Court Allows Widow’s Mesothelioma Lawsuit Against Talc Manufacturer Avon Products and Vi-Jon to Proceed

For purposes of this article, the deceased mesothelioma victim in this case will be referred to as T.H., and his surviving wife will be referred to as F.H.

In a recent decision, the Supreme Court of Erie County allowed a widow’s mesothelioma lawsuit against Vi-Jon, LLC to continue and refused to dismiss her request for punitive damages. After T.H. passed away from malignant peritoneal mesothelioma, his surviving wife. F.H. brought a wrongful death claim against Vi-Jon, LLC, and Avon Products. Vi-Jon, LLC is the company behind various baby powder products that F.H. ‘s husband regularly used. Vi-Jon petitioned the court to dismiss the case and F.H.’s request for punitive damages, but the court turned the company down and allowed the case to proceed.

In her lawsuit, Mrs. F.H. presented her own testimony, along with her late husband’s deposition, which detailed his regular use of the baby powders. She also included statements from the company and Target representatives and several affidavits from testing and causation experts and pathologists. These experts provided evidence that Vi-Jon’s products contained asbestos, thus linking it to Mr. T.H.’s illness and eventual death.

However, as is the case with most defendants in mesothelioma cases, Vi-Jon denied any responsibility for T.H.’s illness and subsequent death. According to the company, its products were safe, and it had no legal obligation to conduct independent testing. Vi-Jon claimed that it relied on certifications from its supplier, who assured them that the talc was asbestos-free. The defense argued that it was reasonable for the company to trust these assurances from the supplier rather than conduct further tests.

After considering the widow’s and the manufacturer’s arguments, the court concluded that Vi-Jon had not shown enough evidence to prove that its products could not have caused Mr. T.H.’s mesothelioma. Notably, the court emphasized that under New York law, manufacturers cannot avoid responsibility for product safety by shifting the burden to their suppliers. If there is any reason to suspect contamination, the manufacturer is required to independently inspect and test its products to ensure they are safe. The court noted that manufacturers are legally obligated to conduct full tests and inspections of their products to uncover all scientifically discoverable risks.

The court also rejected Vi-Jon’s request that F.H.’s claim for punitive damages be thrown out. The company argued that punitive damages need proof of reckless behavior or conscious disregard for safety. According to Vi-Jon, Mrs. F.H. had not provided such evidence. However, the court disagreed. The court noted that the widow had presented evidence showing that the company received multiple warnings about potential asbestos contamination in the talc it was using. If proven true, these warnings are enough to confirm that the company knowingly ignored serious risks. The court allowed the claim to stand and the case to proceed and be heard by a jury. If a jury validates the claims, these allegations could support a finding of gross negligence or willful disregard for consumer safety.

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