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The start of January 2018 marked the 300 th Birthday of the “Crescent City” of New Orleans. My family and I are planning a return visit this summer and I can almost taste the food already. The city is titled as the birthplace of Jazz music and is home to my favorite food on the entire planet! Creole food is the traditional food New Orleans is famous for. It is often spicy but always guaranteed to be full of flavor. Aside from spicy food there is also desserts that are as equally delicious. My personal favorite being Beignets. Having a beignet would not be complete without having also my favorite coffee a café au lait. Aside from the food, the overall spirit of the city is remarkable. The city faced severe devastation after Hurricane Katrina and yet they were still able to persevere and rebuild this beautiful city. New Orleans is so rich with history and really lives up to its name “The Big Easy.” This year being the Tricentennial year, the city is full of activities and planning a visit will be well worth it.

The Federal Motor Carrier Safety Administration ("FMCSA") has recently issued a statement that a medical professional does not become a certified medical examiner until he or she receives a signed certificate and is placed on the national registry. The FMCSA provides that in addition to a medical provider passing a written examination, the agency conducts a thorough validation process before it will issue a signed certificate. The validation process includes ensuring that test results are accurate, that training has been posted and the medical professional’s credentials are current. A DoT medical examination performed before a certification is provided to the medical professional is considered invalid. There have been growing concerns that potentially thousands of drivers have undergone invalid medical examinations since December 1, 2017. The FMCSA National Registry of Certified Medical Examiners website went down on December 1, 2017 and was “under construction” for at least five months. The website outage prevented medical providers, who passed their certification testing, from joining the national registry. These were doctors who had taken the necessary training and passed the certification test, however, could not legally perform DoT physicals because they could not be added to the registry. The FMCSA has continuously stressed that any physicals performed by a medical profession who did not have a written certificate and/or were not on the national registry is considered invalid. Those drivers would need to be re-examined immediately by a certified medical examiner to receive a medical card. This leads to the questions of just how many new medical professionals jumped the gun and began conducting DoT physicals without a written certificate, or being on the national registry. The fear is that many medical professionals believed they were added to the registry after passing their certification and began examining drivers since December. It is unclear how many drivers may have been affected, but the carrier still has the obligation to ensure that a medical professional performing a DoT certification is properly certified and on the national registry. There are other search tools available to help drivers, motor carriers and state driver’s license agencies verify that a health care provider is in fact certified and listed on the registry. Certified Medical Examiners can continue to conduct DoT physicals and issue paper Medical Examiner’s Certificates, Form MCSA-5876 to qualified drivers. Medical examiners are instructed to segregate all examinations completed during the outage and be prepared to upload them to the national registry system with no penalties when it is back online. Truck drivers, who are preparing for a DoT exam, can use the OOIDA website to read reviews on certified medical examiners.

Sasquatch. The Abominable Snowman. The Easter Bunny. All are well-known fantasies that have been talked about for longer than any of us have been alive. Today, I want to add another, less well-known but equally fictitious name to the group: the “independent” medical examination. For those who have yet to be exposed to this mythical creature, allow me to explain. When someone is injured in an accident that was caused by another person’s negligence, it is not at all unusual for a lawsuit to be filed as a result. In most cases, the attorneys representing the injured party will make an effort to resolve the claim without filing suit, simply because doing so is more efficient and less costly to everyone, including the client. Unfortunately, insurance companies in today’s climate have very little incentive to be fair and reasonable. Their goal is to hang on to their money for as long as humanly possible, and to pay the injured party the least amount of money they can. Accordingly, it frequently becomes necessary for a lawsuit to be commenced. When an injured party files a lawsuit, the Rules of Civil Procedure afford the defendant an opportunity to have the plaintiff examined by a doctor chosen by the defense. The rules refer to this as an “independent medical examination”, although there is absolutely nothing about it that is “independent”. The doctors who perform the examination are selected and paid for by the insurance company or its lawyers. Most insurers use the same doctors to do these exams over and over again. Many doctors have formed separate businesses, apart from their regular medical practices, just to handle the large volume of such exams they are asked to perform each year. I recently handled a case in which the defense doctor testified that he earned nearly $500,000 per year performing “independent” medical examinations. Remember, that is in addition to what he earns as a practicing physician. Now, just sit back and think about this for a moment. Insurance companies want to make sure that they pay you as little as possible for your injury claim, so their incentive is to find a doctor who is likely to conclude that the injured party isn’t hurt nearly as badly as he or she claims, or maybe isn’t even hurt at all. The company is free to pick whoever it wants to do the exam, so once the company knows which doctor is most likely to give it what it wants, guess which doc gets the vast majority of the exams? So now, this doc is generating $250,000 – $500,000 per year doing the exams, so what do you think the chances are that the doc is going to say something in his report that the insurance carrier doesn’t like? How many IME docs are anxious to kill the goose that is laying the golden eggs? Now you see the problem. Several months ago, I tried a case in Wood County for a client who had been hurt in a rear-end auto accident. She sustained a significant injury to the muscles in her neck, and the injury just wasn’t healing. She slept most nights on a chair in her living room. She had multiple muscle massage devices she used in the hopes of finding some relief. The insurance company hired a doctor from Pittsburgh to examine her. To my surprise, the doctor’s first report concluded that she had been hurt in the wreck, and the injury was likely to be permanent. A few weeks later, we received an “amended” report from the doc, in which he said he couldn’t say for sure if the injury was permanent. He later admitted he made the change after speaking to a representative of the insurance company. And if that isn’t bad enough, when it came time to take the case to trial, the doctor appeared and testified that the woman really hadn’t been hurt at all in the car wreck. On cross-examination, the doctor admitted that his second change of heart had come about after a second conversation with the folks from the insurance company. “Independent” medical examination? Not hardly. I can honestly tell you that in the last 20 years of my practice, I can’t remember a single time when an IME doc testified that my client was actually hurt. Think about that for a minute. I’m sure I have represented thousands of people in that span of time, and I’m equally sure that hundreds of them have been subject to an IME. Does anyone honestly believe that not a single one of those folks was actually injured? Or is the more likely explanation that the IME docs are giving the insurance company exactly what it wants? The answer is pretty obvious. Sasquatch. The Abominable Snowman. The Easter Bunny. The Independent Medical Examination. All exist only in the minds of those who want to believe.

Distracted driving is dangerous to drivers, passengers, and nonoccupants alike. Anything that causes a driver to either take their attention away from driving, take their eyes off the road, or take their hands off the wheel is a distraction. A specific type of driver distraction occurs when a driver diverts their attention from the driving task to focus on their cell phone. On August 20, 2017, my best friend’s 54-year-old brother, Mike, was killed by a distracted driver. The person who struck Mike was a 16-year-old boy, who only had his license for a few weeks at the time of the crash. The collision apparently occurred because the 16-year-old was busy searching his phone for a song on his playlist, rather than paying attention to the road. The boy lost control of his vehicle which then left the roadway striking Mike as his vehicle was stopped in a parking lot, waiting to exit onto the roadway. Mike was not only a loving husband, son, and brother, but also the father to two teenage daughters. This tragic, but easily avoidable crash, not only took Mike’s life and forever change the lives of Mike’s family, but this momentary distraction has also changed the life of the 16-year-old boy, who now faces charges of reckless homicide. Pennsylvania has over 120,000 miles of roads and highways. Each year the Pennsylvania Department of Transportation publishes a booklet entitled: “Pennsylvania Crash Facts & Statistics”, which can be found at http://www.dotcrashinfo.pa.gov/. This booklet provides a sobering look at the leading causes of motor vehicle crashes and their resulting injuries and deaths which occur on Pennsylvania’s roadways. The booklet compiles information obtained by PennDOT from traffic crash reports submitted to them by state, county, municipal, and other law enforcement agencies. In 2017, there were 128,188 reportable traffic crashes in Pennsylvania. Those crashes claimed the lives of 1,137 people and injured another 80,612 people. On Average in Pennsylvania: each day 351 reportable traffic crashes occurred (about 15 crashes every hour); each day three persons were fatally injured in reportable traffic crashes (one fatality every eight hours); each day 221 persons were injured in reportable crashes (about nine injuries every hour). Based on Pennsylvania’s 2017 population (12,805,537 people): 1 out of every 44 people was involved in a reportable traffic crash. 1 out of every 11,263 people was fatally injured in a reportable traffic crash. 1 out of every 159 people was injured in a reportable traffic crash. In 2017, the number one contributing factor for both the number of crashes, as well as fatal crashes, was excessive speed. Distracted driving was the second most prevalent contributing factor accounting for 15,614 crashes. That number exceeded alcohol-related crashes by 6,471 crashes. Alcohol-related accidents accounted for 9,143 crashes. Just as technology has created the opportunity and environment for this increase in distracted driving, technology might also be the solution to prevent distracted driving attributable to cell phone usage. One such product is called “Cellcontrol”. This product contains proprietary software that blocks cell phone apps, texts, and calls while a driver is operating a vehicle.  Cellcontrol's patented distracted driving solution consists of two main components, a hardware device in the vehicle called DriveID and an app on the phone(s) or other mobile device(s). Once the Cellcontrol DriveProtect™ app is loaded on the phone, you install the DriveID hardware in the vehicle simply by attaching the DriveID hardware to the windshield of the vehicle, using Velcro, with the USB port pointed toward the dashboard. This blog is not meant as an endorsement of “Cellcontrol” or any other company which may have similar technology but rather identifies and discusses the “Cellcontrol” device to make readers aware that such technology exists to try to combat the growing problem of distracted driving. I urge all of you to talk to your family, friends, and neighbors about the dangers of distracted driving. By making others aware of the dangers of distracted driving, you and your loved ones can hopefully avoid the pain that Mike’s family continues to live with every day.

This blog is part of a series - for part 3, click here. Earlier in this series, we discussed the nuts and bolts of negligence law. Generally, the law imposes a duty of reasonable care in our day-to-day activities. Negligence is a breach of that duty. If someone is injured by another’s negligence, the law of negligence provides a means of compensating for those injuries. Medical malpractice is a subset of negligence. Especially in the last 25 years, the subject of medical malpractice has become a politically charged one. In most states, there are now special rules that must be followed in order for a medical malpractice case to be filed and prosecuted. These rules are complex and are being constantly evaluated and revised. This blog is not meant to summarize the law of medical malpractice, but to give a broad overview of how these rules make medical malpractice cases unique. The one thing is that most states require some kind of screening before a medical malpractice case can be filed. Unlike an ordinary negligence case, someone intending to bring a case for medical malpractice must certify to the court, usually by affidavit, that a qualified expert has reviewed the case and found that it probably has merit. This process is followed in West Virginia, Ohio, and Pennsylvania. Medical malpractice cases also follow special rules for determining whether or not a physician is negligent. The party making the claim must prove through expert testimony that the malpracticing physician violated the applicable standard of care and that his violation actually caused the injury. Experts play a vital role in medical malpractice cases. The expert must satisfy a strict set of requirements before he can testify. For example, the expert must practice in the same field as the malpracticing physician. Depending on the state, it may also be necessary for the expert to be board-certified and/or for the expert to show that a certain percentage of his professional time is devoted to seeing patients. Because of the complex nature of medical malpractice cases, it is also common for states for require an early pretrial conference. This helps to ensure that the court is managing the case effectively. Typically, there are also timelines that have to be met so the case progresses to trial. There may also be provisions requiring the parties to participate in mediation in an effort to resolve the case without the necessity of a trial. Next time we’ll take a look at “tort reform.”

Coming in early June, my late brother-in-law, Carl James Palmer, Jr., known to all as Sonny Palmer, will be remembered by his family and friends during the Sonny Palmer Sunshine Classic. Sonny passed unexpectedly in January 2012 and that year his family began a yearly tradition by having a golf tournament in his name with the proceeds being donated to the Wounded Warrior Project. Sonny was a veteran of the Air Force and he was passionate about the needs of our wounded vets. This year will be the 7 th year for our small family-planned tournament. The 18-hole golf tournament is held at the Fairway River Links Golf Course in Rayland, Ohio, a beautiful course along the Ohio River. Most of the golfers are family and friends of Sonny who come together to reminisce and catch up. Those that participate who may not have known Sonny surely now know a great deal about him as they keep coming back each year. Following the tournament, all golfers are invited to the PAP Club in South Wheeling for lunch prepared by the family. The winning team receives a prize. All golfers receive a gift bag (from the family) and a prize donated by our generous business community. We also raffle off many other donated items, along with having a 50/50 raffle, a Chinese raffle (with all baskets put together and donated by Sonny’s family) and finally a grand door prize—this year donated by a family member. Many friends help with setting up, cooking, cleaning up and just being there to enjoy the day. This has been a lot of fun for everyone no matter their participation—whether they golf or just come to have lunch. Bordas & Bordas has been a supporter of the tournament since the beginning. And the businesses from our community are very generous as is demonstrated by the many donations. We all miss Sonny very much and because of the absolute wonderful memories we have of him, it has been very satisfying to donate each year to the Wounded Warrior Project. To date, a donation of well over $18,000 has been made in Sonny’s name. And we all know what Sonny’s words would be, as he was often heard saying, “That blows my mind, man!”

This past April, for the first time, the Food & Drug Administration (“FDA”) approved a kit to test for breast cancer risk that consumers can purchase “over the counter” without having to go through their doctor first. Offered by 23andMe, which is best known for its ancestry DNA testing, the kit involves taking a saliva test to identify three genetic mutations associated with increased breast cancer risk. The FDA warned that the particular mutations tested affect only a limited number of people and that the kit should not be used as a substitute for regular medical screenings. However, the FDA’s decision is the first step in the availability of direct-to-consumer genetic tests, and what better way to start than with breast cancer. On average, 1 in 8 women in the United States will be diagnosed with breast cancer. It is estimated that a woman is diagnosed with breast cancer every two minutes. Sadly, it is also estimated that a woman dies of breast cancer every 13 minutes. While breast cancer is most commonly diagnosed in women, it can also affect men. Statistics show that an estimated 2,470 men are diagnosed with breast cancer each year. For women, the 23andMe test kit produces a report which describes if she is at an increased risk of developing breast cancer and/or ovarian cancer. For men, it describes if he is at an increased risk of developing breast cancer and/or prostate cancer. However, again, the test only detects three out of more than 1,000 known mutations. “ negative result does not rule out the possibility that an individual carries other…mutations that increase cancer risk,” a press release issued by the FDA warned. Moreover, most cases of cancer are not caused by hereditary gene mutations but are thought to be caused by other factors such as smoking, obesity and other lifestyle factors.

On the day the Pennsylvania Superior Court announced its decision in Trigg v. Children’s Hospital of Pittsburgh (May 14, 2018), a joint ad hoc committee of the Academy of Trial Lawyers of Allegheny County (Academy) and the Allegheny County Bar Association’s (ACBA) litigation section finalized its report and recommendations concerning Allegheny County’s civil jury voir dire process. Over the course of three months, the Committee analyzed several scholar studies; national and local surveys; and, a survey of Academy and ACBA litigators seeking their impressions on Allegheny County’s civil voir dire process. The Committee highlighted that while the right to trial by jury in civil cases is a bedrock of our democracy, it is an empty mandate if the jury selection process cannot provide for the fair vetting of potential jurors who harbor biases or preconceptions that would prevent them from being fair and impartial. Interestingly, aside from Philadelphia and Allegheny counties, every other county in Pennsylvania had a judge preside over the voir dire process; and, court reporters were routinely provided in every county with the exception of Philadelphia, Allegheny and Bucks counties. Based upon the Committee’s review of these materials, and their experience with jury selection in various venues, the Committee proposed the following seven changes to Allegheny County’s jury selection process: Jurors should be informed about voir dire process during orientation. Currently, prospective Allegheny County jurors are oriented to their service via videotape and/or live remarks made in the Assignment Room at the beginning of the day. The Committee believes that this orientation should include a brief discussion about the voir dire process and how important it is that the jurors be candid and honest in responding to questions. Jurors should be reassured that there are no right or wrong answers, and that it is completely appropriate to acknowledge that they have certain preconceptions that may be relevant to the case, but inappropriate if they faile to reveal those preconceptions. A judge should preside over voir dire. Through its research, the Committee determined that Allegheny County’s practice of conducting juror voir dire without a judge being present is essentially unprecedented. Because there is no record as to why Allegheny County developed such a process, the Committee surmised that the court determined that it could move cases faster through the system. That said, the Committee determined that for the past 15 years there has been a 55% decline in the number of verdicts in Allegheny County. Thus, the Committee believed that Allegheny County could provide a judge to preside of the jury voir dire process. Judges should place less reliance on “rehabilitation” assurances from jurors in ruling on challenges for cause. The Committee believed that rather than simply accepting a juror’s self-professed ability to be impartial despite earlier biased representations, the process should allow for more neutral follow-up questions that allows the potential juror to articulate a particularity reliable reassurance of their impartiality; otherwise, the presumption should be that they cannot be fair and impartial. Attorneys should have greater flexibility on case specific voir dire questions. As it currently stands in Allegheny County, the parties are permitted five specific voir dire questions; and, the questions involving the potential juror’s “thoughts” or “feelings” on certain issues are typically excluded. The Committee believes that exceptions should be made to expand the number of questions, and also permit questions that seek the thoughts or feelings of a potential juror as the question may be relevant to an inquiry whose purpose is to ferret out bias and prejudice. Attorneys should have greater latitude to ask follow-up questions during individual voir dire. At present, attorneys are only permitted brief follow-up with respect to potential juror’s answers to individual questions. The Committee believes that attorneys, particularly when a potential juror provides a response that may demonstrate bias or prejudice, be granted greater latitude to explore the panel’s answer more thoroughly. Attorneys should have more time to review juror questionnaires. Attorneys should have more time to review notes before making preemptory strikes. These final two points are self-explanatory – the Committee simply believes that the Court should be more flexible in allowing counsel to evaluate potential jurors, and they believe that having a judge present will help facilitate this goal. The timing of this Report and the Triggs decision could not have been better. Hopefully, we will see some long overdue changes to Allegheny County’s jury selection process in the near future.

To many people Memorial Day weekend is not only a time to honor our fallen heroes, but it is also the unofficial start to summer. To those who consider Memorial Day as the start of summer, this past weekend’s temperatures didn’t disappoint! With temperatures reaching into the mid-eighties and plenty of sunshine to go around, now seemed like a good time to once again remind people of the importance of protecting themselves from the sun’s harmful rays. The sun does a lot of good for you: a little sunshine raises Vitamin D and serotonin levels, reduces the risk of diabetes and certain cancers, and boosts fertility. However, the health benefits of sunlight depend on the dose you receive. As is the case with most things, too much of a good thing can also be bad for you. Too much sunlight is bad news: there’s a correlation between the number of sunburns you get and whether or not you develop skin cancer. The trick to getting the benefits from the sun is to avoid overexposure. The most bulletproof way to do that is to cover up with clothing, but that’s not always a practical option. Sunscreen is useful for those times when your skin is going to be exposed to the sun during the day. Unfortunately, some sunscreens aren’t much better for you than the sunburns they prevent. Many varieties contain unsafe chemicals. A massive study conducted by the scientists at the Environmental Working Group (EWG), a national environmental organization that analyzes toxic chemical use in consumer products, scrutinized over 1,700 SPF-rated products from sunscreens, creams and lip balms. The study found that many sunscreens contain hazardous chemicals. One of the most common ones was the hormone disruptor oxybenzone, linked to endocrine imbalances and skin damage. Also prevalent was retinyl palmitate, a possible carcinogen. The study noted that spray sunscreens often contain harmful inhalants and don’t cover the skin evenly, and that SPF protection tops out at 30-50 SPF, so anything advertising a higher SPF is a marketing gimmick. Products with super high SPF values of over 50-110+ were categorized as misleading. The bottom line: only 21 percent of the 1,000 sunscreens analyzed for EWG’s guide scored high marks. The following are some suggestions to minimize the sun’s harmful effects and maximize sun-soaking benefits: Cover up! This is intuitive, but it’s still worth emphasizing. Protect yourself with things like clothing and headgear. Make sure the weave in your clothing is tight enough to block harmful UV rays. Read sunscreen labels. Always check ingredients and avoid retinyl palmitate (vitamin A) and oxybenzone. Sprays don’t provide adequate coverage and inhalation poses a serious risk – opt for lotions instead. Apply and reapply sunscreen every two hours. Sweat and swimming diminish its effects. Better yet, wear a hat and a shirt! Use natural or mineral-based (titanium-based and zinc-based) sunscreens that reflect the sun’s rays away from your skin, as opposed to chemical sunscreens that absorb the sun’s rays. Many natural sunscreens protect skin just as well as conventional sunscreens without harsh chemicals. Plan ahead. Always have a hat and a shirt handy. Use umbrellas at the beach, park and beyond. Choose a high-performance sunscreen. Check out the EWG’s 2015 sunscreen guide to choosing the best sun blocks for your favorite activities. You can further optimize your internal sunscreen by eating antioxidant-rich foods and taking certain supplements. The following are a few suggestions: Omega-3s (from diet and from supplements like krill oil) Astaxanthin (salmon and fish oil) Vitamin E (supplement this one) Catechins (coffee, chocolate, green and white tea) Resveratrol (blueberries and red grapes) Beta-carotene (carrots and red bell peppers) Now that you’re protected, go out there and enjoy the healthy benefits of the sun!

Over Memorial Day weekend, I participated in the 2018 Ogden 5K. My daughter-in-law works for the Health Plan, and since they and Bordas and Bordas sponsored this year, we thought it would be fun to participate together. We decided to take my youngest two grandchildren and took turns pushing them in a double stroller, so it wasn’t a race I was going to place in, but I still had fun. Pushing those two was a workout in and of itself so I got my money’s worth. The children enjoyed it too, so that’s all that really mattered. After the race, they had a band playing by the civic center. My granddaughter danced and danced. She’s a 4-year-old, so it was really cute. My grandson just bounced up and down on my lap, which is what he likes to do anyway. We also got a wet towel and a popsicle. That was a really good combination to cool off with, and I enjoyed both immensely. Everyone left happy. All-in-all it was a very nice race, and everyone had a good time. Now if I can just keep up with the exercising, I’ll be running in the next race. I do plan on participating in a few more races this summer. Someday I would like to run a half marathon, but it won’t be until I have trained for at least a year. Stay tuned!

Kudos to the Pittsburgh Cultural Trust as they brought yet another wonderful Broadway show to the tri-state area with Rodgers & Hammerstein’s Cinderella. As a kid, I loved the Disney version of the fairy tale so much that, before I could read, I memorized the story, word-for-word, that was read to me every night before bed. I had an array of books from which to choose, but always selected Cinderella. When my husband surprised me with tickets to the Tony award-winning musical at Heinz Hall, I was thrilled at the notion of taking a walk down memory lane with a younger version of myself. Since we were seeing the 1 p.m. performance, the day started with brunch at Braddock’s – the restaurant inside the Renaissance that is just a short walk from the Cultural District. The Pirates were also playing at home, so downtown was bustling for a Sunday. We finished brunch early and thought it would be fun to people watch. It was certainly an eclectic group – theater goers mixed in with baseball fans. My favorite part was seeing all the little girls donning their princess dresses and tiaras on their way to the show. If you’ve not been to Heinz Hall, it’s a beautiful venue that is home to the Pittsburgh Symphony Orchestra and the Pittsburgh Youth Symphony Orchestra. It was built in 1927 as Loew's Penn Theatre and was renovated and reopened as Heinz Hall in 1971. It puts on about 200 performances each year. Once Cinderella was underway, I took note of some differences in the storyline compared to that of the Disney story to which I was so accustomed. However, the premise was the same – living with a wicked step-mother and her two step-sisters after her father passed away, Cinderella, with the help of her fairy godmother, makes it to the ball and is chosen by the handsome prince to be his bride. Within the storyline, though, Rodgers & Hammerstein conveyed two messages to the young Cinderellas in the audience – always choose kindness and you can be anything you want to be. I thought those were nice additions to the story. Hopefully, the young ladies attending the show will keep those two points in mind as they grow up and pursue their dreams, whatever those may be. As for me, I think I am going to peruse Zappos. After all, a new pair of shoes can make all the difference. Just ask Cinderella!

A Los Angeles jury delivered a $25.7 million verdict against Johnson & Johnson last week in a lawsuit brought by a 68-year-old woman and long-time user of J&J’s talcum baby powder. The jury ordered J&J and its talc suppliers to pay $21.7 million compensatory damages, and $4 million in punitive damages. J&J was assigned 67 percent responsibility, with the rest distributed among other defendant suppliers of talc. Over the past several years, Johnson & Johnson has had a number of high-dollar verdicts against it for the manner in which it marketed and distributed its talcum-powder containing products while failing to disclose known health hazards associated with talc exposure. Talc is a mined mineral that is often found intermingled with seams of asbestos, which is believed to contaminate the talc. J&J is battling some 6,000 cases nationwide, most of which center on claims that its talc powder products caused ovarian cancer, but last week’s decision highlights the new focus talc litigation has taken on in recent months with plaintiffs claiming the widely used product causes mesothelioma – a terminal cancer strongly associated with asbestos exposure. Last week’s verdict marks the second mesothelioma trial loss in two months against J&J over allegations that its talc-based products contain asbestos. In April, a New Jersey state court jury ordered J&J and its talc supplier to pay $117 million to a man who alleged he developed mesothelioma due to asbestos exposure from J&J baby powder. J&J has appealed that decision. But mesothelioma is very strongly associated with exposure to asbestos, to the exclusion of nearly every other possible cause. And for mesothelioma victims that have no known occupational or traditional product exposure to asbestos, talcum powder exposure is a relatively novel, but potentially very real cause. If you have been diagnosed with mesothelioma, you should contact an experienced attorney right away to learn more about your rights.