After Todd Hathaway died of malignant peritoneal mesothelioma, his widow, Fayda, filed a wrongful death claim against Avon Products, as well as Vi-Jon, LLC, the manufacturer behind multiple baby powder products Mr. Hathaway had used. Though the company filed a petition to have her case against them dismissed, the Supreme Court of Erie County allowed the case to continue and refused to dismiss her claim for punitive damages.
Mesothelioma Widow Seeks Punitive Damages from Talc Manufacturer
In her wrongful death lawsuit, Mrs. Hathaway presented deposition testimony from herself and her husband as to his regular use of the products manufactured by the company. She also presents testimony from representatives of the company and Target, and affidavits from noted testing experts, causation experts, and pathologists, all of whom pointed to asbestos being in the company’s products and linking it to Mr. Hathaway’s illness and death.
In response, Vi-Jon asked the Supreme Court of Erie County to dismiss the mesothelioma widow’s negligence charges. They both denied the presence of asbestos in its products and argued that it had no duty to test the product because it had received a certification from its supplier, Barretts Minerals, Inc., that the mineral had been asbestos-free. They asserted that it had been reasonable for them to rely on these assurances.
Judges Deny Asbestos Company’s Petition for Dismissal of Mesothelioma Claim
Upon review of the arguments from both the manufacturer and the mesothelioma widow, the court noted that Vi-Jon had failed to demonstrate through evidence that its product could not have contributed to Mr. Hathaway’s illness and death, and that New York courts had long established that manufacturers could not delegate its duty to ensure a product’s safety if there was reason to suspect contamination, and that manufacturers in fact have “a duty to test fully and inspect its products to uncover all dangers that are scientifically discoverable.”
Additionally, the court denied the company’s request that the mesothelioma widow’s punitive damages be dismissed. Though Vi-Jon argued that there must be proof of recklessness or a conscious disregard of others, and that no such proof existed, the court noted that Mrs. Hathaway had presented evidence that the company had received several warnings about asbestos content in the talc it was using, and that if proven, those facts could support a finding of gross negligence or conscious disregard. They allowed the claim to stand and the case to move forward to be heard and decided by a jury.
If you or someone you love has been diagnosed with mesothelioma and you need information about the options available to you, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
