Asbestos trust claims exist because many asbestos defendants went through Chapter 11 bankruptcy and created trusts to pay present and future victims. Because asbestos exposure often occurred across multiple job sites and involved multiple products over time, it is also common for a person with mesothelioma to qualify for more than one trust and to pursue trust claims alongside other legal options when appropriate.

What makes trust claims challenging is not the concept. It’s proof. The exposure often happened 20, 30, or 40 years ago, and families may not have records readily available. The good news is that trust systems are built around recognizable proof categories, and experienced counsel can help reconstruct exposure in a way that meets trust criteria and supports any additional recovery route.

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Recent Massachusetts jury verdicts offer valuable clues. They show what jurors tend to find persuasive about exposure and causation, and how damages are evaluated when a disease is aggressive, life-changing, and often fatal. Because these cases can turn on detailed medical and exposure evidence, many families choose to speak with a mesothelioma attorney to evaluate potential claims, identify responsible companies, and understand what compensation may be available.

Why talc cases are drawing attention in Massachusetts

The post Massachusetts Talc and Mesothelioma Verdicts, What Recent Juries Signal About Proof and Damages appeared first on Mesothelioma Lawyers Blog.

Where Winter Maintenance Creates Asbestos Risk

Boiler start-ups and repairs are classic asbestos scenarios. Old pipe wrap and elbow insulation crack and crumble as systems heat and cool. Boiler doors may use gaskets and refractory materials that, if original, contained asbestos for decades. In pipe chases, ceiling cavities, and around radiators, you may find aging insulation tucked behind panels or plaster. Converted mills and warehouses pose a different challenge: sprayed fireproofing on structural steel and asbestos-containing ceiling tiles are frequently disturbed during tenant build-outs and holiday season logistics expansions. In each setting, dust released during cutting, drilling, or demolition can expose workers and, through take-home contamination on clothing, their families.

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If you or a loved one works in one of these trades and has been injured in a winter accident or diagnosed with mesothelioma, you may be feeling overwhelmed, worried about your health, and unsure where to turn. Jeffrey Glassman Injury Lawyers represents plumbers, pipefitters, electricians, and their families in Boston and throughout Massachusetts, helping them pursue compensation after serious work injuries and asbestos-related diseases. 

This guide explains the unique cold-weather risks for these trades, how asbestos exposure often occurs on the job, and what legal options may be available if you have been hurt or diagnosed with mesothelioma.

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Why September Matters: Awareness, Action, and Real Stories

Mesothelioma Awareness Month is more than a ribbon; each September, advocates highlight the importance of prevention, early diagnosis, and access to justice. Including a short survivor vignette in your post can humanize the topic and offer newly diagnosed families a starting point. Pull out details like what helped them through treatment, how they navigated care teams, and what they wish they had known on day one.

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1) Massachusetts Jury Returns a $42.6 Million Talc, Mesothelioma Verdict: What It Means

On July 29, and then publicly reported in early August, a Massachusetts jury ordered J&J to pay $42.6 million to a mesothelioma patient who used talc-based Baby Powder for decades. The verdict adds to the body of talc and asbestos trials, where jurors have concluded that asbestos contamination in talc can cause mesothelioma and that consumers were not adequately warned. J&J has indicated it will appeal, as it has in other cases. Appeals can take time, and outcomes vary. Still, a verdict of this magnitude in a Massachusetts court sends a strong signal about how juries here may evaluate causation and corporate knowledge evidence in talc and mesothelioma claims.

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Why Mesothelioma Cases Are Distinct

Mesothelioma develops only after exposure to asbestos fibers, and it can take 20–50 years for symptoms to surface. The long latency period means that victims are often retired, their employers are long gone, and key witnesses are challenging to locate. Massachusetts courts nonetheless recognize that victims did not know, and could not have known, about the disease until diagnosis. Consequently, the three-year statute of limitations for personal injury suits does not begin to run until the date a reasonable person would connect the illness to asbestos exposure. This “discovery rule,” codified in M.G.L. c. 260, § 2A, protects your right to sue even decades after exposure occurred. 

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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.

Defendant company opposes every count of the cancer victims’ claims and asserts the evidence doesn’t show the talc powder it sold (via subsidiaries) is the cause of ovarian cancer. The company wants not only the dismissal of all plaintiffs’ exert witnesses but also of their cases entirely.

What is a Daubert Hearing? 

Daubert hearings are something of a “trial-within-a-trial.” They presume that the judge is the gatekeeper of what is admissible evidence in a trial, and that they must carefully consider whether the scientific evidence and/or expert testimony presented meets the qualifications necessary in order to pass legal muster for consideration by a jury.

• Is the testimony based on reasoning that is scientifically valid?
• Has that reasoning been properly applied to the facts at issue?

• Whether the technique or theory can be or has been tested;
• Whether it’s been subjected to scientific peer review and publication;
• Examination of the known or potential error rate;
• Analysis of whether there are standards of controlling operation;
• Whether the method/theory has gained widespread acceptance within the scientific community of relevance.

Daubert Hearings in Talc Mesothelioma Case

In the case recently before the federal court in New Jersey, plaintiff mesothelioma attorneys have called five expert witnesses to testify, while the defense has called three. Determinations on these witnesses are especially important because thousands of cases will be impacted by whatever the court decides.

One of those called by the plaintiff is a gynecologic oncologist as well as a professor of obstetrics and gynecology at a prominent university. The fact that he specifically treats cancer of the female reproductive system means his 40 years of experience and areas of study are likely to be highly relevant to these cases.  Further, he’s published hundreds of peer-reviewed manuscripts, written more than six dozen chapters in medical textbooks and edited three other textbooks used by doctors-in-training.

Defense lawyers are attempting to discredit the physician by asserting he only formulated his opinion on-the-record on this topic after he was retained as a paid witness for the plaintiffs. Compensation is standard practice for every expert witness, as our Boston mesothelioma attorneys can explain.

Although talc isn’t listed as a risk factor for the disease by the American College of Obstetricians & Gynecologists or the Society of Gynecologic Oncologists, the physician stood by his conclusion that the talc powder creates an inflammatory response that could lead to ovarian cancer in at least 2 out of 10 and in as many as 6 out of 10 patients.

Previous Talc Asbestos Lawsuits Against Defendant

One defendant – a Johnson & Johnson subsidiary that is one of two that used to sell the talc powder, filed for Chapter 11 reorganization bankruptcy earlier this year. Company attorneys in that case reportedly told a bankruptcy judge they do not have the funds to continue litigation of the ovarian cancer cases that have so far been filed.

This, combined with the fact that cancer/asbestos lawsuits that have already been tried have resulted in verdicts topping tens and hundreds of millions of dollars, could mean that a fair number of these cases will be settled.

If you or a loved one is diagnosed with mesothelioma in Boston, call for a free and confidential appointment at (617) 777-7777.

Additional Resources:

Eight-day hearing on viability of witnesses in talc lawsuits set to conclude, July 31, 2019, By Nicholas Malfitano, The Pennsylvania Record

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But Consolidated Rail Corporation (Conrail) is only the latest and most recent example of a corporate defendant losing that argument. Last week, an Appeals Court rejected the company’s appeal of a $2.3 million jury award after the jury rejected Contrail’s argument that cigarette smoking was solely responsible for the plaintiff’s lung cancer, despite extensive exposure to asbestos on the job. The justices ruled the victim had met his legal burden of proof by presenting enough evidence to show exposure to asbestos was a substantial contributing factor to his cancer.

That’s the legal requirement: Substantial contributing factor. While a victim’s own negligent behavior (like smoking) may be taken into account, it does not absolve a defendant from all liability.

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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.

Mesothelioma Diagnosis in Massachusetts

It’s the first significant approval of a new medical treatment for mesothelioma since 2004, when the FDA added the chemotherapy drug pemetrexed (Alimta) to standard-of-care treatment. The system is intended for continuous home use by mesothelioma patients and should not be used by those with implanted electrical devices, such as pacemakers.

Malignant pleural mesothelioma (MPM) is caused by inhaling asbestos fibers and is the most common of the four types of mesothelioma, accounting for about 75 percent of diagnoses. It forms in the outer lining of the lungs and the inner lining of the chest cavity. It typically takes 25-50 years after exposure for a victim to be diagnosed with malignant pleural mesothelioma, making it a disease that usually impacts older adults. Those most likely to be impacted include those who worked in the construction or demolition industry and those who worked in heavy industries or served in the military.

The prevalence of shipyards in New England and the high number of military veterans along the Eastern Seaboard make mesothelioma diagnosis in New England a reality for far too many victims. The Agency for Toxic Substances and Disease Registry at the Centers for Disease Control and Prevention (CDC) reports about 3,000 new cases of mesothelioma a year will be diagnosed in the United States.

Other types of mesothelioma include peritoneal mesothelioma (abdomen), pericardial mesothelioma (heart) and testicular mesothelioma. Current treatment options include surgery, chemotherapy, radiation and participation in clinical trials.

Because of the long latency period between asbestos exposure and diagnosis, identifying how a victim was exposed to asbestos is a primary focus of an experienced mesothelioma attorney in Boston. With an average survival time of about 18 months, early consultation with an experienced Massachusetts personal injury and wrongful death law firm is the best option for protecting the welfare and financial security of you and your family.

Mesothelioma Lawsuits in Massachusetts

The good news is there are a number of resources available to compensate victims of mesothelioma and their families. However, these are among the most medically and legally complex cases a law firm can handle. Seeking compensation decades after exposure can involve a host of legal issues, including statutes of limitations. As we reported recently on our Mesothelioma Lawyers Blog, the Massachusetts Supreme Judicial Court recently ruled against a victim who sued GE for asbestos exposure during his career building power plants in the 1970s. That case is Sterns v. Metropolitan Life Insurance Co. No. SJC-12544.

You can visit our blog for more information involving statutes of limitation on mesothelioma cases in Massachusetts.

In addition, to those exposed in the workplace, an increasing number of cases are being filed against consumer products companies, including asbestos found in crayons and lawsuits against Johnson & Johnson, which is accused of concealing the fact that its iconic baby powder was contaminated with asbestos for decades. In other cases, liability for asbestos exposure has already forced a company into bankruptcy.

More than 100 asbestos bankruptcy trust funds have been established in the U.S. since the 1980s. Today, those funds hold more than $1 billion for future claimants of asbestos-related diseases. Such mesothelioma bankruptcy trusts may allow for more timely payment to victims, although companies that have established trusts can no longer be sued by victims.

According to a recent Mealey’s Litigation Report, the average mesothelioma trial award is estimated at $2.4 million. The average mesothelioma settlement is between $1 million and $1.4 million and typically paid by multiple defendants. However, every case is unique.

A mesothelioma diagnosis means a patient was likely negligently exposed to asbestos at some point in their lives, most often in the workplace. The presence of multiple defendants and a victim’s environmental exposure, including cigarette smoking, can further complicate such claims. Seeking early consultation with an experienced law firm can help hold responsible those liable for a victim’s exposure. Proving liability means building a case against some of the nation’s largest corporations for exposure that often happened decades ago.

Those seeking more information can visit our Mesothelioma frequently asked questions area. We know a mesothelioma diagnosis can be devastating. Our goal is to bring financial relief and peace of mind to families who have been victimized by asbestos exposure and to continue to hold these companies responsible for putting profits before the people who worked for them and trusted them with their health and welfare.

If you or a loved one is diagnosed with mesothelioma in Boston, call for a free and confidential appointment at (617) 777-7777.

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