Johnson & Johnson Motion for Summary Denied in Mesothelioma Baby Powder Case
Johnson & Johnson will have to stand trial in a New York case filed by Anna Zoas. The case, which Johnson & Johnson motioned for summary judgment, will now go to court after the Supreme Court of New York County denied the motion.
Zoas filed the case after she was diagnosed with pleural mesothelioma, a rare and deadly cancer, at the age of 76.
Zoas did not have an occupational exposure to asbestos in her workplace. She claims to have only had contact to asbestos through baby powder, sold by Johnson & Johnson, which is alleged to contain carcinogenic material. Zoas, like many others across the country, used the company’s baby powder for decades.
Zoas has been exposed to the company’s talc-based products dating as far back as 1945. Zoas’ mother used Johnson & Johnson’s baby powder on her as child. She claims that the powder was used liberally to the point that the air would become smoky with powder.
Johnson & Johnson is facing lawsuits across the company related to malignant mesothelioma cases. The company has attempted to shut down several lawsuits by filing motions for summary judgment. The judge in this case claims that the company has failed to provide evidence that would allow for a support of summary judgment.
Mrs. Zoas will have her day in court, claims the judge.
Johnson & Johnson was facing a similar lawsuit in South Carolina last month in which a 30-year-old woman died after using the company’s products her entire life. The case ended in a hung jury. The woman, Bertila Boyd-Bostic, contracted malignant mesothelioma, a rare form of cancer, in which was traced back to the company’s talc-based powder.
Johnson & Johnson has nearly 12,000 lawsuits pending that involve the company’s Baby Powder product, causing either ovarian cancer or malignant mesothelioma. Talc-based products are sourced near asbestos deposits, with cross-contamination occurring frequently between the two.