When someone receives a mesothelioma diagnosis, one of the first questions a family may have is where the asbestos exposure occurred.
For many Louisiana families, potential exposure may be connected to industrial workplaces such as shipyards, refineries, chemical plants, or construction sites.
But workplace exposure is not the only possibility.
Some mesothelioma lawsuits have involved allegations that talc-containing consumer products were contaminated with asbestos.
A recent New Orleans jury verdict demonstrates how those allegations may be evaluated in a Louisiana courtroom.
A Louisiana Jury Considered Asbestos Exposure From Talc
In Roy v. Johnson & Johnson, the family of Lynne Roy alleged that her lifelong use of Johnson & Johnson baby powder exposed her to asbestos and contributed to her mesothelioma.
Johnson & Johnson disputed those allegations and pointed to other potential exposure sources.
Following a three-week trial in Orleans Parish, the jury found that Ms. Roy had significant exposure to asbestos in a Johnson & Johnson product that was a cause of her disease.
The jury awarded $10 million in total damages.
Johnson & Johnson was held responsible for approximately $2 million of the award, with the remainder attributed to other parties.
The case illustrates why a detailed exposure investigation may be necessary when a person has used several products or encountered different potential sources of asbestos over a lifetime.
Does Talcum Powder Always Contain Asbestos?
No.
Talc and asbestos are different naturally occurring minerals, and not all talc-containing products contain asbestos.
However, talc deposits can occur near asbestos deposits, creating the potential for contamination.
When investigating a claim involving talc-containing products, the important question is not simply whether the person used talcum powder.
It is whether evidence supports the allegation that a particular product contained asbestos and contributed to the person’s exposure.
That investigation may involve historical product information, scientific testing, manufacturing records, and other evidence.
What Information May Matter in a Talc and Mesothelioma Lawsuit?
Each case is different, but an investigation may examine several aspects of a person’s history.
These can include the names of products used, the approximate years of use, how frequently products were used, and the circumstances surrounding that use.
Attorneys may also investigate other potential sources of asbestos exposure.
For example, a person’s employment history may involve shipyards, industrial plants, construction, or maintenance work.
Other circumstances may involve home renovations, asbestos-containing materials, or exposure through a family member who worked around asbestos.
A complete investigation may help identify which companies or parties could potentially bear legal responsibility.
What If the Exposure Happened Many Years Ago?
Mesothelioma may be diagnosed long after asbestos exposure occurred.
As a result, families often have to reconstruct employment histories, product use, and other circumstances from decades earlier.
That process may involve historical records, former coworkers, family recollections, and information about products or workplaces.
Families do not necessarily need to identify every exposure source before contacting an attorney.
However, legal deadlines can apply to asbestos and mesothelioma claims in Louisiana. The deadline in any particular case depends on its facts and the law that applies.
Speaking with an attorney promptly can help a family understand those issues.
Can Family Members Bring a Mesothelioma Claim?
Depending on the circumstances, Louisiana law may provide legal options for individuals diagnosed with mesothelioma and, in certain situations, their surviving family members.
The types of claims available, who may bring them, and the applicable deadlines depend on the individual facts.
In the Roy case, Ms. Roy filed her lawsuit before her death, and the litigation continued on behalf of her two adult daughters.
Every family’s situation is different, and a previous verdict does not determine the outcome of another case.
Understanding Your Options in Louisiana
Landry & Swarr has focused on asbestos and mesothelioma litigation since 1999.
We work with Louisiana families to investigate potential exposure histories and evaluate the legal options that may be available.
Whether asbestos exposure may have occurred through a workplace, consumer product, or another source, understanding the facts is an important first step.
If you or a loved one has been diagnosed with mesothelioma in Louisiana, call us today at (504) 299-1214 for a free consultation, or fill out our online form to get started.
This article provides general information and is not legal or medical advice. Past results do not guarantee future outcomes.