Recent Developments in Mesothelioma and Asbestos Litigation

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News Summary

The Washington Supreme Court reverses a dismissal in an asbestos case, while Johnson & Johnson is ordered to pay $15 million for talc-related mesothelioma.

Recent Developments in Mesothelioma and Asbestos Litigation

Washington Supreme Court Reverses Dismissal of Asbestos Lawsuit

The Washington Supreme Court has taken a significant step in favor of workers suffering from asbestos exposure by reversing an appellate court’s dismissal of a lawsuit against an aircraft turbines manufacturing firm. The lawsuit accuses the company, which is the corporate successor of the plaintiff’s employer, of deliberately failing to warn the employee about the dangers of asbestos exposure and providing no protection against it. This exposure allegedly led to the employee developing mesothelioma, a rare but aggressive cancer linked to asbestos.

Under the state’s Industrial Insurance Act, employees are permitted to pursue legal action if an injury like mesothelioma was “virtually certain” to occur due to their workplace conditions, paving the way for accountability against negligent employers.

Johnson & Johnson Faces Consequences for Talc Powder Lawsuit

In a striking development, Johnson & Johnson (J&J) has been ordered to pay a staggering $15 million to a Connecticut man, identified as Evan Plotkin, who developed mesothelioma allegedly from using J&J’s talc products, including baby powder. Plotkin initiated legal action against J&J in 2021 after his diagnosis, claiming that exposure to the company’s products directly contributed to his illness. A jury recently ruled in favor of Plotkin and decided that additional punitive damages against J&J are warranted, with an overseeing judge set to determine the amount.

J&J has faced extensive litigation over their talc products, with more than 62,000 claims alleging that these items contributed to various cancer types. The company withdrew its talc-based products from the U.S. market in 2020 and is entangled in a bankruptcy settlement estimated to address claims of individuals who encountered health issues linked to their talc products. While this deal has brought a pause to lawsuits regarding gynecological cancers, critically, it does not shield J&J from mesothelioma lawsuits.

Asbestos Continues to Be a Major Health Hazard

The dangers of asbestos exposure remain a pressing concern, contributing to an estimated 12,000 to 15,000 deaths annually in the United States alone. The tragic case of Peter Bergrud, a construction worker diagnosed with two forms of mesothelioma, highlights this ongoing issue. Bergrud succumbed to the disease just six weeks after his diagnosis. His family is now pursuing a lawsuit, tracing his asbestos exposure back to cement pipes produced by CertainTeed, a subsidiary of Saint-Gobain.

Saint-Gobain utilized asbestos in the manufacturing of cement pipes until 1992, despite being aware of its dangers. However, claims against the company have become complicated due to a controversial corporate maneuver known as the “Texas two-step.” This strategy allows firms to shuffle liabilities to a new corporate entity, which subsequently files for bankruptcy, thus temporarily halting lawsuits against the parent company.

In this case, a subsidiary, DBMP LLC, was formed by Saint-Gobain and filed for bankruptcy just 91 days after its inception, right in the middle of over 32,000 asbestos claims. Critics argue that this tactic is an abuse of the bankruptcy system devised to evade accountability and financial responsibility.

Challenges Confronting Legal Action and Accountability

Despite these alarming circumstances, Saint-Gobain reported record revenue in 2022, boasting over $55 billion in revenue and more than $5.7 billion in profit. Yet, Bergrud’s family is met with ongoing delays and obstacles in their legal fight against the corporation, exacerbated by the Covid pandemic and the company’s strategic maneuvers.

Legal representatives for Bergrud’s family contend that DBMP should not remain in bankruptcy court since it operates merely as a liability shield with no actual business operations. The emphasis on the profits derived from sales of hazardous materials without workers’ knowledge intensifies the demand for accountability from corporations like Saint-Gobain.

The emotional burden carried by families affected by mesothelioma and asbestos-related diseases is profound. The testimonies from victims and their families highlight a common plea for responsiveness from those responsible for the harms caused by unsafe workplace practices and negligence. The fight against asbestos exposure continues, as advocates and victims seek justice, hope, and preventive measures for future generations.