. This is a way to read all the DNA in a living thing to understand its genetic instructions. DNA contains genetic instructions that determine how an organism grows, functions and develops.
Whole genome sequencing looks for changes (mutations) in a person’s DNA that can make cells grow uncontrollably. These changes act like broken instructions, and scientists use sequencing to spot them, identify cancer and understand how to treat it.
This new blood test can help locate key chromosomal changes in the DNA of cancer cells. The scientists then created tiny pieces of DNA in a lab called “primers.” The primers match and attach to changes in the chromosomes. Then the blood test searches for those changes.
This breakthrough may lead to faster, more accurate detection of mesothelioma. Early detection is key to starting treatment sooner and having more options. This can lead to better patient outcomes.
Past and Future Plans for Mesothelioma Research
The Mayo Clinic’s discovery builds on earlier tests for mesothelioma. This includes a study predicting which patients with mesothelioma may benefit from immunotherapy.
Immunotherapy can target cancer cells without harming healthy tissue. Unlike chemotherapy and radiation, it doesn’t harm healthy tissue.
More research is planned for the future to expand the study. Next, they plan to include more patients and further improve the test. The complete study is published in the Journal of Thoracic Oncology Clinical and Research Reports.
Donna Spurling alleges Fairmont State University in West Virginia knowingly exposed her to asbestos. Doctors diagnosed her with mesothelioma in 2022. She attended FSU from 1998 to 2004.
She filed an 18-count mesothelioma lawsuit that names the university as well as Mon General Hospital, WVU Health System, the State Board of Risk and Insurance Management and Metlife Insurance as defendants. Spurling’s lawsuit claims the school’s Board of Governors withheld information about the school’s asbestos problem.
Spurling had planned to settle the lawsuit with FSU for $650,000. But the university ended talks and hired asbestos defense lawyers.
“We will not stand for our client being treated this way,” Michael Robb, Spurling’s attorney, said in a press conference. “They spit in her face and took advantage of our client.”
He also commented on the defendants’ legal team. Robb took issue with previous work they’d done defending clients in asbestos litigation across West Virginia. He also pointed out a couple of FSU Board of Governors members have connections to asbestos manufacturers.
“They hire a bunch of asbestos attorneys,” Robb said. “We’ve asked the lawyers from Steptoe & Johnson to step down because they were fact witnesses defending the same companies that contaminated these buildings. They’re defending Fairmont State. They shouldn’t be in this case and it’s inappropriate.”
Asbestos on FSU’s Campus
Robb says FSU knew about asbestos on its campus and the risk of asbestos exposure for 50 years. He claims FSU tried to conceal the facts.
The state of West Virginia sued 73 asbestos manufacturers in 1986. State Attorney General Charlie Brown said several buildings across the state contained asbestos, including FSU. Other locations with buildings containing asbestos include Fairmont Medical Center, Marshall University and West Virginia University.
The lawsuit was settled with $20 million allocated for remediation. West Virginia added another $20 million to help fund asbestos remediation. But Robb argues only remediation at the state capitol complex was funded.
“They get all of the money and they keep it themselves,” Robb claimed. “It’s self-serving. It should be a crime for what they did to these people.”
While investigating Spurling’s case, Robb says he and his team became familiar with every building on FSU’s campus. Robb offered to show where to find asbestos in campus buildings so the university could take action. But the school refused. Robb plans to file a class action lawsuit against the university.
“All the buildings at Fairmont State have asbestos containing building materials. Floor tiles, ceiling tile, joint compound, HVAC ductwork, boiler insulation and pipe insulation,” Robb said. “Over the years, those materials disintegrate and fall apart and they get into the breathing zones and get into the HVAC systems and it gets people sick.”
Reaction from FSU and Spurling
FSU responded to the lawsuit with an official statement. The statement claims the university “continually” reinvests in “the facilities, programs, and experiences that deliver value to our students and communities.”
The statement notes “While it would be inappropriate to comment on pending litigation, our number one priority is, and always has been, the health and safety of our students, faculty and staff. We are one of several organizations named and are confident these accusations will be dismissed.”
Spurling, however, says she now deals with chronic pain and is missing half a lung. She notes her mesothelioma diagnosis affects her daily life. She says she’s unable to work or walk her dogs. Spurling adds, knowing what she knows now, she wouldn’t have attended FSU or sent her sons there.
“It’s just sad. They’re a huge part of our state. I sent both of my sons to school there,” she says. “And because it takes so long before the asbestos cancer shows, you don’t know whether you’ve affected someone else.”
Health Hazards of Asbestos in Schools
Until the 1980s, most builders used asbestos products to build schools and other buildings. Legacy asbestos products in older buildings and schools now pose an exposure risk as they wear over time or are disturbed in maintenance, renovations or other damage.
Asbestos in schools can expose students, teachers and staff. Janitors and other maintenance personnel may be at particularly high risk. OSHA requires universities and colleges to follow asbestos rules. These include building surveys, asbestos warnings and more.
Asbestos fibers, if inhaled or ingested, can inflame or scar the lungs. Toxic asbestos fibers can alter the DNA in cells in the body. This can lead to mesothelioma. Exposure to asbestos is the primary cause of this malignant cancer and other asbestos-related diseases.
A high-stakes trial is ahead for Johnson & Johnson in January 2025. A federal judge in Houston will decide on the company’s $8.2 billion settlement offer. If approved, it will end thousands of cancer lawsuits linked to J&J’s baby powder.
The settlement offer includes plans for a third bankruptcy filing. J&J subsidiary Red River Talc LLC filed a “voluntary prepackaged Chapter 11 bankruptcy case” in September 2024. The Texas Two-Step strategy shifts the cost of talc lawsuits to a subsidiary. It then files for bankruptcy, which ends almost all the cases.
Plaintiffs voted on a multi-billion dollar settlement from J&J, and 83% of them approved the offer. The attorney for holdouts of the proposal insists that claimants rigged the vote in support of the offer. J&J denies those claims.
“J&J thinks it can get this done in months, but if the legitimacy of those votes is called into question, that timeline goes out the window,” Carl Tobias, a University of Richmond law professor told Bloomberg.
“We are confident in the voting process which showed that the proposed bankruptcy plan is indeed what claimants want to end this litigation in a fair and timely manner,” J&J’s worldwide head of litigation Erik Haas said in a statement. “The plan constitutes one of the largest settlements ever reached in a mass tort bankruptcy case.”
J&J’s Latest Bankruptcy Plan and Cancer Claims
A court denied J&J’s previous attempts to file for bankruptcy. The judge ruled twice that J&J wasn’t in financial distress. This time, U.S. Bankruptcy Judge Christopher Lopez says the company’s latest case is “different” enough from its earlier attempts, filed in New Jersey. They filed this most recent attempt in Texas.
Lawsuits involved in the settlement are ovarian cancer cases. Approval for the plan would resolve 99.75% of J&J’s pending talc lawsuits. Remaining mesothelioma lawsuits will be addressed outside of the settlement plan.
More than 62,000 plaintiffs have filed lawsuits against J&J. The suits claim the company’s talc products contained asbestos and caused plaintiffs’ cancer. Court documents highlight a link between asbestos and cancer. In May 2024, the National Institutes of Health released research linking talcum powder to ovarian cancer. J&J stands by its claim that its products didn’t contain asbestos and aren’t responsible for consumers’ cancer.
Recent Mesothelioma Verdict Against J&J
In October 2024, a Connecticut jury ordered J&J to pay $15 million to a man with mesothelioma. Evan Plotkin filed a lawsuit against J&J in 2021, soon after his diagnosis. He blames his illness on J&J’s baby powder.
The jury decided that in addition to the $15 million, the company must also pay punitive damages. They’ll decide that amount at a later date.
Ben Braly, a lawyer for Plotkin, wrote in an email to Reuters, “Evan Plotkin and his trial team are thrilled that a jury once again decided to hold Johnson & Johnson accountable for their marketing and sale of a baby powder product that they knew contained asbestos.”
Shared Stories: How Asbestos Changed Our Lives Forever now contains more than 200 personal stories about how asbestos has affected people’s lives. The Asbestos Disease Awareness Organization has just released a significantly expanded version of its 2013 book and launched a new website to raise awareness about the toxic mineral.
Faces, names and personal details of people who’ve lost their lives or are dealing with an asbestos-related disease fill its page. The first edition contained 70 stories. This new second edition contains more than 100 additional first-hand experiences. It also now features 9 posters showcasing the work of award-winning photojournalist Earl Dotter.
ADAO President and Co-Founder Linda Reinstein says the book’s stories can raise awareness of asbestos’ dangers. She added, these personal stories can help drive policy reform.
Some of the people featured in the book received their mesothelioma diagnosis when they were as young as 14 or 19. Mesothelioma usually affects men over 65 in jobs with high exposure risks. The latency period from exposure to when this rare cancer develops is between 20 to 60 years.
Asbestos exposure isn’t safe at any age or in any amount. Some children are exposed to asbestos in their homes, the environment or when a parent who works with asbestos accidentally brings it home on their clothing or gear.
ADAO’s Share Your Story Campaign
ADAO began a campaign in 2008 called “Share Your Story.” The aim of the campaign was to create a safe place for patients and their loved ones to share personal stories.
It also became a place to draw strength and inspiration from one another. Out of this idea and the community it created, the first edition of ADAO’s book was born in 2013.
Speaking about the new 2024 edition Reinstein tells the Mesothelioma Center at Asbestos.com, “Our new Shared Stories: How Asbestos Changed Our Lives Forever is a testament to every Mesothelioma Warrior who has shared their painful yet courageous story.”
She adds, “We hope the book will not only inspire but mobilize. By sharing more than 200 stories, we aim to amplify our collective voice, raise awareness and drive the policy changes needed to prevent future tragedies.”
Reflecting on the goals for the new edition, Reinstein shares, “These stories are not just memories. They’re the driving force for a world without asbestos.”
New Website Personalizes Key Asbestos Data
ADAO’s new edition of its book puts a human face to the asbestos crisis. And Reinstein says while the organization’s newly launched website focuses on hard data, it also “brings a deeply personal touch to the statistics.”
Fact-based statistics fill the site. But Reinstein says, “It’s where numbers meet names.” The site also shares “real stories from those affected by asbestos.”
The name of the new website, Every13Minutes.org, highlights the statistic that someone dies in the U.S. from an asbestos-related illness every 13 minutes. Reinstein explains the main ADAO website focuses on education, advocacy and community, but Every13Minutes.org focuses on personalizing key data.
List title: Highlights of Data on Every13Minutes.org
$150,000: The average cost of mesothelioma care for a lifetime
39,275 Americans: The number of asbestos-related deaths in the U.S. each year
109 Americans: The number of asbestos-related deaths in the U.S. each day
255,000 deaths: The number of asbestos-related deaths worldwide each year
Every13Minutes.org has other helpful information, such as a list of the U.S. ports where asbestos is still imported into the country. You can also find important numbers, like the total amount of asbestos brought into the country over the past 20 years.
The organization unveiled the website on September 26th, which is Mesothelioma Awareness Day. This year is also the 20-year anniversary of the ADAO’s founding.
Linda Reinstein and Doug Larkin founded the nonprofit organization, which is now the largest of its kind in the country. The group aims to prevent asbestos exposure and protect the rights of those affected. It does this through education and community initiatives.
Every 13 Minutes website
U.S. Asbestos Bans and ADAO’s Call to Action
Reinstein says, “Every 13 minutes, an American dies from a preventable asbestos-related disease, and this must end. Together, we can end the suffering and death through the Alan Reinstein Ban Asbestos Now Act.”
On Every13Minutes.org, you can take action. You can find a link on the site where you can then write a message to Congress calling for the passage of the Alan Reinstein Ban Asbestos Now Act.
The act is named after Reinstein’s husband, Alan, who died of mesothelioma in 2006. The bill would “prohibit the manufacture, processing, use, and distribution of commercial asbestos and products containing it, and for other purposes.”
Lawmakers introduced the bill in 2019. They reintroduced it in the Senate in 2023.
ADAO’s new website warns toxic asbestos is still legal in the U.S. and is still in use. While the Biden administration officially finalized a ban on chrysotile asbestos in the U.S. in March 2024, the ban isn’t immediate and has limits.
Companies are allowed up to 12 years to gradually phase out the material used in manufacturing. Also, the ban doesn’t apply to all types of asbestos.
More than 60 countries, including Canada and the United Kingdom, have banned asbestos. The U.S. has progressively banned uses of asbestos since the 1970s.
The U.S. Environmental Protection Agency’s Clean Air Act of 1973. It banned most spray-applied asbestos products for insulation and fireproofing.
In 1989, the agency introduced the Asbestos Ban and Phase Out Rule. It would have prohibited all manufacturing, importing, processing, and selling of asbestos products. However, asbestos industry supporters challenged and overturned the ban in 1991.
