mesothelioma lawyer

July 31, 2019

Court Considers Expert Witness Admission in Mesothelioma Lawsuits

In a series of pre-trial Daubert hearings, a U.S. District Court is weighing the qualifications of scientific experts in mesothelioma lawsuits against Johnson & Johnson over talc baby powder products that allegedly caused ovarian cancer and mesothelioma. The ruling will impact some 12,000 cases pending before the New Jersey federal court.

Plaintiff scientific experts are being vetted after a motion by defense attorneys to exclude those witnesses, arguing their scientific testimony fails to meet the stringent criteria of the Daubert standard, set by the 1993 U.S. Supreme Court ruling in Daubert v. Merrell Dow Pharmaceuticals Inc.

Plaintiffs dispute this, arguing the talc powder defendant company sold contained carcinogenic asbestos and asbestos fibers, resulting in their developing cancer.

Daubert hearings are common in mass torts, particularly those in mesothelioma product liability lawsuits, as they involve issues of exposure and causation – key to establishing liability in this multi-district litigation. The defendant company’s effort to dismiss all of plaintiffs’ expert witnesses would effectively result in the end of litigation for these plaintiffs because without that testimony, they won’t have enough proof of their claim.

So far, none of the claims in U.S. District Court for the District of New Jersey case 3:16-md-02738 have been scheduled for trial. Continue reading

May 29, 2019

New Mesothelioma Treatment offers Hope for Massachusetts Patients

by Jeffrey S. Glassman

The U.S. Food and Drug Administration has approved the first new treatment for mesothelioma in more than 15 years.

NovoTTF-100L System (Novocure), in combination with pemetrexed plus platinum-based chemotherapy, has been approved as a first-line treatment for cases of unresectable locally advanced or metastatic malignant pleural mesothelioma. Mesothelioma’s long latency period means most victims have in an advanced stage upon diagnosis. Cases that are locally advanced, or which ave spread to other organs, are typically deemed inoperable.

The NovoTTF-100L System is non-invasive. The treatment uses electric fields, known as Tumor Treating Fields, to disrupt cancer-cell division. Approval followed the STELLAR trial, which evaluated effectiveness of the treatment. Our Massachusetts mesothelioma lawyers know such treatment innovations are critical because fewer than 20 percent of patients with malignant pleural mesothelioma are candidates for surgical tumor removal due to diagnosis at an advanced stage of the disease.

The clinical trial, held at cancer centers across Europe, included 80 patients with unresectable, previously untreated, malignant pleural mesothelioma. The results were presented in September 2018 at the 19th annual World Conference on Lung Cancer.

“NovoTTF-100L provides unresectable MPM patients with a treatment option that may improve survival,” said Mary Hesdorffer, executive director of the Mesothelioma Applied Research Foundation. Results showed that patients treated with NovoTTF-100L plus chemotherapy had a median overall survival of 18.2 months (95% CI 12.1-25.8), while median progression free survival (secondary endpoint) was 7.6 months. Those results are about six months longer than for those patients who only receive chemotherapy treatment.

While such treatment advances are welcome, it is the work being done in the courtroom to hold these companies responsible that will ultimately do the most to protect American consumers.

March 13, 2017

New Asbestos Illness Claims Protections for Ohio Firefighters

by Jeffrey S. Glassman

The governor of Ohio has just signed a measure into law that will grant firefighters in that state the right to file a workers’ compensation claim if they are diagnosed with cancer – including mesothelioma. The measure creates a rebutable presumption that when a fire department employee is diagnosed with cancer, it stemmed from an on-the-job activity. That means it will be up to the employer to refute that presumption with solid evidence if it wants to deny the claim.

The change in state law was introduced last year, according to the Cleveland Plain Dealer, and will simplify the process for firefighters seeking to recover their pension and workers’ compensation benefits if they receive a cancer diagnosis.

The bill was by no means a shoe-in. The bill, S.B. 27, passed only after the fourth time it was introduced for consideration by state lawmakers. The bill is named after a fire department captain in Northeast Ohio who developed brain cancer in two years ago, and had to struggle to obtain workers’ compensation benefits. Continue reading

January 24, 2017

New Regulations for Chemical Safety Take Aim at Asbestos

by Jeffrey S. Glassman

There is a degree of uncertainty over the future of various environmental regulations and the U.S. Environmental Protection Agency (EPA) in the new Donald Trump administration. Still, the agency recently selected its first 10 chemicals to review under the newly-enacted Frank R. Lautenberg Chemical Safety Act for the 21^st Century. This was the first major change to the nation’s 1976 toxic materials law since the original bill was enacted nearly 40 years ago.

The measure allows the EPA to perform a review on a number of chemicals the agency selects to determine if they should be banned. For the purposes of this act, asbestos is considered a chemical since it is a naturally occurring mineral made up of six different types of silica elements. According to a recent news article form the Environmental Working Group, the EPA chose asbestos and the other nine chemicals based upon the fact they are all considered highly hazardous to humans. Other chemicals on the list include PERC (used in dry cleaning) and TCE (featured in the movie and book “A Civil Action). Continue reading