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MESOWATCH

<figure class="wp-block-image aligncenter size-full"><img loading="lazy" decoding="async" width="640" height="480" src="https://mesowatch.com/wp-content/uploads/2020/10/DSC02660.jpg" alt="linda Reinstein mesothelioma" class="wp-image-1595" srcset="https://mesowatch.com/wp-content/uploads/2020/10/DSC02660.jpg 640w, https://mesowatch.com/wp-content/uploads/2020/10/DSC02660-300x225.jpg 300w" sizes="(max-width: 640px) 100vw, 640px" /></figure>



<a href="https://www.asbestosdiseaseawareness.org/newsroom/blogs/linda-reinstein/">Linda Reinstein</a>&nbsp;lost her husband, Alan, in 2006 due to a valiant fight against mesothelioma. With their daughter and Linda by his side, Alan succumbed to the complications of his diagnosis, which was medically connected to elongated exposure to asbestos.



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&#8220;For each life lost, a shattered family is left behind,&#8221;
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Reinstein told&nbsp;Mesowatch&nbsp;in an exclusive interview.



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&#8220;Mesothelioma stole my best friend, and I desperately want him back. Hundreds of thousands of other Americans feel the same way. Asbestos-caused illnesses are entirely preventable, and Alan, and the 40,000 other Americans who die each year from asbestos, did not need to die.&#8221;
</blockquote>



Sometime before Alan&#8217;s passing, Linda co-founded the&nbsp;<a href="https://www.asbestosdiseaseawareness.org/">Asbestos Disease Awareness Organization (ADAO)</a>&nbsp;as an avenue for her to direct her anger and passion for her husband.&nbsp;



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&#8220;We were a typical American family – trusting that our government would protect our air, water, and soil from toxins – but that’s false,&#8221; she said. &#8220;Fueled by my intense grief and anger about Alan’s mesothelioma diagnosis and that asbestos had not been banned in the USA – I knew I had to turn my anger into action – so I co-founded ADAO.&#8221;
</blockquote>



Presently, 2020 is ending after an extraordinary period of adaptation that the novel COVID-19 virus pandemic caused. To make this year even more challenging, the U.S. Congress votes to indefinitely suspend debate and actions on a bill that would have banned asbestos throughout the entire country — a goal Reinstein has set her eyes on accomplishing since the death of Alan.



H.R. 1603, named the Alan Reinstein Ban Asbestos Now Act (ARBAN) in honor of her husband, was killed by&nbsp;<a href="https://democrats-energycommerce.house.gov/media?page=87">partisan squabbles among the Democratic and Republican members of Congress</a>.



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&#8220;Everyone should be able to support a ban on this known carcinogen, which has no place in our consumer products or processes. More than 40,000 Americans die every year from <a href="https://mesowatch.com/exposure/">asbestos exposure</a>, but Republicans are willing to look the other way,
</blockquote>



Committee Chairman Frank Pallone Jr. (D-N.J.) said in a statement responding to the&nbsp;<a href="https://thehill.com/policy/energy-environment/519234-house-democrats-blame-gop-as-asbestos-ban-stalls">committee&#8217;s action to indefinitely postpone the vote on H.R. 1603.</a> In November of 2019, a bipartisan coalition of members on the House Committee on Energy and Commerce mediated their differences to draft and amend the landmark bill. H.R. 1603 advanced out of the committee with 47 votes in favor versus one lone vote in opposition to its passage.



In an&nbsp;<a href="https://www.asbestosdiseaseawareness.org/newsroom/blogs/adao-presidents-statement-on-the-u-s-house-of-representatives-decision-to-remove-the-alan-reinstein-ban-asbestos-now-act-arban-from-the-suspension-calendar-without-vote/">October 2 statement</a>, Reinstein has urged Congress to revisit negotiations on H.R. 1603 due to the public health necessity to ban asbestos once and for all. Since the bipartisan consensus in Congress agrees that a ban on asbestos and a study on legacy asbestos is warranted, she hopes for responsible action to be taken.



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&#8220;I believe in the legislative process and know that the Congress members who have worked hard on this bill for nearly two years will continue to advocate for our bill,&#8221; Reinstein said at the end of our interview. &#8220;Hundreds of thousands of families who have been affected by asbestos-related illnesses are waiting for action. All Americans remain in danger of asbestos exposure.&#8221;
</blockquote>



She says her resolve is stronger than ever, too.



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&#8220;Despite the delay, we are the closest we’ve ever been to passing a ban bill, and ARBAN is the most comprehensive bill put before Congress in 30 years,&#8221; she concluded.
</blockquote>



Michael McGrady, a journalist based in Colorado, writes on public health and harm reduction topics for publications like Mesowatch.

Advocate Says The Fight To Ban Asbestos In The United States Isn’t Over

Johnson &amp; Johnson is on the verge of settling more than 50,000 lawsuits alleging that the use of its widely-used talc baby powder led to claimants <a href="https://mesowatch.com/talcum-powder/talcum-powder-and-ovarian-cancer/">developing ovarian cancer</a>. J&amp;J’s subsidiary LLT Management has drafted a new plan called <a href="https://www.usnews.com/news/health-news/articles/2024-05-02/johnson-johnson-will-pay-6-5-billion-to-settle-talc-ovarian-cancer-lawsuits" class="broken_link">“Plan of Reorganization”</a> that would pay ovarian cancer claimants around <a href="https://www.msn.com/en-us/money/companies/johnson-johnson-proposes-to-pay-65b-to-settle-talc-ovarian-cancer-lawsuits-in-us/ar-AA1nZ7gc?ocid=BingNewsSerp">$6.48 billion over 25 years</a> to resolve 99.75% of its U.S.-based talc lawsuits.



According to the company, this plan is in the best interest of claimants, who “have not recovered and will not recover anything at trial.” J &amp; J maintains this is a win-win for claimants in talc lawsuits since most cases would take decades to litigate in court. Now, ovarian cancer claimants have three months to vote for or against J&amp;J’s plan.&nbsp;



Not everyone believes this is a win-win scenario for claimants involved in these talc lawsuits. According to a leading firm in asbestos litigation, the blanket settlement may not be in the best interest of claimants or their families. In their opinion, the lawsuit payout is grossly inadequate, coming out to a mere 43K per case before liens and attorney fees. Claimants would likely forfeit their rights to future litigation once they accept the offer.&nbsp;



Cases not covered under this plan include <a href="https://mesowatch.com/talcum-powder/lawsuits/johnson-and-johnson/">personal injury lawsuits tied to claims that J&amp;J’s cosmetic talc products</a> caused the aggressive cancer known as mesothelioma. The cancer usually <a href="https://mesowatch.com/mesothelioma/pleural/">forms around the lungs</a> and is associated with asbestos exposure. In a press release, J&amp;J claims it has <a href="https://www.businesswire.com/news/home/20240501647970/en/Johnson-Johnson-Announces-Plan-by-its-Subsidiary-LLT-Management-LLC-to-Resolve-All-Current-and-Future-Ovarian-Cancer-Talc-Claims-Through-a-Consensual-%E2%80%9CPrepackaged%E2%80%9D-Reorganization">already resolved</a> 95% of mesothelioma lawsuits filed and plans to address the remaining claims outside of its new reorganization plan.



<h2 class="wp-block-heading" id="h-unveiling-the-cancer-risks-in-common-bath-and-cosmetic-products">Unveiling the Cancer Risks in Common Bath and Cosmetic Products</h2>



Consumers tend to have a common expectation that the products they use on their skin and consume meet certain safety standards. The majority of companies take the necessary steps to conduct rigorous testing on a new product before releasing it for sale to the public. The companies that manufacture these products also must adhere to production standards to ensure consumer safety. The slightest mistake can lead to a <a href="https://www.weinsteincaggiano.com/blog/2024/04/why-might-bath-and-beauty-products-contain-asbestos/" class="broken_link">consumer&#8217;s illness</a> or bacterial contamination.



Over the past 10 to 15 years, a wave of lawsuits regarding dangerous product contamination. has continued to hit the health and beauty business. Unlike commonly filed lawsuits citing bacteria and unsanitary manufacturing conditions, these litigation cases are based on contamination with a known carcinogen. Most of these lawsuits allege that <a href="https://mesowatch.com/talcum-powder/talcum-powders-that-contain-asbestos/">talc powder had asbestos contamination</a> &#8211; a known carcinogen. The question is how does a carcinogen like asbestos end up in products made to use on the human body?



<h2 class="wp-block-heading" id="h-exploring-talcum-powder-s-ties-to-cancer-development">Exploring Talcum Powder&#8217;s Ties to Cancer Development</h2>



Over the past 20 years, countless studies have shown a correlation between the use of talcum body powder and cancer. Talcum powder is made from talc. The mineral known as talc is mined from the earth and found in close proximity to asbestos. Asbestos is known to be carcinogenic to humans and the substance and linked to various types of cancer.&nbsp;



Unfortunately, cross-contamination of talc and asbestos can occur even with proper mining of the substance and testing procedures aimed at extracting talc only. The direct link to cancer diagnosis and proposed health risks of asbestos-laced talcum powder has led to controversy about its safety.



Talcum powder is considered to be the softest mineral and is known for its great absorption abilities, which has led to humans using it to prevent moisture, keep skin dry, and as rash prevention. Talc appears in hygiene products such as Johnson &amp; Johnson’s baby powder and in many cosmetics products.



<h2 class="wp-block-heading" id="h-the-harmful-effects-of-talc-a-closer-look">The Harmful Effects of Talc: A Closer Look</h2>



Prolonged exposure to talc can lead to talc inhalation, which over extended periods of time can cause cell damage and inflammation.



A person inhaling talc dust over a long period has a greater risk of developing health problems from talc powder poisoning including pulmonary heart disease, lung cancer, and mesothelioma.



Mesothelioma, lung cancer, <a href="https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4164883/">and certain reproductive cancers</a> all have an association with asbestos exposure. There is no safe level of <a href="https://mesowatch.com/exposure/">asbestos exposure</a>, meaning that consumers should avoid it entirely if possible. Unfortunately, the mines that produce talc for health and beauty companies often have veins of asbestos nearby. There are <a href="https://www.reuters.com/investigates/special-report/johnsonandjohnson-cancer/">records dating back decades</a> showing that some of the biggest health and beauty companies knew that asbestos contamination affected the quality of the talc included in their products.



Instead of carefully mining only in safe areas and consistently testing talc for contamination, companies mined carelessly and ignored the possibility of contaminated batches endangering public health. The result has been a surprising surge in <a href="https://mesowatch.com/talcum-powder/talcum-powder-and-mesothelioma/">cases of mesothelioma</a> and other cancers in those with no professional exposure to asbestos.

Johnson & Johnson’s $6.5B Settlement: Long-Term Effect on Future Claims

On Friday, an Illinois court ordered Johnson &amp; Johnson and Kenvue <a href="https://www.businesswire.com/news/home/20240419166582/en/Illinois-Jury-Awards-45-Million-in-Mesothelioma-Case-Against-Johnson-Johnson-Kenvue-Inc." class="broken_link">to pay $45 million</a> in a case that involved a family that alleged a link between the relative’s death after being diagnosed with fatal cancer and the companies’ talcum-based baby powder. This is the latest win in a string of lawsuits against the pharmaceutical company.



According to a <a href="https://www.businesswire.com/news/home/20240419166582/en/Illinois-Jury-Awards-45-Million-in-Mesothelioma-Case-Against-Johnson-Johnson-Kenvue-Inc." class="broken_link">news release</a> put out by Dean Omar Branham Shirley, which represented the family, Theresa Garcia died in July 2020 after being diagnosed with <a href="https://www.mayoclinic.org/diseases-conditions/mesothelioma/symptoms-causes/syc-20375022">mesothelioma</a>, a cancer shown to be connected to asbestos exposure. The lawsuit filed by the family alleged that Garcia’s cancer diagnosis was directly connected to her frequent use of talcum-based baby powder. This type of cancer is linked to asbestos exposure, a substance found in talc products.



The legal firm’s press release went into details on how expert testimony and attorneys representing the family showed evidence that the products “contained asbestos fibers” and “explained that the daily use and amount inhaled by Ms. Garcia throughout her life led to her mesothelioma.”



The jury concluded that issues leading to Garcia&#8217;s death were not solely on Johnson &amp; Johnson, which was only charged with 30% of the responsibility. The brunt of the financial burden from the case was put on <a href="https://www.kenvue.com/media/kenvue-becomes-a-fully-independent-company#:~:text=Kenvue%20becomes%20a%20fully%20independent%20company%20following%20final%20separation%20from%20Johnson%20%26%20Johnson,-August%2023%2C%202023&amp;text=SKILLMAN%2C%20N.J.%20August%2023%2C%202023%20%E2%80%93%20Kenvue%20Inc.">Kenvue</a>, the former consumer healthcare division of the pharmaceutical giant.



According to a <a href="https://www.factsabouttalc.com/_document/johnson-johnson-statement-on-garcia-verdict?id=0000018e-f868-de8a-a3ef-ff7bd4590000">statement</a>, by J&amp;J’s Worldwide Vice President of Litigation Erik Haas, the company plans to appeal the ruling. “The verdict in this trial is irreconcilable with the decades of independent scientific evaluations confirming talc is safe, does not contain asbestos, and does not cause cancer.”



Litigation cases against Johnson &amp; Johnson continue to pop up around the country. In some cases, plaintiffs and their families are denied their day of justice in court.



<h2 class="wp-block-heading" id="h-jury-rules-in-favor-of-j-amp-j-in-a-sarasota-talc-case">Jury rules in favor of J&amp;J in a Sarasota talc case</h2>



After a week-long testimony, a Florida jury concluded that Johnson &amp; Johnson&#8217;s baby powder talc product did not cause the <a href="https://www.reuters.com/legal/jj-wins-trial-over-florida-woman-who-claimed-its-baby-powder-caused-her-cancer-2024-04-18/">ovarian cancer of a Florida woman</a> who died in 2019.



The family members of a Sarasota County resident named Patricia Matthey filed the lawsuit which linked her longtime, daily use of Johnson&#8217;s baby powder with ovarian cancer. According to the family, Patricia used the product daily from 1965 until August 2016, when she was diagnosed with cancer.



The Matthey family alleged that for decades&nbsp; J&amp;J has suppressed scientific evidence linking its talc products to an increased risk of cancer. The complaint went on to say that the talc, which is mined in close proximity to asbestos, is a substance directly linked to cancer. The family’s testimony went on to say that given the fact the two substances are found alongside one another, the baby powder can easily be contaminated with carcinogenic asbestos fibers.&nbsp;



Today, J&amp;J faces more than 50,000 lawsuits tied to its talc products. The majority of the cases involve women with ovarian cancer, with a few of them linked to mesothelioma. Asbestos exposure is a known cause of mesothelioma.



Courts have rejected J&amp;J’s two previous attempts to use bankruptcy in an effort to reach a comprehensive settlement of these types of talc litigations.

Illinois Jury Awards $45M in J&J Baby Powder Case

In the ongoing battle against mesothelioma, the introduction of ADI-PEG20 (pegargiminase) marks a <a href="https://www.theguardian.com/science/2024/feb/15/drug-offers-wonderful-breakthrough-in-treatment-of-asbestos-linked-cancer">significant milestone</a>. This innovative drug, hailed for its novel approach, targets cancer&#8217;s unique vulnerabilities, offering a glimmer of hope where options were once bleak.&nbsp;



AD-PEG20’s mechanism, distinct from traditional chemotherapy, works by exploiting the cancer cells&#8217; dependence on arginine, an amino acid crucial for their growth and survival.



The drug&#8217;s promise was rigorously tested in a multinational clinical trial that spanned across five countries, weaving together the efforts of researchers and hundreds of participants. This <a href="https://jamanetwork.com/journals/jamaoncology/fullarticle/2815000">extensive study</a>, published on February 15, not only highlighted the drug&#8217;s potential efficacy but also its ability to significantly improve survival rates.



<h2 class="wp-block-heading" id="h-mesothelioma-an-historical-perspective">Mesothelioma: An Historical Perspective: </h2>



Mesothelioma is a cancer tightly bound to asbestos exposure. It presents formidable challenges in treatment due to its aggressive nature and late-stage diagnosis.&nbsp;



Historically tied to the widespread industrial use of asbestos throughout the 20th century, the latency period between exposure and mesothelioma manifestation can span decades. This makes early detection rare.&nbsp;



This historical backdrop, coupled with <a href="https://mesowatch.com//treatment/">mesothelioma’s resistance to conventional treatments</a> and its high mortality rate, underscores the urgent need for new therapeutic strategies.



<h2 class="wp-block-heading" id="h-the-mechanism-behind-adi-peg20-targeting-cancer-s-achilles-heel">The Mechanism Behind ADI-PEG20: Targeting Cancer&#8217;s Achilles&#8217; Heel</h2>



ADI-PEG20 operates on a groundbreaking principle that distinguishes it from traditional <a href="/innovative-cancer-therapy-brings-hope-to-mesothelioma-patients/">cancer therapies</a>. Its target is the ASS1 protein, which is notably absent in mesothelioma cells, rendering these cells particularly vulnerable.&nbsp;



By strategically blocking the absorption of arginine, a nutrient essential for cell proliferation, ADI-PEG20 effectively starves the cancer cells to inhibit their growth and spread. This approach not only underscores the drug&#8217;s ingenuity but also its potential to be a game-changer in treating mesothelioma.



<h2 class="wp-block-heading" id="h-triumph-in-trials-the-life-altering-impact-of-adi-peg20">Triumph in Trials: The Life-Altering Impact of ADI-PEG20</h2>



The clinical trial of ADI-PEG20 provides real hope to individuals battling mesothelioma. A standout finding was the drug&#8217;s ability to quadruple the three-year survival rate, a statistic that translates into precious additional years for patients and their families.&nbsp;



An 80-year-old man who developed mesothelioma after asbestos exposure in the factory he worked in during the 1970s, was one of the participants whose life was profoundly changed by the trial.&nbsp;



Doctors initially gave this participant, who chose not to reveal his identity, four months to live. However, five years later he is still alive because of the trial. He is thankful for the additional time he has been able to spend with his grandchildren and great-grandchildren.&nbsp;



<h2 class="wp-block-heading" id="h-asbestos-a-lingering-shadow-on-public-health">Asbestos: A Lingering Shadow on Public Health</h2>



Despite stringent bans and regulations, asbestos continues to cast a long shadow over public health. In the UK alone, diseases related to this material claim approximately 5,000 lives each year. Figures like these highlight the need for advances in treatment.&nbsp;



As we navigate the aftermath of <a href="https://mesowatch.com/exposure/">asbestos exposure</a>, the development of drugs like ADI-PEG20 becomes not just a medical achievement but a public health imperative​​​​.



<h2 class="wp-block-heading" id="h-charting-the-future-beyond-adi-peg20">Charting the Future: Beyond ADI-PEG20</h2>



The success of ADI-PEG20 in <a href="https://mesowatch.com/treatment/">mesothelioma treatment</a> not only marks a significant breakthrough in the fight against this formidable disease but also opens new avenues for cancer research at large.&nbsp;



This <a href="https://ground.news/article/drug-offers-wonderful-breakthrough-in-treatment-of-asbestos-linked-cancer">breakthrough signals</a> a potential shift in how we approach cancer treatment, emphasizing targeted therapies that exploit specific vulnerabilities of cancer cells. The implications extend beyond mesothelioma, suggesting potential applications for other cancers with similar metabolic dependencies.



Moreover, this advancement underscores the vital role of continuous research and funding in the journey from laboratory discoveries to clinical applications. It highlights the need for a sustained commitment to innovation in oncology, ensuring that promising treatments like ADI-PEG20 can reach the patients who need them most.

Revolutionizing Mesothelioma Care: New Treatment Era with ADI-PEG20

Miami-Dade Circuit <a href="https://www.law.com/dailybusinessreview/2024/03/05/mistrial-declared-in-first-post-bankruptcy-ovarian-cancer-trial-over-jj-talc/">Judge William Thomas declared a mistrial</a> in the first ovarian cancer trial involving Johnson &amp; Johnson’s baby powder following its failed talc bankruptcies.



The mistrial comes after a three-week trial and nearly two days of deliberations. According to Courtroom View Network’s live stream of the trial, the jury sent a note to the Miami-Dade Circuit Judge expressing they were deadlocked, with no chance of agreeing on a verdict.



The case against Johnson &amp; Johnson involved plaintiff Bob Sugarman, who was suing on behalf of his wife, Marilyn Seskin, an anesthesiologist who died from ovarian cancer in 2019.&nbsp;



At the age of 66, Seskin was diagnosed with primary peritoneal cancer, an extremely rare form of ovarian cancer, and died three years later.



Seskin&#8217;s husband&#8217;s lawsuit blames her life-long use of products like Johnson’s Baby Powder for causing his wife’s cancer. J&amp;J refuted those claims and said their cosmetic talc products were safe and did not cause Seskin’s illness.



Legal counsel to the plaintiff and partner at Motley Rice, Lance Oliver, expressed disappointment at the jury’s inability to reach a verdict after a lengthy trial.



Oliver was asking jurors for $14 million in compensatory damages, as well as punitive damages. He laid out a convincing case before jurors as to the connection between Seskin’s long-time use of the talcum powder and its link to her ovarian cancer. Johnson &amp; Johnson attorney Allison Brown brought up Seskin’s age and other risk factors in her defense case.



Judge Thomas told lawyers that he planned to allow punitive damages in the case. Thomas also said he plans to schedule a retrial of Sugarman’s case next month.



<h2 class="wp-block-heading" id="h-what-science-says-about-talcum-powder">What Science Says about Talcum Powder</h2>



The scientific community still debates the direct link between talc and cancer, but does acknowledge that manufacturers must use great care when mining for talc &#8211; a substance found near asbestos that’s directly linked to various forms of cancer. While there is a possibility of contamination when mining for talc, there is no federal mandate to test the contents of hygiene or cosmetic products.



There are more than 55,300 lawsuits related to talcum powder’s connection to cancer, which are pending in the multidistrict litigation&nbsp; These lawsuits claim a link between the use of talc products and cancer, specifically ovarian cancer due to asbestos contamination. So far Johnson &amp; Johnson has faced legal action from plaintiffs in all 50 states. Individuals in these cases claim that the company knew about asbestos contamination in their talcum powder product, but failed to warn consumers of the risks.



The concern over asbestos contamination first appeared in <a href="https://www.reuters.com/article/us-johnson-johnson-cancer-lawsuit/jj-loses-trial-over-claims-linking-cancer-to-asbestos-in-talc-idUSKCN1HC2PL">April 2018</a>, when Johnson &amp; Johnson and another company were found guilty of selling products contaminated with asbestos.



Talc and asbestos are naturally occurring minerals that are often mined alongside one another. The issues lie in talc’s possible contamination, being that it’s in close proximity to asbestos &#8211; a known carcinogen, linked to serious health issues. Talc is commonly a – cosmetic product, including baby powder, makeup, and more,&nbsp;



Legal cases pertaining to the presence of asbestos in talc-containing products continue to rise as more people become aware of its potential health risks. This has led to a significant increase in product liability issues for manufacturers. The mere fact that asbestos was detectable in any cosmetic talc products raises legitimate concerns even though only a small percentage of talc products screened positive for asbestos contamination.



Throughout the years, multiple studies have linked a possible connection between talc and certain types of cancers. The International Agency for Research on Cancer concluded that talc-based powders do pose an elevated risk of being carcinogenic for humans when used on genitals.



The Centers for Disease Control and Prevention (CDC) also reported that repeatedly inhaling talc <a href="https://www.consumersafety.org/health/talcum-powder-cancer/">might be harmful</a> to the lungs.



Given the risk associated with the use of talc in cosmetic and hygiene products, The European Union has <a href="https://www.consumersafety.org/health/talcum-powder-cancer/">banned</a> the sale of talc in beauty and health products in certain European countries.



<h2 class="wp-block-heading" id="h-johnson-amp-johnson-chpt-11-dismissed">Johnson &amp; Johnson Chpt. 11 Dismissed</h2>



The Miami-Dade trial is one of the first talc trials since Johnson &amp; Johnson subsidiary LTL Management’s second Chapter 11 case was dismissed last year. An appeals court ruling invalidated <a href="https://www.reuters.com/legal/jj-unit-goes-bankrupt-second-time-pursue-89-bln-talc-settlement-2023-04-04/">J&amp;J’s controversial “Texas two-step”</a> bankruptcy maneuver, in which the company tried to offload the talc liability onto a subsidiary.



Trials against J&amp;J remained on hold from 2021 to 2023, until a new case was allowed to come before a California jury. The plaintiff in the case was 24-year-old Anthony Hernandez Valadez, who had months to live after being diagnosed with terminal mesothelioma. Valadez and his legal team made a convincing case before jurors and were awarded $18.8 million. by California’s Alameda County Superior Court.



Cases against Johnson &amp; Johnson continue to make the news, with the civil trial in a Sarasota courtroom. The case involved the family of a Sarasota County woman who died in 2019 from ovarian cancer believed to be linked to <a href="https://www.heraldtribune.com/story/money/2022/08/12/johnson-johnson-ends-talc-baby-powder/10308594002/">talc-based baby powder</a>.

Miami Judge Declares Mistrial in Ovarian Cancer Case filed against J&J talc

A Sarasota jury will soon hear evidence from attorney’s representing a local family pertaining to the long-term use of Johnson &amp; Johnson’s <a href="https://www.heraldtribune.com/story/money/2022/08/12/johnson-johnson-ends-talc-baby-powder/10308594002/">talc-based baby powder</a> and its link to causing ovarian cancer.



Attorneys for the family addressed the jury as to the evidence to be presented during a <a href="https://www.msn.com/en-us/news/crime/sarasota-jury-hears-opening-statements-in-wrongful-death-trial-against-johnson-johnson/ar-BB1kWjEl">three-week trial</a>, which related to whether or not the long-trusted baby powder brand is responsible for countless wrongful death lawsuits.&nbsp;



The family of Patricia Matthey is suing pharmaceutical and medical technology company Johnson &amp; Johnson for product liability and wrongful death.&nbsp;



Matthey was diagnosed with ovarian cancer in August 2016.&nbsp; About two years following her diagnosis she filed her lawsuit in Sarasota County, where she resides. Pat alleges that her cancer was directly linked to her more than 50 year use of J&amp;J’s talc-based baby powder.



According to the family’s attorney, in November 2019, Patricia Matthey lost her long battle with Stage 4 ovarian cancer at the age of 72.&nbsp; Philippe Matthey, son of the plaintiff, is suing and representing the estate of his mother in a civil lawsuit against the company.



One of the opening statements from the family’s attorney Oliver, from Motley Rice LLC. included, &#8216;How does one of the most trusted baby product companies end up in a courtroom like this accused of something like this? The answer: the company exploited the trust of consumers and put wealth over women again, and again, and again,” Oliver said.



<h2 class="wp-block-heading" id="h-the-science-behind-the-case">The Science Behind the Case</h2>



Patricia Malthey’s lawsuit is one of numerous litigation cases the company has faced alleging its talcum powder caused users to develop ovarian cancer or mesothelioma through frequent feminine hygiene use.



In 2021, the pharmaceutical giant announced that LTL Management LLC, a subsidiary of Johnson &amp; Johnson, established to hold and manage claims in the cosmetic talc litigation, filed for voluntary Chapter 11 bankruptcy protection. As of late 2023, Johnson &amp; Johnson is facing 50,000-plus lawsuits linking its baby powder to cancer.&nbsp;



For decades now, researchers, scientists, and government agencies have filed various opinions about whether talc-based powders increase the risk of ovarian cancer in women.



Talc is a naturally occurring, soft mineral made up of silicon, magnesium, and oxygen, and is often found in mines with asbestos.



There are limited studies that provide scientific evidence that talc causes ovarian cancer, but links to asbestos and cancer abound. The fact that talc and asbestos are commonly found to coexistence has led to a shift in litigation strategy &#8211; blaming ovarian cancer on this specific compound&nbsp;



Concerns about a link between talc and ovarian cancer began surfacing around 1971, when scientists reported finding talc particles embedded in cervical and ovarian tumor tissue.



While there is no proven connection between talc or asbestos and ovarian cancer, asbestos is a compound known to cause <a href="https://www.cancer.gov/about-cancer/causes-prevention/risk/substances/asbestos/asbestos-fact-sheet">mesothelioma and lung cancer</a>. The connection between the substance and various cancers is so clearly demonstrated that plaintiffs have successfully persuaded juries to its carcinogenic link to ovarian cancer.



By the end of 2023, Johnson &amp; Johnson&#8217;s talc cancer lawsuits settlements reached <a href="https://www.msn.com/en-us/money/other/johnson-johnson-s-settlement-for-talc-cancer-lawsuits-reaches-700m-settlement-with-us-states/ar-BB1h97h5">$700 million within the United States.</a> Notable high payout cases include an $18.8 million awarded to a California man in 2021, and a <a href="https://www.cnn.com/2018/07/13/health/4-69-billion-verdict-johnson--johnson-talcum-powder/index.html">St. Louis jury verdict to award $4.69 billion</a> to 22 women who sued J &amp; J, alleging their ovarian cancer was caused by using its powder as a part of their daily hygiene routine.



<h2 class="wp-block-heading" id="h-j-amp-j-s-decision-to-end-talc-sales">J &amp; J’s Decision to End Talc Sales</h2>



In October 2019, <a href="https://www.reuters.com/business/healthcare-pharmaceuticals/jj-stop-selling-talc-based-baby-powder-globally-2023-2022-08-11/#:~:text=Aug%2011%20%28Reuters%29%20-%20Johnson%20%26%20Johnson%20%28JNJ.N%29,product%20that%20drew%20thousands%20of%20consumer%20safety%20lhttps://www.reuters.com/business/healthcare-pharmaceuticals/jj-stop-selling-talc-based-baby-powder-globally-2023-2022-08-11/#:~:text=Aug%2011%20%28Reuters%29%20-%20Johnson%20%26%20Johnson%20%28JNJ.N%29,product%20that%20drew%20thousands%20of%20consumer%20safety%20lawsuits.awsuits.">Johnson &amp; Johnson announced </a>it would no longer sell talc-based baby powder following a recall of 33,000 bottles of it’s J&amp;J Baby Powder after the FDA found small amounts of asbestos in a bottle. The company began its slow phase out of the product following 14,650 lawsuits claiming talc found in its hygiene products contained asbestos.&nbsp;



The company has since confirmed its switching to the use of cornstarch instead of talc in its products. In a <a href="https://www.jnj.com/our-company/johnson-johnson-consumer-health-announces-discontinuation-of-talc-based-johnsons-baby-powder-in-u-s-and-canada" class="broken_link">statement</a>, J&amp; J maintains that its decision to discontinue the use of talc in its baby powder product was due to what it labeled &#8220;misinformation&#8221; about the product&#8217;s safety and a barrage of lawsuits. J&amp;J continues to insist that the majority of medical research on talc indicates its safety and that it doesn’t cause cancer.

Florida Jury Hears Opening Statements Against Johnson & Johnson

The Environmental Protection Agency announced on March 18 that after many decades of effort, it will start banning the final known type of asbestos still used in the United States.&nbsp;



Scientists have proven that asbestos exposure causes mesothelioma, lung cancer, ovarian cancer, and other diseases. More than 40,000 Americans die annually from illnesses related to this hazardous material.&nbsp;



“It’s been more than 50 years since EPA first sought to ban some uses of asbestos and we’re closer than ever to finishing the job,” said Environmental Working Group senior Vice President Scott Faber in a statement. “For too long, polluters have been allowed to make, use, and release toxins like asbestos and PFAS without regard for our health.”



<figure class="wp-block-image aligncenter size-large"><img loading="lazy" decoding="async" width="1024" height="536" src="https://mesowatch.com/wp-content/uploads/2024/03/mesothelioma-by-state-1024x536.png" alt="" class="wp-image-1867" srcset="https://mesowatch.com/wp-content/uploads/2024/03/mesothelioma-by-state-1024x536.png 1024w, https://mesowatch.com/wp-content/uploads/2024/03/mesothelioma-by-state-300x157.png 300w, https://mesowatch.com/wp-content/uploads/2024/03/mesothelioma-by-state-768x402.png 768w, https://mesowatch.com/wp-content/uploads/2024/03/mesothelioma-by-state.png 1200w" sizes="(max-width: 1024px) 100vw, 1024px" /><figcaption class="wp-element-caption">This visualization illustrates the distribution of mesothelioma and asbestos-related disease claims across the United States. California leads with 2,502 claims, followed by Florida with 1,686, and Pennsylvania with 1,532, among others, totaling 25,439 claims nationwide</figcaption></figure>



<h2 class="wp-block-heading" id="h-what-u-s-industries-still-use-asbestos">What U.S. Industries Still Use Asbestos?</h2>



More than 50 nations have already prohibited the use of asbestos. In the United States, its use has been decreasing for decades.&nbsp;



However, raw chrysotile asbestos was imported into the U.S. in 2022 to produce diaphragms for making sodium hydroxide and chlorine. These two chemicals are commonly used to disinfect wastewater and drinking water.&nbsp;



This week’s EPA action immediately bans the import of asbestos for use in the chlorine industry.



The eight chlorine plants in Texas, Alabama, Louisiana, and Kansas that still use diaphragms containing this material must transition to non-asbestos alternatives. The EPA will allow those facilities time to do this so water purification can continue uninterrupted.&nbsp;



Six of the facilities must complete the switch within five years. The EPA is giving a seventh plant eight years to transition, and the agency says the eighth must stop using asbestos diaphragms within 12 years.



A ninth chlorine plant was still operating in Niagara Falls, New York, until November 2021. After the facility closed, former employees, no longer fearing losing their jobs, came forward with stories of breathing in tiny asbestos fibers and being unable to keep the toxic material off their <a href="https://www.npr.org/sections/health-shots/2022/10/20/1129999511/asbestos-ban-us-workers-cancer-risk">clothes or mustaches</a>.&nbsp;



Surviving employees of the Niagra Falls plant also recalled l<a href="https://mesowatch.com/mesothelioma/">osing beloved co-workers to mesothelioma</a>. 



Besides the chlorine sector, a few other U.S. industries still use asbestos. Therefore, the EPA rule also:



<ul>
<li>Bans the use of most asbestos-containing sheet gaskets within two years. Companies using sheet baskets to process nuclear material or make titanium dioxide will be granted a five-year phase-out.</li>



<li>Permits the Department of Energy’s Savannah River Site to use sheet gaskets containing asbestos for nuclear material disposal through 2037.</li>



<li>Prohibits companies from using asbestos in other gaskets and asbestos vehicle friction products within six months.</li>
</ul>



<figure class="wp-block-image aligncenter size-large"><img loading="lazy" decoding="async" width="1024" height="536" src="https://mesowatch.com/wp-content/uploads/2024/03/non-mesothelioma-lung-cancer-state-1024x536.png" alt="" class="wp-image-1868" srcset="https://mesowatch.com/wp-content/uploads/2024/03/non-mesothelioma-lung-cancer-state-1024x536.png 1024w, https://mesowatch.com/wp-content/uploads/2024/03/non-mesothelioma-lung-cancer-state-300x157.png 300w, https://mesowatch.com/wp-content/uploads/2024/03/non-mesothelioma-lung-cancer-state-768x402.png 768w, https://mesowatch.com/wp-content/uploads/2024/03/non-mesothelioma-lung-cancer-state.png 1200w" sizes="(max-width: 1024px) 100vw, 1024px" /><figcaption class="wp-element-caption">This visualization depicts the distribution of mesothelioma and asbestos-related disease claims across the United States. California has the highest number of claims with 4,817, followed by Florida with 4,650, and Pennsylvania with 2,920, among others, totaling 60,579 claims nationwide.</figcaption></figure>



<h2 class="wp-block-heading" id="h-the-history-of-efforts-to-ban-asbestos-in-the-u-s">The History of Efforts To Ban Asbestos In the U.S.</h2>



The EPA attempted to ban asbestos completely in the 1980s. However, due to pressure from the chlorine industry, the agency’s 1989 prohibition provided an exception for those companies. Then, in 1991, <a href="https://law.resource.org/pub/us/case/reporter/F2/947/947.F2d.1201.89-4596.html">federal judges overturned</a> the remaining asbestos restrictions in the ban.



Many industries stopped using asbestos voluntarily, but the chlorine sector and a few others continued.&nbsp;



In 2016, the 30th anniversary of the Toxic Substances Control Act, Congress approved amendments that included a provision to allow the EPA to ban asbestos. However, when Donald Trump became president the following year, his administration prevented it.&nbsp;&nbsp;



In April 2022, with the <a href="https://www.epa.gov/newsreleases/biden-harris-administration-finalizes-ban-ongoing-uses-asbestos-protect-people-cancer">support of the Biden administration</a>, the EPA proposed banning asbestos. Once again, the chlorine industry fought the prohibition tooth and nail, delaying the final ruling.&nbsp;



Sen. Jeff Merkley, D-Ore., said in a statement that this week’s EPA action against asbestos is long overdue.&nbsp;



“However, it cannot be the end of the road when it comes to phasing out other dangerous asbestos fibers, and Congress has a role to play here when it comes to providing stronger protections for our health,” he said.



<figure class="wp-block-image aligncenter size-large"><img loading="lazy" decoding="async" width="1024" height="265" src="https://mesowatch.com/wp-content/uploads/2024/03/mesothelioma-by-year-1-1024x265.png" alt="" class="wp-image-1871" srcset="https://mesowatch.com/wp-content/uploads/2024/03/mesothelioma-by-year-1-1024x265.png 1024w, https://mesowatch.com/wp-content/uploads/2024/03/mesothelioma-by-year-1-300x78.png 300w, https://mesowatch.com/wp-content/uploads/2024/03/mesothelioma-by-year-1-768x199.png 768w, https://mesowatch.com/wp-content/uploads/2024/03/mesothelioma-by-year-1.png 1200w" sizes="(max-width: 1024px) 100vw, 1024px" /><figcaption class="wp-element-caption">Mesothelioma cases in the United States exhibited a relatively steady trend over the past decade, with slight fluctuations. The highest number of cases, 2,686, was reported in 2012, while the lowest, 2,404, occurred in 2015, indicating a generally stable situation regarding Mesothelioma incidence</figcaption></figure>

Historic Victory: EPA Seals the Fate of Asbestos in America

The Department of Veterans Affairs has significantly broadened VA health care eligibility for those exposed to <a href="https://mesowatch.com/asbestos/">toxic substances such as asbestos</a> during military service. 



This expansion, <a href="https://news.va.gov/129241/veterans-exposed-toxins-hazards-now-eligible/">which takes effect March 5</a>, means all service members who became ill from exposure to dangerous materials while on duty can receive free or low-cost health care without applying for VA disability compensation benefits first.&nbsp;



By removing previous barriers to care, this initiative promises a more inclusive and responsive health system for veterans, reflecting a deepened commitment to their well-being and recognition of their sacrifices.



<h2 class="wp-block-heading" id="h-historical-context">Historical Context</h2>



Throughout various conflicts, from the dense jungles of Vietnam to the deserts of the Gulf War and the rugged terrains of post-9/11 battlefields, veterans have faced exposure to a myriad of hazardous substances. These include the widespread use of Agent Orange in Vietnam, <a href="https://www.stripes.com/veterans/2024-02-26/veterans-affairs-toxins-burn-pits-health-care-13126769.html">burn pits in Iraq and Afghanistan</a>, and asbestos in military infrastructure and vehicles.&nbsp;



Such exposures have left a lasting imprint on the health of countless service members, sparking a growing recognition of the need for comprehensive care tailored to these unique health challenges.



<h2 class="wp-block-heading">Pioneering Change: The PACT Act&#8217;s Revolutionary Role</h2>



The PACT Act, which became law in August 2022, eliminated the need for veterans to prove their health conditions were directly connected to their military service to receive access to VA care. This legislation recognized the range of toxic exposures members of the Armed Forces may have encountered during the Vietnam era and beyond.



PACT originally called for phased-in enrollments through 2032. However, President Joe Biden has now directed the VA to start allowing all qualified veterans from the Vietnam War, Gulf War, conflicts in Afghanistan and Iraq, the global war on terror, or other combat zones following 9/11 to enroll beginning next week.&nbsp;



<h2 class="wp-block-heading">The Invisible Battle: Confronting Toxic-Related Health Challenges</h2>



Veterans exposed to toxic substances often grapple with <a href="https://mesowatch.com/mesothelioma/">severe health conditions, notably mesothelioma</a>, and other asbestos-related diseases. These disorders are often latent for years, underscoring the need for early detection and intervention.



Healthcare provisions that can be adapted to the evolving understanding of how <a href="https://mesowatch.com/veterans/">toxic exposures impact veterans</a> are also critical.



<h2 class="wp-block-heading">Streamlining Success: Navigating the New VA Enrollment</h2>



The new guidelines have notably streamlined the VA healthcare enrollment process, making it more accessible for veterans. Former service members can now access care more quickly and with less bureaucratic hassle.&nbsp;



Testimonials from those who&#8217;ve navigated the new system underscore its positive impact. In some cases, faster enrollment has led to timely care and support.



<h2 class="wp-block-heading">Looking Ahead: The Path Forward in Veterans&#8217; Health Care</h2>



The expansion of VA health care for veterans with toxic exposures sets a new precedent, promising profound long-term benefits for individuals. Yet, it also presents challenges, including the need for ongoing monitoring and adaptation to ensure these services meet the evolving needs of veterans and the capacity of the VA system to provide timely, effective care.



<figure class="wp-block-image aligncenter size-large"><img loading="lazy" decoding="async" width="1024" height="485" src="https://mesowatch.com/wp-content/uploads/2024/03/pact_act_info-1024x485.png" alt="" class="wp-image-1832" srcset="https://mesowatch.com/wp-content/uploads/2024/03/pact_act_info-1024x485.png 1024w, https://mesowatch.com/wp-content/uploads/2024/03/pact_act_info-300x142.png 300w, https://mesowatch.com/wp-content/uploads/2024/03/pact_act_info-768x364.png 768w, https://mesowatch.com/wp-content/uploads/2024/03/pact_act_info-1536x727.png 1536w, https://mesowatch.com/wp-content/uploads/2024/03/pact_act_info-2048x969.png 2048w" sizes="(max-width: 1024px) 100vw, 1024px" /><figcaption class="wp-element-caption">This bar graph compares the distribution of projected veterans and PACT Act-related claims across different regions from August 10, 2022, to February 24, 2024. It highlights the impact of recent legislative changes on VA healthcare benefits for <a href="https://mesowatch.com/veterans/">veterans affected by asbestos exposure</a>.</figcaption></figure>



<pre class="wp-block-code"><code>						</code></pre>



This bar graph compares the distribution of projected veterans and PACT Act-related claims across different regions from August 10, 2022, to February 24, 2024. It highlights the impact of recent legislative changes on VA healthcare benefits for veterans affected by asbestos exposure.



Now that some veterans are eligible to apply for VA health <a href="/healing-heroes-expanding-va-support-for-asbestos-exposed-veterans">care years earlier than the PACT Act</a> originally allowed, the number of applicants is expected to skyrocket.&nbsp;

Healing Heroes: Expanding VA Support for Asbestos-Exposed Veterans

Thousands of consumers who claim they developed <a href="https://mesowatch.com/mesothelioma/">mesothelioma</a> and other cancers from using baby powder and other products containing talc the US division of a French company produced could benefit from a<a href="https://www.law360.com/articles/1792819/imerys-cyprus-mines-propose-ch-11-plans-with-862m-trust"> proposed $862.5 million trust</a>.



Imerys Talc America, Inc., and its former owner, Cyprus Mines Corps, have agreed to establish a joint trust to settle more than 15,000 lawsuits, according to court documents filed on Jan. 31. A judge will decide whether to accept the proposal following a March 14 hearing.&nbsp;



According to the proposed agreement, Cyprus, Imerys, two insurers, and Rio Tinto America Inc., another former Imerys owner, would receive<a href="https://mesowatch.com/wp-content/uploads/2024/03/Cyprus-disclosure-statement.pdf"> liability releases for talc claims</a> through their contributions to the settlement trust.



The trust would consist of two sub-funds, with 60% of the money set aside for mesothelioma and other lung cancer claims. The rest would go towards claimants with ovarian cancer. Researchers have connected these diseases with the <a href="https://mesowatch.com/talcum-powder/talcum-powders-that-contain-asbestos/">asbestos found in talc</a>.&nbsp;



Both current and future claimants would be eligible to apply for <a href="https://mesowatch.com/lawyers/compensation/">compensation</a> funds. Criteria such as disease severity would determine the amount of money the trust awards each plaintiff.&nbsp;



<h2 class="wp-block-heading" id="h-how-did-the-settlement-trust-come-about">How Did the Settlement Trust Come About?</h2>



Due to mounting lawsuits from cancer victims who used baby powder, soap, and makeup containing Imerys talc, the company filed for Chapter 11 protection in a Delaware bankruptcy court in 2019. Cyprus followed suit in 2022 after plaintiffs named it in more than 400 similar claims.



After rejecting a previous Chapter 11 plan, the bankruptcy court granted Imerys, Cyprus, and some of its insurers permission to enter mediation to negotiate a new one.&nbsp;



A committee of cancer claimants and a rep for future talc injury plaintiffs support the new plan. Imerys and Cyprus intend to repay the rest of their creditors under Chapter 11.&nbsp;



<h2 class="wp-block-heading" id="h-imerys-has-a-long-history-with-johnson-amp-johnson">Imerys Has a Long History with Johnson &amp; Johnson</h2>



Imerys was Johnson &amp; Johnson’s only talc supplier for many years. J&amp;J’s talc unit filed for Chapter 11 protection after a jury returned a multimillion-dollar verdict against the main company in 2018 based on <a href="https://mesowatch.com/talcum-powder/does-talcum-powder-cause-cancer/">cancer claims from consumers who used its baby powder</a>. Since then, J&amp;J has been facing similar lawsuits.&nbsp;&nbsp;



In its Jan. 31 disclosure statement, Imerys stated it is <a href="https://mesowatch.com/wp-content/uploads/2024/03/Imerys-Cyprus-hearing-date.pdf">engaged in indemnity disputes </a>with J&amp;J, and those rights “may arguably constitute the most valuable assets of the talc personal injury trust.”

Talc Producer Proposes $862.5M Trust to Settle Cancer Claims

Facing pressure from potential lawsuits, Johnson &amp; Johnson has tentatively agreed to pay nearly $700 million to end a probe by more than 40 US states into claims that the company failed to warn consumers that its talc-based baby powder could cause ovarian cancer or <a href="https://mesowatch.com/mesothelioma/">mesothelioma</a>. 



J&amp;J CFO Joseph Wolk <a href="https://www.cnbc.com/2024/01/23/johnson-johnson-to-settle-talc-baby-powder-probe.html?&amp;qsearchterm=Johnson%20and%20Johnson%20baby%20powder%20settlement">confirmed the $700 million amount</a> to the Wall Street Journal on Jan. 23. Bloomberg reported earlier that people familiar with the matter who wished to remain anonymous said the healthcare products giant and representatives for state attorneys general <a href="https://www.msn.com/en-us/money/companies/j-j-to-pay-700-million-to-settle-states-talc-investigation/ar-AA">had agreed on that dollar figure</a>.&nbsp;



Mississippi and New Mexico are the only states that have filed suits against J&amp;J. However, in an <a href="https://d18rn0p25nwr6d.cloudfront.net/CIK-0000200406/a0c68a93-e699-45d6-b3e7-311e8f9c43bb.pdf">October securities filing</a>, the company revealed that 42 states and the District of Columbia are investigating its talc product marketing.&nbsp;



The deal J&amp;J made with the states doesn’t include the Mississippi and New Mexico lawsuits because they are already underway. The Mississippi suit alone could cost the healthcare products giant as much as $6 billion in damages.&nbsp;



<h2 class="wp-block-heading" id="h-consumer-lawsuits-not-included-in-the-deal">Consumer Lawsuits Not Included in the Deal</h2>



The settlement with the states won’t affect the tens of thousands of current lawsuits consumers have filed against J&amp;J. Some of those suits, which claim the company’s <a href="https://mesowatch.com/talcum-powder/does-talcum-powder-cause-cancer/">talcum powder caused cancer</a>, could go to trial this year.&nbsp;



Consumers suing J&amp;J claim the company has known for 50 years that its baby powder contained small amounts of the carcinogen asbestos. Over the past decade, at least 12 juries have awarded more than $6.5 billion in damages. In some cases, judges later reduced the payments or overturned the verdicts.&nbsp;



J&amp;J discontinued talc-based baby powder sales worldwide in late 2023.&nbsp;



<h2 class="wp-block-heading" id="h-j-amp-j-s-bankruptcy-attempts">J&amp;J’s Bankruptcy Attempts</h2>



Over the past year, J&amp;J has made two unsuccessful bids for Chapter 11 bankruptcy protection. In the second attempt, <a href="https://www.forbes.com/sites/tylerroush/2024/01/08/johnson--johnson-will-pay-700-million-to-resolve-baby-powder-marketing-probe-report-says/?sh=34fab17619e8">the company proposed setting aside nearly $9 billion</a> to settle 40,000 consumer lawsuits. However, a judge rejected the offer.&nbsp;



J&amp;J originally planned to set aside just $400 million to settle the state claims. Following mediation, the company allegedly agreed to increase that amount.

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