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.
The U.S. Food and Drug Administration has approved a new first-line treatment for people with pleural mesothelioma that can’t be removed with surgery. This new approval is specifically for a Keytruda (pembrolizumab) plus pemetrexed and platinum chemotherapy combination.
The FDA’s approval follows promising results in phases 2 and 3 of the Keynote-483 trial. This clinical trial involved 440 patients with advanced or metastatic malignant pleural mesothelioma whose cancer couldn’t be removed with surgery. These patients also hadn’t received prior systemic therapy.
The Keytruda regimen was compared against Alimta (pemetrexed) with cisplatin or carboplatin as well as chemotherapy drugs alone. Keynote-483 results show benefits against both the Alimta regimen and the chemotherapy alone regimen.
Compared to the Alimta regimen, the Keytruda option showed significant survival benefits of Keytruda, cutting the risk of death 21%. Keytruda reduced the likelihood of death or disease progression 20% compared to chemotherapy alone.
Median overall survival was 17.3 months for patients who received the Keytruda combo. With chemotherapy alone, the median overall survival was 16.1 months.
FDA officials also indicate the Keytruda regimen appears to be as safe as receiving chemotherapy alone. They say adverse reactions in patients with metastatic malignant pleural mesothelioma were similar to those receiving Keytruda with pemetrexed and platinum chemotherapy.
The FDA notes, “This review was conducted under Project Orbis, an initiative of the FDA Oncology Center of Excellence. Project Orbis provides a framework for concurrent submission and review of oncology drugs among international partners. For this review, FDA collaborated with the Australian Therapeutic Goods Administration (TGA) and Health Canada.”
Doctors typically diagnose mesothelioma at an advanced stage. As a result, treatment options can be limited.
The prognosis for mesothelioma is generally poor with a 5-year survival rate of 12%. This newly FDA-approved combo of Keytruda with chemotherapy may set a new standard of mesothelioma treatment.
This new option joins Opdivo (Nivolumab) combined with Yervoy (Ipilimumab) as FDA-approved first-line treatments for mesothelioma. Additional clinical trials are underway to continue improving treatment options for mesothelioma.
History of Keytruda
Keytruda is an immunotherapy drug that binds to a type of immune cell. This prevents cancer cells from suppressing the immune system. This in turn enables the immune system to attack and kill cancer cells.
Side Effects of Keytruda With Chemotherapy Drugs
Blisters
Constipation
Cough
Decreased appetite
Diarrhea
Feeling tired or weak
Fever
Hair loss
Joint pain
Muscle pain
Nausea
Rash
Swelling
Trouble breathing
Trouble sleeping
Urinary tract infection
Vomiting
The FDA has approved Keytruda for the treated of melanoma, non-small cell lung cancer and head and neck cancers. You can use it alone or with other drugs.
A new grant program with $75 million in state funding aims to keep Pennsylvania school children safe. According to Pennsylvania Governor Josh Shapiro, the money will be allocated to more than 100 schools, districts and education centers statewide to remediate asbestos and mold, improve school water infrastructure and install treatment devices to reduce lead exposure.
School districts in Lehigh County, for example, are set to receive $587,236. Allentown will receive $113,801, Salisbury Township will receive $457,920 to and Whitehall-Coplay will receive $15,515.
The School District of Philadelphia will receive about 10% of the funding. – Within the last 5 years, asbestos forced at least 11 schools in the district to close for abatement and remediation.
While the district’s $7.8 million is the maximum amount of funding for an individual school district, it’s a fraction of what’s needed to offset the costs the district has spent on building improvements. The district estimates it needs around $7 billion to recoup its losses.
These funds will reportedly be applied to offseting the $20 million cost to repair Frankford High School. The school was shut down in 2023 when damaged asbestos – which poses a particular risk of asbestos exposure – was found. The school isn’t expected to reopen to students and staff until the 2025-2026 school year.
“Our students should be able to drink clean water from the water fountains that isn’t going to make them sick,” said Pennsylvania Governor Josh Shapiro. “They should be able to breathe clean air, free of mold and asbestos, and they should be in classrooms that are warm in the winter and cool in the summer. Our kids deserve to learn in world-class facilities that are safe and healthy.”
Superintendent of the School District of Philadelphia Tony Watlington said in a statement: “The School District of Philadelphia is pleased that the Commonwealth of Pennsylvania has recognized the ongoing need for additional resources to manage environmental conditions in District schools and the vital work needed to maintain healthy and welcoming learning spaces.”
Asbestos Risks in Philadelphia Schools
The asbestos crisis in Philadelphia schools gained national attention in May 2018, thanks to The Philadelphia Enquirer’s reporting. In 2019, teacher Lea DiRusso was diagnosed with mesothelioma. Soon after, the school board warned other teachers about the potential risks of asbestos in classrooms.
Other local teachers who have been diagnosed with cancers have filed lawsuits against the School District of Philadelphia. These asbestos lawsuits claim the plaintiffs’ cancer was a direct result of working inside Philadelphia schools.
In October 2023, another 3 Philadelphia educators filed a lawsuit against the school district. The lawsuit claims their rights were violated when the school district allegedly punished them for protesting unsafe working conditions.
The teachers were working outside rather than inside the Julia R. Masterman Laboratory and Demonstration School during 2 teacher workdays. The teachers explained they were working outside in protest over more than 100 sources of asbestos found within Masterman in 2018-2019.
Toxic Asbestos Dangers
Dr. William Hite Jr., former superintendent of Philadelphia schools and current CEO of the education nonprofit organization KnowledgeWorks, says approximately 80% of Philadelphia schools were built before 1978 and likely contain asbestos. Asbestos use in building materials was widespread before the late 1980s and early 1990s.
Legacy asbestos in older structures poses a significant exposure risk today. Damaged asbestos can easily become airborne, leading to inhalation or ingestion of asbestos fibers.
Teachers, custodians, faculty and staff, as well as students can all be at risk for asbestos inhalation when old asbestos products decay or become damaged. Asbestos is the primary cause of mesothelioma and many other asbestos-related diseases. Once asbestos fibers are in the body, it can take decades for symptoms to develop. The latency period for mesothelioma is between 20 and 60 years.
A new grant program with $75 million in state funding aims to keep Pennsylvania school children safe. According to Pennsylvania Governor Josh Shapiro, the money will be allocated to more than 100 schools, districts and education centers statewide to remediate asbestos and mold, improve school water infrastructure and install treatment devices to reduce lead exposure.
School districts in Lehigh County, for example, are set to receive $587,236. Allentown will receive $113,801, Salisbury Township will receive $457,920 to and Whitehall-Coplay will receive $15,515.
The School District of Philadelphia will receive about 10% of the funding. – Within the last 5 years, asbestos forced at least 11 schools in the district to close for abatement and remediation.
While the district’s $7.8 million is the maximum amount of funding for an individual school district, it’s a fraction of what’s needed to offset the costs the district has spent on building improvements. The district estimates it needs around $7 billion to recoup its losses.
These funds will reportedly be applied to offseting the $20 million cost to repair Frankford High School. The school was shut down in 2023 when damaged asbestos – which poses a particular risk of asbestos exposure – was found. The school isn’t expected to reopen to students and staff until the 2025-2026 school year.
“Our students should be able to drink clean water from the water fountains that isn’t going to make them sick,” said Pennsylvania Governor Josh Shapiro. “They should be able to breathe clean air, free of mold and asbestos, and they should be in classrooms that are warm in the winter and cool in the summer. Our kids deserve to learn in world-class facilities that are safe and healthy.”
Superintendent of the School District of Philadelphia Tony Watlington said in a statement: “The School District of Philadelphia is pleased that the Commonwealth of Pennsylvania has recognized the ongoing need for additional resources to manage environmental conditions in District schools and the vital work needed to maintain healthy and welcoming learning spaces.”
Asbestos Risks in Philadelphia Schools
The asbestos crisis in Philadelphia schools gained national attention in May 2018, thanks to The Philadelphia Enquirer’s reporting. In 2019, teacher Lea DiRusso was diagnosed with mesothelioma. Soon after, the school board warned other teachers about the potential risks of asbestos in classrooms.
Other local teachers who have been diagnosed with cancers have filed lawsuits against the School District of Philadelphia. These asbestos lawsuits claim the plaintiffs’ cancer was a direct result of working inside Philadelphia schools.
In October 2023, another 3 Philadelphia educators filed a lawsuit against the school district. The lawsuit claims their rights were violated when the school district allegedly punished them for protesting unsafe working conditions.
The teachers were working outside rather than inside the Julia R. Masterman Laboratory and Demonstration School during 2 teacher workdays. The teachers explained they were working outside in protest over more than 100 sources of asbestos found within Masterman in 2018-2019.
Toxic Asbestos Dangers
Dr. William Hite Jr., former superintendent of Philadelphia schools and current CEO of the education nonprofit organization KnowledgeWorks, says approximately 80% of Philadelphia schools were built before 1978 and likely contain asbestos. Asbestos use in building materials was widespread before the late 1980s and early 1990s.
Legacy asbestos in older structures poses a significant exposure risk today. Damaged asbestos can easily become airborne, leading to inhalation or ingestion of asbestos fibers.
Teachers, custodians, faculty and staff, as well as students can all be at risk for asbestos inhalation when old asbestos products decay or become damaged. Asbestos is the primary cause of mesothelioma and many other asbestos-related diseases. Once asbestos fibers are in the body, it can take decades for symptoms to develop. The latency period for mesothelioma is between 20 and 60 years.
As the nation remembers those lost 23 years ago on September 11, 2001, we also honor those diagnosed with serious health conditions as a result of the attacks. Exposure to toxins in the aftermath at Ground Zero in New York and the Pentagon in Washington, D.C. has affected thousands of people.
Last week Fire Commissioner Robert S. Tucker of the Fire Department of the City of New York added 32 names to the World Trade Center Memorial Wall. These FDNY firefighters lost their lives to 9/11-related illnesses.
The number of firefighters who lost their lives because of illnesses connected to asbestos and other carcinogens has now exceeded the number of those who died on 9/11. As Commissioner Tucker explained during the ceremony at department headquarters in Brooklyn, more than 360 FDNY firefighters have died from exposure-related illnesses. On the day of the attack, 343 FDNY members died.
“As we do every year, we will reflect on the 343 members who died that day, and we will be sobered in knowing that those insurmountable losses did not end at the World Trade Center site,” Tucker said. “Instead, we have seen our members become sick because of time they spent working in the rescue and recovery. …While there is great sadness here, there is also tremendous gratitude for time spent, for promises kept, and in knowing that each of these members would do it all again if asked. That’s the beauty of the FDNY.”
The New York Police Department remembered its 23 members who died in the line of duty on 9/11. They also honored the 377 NYPD members who have since died of exposure-related diseases. The Federal Bureau of Investigations has also added 27 names of those in NY and at the Pentagon who have died of health complications to the 2 names of those who died on 9/11 on its Wall of Honor.
Anyone in or near the Pentagon or within range of the plume of “WTC dust” in New York City is at risk of diagnoses such as cardiovascular disease, respiratory issues and cancers such as lung cancer and mesothelioma. Survivors are now facing this risk with annual medical screenings while many others are coping with a diagnosis.
Risks and Support for Pentagon Survivors
Military personnel, civilian staff members and the construction workers and other crew members involved in renovations at the Pentagon that were underway before the attack were exposed to a number of serious carcinogens. Lee Evey, charged with the renovations, told CBS News in March 2000 the building was “a time bomb ticking” with carcinogens such as 10,000 tons of asbestos in it.
The Historical Office of the Secretary of Defense wrote in a 2007 study about 9/11 and the Pentagon, “Searchers often had to make their way through several feet of rubble. …Asbestos lay exposed and lead paint peeled off walls. A layer of black soot covered virtually every surface. Without lights it was pitch dark; even with flashlights dust in the air limited visibility to 10 feet in places.”
As Aaron Munz, the director of the Veterans Department at The Mesothelioma Center, explained, “Thousands of military personnel and Department of Defense employees were exposed to asbestos dust that was created by the impact of American Airlines Flight 77 into the west side of the country’s largest office building. Countless additional first responders, volunteers and contractors were exposed in the search and rescue operations and building repair in the following months.”
He added, “We can help veterans who have developed a lung disease or cancer resulting from asbestos exposure connect with VA benefits.” Aaron explained that often veterans have questions about the kind of support available to them, and he and his colleagues are available to answer questions, help file VA claims and provide guidance.
Risks and Support for New Yorkers Exposed to Ground Zero and the Plume
In addition to first responders, workers and rescuers who were at Ground Zero, anyone exposed to the plume of contaminants over New York City is potentially at risk. As an October 2023 study in the Journal of Rheumatology explained, “…the disaster resulted in chronic as well as acute WTC dust exposure, impacting upwards of 400,000 people.”
“The dust remained in surrounding areas with potential for continuous resuspension. WTC dust, often inches thick, settled in both outdoor and indoor locations,” the researchers added. “Inhalation of WTC dust resulted in both immediate and long-term adverse health impacts, including epigenetic alterations and cancer development.”
A December 2023 report in Epigenomes concluded, “WTC dust exposure appears to be associated with biologically meaningful DNA methylation changes, with implications for carcinogenesis and development of other chronic diseases.” And a February 2024 study in the Journal of Occupational and Environmental Medicine found, “Cluster analysis confirms low FVC [low forced vital capacity, which indicates restricted breathing] and COPD/pre-COPD as distinctive chronic lower airway disease phenotypes [characteristics] on long-term surveillance of the WTC workers.”
For those diagnosed with mesothelioma as a result of their asbestos exposure, there are resources such as a private, dedicated support group. Patient Advocates can connect survivors to mesothelioma specialists and help people navigate their diagnosis through each step of the process. Financial assistance options to cover medical expenses are also available in addition to receiving support from the 9/11 funds.
As the nation remembers those lost 23 years ago on September 11, 2001, we also honor those diagnosed with serious health conditions as a result of the attacks. Exposure to toxins in the aftermath at Ground Zero in New York and the Pentagon in Washington, D.C. has affected thousands of people.
Last week Fire Commissioner Robert S. Tucker of the Fire Department of the City of New York added 32 names to the World Trade Center Memorial Wall. These FDNY firefighters lost their lives to 9/11-related illnesses.
The number of firefighters who lost their lives because of illnesses connected to asbestos and other carcinogens has now exceeded the number of those who died on 9/11. As Commissioner Tucker explained during the ceremony at department headquarters in Brooklyn, more than 360 FDNY firefighters have died from exposure-related illnesses. On the day of the attack, 343 FDNY members died.
“As we do every year, we will reflect on the 343 members who died that day, and we will be sobered in knowing that those insurmountable losses did not end at the World Trade Center site,” Tucker said. “Instead, we have seen our members become sick because of time they spent working in the rescue and recovery. …While there is great sadness here, there is also tremendous gratitude for time spent, for promises kept, and in knowing that each of these members would do it all again if asked. That’s the beauty of the FDNY.”
The New York Police Department remembered its 23 members who died in the line of duty on 9/11. They also honored the 377 NYPD members who have since died of exposure-related diseases. The Federal Bureau of Investigations has also added 27 names of those in NY and at the Pentagon who have died of health complications to the 2 names of those who died on 9/11 on its Wall of Honor.
Anyone in or near the Pentagon or within range of the plume of “WTC dust” in New York City is at risk of diagnoses such as cardiovascular disease, respiratory issues and cancers such as lung cancer and mesothelioma. Survivors are now facing this risk with annual medical screenings while many others are coping with a diagnosis.
Risks and Support for Pentagon Survivors
Military personnel, civilian staff members and the construction workers and other crew members involved in renovations at the Pentagon that were underway before the attack were exposed to a number of serious carcinogens. Lee Evey, charged with the renovations, told CBS News in March 2000 the building was “a time bomb ticking” with carcinogens such as 10,000 tons of asbestos in it.
The Historical Office of the Secretary of Defense wrote in a 2007 study about 9/11 and the Pentagon, “Searchers often had to make their way through several feet of rubble. …Asbestos lay exposed and lead paint peeled off walls. A layer of black soot covered virtually every surface. Without lights it was pitch dark; even with flashlights dust in the air limited visibility to 10 feet in places.”
As Aaron Munz, the director of the Veterans Department at The Mesothelioma Center, explained, “Thousands of military personnel and Department of Defense employees were exposed to asbestos dust that was created by the impact of American Airlines Flight 77 into the west side of the country’s largest office building. Countless additional first responders, volunteers and contractors were exposed in the search and rescue operations and building repair in the following months.”
He added, “We can help veterans who have developed a lung disease or cancer resulting from asbestos exposure connect with VA benefits.” Aaron explained that often veterans have questions about the kind of support available to them, and he and his colleagues are available to answer questions, help file VA claims and provide guidance.
Risks and Support for New Yorkers Exposed to Ground Zero and the Plume
In addition to first responders, workers and rescuers who were at Ground Zero, anyone exposed to the plume of contaminants over New York City is potentially at risk. As an October 2023 study in the Journal of Rheumatology explained, “…the disaster resulted in chronic as well as acute WTC dust exposure, impacting upwards of 400,000 people.”
“The dust remained in surrounding areas with potential for continuous resuspension. WTC dust, often inches thick, settled in both outdoor and indoor locations,” the researchers added. “Inhalation of WTC dust resulted in both immediate and long-term adverse health impacts, including epigenetic alterations and cancer development.”
A December 2023 report in Epigenomes concluded, “WTC dust exposure appears to be associated with biologically meaningful DNA methylation changes, with implications for carcinogenesis and development of other chronic diseases.” And a February 2024 study in the Journal of Occupational and Environmental Medicine found, “Cluster analysis confirms low FVC [low forced vital capacity, which indicates restricted breathing] and COPD/pre-COPD as distinctive chronic lower airway disease phenotypes [characteristics] on long-term surveillance of the WTC workers.”
For those diagnosed with mesothelioma as a result of their asbestos exposure, there are resources such as a private, dedicated support group. Patient Advocates can connect survivors to mesothelioma specialists and help people navigate their diagnosis through each step of the process. Financial assistance options to cover medical expenses are also available in addition to receiving support from the 9/11 funds.
The McLean County Museum of History in Bloomington, Illinois recently unveiled a new exhibit focusing on asbestos, corporate deception and the fight for workers’ rights. The exhibit opens on Saturday, September 7, 2024 and runs through 2027.
The display entitled “A Deadly Deception: The Asbestos Tragedy in McLean County” delves into the history of asbestos and digs deeper into the Union Asbestos and Rubber Company. Unarco produced asbestos insulation products at the plant in Bloomington between 1951 and 1972. Unarco moved its facilities from Cicero to Bloomington in 1951 after settling several workers’ compensation cases in the Chicago area.
Unarco filed for bankruptcy in 1982 following multiple asbestos lawsuits. Unarco also established an asbestos trust fund for former workers with asbestos-related diseases such as mesothelioma. The now closed trust fund settled 188,406 claims and paid out $262,248,992.
Tip of the Asbestos Iceberg
The exhibit’s creators want everyone to know what happened in Bloomington, Illinois is just one example of how asbestos affected workers and their families. The exhibit was in development for a decade.
Historian and exhibit co-curator Mike Matejka spoke with the Mesothelioma Center at Asbestos.com, telling us: “Unarco isn’t an outlier; this is a case study of people being used as guinea pigs with long-term implications. This exhibit is an example of a larger problem, not just in Bloomington.”
“This exhibit tells a story larger than just McLean County,” said Museum Executive Director Julie Emig. “It’s a universal story of people being sacrificed and forced to endure toxic conditions and environmental hazards, all in the pursuit of profit.”
It’s possible many more people actually died from asbestos exposure linked to the Unarco plant. Since the dangers of asbestos weren’t fully known in the past, many people who lost their lives from an asbestos-related disease likely didn’t have that listed as their cause of death on a death certificate.
Organizers of the exhibit believe more people may come forward with stories of loved ones who may have died from their exposure at the Unarco plant. “We’re hoping to hear from more family members of people who died from an asbestos-related illness from this exhibit,” added Matejka.
Display Honoring Lives Lost
When guests arrive at the McLean County Museum of History, they’ll see a visual history of the Unarco plant. Also included in the exhibit are quotes and personal stories of people asbestos at the facility has affected, a large display of consumer products that contained asbestos and X-rays making the damage asbestos can do to lungs clear.
Memorial wall display at the McLean County Museum of History
You can also see a memorial wall at the exhibit listing the names of 133 people in McLean County whose deaths are linked to asbestos exposure. The memorial includes the name William McHenry, as well as his wife and three children’s names, who all died from secondary asbestos exposure as a result of McHenry’s job at the Unarco plant. Secondary exposure occurs when a person who works with asbestos products brings the toxic fibers home on their hair, skin or clothing.
“As new products, chemicals and materials come into production, workers are often the guinea pigs who first suffer the ill effects,” explained Matejka. “Despite continual reassurances that the product is safe, workers, their families and neighbors bear the medical and social costs.”
Asbestos Risks for Factory Workers
Factory workers and machine operators are at a high risk of developing an asbestos-related disease. That’s because asbestos products can become friable, propelling toxic fibers into the air that can be inhaled or ingested. The danger is exceptionally high for workers at a company like Unarco since they handled insulation products made from asbestos.
Emil Badovinatz working at Unarco. Courtesy McLean County Museum of History
Asbestos safety in the workplace remains important for occupations such as automotive repair, chlor-alkali production, construction, demolition and jobs in the nuclear industry. The Occupational Safety and Health Administration and the United States Environmental Protection Agency created stringent guidelines to protect workers from dangerous asbestos. Both agencies can impose fines against employers for violating workplace standards, ensure workplaces are regularly inspected and make sure that workers are properly trained.
Asbestos exposure is the No. 1 cause of work-related deaths globally. Once inhaled, asbestos fibers can become trapped in the body. Symptoms of an asbestos-related illness can take decades to develop after the initial exposure.
Johnson & Johnson is adding $1.1 billion to its proposed talc settlement of $6.475 billion to resolve approximately 62,000 personal injury talc lawsuits. If given final approval, the $7.575 billion settlement would be paid over the course of more than 25 years.
The lawsuits that are part of this settlement claim asbestos-contaminated talc in J&J’s products caused the plaintiffs’ cancer. If finalized, the proposed settlement would resolve 99.75% of the company’s remaining ovarian cancer lawsuits in the U.S. However, this settlement won’t affect any of the company’s remaining mesothelioma lawsuits.
J&J says it has agreed on the deal with a lawyer representing 12,000 plaintiffs. Lawyer Allen Smith had been a holdout on the plan but now recommends his clients agree to the proposal in exchange for “additional monetary and non-monetary benefits for all talc claimants.”
Part of the proposal involves J&J creating a subsidiary to handle the claims, which will then declare bankruptcy. This move is known as a Texas two-step. Companies use this controversial strategy to settle class action lawsuits. The company plans on having a subsidiary file for bankruptcy before the end of September 2024. The company is confident a judge will approve its settlement plan.
“As the lawyer who started this litigation and tried the most cases, I feel strongly that the terms being offered to talc claimants are fair and that this is the best and most realistic option available for claimants to recover for their claims in a timely manner,” Smith said in J&J’s press release. “The opposition to this plan has no meaningful alternative proposal for getting their claimants a better recovery on any sort of realistic timeline, and therefore, any opposition should cease.”
Voting on the J&J Proposal
Thousands of plaintiffs in talc lawsuits had a deadline of July 26, 2024, to vote on J&J’s proposed bankruptcy settlement made in May 2024. For a judge to approve the proposed plan, the company needs support from at least 75% of claimants.
Unofficial results revealed soon after the deadline showed enough claimants voted in favor of the proposal. In August 2024, J&J allowed additional time to vote following a request from the plaintiffs’ lawyer.
J&J has already attempted to file bankruptcy via a subsidiary 3 times. In a recent rejection, the judge explained the company isn’t in financial distress and is, therefore not in need of filing for bankruptcy.
J&J Legal Battles and Asbestos Hazards
Though J&J maintains its talc-based products were safe, court documents in previous lawsuits show company executives were aware of asbestos contamination at talc mines as early as the 1950s. So far, J&J has paid roughly $1 billion in legal defense in talc cases.
J&J removed all talc-based products from the worldwide market in 2023. It now sells a version of baby powder containing cornstarch instead of talc.
Asbestos is a naturally occurring toxic mineral found in rock and soil. Because it’s resistant to heat, corrosion and electricity, asbestos was used in many products used in industries including construction, the military and automotives. If asbestos fibers are inhaled or ingested, they can become trapped in the body, causing inflammation that can potentially lead to cancer.
Exposure to asbestos is the primary cause of mesothelioma. The deadly mineral can also cause several other asbestos-related diseases, including asbestosis, COPD, ovarian cancer, laryngeal cancer and lung cancer. The symptoms of these diseases typically develop decades after the initial exposure.
Several schools in the U.S. are dealing with recent asbestos discoveries. Exposure concerns are causing disruptions just as students are back or heading back to school across the country, with delays, remediation efforts and safety fears.
In Maine, the discovery of asbestos at Bowdoinham Community School has delayed the school year. North Carolina is conducting a statewide inspection of 3,100 schools and 5,700 daycares for asbestos and lead contamination as part of a $26 million EPA initiative.
In Ohio, ACCEL Schools is addressing asbestos issues following an EPA mandate, while community members in Michigan are opposing the demolition of Roosevelt Elementary over contamination fears. Similarly, Philadelphia’s Frankford High School remains closed for asbestos abatement, with a planned reopening in 2025 after a $19.9 million renovation.
Philadelphia has been a hotspot for asbestos exposure-related issues, with several schools forced to close in recent years. Teachers diagnosed with asbestos-related diseases have filed lawsuits as well. These cases highlight the nationwide challenge of managing asbestos hazards in aging school buildings, as school districts navigate the need for safety, financial constraints and community concerns over exposure risks.
The toxic mineral is likely present in many U.S. schools built before the public became more aware of its links to cancer and began filing lawsuits in the late 20th century. According to the U.S. Environmental Protection Agency, asbestos-containing materials are present nationwide in most primary, secondary and charter schools.
As old asbestos products in schools wear down or are damaged, custodians are at particular risk of inhaling fibers propelled into the air. Teachers and students have also been diagnosed with mesothelioma as a result of asbestos, which is the primary cause of this malignant cancer.
Asbestos Concerns Delay School for Maine Students
In Maine, the school year is delayed for students at Bowdoinham Community School as the district scrambles to relocate classes and adjust schedules. A section of the school will remain closed for the entire school year after asbestos was discovered inside insulation in the 70-year-old building. A contractor preparing to install new wiring noticed some vermiculite insulation containing asbestos on top of newer fiberglass insulation in the ceilings of some classrooms.
Vermiculite is a naturally occurring mineral once used as a common insulation. The mineral is safe if kept pure, but around 75% was mined in Libby, Montana, where it’s likely contaminated with amphibole asbestos.
Libby is considered one of the worst human-caused environmental disasters following decades of mining that exposed the entire area to asbestos. While vermiculite is no longer used in construction, the United States Geological Survey says the material is still inside an estimated 1 million homes and buildings across the U.S.
School superintendent Heidi O’Leary says air quality tests throughout the building are “good.” O’Leary believes there are no health concerns or signs of asbestos in the air. The district is busy working on an asbestos abatement plan.
In a letter sent to families and staff, O’Leary states: “We understand that these changes may cause some inconvenience, and we appreciate your patience and understanding as we navigate this situation. Our goal is to ensure a safe learning environment while minimizing disruptions to our students’ education.”
Asbestos Testing Ongoing at North Carolina Schools
Testing for lead and asbestos is underway at all schools and daycares across North Carolina. The 3-year process began in 2023. Starting with elementary schools, testing of schools with low-income students is next and then schools built before 1988.
Once the testing of 3,100 schools and 5,700 daycares is complete, results will be posted on a public website. Officials will notify students’ families whenever asbestos is detected at a school.
The EPA announced $26 million in grants in August 2024 that are funding the testing. The money is aimed at protecting children in schools and childcare facilities nationwide.
EPA Orders Ohio Charter Schools to Address Asbestos
Classes are starting back up on time in parts of Ohio following a summer of asbestos and lead paint remediation. The EPA imposed a mandate in June 2024 on ACCEL Schools Ohio LLC following a violation involving lead paint and deteriorating asbestos at 3 charter schools. ACCEL is a public charter school system operating 77 charter schools.
The EPA also discovered the school system lacks a required asbestos management plan. The charter school system hired an environmental consulting firm to inspect each school campus and take the necessary actions to reopen for the upcoming school year.
Asbestos Floor Tile Checker Pattern in School Classroom by Asbestorama
At a public school in Tipp City, Ohio, parents and school officials are calling for a new building following the discovery of asbestos. A roof leak brought attention to asbestos in the gym at Broadway Elementary School in March 2024. Because the school was built in the 1950s, it’s likely asbestos products are present throughout the building.
A vote passed in March 2024 to create a new PreK-8 school. If everything goes as planned, the new school will open in August 2027.
School Demolition Plan in Michigan Still Looming
In Birmingham, Michigan, the decision to demolish a century-old school remains up in the air over asbestos concerns. West Bloomfield School District’s plans to tear down Roosevelt Elementary School are still in the works, but local residents worry about the potential for asbestos fibers to become airborne as a result of demolition.
Last year, the school district hired Arch Environmental, an environmental consulting and waste management firm, to inspect the school for asbestos. Arch Environmental detected asbestos-containing materials in more than 65,000 square feet of the building.
The nonprofit organization Heart of the Lakes Community Inc. filed a lawsuit against the West Bloomfield School District. The suit aims to prevent the demolition of Roosevelt Elementary School.
“We’re afraid of potential contamination by not abating all of the asbestos in that building, which should be done,” said Heart of the Lakes member Brad Babbitt. “So that’s an endangerment to the community, and it’s also financially irresponsible.”
Babbitt added, “It doesn’t make any sense to take a building that’s perfectly sound and demolish it when developers want to make it into something that would really be special for the community. We just don’t understand why West Bloomfield’s doing this.”
Attorney Timothy Mullins, who is representing the school district, countered,“Buildings are torn down all the time. There’s a certain way to do it; that’s why you do the asbestos abatement before you do the demolition, so there’s no asbestos in there when you do the demolition. … so there is no danger to anybody’s health.”
Meanwhile, a Wexford County, Michigan, elementary school recently underwent asbestos removal. School superintendent Jack Ledford says asbestos was eliminated from a room in the building. The room with the asbestos inside closed, and employees were sent home after the discovery. The room reopened following proper abatement practices and 2 clean air checks.
Philadelphia Area High School to Fully Reopen Next School Year
Frankford High School in Philadelphia is expected to reopen to students and staff for the 2025-2026 school year. It has been closed since April 2023 because of asbestos.
The 108-year-old building has a $19.9 million plan to refresh the main section of the school from the ground up to the fourth floor. School district officials say once the work is completed, there will also be new classroom ceilings, LED energy-efficient lights and new vinyl flooring for the cafeteria.
Asbestos abatement work includes:
Enclosure of asbestos-containing materials, including laminate panels installed over plaster walls in corridors and classrooms
Removal of plaster ceilings
Removal of vinyl asbestos floor tile in the building’s basement
“Frankford has been an important and historic center for learning for more than a century in Philadelphia,” Chief Operating Officer Oz Hill said in a release. “We are confident this investment will enable us to safely reopen the building to students and staff.”
“We are grateful for the patience and cooperation of the Frankford community,” Hill added. “[We] are working cooperatively with school leadership and meeting every quarter to provide updates on our progress.”
Juan Namnun, an award-winning health and physical education teacher at Frankford High School in Philadelphia, was diagnosed with papillary carcinoma in 2022. His diagnosis…
Asbestos in Philadelphia area schools received national attention when The Philadelphia Enquirer brought the problem to light in May 2018. Between 2019 and 2020, at least 11 schools had to be partially or fully closed for asbestos abatement and remediation.
According to superintendent Dr. William Hite Jr., approximately 80% of Philadelphia schools were built before 1978 and are likely to contain asbestos. Teachers diagnosed with asbestos-related cancers have filed lawsuits against the district.
In August 2019, Philadelphia area school teacher Lea DiRusso was diagnosed with mesothelioma after teaching at 2 asbestos-contaminated schools for nearly 30 years. Soon after the school board warned other local teachers about the risks of working around asbestos in its schools. In February 2020, DiRusso received an $850,000 settlement from the Philadelphia School Board.
Physical education teacher Juan Namnun filed an asbestos lawsuit against the School District of Philadelphia in March 2024 after his diagnosis of a rare form of breast cancer. His lawsuit claims his diagnosis of papillary carcinoma is a direct result of repeated exposure to asbestos while working at Frankford High School for many years.
Several studies show asbestos-related chronic inflammation can increase the risk of developing breast cancer. Namnun’s attorneys also argue that the school district covered up asbestos contamination at the school.
The Center for Asbestos Related Disease clinic, known as CARD, is asking an appeals court to reverse a 2023 ruling. A jury verdict found the Montana-based health clinic filed 337 false claims for patients who received Medicare and other benefits they weren’t qualified to receive. CARD was then on the hook for nearly $6M in fines and penalties.
The verdict was the result of a lawsuit the Burlington Northern Santa Fe Corporation Railway filed against CARD. Courts have already established BNSF shares some responsibility for spreading asbestos in and around the Libby area when shipping the toxic mineral via rail.
BNSF questioned the authenticity of many of the asbestos-related cases from the clinic. The railway’s lawsuit claims the clinic over-diagnosed asbestos-related diseases and submitted claims on patient’s behalf without confirming that the patients had an asbestos-related disease.
CARD was created in 2000 to treat people exposed to toxic asbestos in the Libby, Montana area. The nonprofit health clinic offers medical screenings and resources for people who may have been exposed to asbestos. Its services include full physical examinations, X-rays, CT scans, breathing tests and blood work.
CARD attorney Tim Bechtold told a panel of judges with the 9th U.S. Circuit Court of Appeals that the clinic complied with federal law. He argued that according to a provision in the 2009 Affordable Care Act, asbestos-related diseases can be determined for Libby-area residents even without a clinical diagnosis, as long as there is other evidence of disease, like an X-ray from an outside party.
BNSF and Asbestos Contamination
BNSF Attorney Dale Schowengerdt argued an outside X-ray reader can identify abnormalities in a patient’s lungs, but can’t diagnose them as an asbestos-related disease. “The abnormality could be asbestos-related disease, but it could also be a broken rib, emphysema, past thoracic surgery, autoimmune disease,” Schowengerdt said in a statement to the Associated Press.
The railway is itself the defendant in hundreds of asbestos-related lawsuits tied to Libby. In April 2024, a federal jury said BNSF contributed to 2 deaths of people exposed to asbestos decades ago when it further spread asbestos via rail. Both Joyce Walder and Thomas Wells died in 2020 from mesothelioma.
BNSF formed in 1995 after Burlington Northern merged with Sante Fe Railway creating the largest rail network in the U.S. In 2010, investor and businessman Warren Buffett’s conglomerate Berkshire Hathaway, Inc. acquired BNSF. The company celebrated 175 years in operation in February 2024.
Libby’s History With Asbestos and CARD
Libby is a former vermiculite ore mining town. Because vermiculite and asbestos are both naturally occurring minerals that form near each other, vermiculite can become contaminated. Decades of vermiculite mining exposed miners, as well as residents of Libby and the nearby town of Troy, to deadly asbestos.
The area around the Libby mine was declared a Superfund site in 2002. The town is contaminated with hazardous materials and, according to the U.S. Environmental Protection Agency, is a candidate for cleanup. With the exception of the former vermiculite mine and the surrounding forested areas, The EPA completed its investigation and cleanup of most of the Libby area in 2018.
As of August 2024, the EPA says a 400-acre industrial site in Libby is now clean and is no longer a threat to the public. The land has been removed from the Libby Asbestos Superfund site. The EPA plans on suggesting options to also clean up the former mine and the surrounding forest over the next 2 years. The mine is the original source of the asbestos contamination and remains on the superfund list.
As CARD explains about its origins, “After the Agency for Toxic Substances and Disease Registry screenings during 2000 and 2001 identified the elevated prevalence of lung diseases, it became apparent to the community that long-term screening and specialty care needed to be established in Libby. CARD has an ongoing grant from the Center for Disease Control and Prevention and ATSDR to continue this service.”
The clinic filed for Chapter 11 bankruptcy in August 2023, soon after the jury ruled the clinic would need to pay nearly $6 million in penalties. Court documents show CARD has certified more than 3,400 people with asbestos-related diseases and has received more than $20 million in federal funding.
A jury in South Carolina has awarded Michael Perry $63.4 million. Perry, who was diagnosed with mesothelioma in July 2023, filed a lawsuit against Johnson & Johnson, claiming daily use of the company’s talc-based baby powder caused his cancer.
The jury also found co-defendant American International Industries negligent and liable. AII is a California-based cosmetics manufacturer known for its beauty and skin-care products. The jury says it found clear evidence that both companies’ actions were “willful, wanton or reckless.”
During the trial, Perry’s attorneys argued J&J was aware of the dangers of its talc-based products for years but kept it a secret from the public. Court documents from previous lawsuits have proven the company discussed asbestos contamination possibilities and risks related to the talc used in its products since the 1950s.
“Neither Michael nor any other consumer should be put in harm’s way,” said attorney Ben Adams. “Johnson & Johnson continues to refuse to accept accountability for the lives they’ve taken. But today, the jury saw through their tactics and delivered a measure of justice. And for that, we are deeply grateful.”
J&J Says It Will Appeal the Verdict
J&J continues to insist its talc products weren’t contaminated with asbestos and don’t cause cancer. Instead, the company suggested Perry’s mesothelioma is the result of working with asbestos-containing brake pads in his father’s garage.
J&J Worldwide Vice President of Litigation Erik Haas claims: “The Court made a series of erroneous rulings before and during the trial that prevented Johnson & Johnson— and the other manufacturer defendant — from presenting its defense and forced the Company to move for a mistrial on multiple grounds. We will immediately appeal and are confident that the verdict will be reversed, like the majority of aberrant adverse verdicts that have no basis in the law or science. The verdict is irreconcilable with the decades of independent scientific evaluations confirming talc is safe, does not contain asbestos and does not cause cancer.”
According to research from the National Institutes of Health published in the Journal of Clinical Oncology, talcum powder can cause ovarian cancer. The risk is higher for those exposed to talc for longer periods of time or more frequently. More than 50,000 U.S. women ages of 35 to 74 years old were involved in the study. Perry is one of thousands of people who’ve filed a talc lawsuit against J&J, claiming its products cause cancer. The company recently earned approval to move forward with a proposed $6.475 billion settlement plan that will resolve 99.75% of its remaining lawsuits.
Avon Products Inc. has filed for bankruptcy as it faces 200 lawsuits related to its talc-based products. Plaintiffs claim their cancer diagnoses are the result of asbestos contamination in the company’s products. According to an Avon press release, the Chapter 11 bankruptcy protection move is meant to “address its debt and legacy talc liabilities.”
The company’s operating businesses and international operations won’t be part of the bankruptcy proceedings. Only Avon Products, the U.S.-based “non-operational” holding company, which handles overseas marketing, is filing.
A holding company is a parent company of several smaller business entities. This structure is used to protect a business’ assets, separating the debts of one specific piece from the company’s other parts.
In addition to the Chapter 11 news, Avon also announced it’s entered into an agreement to sell its equity interests in the company’s non-U.S. operations for $125 million with Natura & Co. Brazil-based Natura purchased Avon Products Inc. in 2020.
Natura’s latest acquisition would be in the form of a credit bid, which is when a creditor uses its claim against a debtor in an auction rather than paying cash. This move will be subject to a court-supervised auction process.
Avon Product Inc. Chairperson John Dubel said in a statement: “Today’s action and the proposed sale of Avon’s non-U.S. operations will maximize the value of our assets and enable us to address our obligations in an orderly manner.”
Kristof Neirynck, chief executive officer of Avon, added: “We remain focused on advancing our business strategy internationally, including modernizing our direct selling model and reigniting the brand to accelerate growth. Since becoming CEO earlier this year, I am increasingly energized by our strengths and opportunities, supported by our valued Associates and nearly 2 million Representatives around the world.”
The bankruptcy plans and sale to Natura don’t include The Avon Company. LG Household & Health Care Ltd. operates the Avon brand in the U.S. The Avon Company isn’t affiliated with other Avon entities.
Avon Cancer Lawsuits
Avon is a defendant in hundreds of talc lawsuits. Plaintiffs attribute their cancer to the use of the company’s talc-based cosmetics and personal hygiene products. The lawsuits argue asbestos-contamination compromised the safety of Avon’s products.
The company denies claims that its talc is responsible for plaintiffs’ injuries, claiming “only uses cosmetic grade talc which has been tested to confirm that it does not contain asbestos.” However, juries have disagreed in some key cases.
Rita-Ann Chapman, an Arizona woman, was awarded $52.1 million in 2022. She developed mesothelioma, which she attributed to using Avon products for most of her life.
In 2024, a jury awarded $24.4 million to the family of a Chicago area mesothelioma survivor. Their lawsuit claimed Cipriano Ramirez developed pleural mesothelioma from asbestos-contaminated talc exposure when he worked as a janitor at Avon’s manufacturing facility in Illinois in the 1980s. Talcum powder is a soft mineral added to many products like baby powder, cosmetics and deodorant to absorb moisture and reduce friction. Asbestos, also a mineral, can easily contaminate talc. Exposure to asbestos is the primary cause of mesothelioma and other serious diseases.
More than 75% of plaintiffs have voted to support Johnson & Johnson’s proposed plan to settle roughly 61,000 lawsuits for $6.475 billion, according to Bloomberg. This could clear the way for a possible third J&J bankruptcy attempt.
The company has tried unsuccessfully for years to use the “Texas Two-Step” strategy to transfer its legal liabilities to a subsidiary and then have the subsidiary declare bankruptcy. A judge previously rejected J&J’s two bankruptcy attempts, ruling the company wasn’t qualified since it wasn’t in financial distress.
A spokesperson for J&J, Clare Boyle, said the company couldn’t yet comment on the results since the vote count isn’t officially final. If approved, the plan would settle 99.75% of the company’s remaining ovarian cancer lawsuits in the U.S.
The deal wouldn’t affect any remaining mesothelioma lawsuits, which the company says will address separately. J&J has settled 95% of its mesothelioma cases.
Despite successful litigation against the company, J&J continues to deny its talc-based products cause cancer. However, according to court documents in previous lawsuits, J&J executives were aware of asbestos-contamination concerns at talc mines as early as the 1950s. The company has spent around $1 billion on legal defense in talc cases.
Andy Birchfield, who represents plaintiffs opposed to the settlement plan, calls J&J’s voting process a “fake bankruptcy election” that wouldn’t stand up in court. “No matter what tally is announced, I expect it will be challenged and eventually rejected so that juries can decide what to do about J&J’s egregious conduct,” he said.
A jury has awarded the family of a Chicago area mesothelioma survivor a $24.4 million verdict. The lawsuit named Avon Products, Inc. the defendant and alleged it processed and manufactured talc products contaminated with asbestos, causing Cipriano Ramirez’s exposure.
Ramirez worked as a janitor at Avon’s manufacturing facility in Morton Grove, Illinois in the 1980s. He was diagnosed with pleural mesothelioma in 2023.
“After carefully reviewing the facts of the case, the jury rejected Avon’s reprehensible attempts to impugn the dignity and integrity of Cipriano Ramirez and found that Avon was responsible for his cancer diagnosis,” said lead trial attorney for the plaintiff Jennifer Alesio. “No amount can give Mr. Ramirez his health back, but we are so proud of how hard this jury worked to hold Avon accountable on his family’s behalf.”
Attorney James Kramer added, “Mr. Ramirez dedicated his life to working hard for his family. He should be enjoying retirement but has been forced to spend his time fighting a cancer that could have been prevented.”
Avon’s History With Asbestos
In 2022, an Arizona woman diagnosed with mesothelioma was awarded $52.1 million in another verdict against Avon. Then 76-year-old Rita-Ann Chapman said she used Avon’s talc products most of her life.
Chapman’s lawyers argued the talc used in these products was contaminated with asbestos. Avon is known for selling a number of talc-based cosmetics.
Court records show Avon faced nearly 200 asbestos-related talc lawsuits in 2021. The company continues to claim its talc-based products are safe. However, documents submitted in these lawsuits have indicated the company was aware talc used in its products could be contaminated with asbestos.
Lawsuits have contended that not only was the company aware, but it failed to warn the public about the potential serious health risks, deliberately keeping the potential dangers secret. In 2020 Avon said it would no longer use talc in its products.
In Chapman’s lawsuit, she also named forklift manufacturer Hyster Company a defendant. Her husband had worked there and handled asbestos clutches, gaskets and brakes. She says her husband Gary brought home asbestos from his job on his clothing that she handled, causing secondary asbestos exposure.
U.S. News & World Report has named University of Texas MD Anderson Cancer Center the Best Hospital for Cancer for the tenth year in a row. Memorial Sloan Kettering Cancer Center in New York claimed the second spot on the list. Mayo Clinic in Rochester, Dana-Farber Brigham Cancer Center in Boston and City of Hope Comprehensive Cancer Center in Duarte, California rounded out the top 5.
Thoracic surgeon and Director of the New York Mesothelioma Program at Mount Sinai Dr. Andrea Wolf told the Mesothelioma Center at Asbestos.com, “We’re humbled and thankful to have such an honored recognition of the hard work of our cancer teams at Sinai and we are proud to lead an amazing thoracic surgery, radiation and medical oncology team at the New York Mesothelioma Program at Mount Sinai!”
Chairman of the Department of Thoracic Surgery at Mount Sinai, thoracic surgeon and mesothelioma expert Dr. Raja Michael Flores added, “The hospital is just a reflection of the doctors who work there – doctors like Dr Wolf who pour their whole heart and soul into every patient.”
Many of the highest ranked cancer hospitals are also renowned for their mesothelioma specialty centers. Our Patient Advocates regularly work closely with many of these top hospitals, helping mesothelioma patients connect with the best specialists.
The rankings are based on multiple benchmark procedures and conditions along with how well patients fare after treatment. The standings are also based on other unique categories important to patients such as overall quality of experience and adequate staffing of each hospital.
U.S. News & World Report’s Top 10 Best Hospitals for Cancer
MD Anderson has been ranked either first or second since the Best Hospitals for Cancer list began in 1990. The top 3 hospitals remain the same from last year, but there was some movement in other spots on the list. Dana-Farber rose one spot from No. 5 to No. 4. and City of Hope rose from No. 8 last year to No. 5.
Johns Hopkins Hospital in Baltimore is higher on this year’s list rising from No. 9 to No. 6. UCLA Medical Center in Los Angeles dropped from No. 4 to No. 9.
Hospitals of the University of Pennsylvania-Penn Presbyterian, Philadelphia
Among all treatment centers, MD Anderson also attained national rankings for certain specialties including: No. 2 for Ear, Nose & Throat; No. 9 in Urology; and No. 14 in Gastroenterology & GI Surgery. The treatment center also received “High Performing Ratings” in leukemia, lymphoma and myeloma treatment, lung cancer surgery, gynecological cancer surgery, prostate cancer surgery and colon cancer surgery.
In an announcement on the center’s website Peter WT Pisters, M.D., president of MD Anderson, commented:“At MD Anderson, our mission is clear: to end cancer. This ranking reflects our relentless commitment to excellence in patient care, research, prevention and education. I am incredibly proud of our faculty, employees, volunteers and supporters who work tirelessly every day to make this possible. Together, we are making significant strides toward a future free from cancer.”
Find a Mesothelioma Cancer Center
Access top mesothelioma cancer centers that have experience treating this rare disease.
Among the cancer specialty centers in the top 20, many are home to innovative clinical trials. A number of these top centers, such as Massachusetts General Hospital, are also teaching hospitals, educating and helping shape the future of mesothelioma treatment.
Northwestern Medicine-Northwestern Memorial Hospital, Chicago
A number of the top 20 hospitals are also National Cancer Institutes Designated Cancer Centers. NCI designation as part of the NCI Cancer Centers Program recognizes “centers around the country that meet rigorous standards for transdisciplinary, state-of-the-art research focused on developing new and better approaches to preventing, diagnosing and treating cancer.”
The Best Hospitals Honor Roll
Along with highlighting the top hospitals across the county that treat cancer, U.S. News & World Report also released a list called the Best Hospitals Honor Roll. That list spotlights hospitals offering exceptional treatment for all patients concerning several areas of health care.
Johnson & Johnson is proposing a settlement with mining companies Cyprus Mines Corporation and Imerys Talc America. If approved, J&J would initially pay $225 million and then an additional $280 million before the end of 2025.
Imerys Talc America, once a subsidiary of Cyprus Mines, was J&J’s sole talc supplier for its baby powder. Both companies have been named co-defendants with J&J in a number of talc lawsuits. As a result, Imerys filed for bankruptcy in 2019 and Cyprus Mines Corporation followed with its own bankruptcy filing in 2021.
In February 2024, Imerys and Cyprus Mines announced the creation of an $862 million trust fund to settle personal injury claims alleging asbestos-contaminated talc caused plaintiffs’ cancer. A portion of J&J’s proposed $505 million settlement with the companies would go toward their trust for talc claimants.
The legal disputes center on indemnification agreements Imerys and Cyprus contend should have made them exempt from cancer liability. However, J&J denied the indemnity agreements existed or disputed the terms.
Offer Comes Amid a Looming Deadline for Another Proposed J&J Settlement
In May 2024, Johnson & Johnson’s subsidiary LLT Management offered to pay $6.475 billion to settle all current and future ovarian cancer lawsuits nationwide. J&J faces thousands of lawsuits claiming its talc-based products cause ovarian cancer.
Court documents show J&J was aware of asbestos contamination in its talc-based products dating back to the 1950s. J&J ended worldwide use of talc in its products in 2023.
LTL Management’s proposed settlement would only cover ovarian cases and wouldn’t cover any remaining mesothelioma lawsuits. J&J says it has settled 95% of mesothelioma cases already.
At least 75% of the claimants need to agree to the deal to get approval. A final vote on the proposal is expected by July 26, 2024. If agreed upon, the money would be paid over the course of 25 years.
Past Bankruptcies, Talc’s Link to Asbestos
The multi-billion dollar settlement proposal is likely part of J&J’s plans for a third attempt at bankruptcy protection. A judge denied the company’s two failed bankruptcy attempts claiming the company wasn’t in financial distress making it unqualified for bankruptcy protection.
Both talc and asbestos are naturally occurring minerals that form close to each other in the earth. Talc is easily contaminated with asbestos during the mining process. Asbestos exposure is the primary cause of mesothelioma along with a number of other asbestos-related diseases.
