Talc Supplier’s Arguments Fail in Mesothelioma Case

For purposes of this article, the mesothelioma victim in this case will be referred to as L.G.

In a recent court decision, the Supreme Court of New York rejected a talc supplier’s motion for summary judgment. This case centers around a woman who we will refer to as L.G. in this article. L.G. was diagnosed with malignant mesothelioma after years of using talc powder products. Kolmar Laboratories, the manufacturer of the products, was named as one of the defendants in L.G.’s negligence claim. Kolmar Laboratories petitioned for removal from the lawsuit, but the company’s arguments failed. The case will move forward for a jury to weigh the evidence.

After L.G. was diagnosed with malignant mesothelioma, she traced the cause of her illness to the Johnson & Johnson talc powder products she had used for many years. Malignant mesothelioma is a form of cancer that affects the thin tissue lining most internal organs, known as the mesothelium. Mesothelioma is a rare form of cancer. In the United States, around 3,000 new mesothelioma cases are diagnosed yearly. This illness is primarily caused by asbestos exposure. Asbestos is a naturally occurring mineral whose fibers are strong and heat resistant. This made asbestos useful in a wide variety of applications. When asbestos is disturbed, tiny fibers are released into the air, which can get stuck in the mesothelium after being inhaled or ingested. Over time, a person may suffer inflammation and scarring, leading to the development of malignant mesothelioma. Kolmar Laboratories manufactured the Johnson & Johnson products that L.G. used. Because of this, Kolmar was named as one of the defendants in L.G.’s mesothelioma claim.

In response to L.G.’s lawsuit, Kolmar Laboratories filed a petition with the court asking to be removed from the lawsuit. The company’s defense relied on two main arguments. First, Kolmar argued that Mrs. L.G. had failed to prove that she was exposed to any asbestos-contaminated product the company had manufactured. In other words, according to the defendant, the claimant’s evidence was insufficient to link their products to her mesothelioma diagnosis. Second, Kolmar Laboratories argued they should not be held liable because they were merely a “contractor.” The company argued that it simply followed the specifications provided by Johnson & Johnson. So, according to Kolmar, since they strictly adhered to their client’s instructions, they should not be held accountable for any harm resulting from the use of the talc powder products.

Justice Adam Silvera of the Supreme Court of New York carefully reviewed Kolmar Laboratories’ arguments. In his decision, the judge noted that dismissing a defendant from a lawsuit requires the defendant to meet a high legal standard. According to the judge, for a defendant to be dismissed from a case, they must demonstrate that their product could not have contributed to the claimant’s injury. The judge found that Kolmar Laboratories had failed to meet that standard of proof. As a result, Justice Adam Silvera ruled that the case should proceed, allowing a jury to evaluate the evidence and determine whether the defendant is liable for the L.G.’s mesothelioma.

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If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide 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 and help you live a more comfortable life.