In one of the most recent filings by a malignant mesothelioma victim against Johnson & Johnson’s Baby Powder, the Supreme Court of New York County has denied the company’s motion for summary judgment and ordered the consumer giant to appear in court and face the charges against them. The case involves Anna Zoas, who was diagnosed with pleural mesothelioma in 2017 at the age of 76 years old. Mrs. Zoas was exposed to asbestos not through her occupation but from the trusted baby powder product that she’d used for decades.
When Mrs. Zoas was diagnosed with the rare and deadly form of cancer, she’d only heard of mesothelioma from commercials on television. She was surprised to hear that she had an asbestos-related disease, as she had no known asbestos exposure. Once she learned that asbestos had been linked to talc-based products, the mystery was solved: She was able to identify multiple daily exposures to Johnson & Johnson’s Baby Powder dating as far back as 1945, when her mother used it on her as a child, tracking her own use as a child on herself and her baby dolls, to when she used it as an adult, on her own children and on her grandchild. She remembered her mother applying the powder so liberally that the air would become cloudy from the powder floating in the air.
To defend itself against liability in an increasing number of malignant mesothelioma lawsuits, Johnson & Johnson’s has repeatedly attempted to prevent lawsuits before they can begin by filing motions for summary judgment, but in this case, the judge overruled their request, pointing out that summary judgement is “a drastic remedy that should not be granted where conflicting affidavits cannot be resolved” and saying that the company had failed “to specifically identify or make any arguments or provide evidence in support of summary judgment.” The case will go on to trial and Mrs. Zoas will have her day in court against the consumer giant.
If you or someone you know has been affected by malignant mesothelioma and you need information on where to find assistance, contact the Patient Advocates at Mesothelioma.net at 1-800-692-8608.
