Facing a personal injury lawsuit from a woman diagnosed with malignant mesothelioma, talc manufacturer Kolmar Laboratories filed a motion for summary judgment, asking that the claim against them be dismissed. But Justice Adam Silvera of the Supreme Court of New York County denied the company’s petition, noting that it had failed to meet the bar of showing their product couldn’t have sickened her. The court also rejected Kolmar’s “contractor” defense that it was only following their customer Johnson & Johnson’s orders.
Woman Blames Her Mesothelioma on Asbestos in Talc
The claim was filed by Lita Goldstein, who was diagnosed with malignant mesothelioma after years of using Johnson & Johnson’s talc powder products. Because Kolmar Laboratories manufactured the product for Johnson & Johnson to package and sell, the company was included among the dozens named in Ms. Goldstein’s negligence claim.
In response to being named as a defendant, Kolmar Laboratories petitioned for removal from the mesothelioma lawsuit, arguing that Ms. Goldstein had not established that she was exposed to any asbestos-containing product that they had manufactured. They also argued that as a contractor, anything that they had manufactured for Johnson & Johnson was per the client’s specifications and that they would not be liable.
Judge Rejects Talc Company’s Plea in Mesothelioma Suit
Justice Adam Silvera reviewed Kolmar’s petition for summary judgment and rejected both of the company’s arguments against having to defend itself against the mesothelioma victim’s negligence charge. He noted that dismissing a defendant from a case is a drastic remedy that must meet a high bar to be granted. Largely ignoring the company’s argument that they shouldn’t be held responsible for following their client’s specifications, the judge said that parties seeking dismissal of the burden of unequivocally establishing that “its product could not have contributed to the plaintiff’s injury,” and that they had fallen short of that requirement. The case will move forward for a jury to weigh the evidence.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
