Asbestos

Cosmetics and personal hygiene products company Johnson & Johnson has made massive headlines in recent months over substantial jury verdicts handed down against the company over allegations that it knew for years about the possible causal link between using talcum powder and developing ovarian cancer. Now, J&J could be open to even more liability after an internal company memo surfaced in another trial that shows it also knew its talcum powder products could also be contaminated with asbestos, a flaky white mineral known to cause the deadly lung cancer mesothelioma.

Attorneys representing more than 50 clients in a class action lawsuit against Johnson & Johnson recently unveiled internal company memos suggesting that the defendant was aware as far back as the 1970s that some of its talcum powder from a pair of mines was contaminated with asbestos. Those contaminated sources allegedly came from mines in Vermont and Italy and appear to directly contradict the company’s claims that its talc-based products have been asbestos-free since the federal government declared asbestos a dangerous carcinogen many decades ago.

Those memos, dated to 1973, state that Johnson & Johnson found two different types of asbestos in its talcum powder, prompting one company official to suggest switching its Baby Powder ingredients to corn starch instead. Furthermore, documents obtained by the plaintiffs show that the defendant went as far as to rewrite product booklets to omit the fact talcum powder from the Italian mine contained the cancer-causing mineral.

The Florida Supreme Court recently agreed to hear the appeal of a plaintiff whose $8 million verdict against a tobacco company was thrown out by a state Appeals Court and subsequently denied a review by a larger panel of judges. The victim’s lawsuit claimed that R.J. Reynolds tobacco company produced a defective product which ultimately contributed to the plaintiff developing mesothelioma, a rare and aggressive form of lung cancer associated with exposure to asbestos.

The mesothelioma cancer lawsuit alleged that the victim’s cancer developed through exposure to asbestos-laden filters on Kent cigarettes the plaintiff smoked in the 1950s as well as exposure to asbestos in gaskets produced by Crane Co. A jury initially awarded the plaintiff $8 million for his injuries, including pain and suffering, as compensation for the defendants producing a product which they knew contained harmful substances but did nothing to warn consumers about.

However, the defendants appealed the verdict on the grounds that the trial court improperly admitted an expert witness for the plaintiffs who specialized in occupational and environmental medicine. The expert asserted at trial that the type of chrysotile asbestos used in the cigarette filters and gaskets directly contributed to the victim’s injuries. Another expert witness for the plaintiff also testified as to the link between the victim’s diagnosis and exposure to the defective products developed and sold by the defendants.

Articles Posted in Asbestos

Memo Reveals J&J Knew About Possible Asbestos in Talcum Powder for Decades

Florida Supreme Court to Hear Appeal in Mesothelioma Cancer Lawsuit Against Tobacco Company