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In Memoriam – Dr. David Sugarbaker

Dr. David Sugarbaker MesotheliomaServices were held for Dr. David J. Sugarbaker (August 5, 1953 – August 29, 2018) on Saturday September 1, 2018. Dr. Sugarbaker was a man who has been described by many of his co-workers as a man bigger than life. For mesothelioma patients, he was a hero who gave hope to patients when they had been told there was none. For individuals that were fortunate to work with him, he was compassionate, kind, a passionate man with a work ethic that few could match.

To sum up a person’s life in a few words, at a memorial service, in a conversation is not possible. The many brilliant accomplishments he achieved professionally will live on and affect the lives of patients and families for many years to come. His varied interests, his expertise on many subjects, his unfailing enthusiasm to get going, get it done, were legendary.

One of 10 children, son of a surgeon, mother was a nurse, raised in Jefferson City Missouri. He attended Wheaton College, Cornell Medical School, residency at Brigham and Women’s Hospital, established the Thoracic Division of Surgery at the Brigham and Women’s Hospital. He founded the International Mesothelioma Program at Brigham and Women’s Hospital in 2002. He developed and pioneered treatment options for patients with malignant mesothelioma over the course of decades, researcher, scientist, patient advocate, accomplished successful surgeon. Dr Sugarbaker spent the last four years of his professional life establishing a mesothelioma program at Baylor- St Luke’s Hospital in Houston Texas. A brief limited professional resume of Dr. Sugarbaker’s many accomplishments.

Dr. Sugarbaker’s professional accomplishments are the side of him that was known publicly. His personal accomplishments are just as impressive. He leaves a wife and six children. When talking about their father the perspective of what kind of a father Dr. Sugarbaker was, how involved with his children he was, the impact on their lives was as impressive as his professional accomplishments. His family was the center of his life. The tributes from his children were a reminder of the depth of love he shared for his wife Linda and his children and grandchildren.

Dr. David Sugarbaker was a talented healer who was able to offer hope to people when there was none.  In addition to the thousands of patients and families lives that he touched, Dr. Sugarbaker was a mentor to hundreds of thoracic surgeons. On a beautiful late summer day many came back to Boston to pay their respects and to thank him for his expertise and mentorship over the years.

Having had the privilege of working with Dr. Sugarbaker for over 30 years there are many superlatives that we can use to describe the type of man, surgeon, leader he was. To us he was generous, kind, always encouraging, with a great sense of humor. He was a visionary that was able to make an impact on all he touched.

About 10 years ago we accompanied a patient we wanted to get home to his follow-up mesothelioma appointment with Dr. Sugarbaker. We had been asking him frequently when and how we could help get him home. He greeted us by saying, “look who you brought with you today, your travel agents!”

It has been a privilege to have known Dr. David Sugarbaker, to have heard his stories, see him interacting with patients and families, and watched as he inspired the next generation of thoracic surgeons.  The mesothelioma community has lost a leader.

Rest in peace Dr. Sugarbaker, you are missed, job well done!

– Lisa and Ellie

Why You Should Use Corn Starch and Not Talc

talc asbestosThe link between asbestos in talcum powder (talc) and mesothelioma has taken center-stage recently with several large jury verdicts leveled against the leading manufacturer Johnson & Johnson Consumer, Inc. (Johnson & Johnson). The company has been sued in thousands of claims alleging that its baby powder causes ovarian cancer. But cases involving mesothelioma are based on the presence of asbestos in Johnson’s Baby Powder and Shower-to-Shower talc products, which is breathed in by those using or exposed to the products. It is important that consumers understand that the corn-starch version of Johnson’s Baby Powder is 100% asbestos-free, whereas the talc-based classic Johnson’s baby powder formulation has been found to contain asbestos.

The Connection Between Talc and Asbestos

Talc is a naturally occurring mineral known for its moisture absorbing properties. Talc is found in close proximity to asbestos when growing in its natural state. Exposure to asbestos is the only well-established cause of mesothelioma in the United States. Consumer companies must refine talc before use, but studies reveal that many products, including baby powder, still contain small percentages by weight of asbestos. Cornstarch, however, can be safely used as an alternative to talc. Cornstarch is made of large particles located in the corn kernel and is completely free of asbestos. Many consumer product companies have acknowledged the benefits of using cornstarch and have increasingly used cornstarch in place of talc. Johnson & Johnson, however, continues to market two versions of baby powder: one with corn-starch and the classic, more-recognizable version with talc. Clearly, talc should not be used in any baby powder or body powder because of the findings of asbestos in talc, and because a 100% asbestos-free alternative exists in the form of corn starch. Studies also demonstrate an increased risk of ovarian cancer in women who use talcum powder regularly below the waist.

Historic Verdict Links Mesothelioma to Talc in Baby Powder Products

In a major victory for mesothelioma patients in April, 2018, a court in New Jersey concluded that the talc found in Johnson & Johnson’s baby powder was contaminated with asbestos in the mining process. Plaintiff Stephen Lanzo, represented by two MesoLawyersCare law firms, maintained that he developed mesothelioma as a result of using baby powder for decades. Internal Johnson & Johnson documents revealed that the company was aware that the talc in its baby powder contained asbestos yet failed to provide warnings on its packaging alerting consumers about the dangers. This knowledge dates back prior to the 1970’s according to company documents. The jurors awarded $30 million to Lanzo and $7 million to his wife and an additional $80 million in punitive damages to be paid by Johnson & Johnson and Imerys Talc America, Inc, a talc supplier.

Mesothelioma Litigation Against Talc-Based Product Manufacturers

Unlike asbestos lawsuits that often arise from occupationally-related asbestos exposures, the plaintiff in the Lanzo case was exposed to asbestos that contained in talcum powder. Evidence that asbestos was present in talc came from historical documents and testing, as well as modern-day testing of vintage products. Asbestos was found in the majority of Johnson’s baby powder products tested by the expert for the plaintiffs in the Lanzo case. Johnson & Johnson vigorously objected to the admission of this testing in the Lanzo case, but the trial court overruled its objections. Johnson & Johnson still claims, despite all this testing, that its talcum powder products never contained any asbestos. Johnson & Johnson also claims that any asbestos minerals in its talc-based powder do not meet certain geological definitions for “asbestos fibers”. However, the jury in Lanzo rejected these arguments and concluded that Johnson & Johnson’s baby powder was a defective product because it contained asbestos, that the product was unreasonably dangerous and that cornstarch is a safer feasible alternative.

The outcome of the case is significant because it is the first time Johnson & Johnson has been held liable in a mesothelioma case in connection with the presence of asbestos in its baby powder. Despite the company’s continued claims that their baby powder poses no health hazards, the verdict is further evidence why consumers should use corn starch instead of talc.

If you or a loved one has been diagnosed with mesothelioma, contact MesoLawyersCare to learn how we can help you obtain the compensation you deserve. We have recovered some of the largest and most notable verdicts in mesothelioma cases in the country. Call us at 1-888-568-1177 or complete the form on this page to speak to our attorneys about your case.

MLC Law Firms Win $117 Million Mesothelioma Verdict Against J&J

Johnson & Johnson Baby Powder Talc Mesothelioma Verdict for Stephen Lanzo

Pictured: MesoLawyersCare attorneys Joseph Satterley (left), Moshe Maimon (middle) and Denyse Clancy (right) after this historic verdict.

April 11, 2018 – Two of the MesoLawyersCare law firms, working together for our deserving mesothelioma client, won a historic victory today in New Jersey state court against Johnson & Johnson Consumer, Inc. (“J&J”), and Imerys Talc America, Inc. (“Imerys”), a supplier of the talc. The jury unanimously found that Steve Lanzo’s mesothelioma was caused by exposure to asbestos in Johnson’s talc baby powder and Shower to Shower products. The trial proceeded in two phases: the liability and punitive damages phase. Last week, after a three-month trial, the jury awarded $37 million dollars to compensate Steve and Kendra Lanzo for their damages resulting from Mr. Lanzo’s mesothelioma. Today, the jury awarded an additional $80 million dollars in punitive damages, consisting of $55 million against J&J and $25 million against Imerys.

Both J&J and Imerys continue to claim that their talc never contained asbestos. However, the jury rejected this argument, unanimously finding that Mr. Lanzo breathed in asbestos from his use of J&J’s talc powders. In its verdict, the jury also decided unanimously that both defendants failed to adequately warn about the health hazards of asbestos in their talc. The jury was also asked to decide whether Johnson’s Baby Powder and Shower-to-Shower were “defective” products as the result of being unreasonably dangerous. The jurors all agreed that the products were defective because it contained asbestos and J&J had a safer feasible alternative design (corn starch) that they could have sold instead of its talcum powder. The MesoLawyerCare attorneys devoted themselves to the Lanzo family and this cause in order to win this important victory. The team of MesoLawyersCare attorneys presented a large number of previously confidential corporate documents regarding asbestos in talc for the jurors to view and consider in deciding the case.

This trial was the first mesothelioma case in which J&J has been held responsible for asbestos in its baby powder talc products. There have been previous verdicts against J&J in ovarian cancer cases, but those cases have not centered around the presence of asbestos in the talc and did not involve mesothelioma. The documents unsealed in court, which came from the defendants’ confidential files, dated back to the 1960s and 1970s. These documents showed that the companies knew that there was asbestos in the talc used in Johnson’s Baby Powder, but failed to provide any warnings to customers about this severe hazard. The jury was also shown documents showing that J&J could have replaced its talc baby powder with a safer alternative (corn starch) but failed to do so because of marketing and litigation concerns. One of the documents from 1977, indicated that J&J had done market testing showing that most customers preferred corn starch baby powder (a substance that is 100% asbestos-free).

The United States government has never regulated cosmetic talc powder products. The companies instead “self-regulated” and opted to primarily use a test method that they knew lacked the sensitivity needed to identify asbestos in talc. In the 1990s and 2000s, additional testing and correspondence put J&J on notice that there was asbestos in Johnson’s Baby Powder. One of these reports, from the 1990s, was a published article that identified a talc sample as “Sample I” that contained asbestos fibers. It was not until litigation with J&J in 2017, that it was revealed that J&J had documentation that “Sample I” (which contained asbestos) was Johnson’s Baby Powder, purchased off-the-shelf in the 1990s.

Evidence was introduced at trial showing that, in 2008, Imerys’ head of product stewardship made a monopoly board called “License to Market” for selling talc. On this monopoly board, a skull and cross bones and “DANGER” were placed next to squares marked “Public perception” and “Litigation”.

At the punitive damages phase of this trial, Imerys’ Chief Financial Officer testified that Imerys Talc America’s Board of Directors had not discussed making any changes as a result of the jury’s finding that there was asbestos in the company’s talc. J&J did not have a corporate representative testify during the punitive damages phase of the verdict.

The dedicated lawyers and staff from all the MesoLawyersCare law firms are proud to announce this important verdict for the Lanzo family. We are also hopeful that our victory in this case will help others diagnosed with mesothelioma resulting from exposure to asbestos from dangerous talcum powder products, and that these companies will stop using talc in baby powder and body powder products.

If you or a loved one has been diagnosed with mesothelioma, please contact us so that we can see if MesoLawyersCare can help you. Our firms have collectively recovered over $10 billion dollars for victims of mesothelioma and other asbestos-related diseases. As this verdict shows, we are willing to take on powerful corporations to get our clients the justice they deserve. You can contact us today by calling the phone number on this page, typing into the “live chat” with one of our representatives now, or filling out the form on this page.

Mesothelioma TV Commercials

Everyone has seen commercials for mesothelioma on television. When you are watching the news or a football game or your favorite show, you see commercials targeting people diagnosed with mesothelioma. Some of these commercials offer a free mesothelioma book, while others talk about a 30 billion dollar asbestos trust fund. What should people diagnosed with mesothelioma and their family members make of these TV commercials?

1. Any Law Firm Can Run a TV Commercial.

It’s important to keep in mind that any lawyer or law firm can pay money to run a TV commercial. This does not mean that the law firm or lawyer has any experience or track-record in actually litigating mesothelioma cases. A law firm can have a commercial on TV even if the law firm has never won a single jury verdict in a mesothelioma case. If you watch closely, you will see the name of the law firm that put the commercial on TV at the very end of the commercial. You can read the name of the firm and research the firm to find out: if they actually have a proven track-record in mesothelioma cases, if their attorneys have good credentials and if they have handled mesothelioma cases similar to yours.

2. The Firm Running the TV Commercial May Not Handle Your Case.

You may be surprised to know that there are lawyers that run TV commercials that do not actually file and litigate the claims for people diagnosed with mesothelioma. Many firms advertising on TV will come and meet with you and have you sign a contract and then send your case to a litigation firm that primarily works on the case. Marketing and litigation require different skills and focus. Some firms are very skilled in marketing and running very polished and persuasive TV commercials. Other firms put their focus on litigating cases including trying mesothelioma cases in front of juries. Some firms are skilled in both marketing and litigating. However, there is no way to make this judgment about the firm based on a 30 second TV commercial.

3. If You Found MesoLawyersCare, Then You’ve Been Doing Your Homework

If you are reading this, then you have decided to research which attorney would be best for your mesothelioma case. You have decided that you are not going to base your decision solely on a 30 second TV commercial. And if you have found MesoLawyersCare, you have done your homework in finding the group of attorneys that together have accomplished more for families affected by mesothelioma than any other group of attorneys. We are four firms that have come together to provide the highest level of representation for mesothelioma victims from coast-to-coast. While you are on our website, you can take more time than the 30 seconds it takes to watch a TV commercial. Read about us. Read about our verdicts and settlements. Read about some of our attorneys. See why people choose MesoLawyersCare.

The choice of an attorney for a mesothelioma case is very important. It is one of the biggest facts that will affect how much your case is worth. Just like you would not choose a surgeon to operate on your mesothelioma, based on a TV commercial, you should do research to find the law firm that can best help you.

Contact us today for a free, no-obligation consultation to find out how we can help you with your mesothelioma case. We also can connect you with experienced mesothelioma nurses who can help guide you through the medical decisions you are making. We are proud to have recovered more than 10 billion dollars for mesothelioma victims and families. We are also proud that we give back to fund mesothelioma research and patient services. Connect with us now to see if we can help you, by (1) using the phone number on this page, (2) starting a live chat, or (3) filling out the form on this website.

How Much is My Case Worth? Three Important Factors.

Mesothelioma Case ValueWhen patients and families contact MesoLawyersCare, one of the most common questions asked of us is: How much is my case worth?

The answer to these questions is that “it depends” on many factors. Based on the decades of experience of the the four firms that comprise MesoLawyersCare, three important factors that affect the value of your mesothelioma case are:

1. The Identification of Asbestos-Containing Products Made or Sold by Specific Companies in Your Case:

Many people have been led to believe that if someone has mesothelioma, then they automatically will be paid a large amount of money. This is not true. One of the most important factors that will influence how much a mesothelioma case is worth is whether there is solid evidence of exposure to asbestos-containing products manufactured or sold by specific companies. The identification of a product manufacturer or seller is known as “Product I.D.” in asbestos litigation. This evidence usually takes the form of eyewitness testimony by the person who used the asbestos-containing products or other eyewitnesses (such as co-workers). For example, if a person who developed mesothelioma worked as an auto mechanic and was exposed to asbestos from performing brake repairs, this does not necessarily mean that any company that made asbestos-containing brakes will agree to pay or be required to by a jury. The case would require “Product I.D.” evidence that the person diagnosed with mesothelioma was exposed to dust from brakes manufactured or sold by a particular company or companies.

2. The Location Where Your Case Can be Filed:

Another important factor that will impact the value of a mesothelioma case is the places in which the particular case is able to be filed. There are certain locations or courts (known as “jurisdictions”) where the value of cases typically is higher. However, there are rules regarding what cases are allowed to be filed in which jurisdictions. A mesothelioma case can usually be fled in a jurisdiction where some of the asbestos exposure occurred. However, the case can also be filed in other jurisdictions, including the place where the defendants are headquartered or committed wrongful acts relating to the case. If the case can only be filed in “lower value” jurisdictions, then the case is more likely to have a lower value. On the other hand, if the case can be properly file in a “higher value” jurisdiction, then the chances of obtaining a higher case valued are increased. Factors influencing whether a jurisdiction is “higher value” versus “lower value” include: whether punitive damages are available, whether there is a history of high jury verdicts and the legal claims that are available to pursue in the particular jurisdiction.

3. The Lawyers You Choose For Your Case:

All mesothelioma lawyers are not equally qualified or experienced. The value of your mesothelioma case in the hands of one firm can have a much different value as compared to the value of the same case in the hands of another firm. The most important reasons for choosing MesoLawyersCare and for the success of our firms in representing families affected by mesothelioma are: Experience, Resources, Proven Track Record and Commitment. The Experience comes from a group of more than 70 attorneys who have been doing this work for more than 3 generations. We have seen essentially every different type of asbestos exposure in mesothelioma cases. The Resources comes from the combination of 4 successful law firms with offices, attorneys and investigators located throughout the United States. The Proven Track Record comes from decades of verdicts and settlements for our clients. For more information on this, see our verdicts and settlements page. Our Commitment is shown by our willingness to take on the most challenging mesothelioma cases, the close relationships we have with our clients, and our continuing contributions to mesothelioma research, which is part of the mission of MesoLawyersCare.

The three factors discussed above are important to consider in determining what your mesothelioma case may be worth. Keep in mind, that the most important first step is verifying that the diagnosis of mesothelioma exists in a particular case and that the case can be filed by the applicable statute of limitations. If you or a loved one has been diagnosed with mesothelioma, contact us now (using the phone number, live chat or form on this website), so we can see if we can help you with your case.

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