Court Allows Mesothelioma Cancer Lawsuit to Proceed Against Retailer

A New York state court recently issued an important ruling in an asbestos cancer lawsuit preventing one of the defendants from attempting to have itself removed from the case and potentially escape liability for its role in the victim’s cancer diagnosis. With the court’s ruling, defendant retailer Lot Less will remain as a defendant to the case while the plaintiff proceeds with the information gathering phase of the litigation in order to establish exactly what the business knew about the safety of the products it sold to consumers like the victim in this case.

According to the mesothelioma cancer lawsuit, filed in the Supreme Court of New York County in 2018, the now deceased plaintiff developed malignant mesothelioma cancer from years of using Johnson & Johnson’s Baby Powder, which was contaminated with deadly asbestos fibers. The plaintiff contends that not only Johnson & Johnson should be held liable for manufacturing the carcinogenic talc-based product, but also retailer Lot Less for selling the product to consumers like the victim. Other defendants named in the case included Bristol-Meyers Squibb, Cyprus Amax Minerals Company, and Whittaker Clark & Daniels.

In its motion for summary judgment, Lot Less argued that the family of the victim, who brought the suit on her behalf, had not yet proven that the Johnson & Johnson product in question actually contained asbestos. Further, the company argued that sellers of defective products generally have an implied right to indemnification, that is that they cannot be held liable for legally selling a product that a manufacturer produced. Fortunately for the plaintiff, the judge hearing the case determined that it would be premature to remove Lot Less from the case since the underlying liability had not yet been established.

In recent years, revelations have come to light concerning exactly what and for how long cosmetics companies like Johsnon & Johnson have known about the presence of carcinogenic asbestos fibers in their talc-based products. Both asbestos and talc are naturally occurring minerals that can be found side by side in nature. Because of this proximity, companies sourcing and processing talc must take precautions in order to assure that their products do not become contaminated with deadly asbestos fibers.

Exposure to asbestos is directly linked to developing mesothelioma, a rare and deadly form of cancer that commonly affects thin linings of tissue surrounding vital organs such as the lungs and heart, and the abdominal cavity. Thus far, Johnson & Johnson is embroiled in an estimated 20,000 talcum powder cancer lawsuits in federal and state courts across the country, many of which allege that the victims developed mesothelioma and other serious forms of cancer.

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If you or a loved one was diagnosed with mesothelioma, contact our office to speak to one of our experienced mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.