Dr. Albert Casaretto died of pleural mesothelioma in 2022, after more than fifty years of using Johnson & Johnson’s talcum powder. His initial claim against the company and other defendants was entered in 2018, shortly after he was diagnosed with the rare and deadly disease, and scheduled for trial in 2020. Court closures due to the COVID-19 pandemic and other complications delayed the trial until this month. Opening statements were presented to the jury yesterday.
Mesothelioma Claim Names Johnson & Johnson, CVS, and Others
Dr. Casaretto and his wife, Irene, named several defendants in their original mesothelioma claim, including Johnson & Johnson, Pecos River Talc, CVS Pharmacy, Eckerd Drugs, and Publix Supermarkets. Since Dr. Casaretto’s death, his son, Albert Casaretto, Jr., has been substituted in the claim as representative for the estate. The jury in the trial accusing Johnson & Johnson’s talcum powder of being contaminated by asbestos began hearing arguments yesterday.
While Johnson & Johnson’s attorney asserted to jurors that evidence submitted on behalf of the mesothelioma victim included at least one talc bottle that had been tampered with, and that asbestos was present in thousands of products, leading to “every single person in this courtroom” having some asbestos fibers in their lungs, the victim’s family’s attorney argued that Casaretto had used the company’s talcum powder products every day, believing its advertisements and commercials that said the product was pure.
Mesothelioma Victim’s Daily Routine Created Clouds of Talcum Powder
The mesothelioma victim’s representative described Dr. Casaretto’s daily routine of applying baby powder, saying he created “a cloud, all the time, every day, for 50 years, breathing it in every day.” He said, “For over a century, this iconic product was marketed as pure. It was not pure, it could not be made pure,” explaining how the proximity of talc deposits to asbestos deposits left talc cross-contaminated with the deadly carcinogenic mineral.
In seeking damages on behalf of the mesothelioma victim, the jury is being told that Johnson & Johnson was aware of the problem and had the option of using corn starch, but chose not to. They were also shown a medical report that had ruled out workplace exposure to asbestos and pointed to his daily use of talcum powder as the cause of his illness. The case is expected to take several days before going to the jury for a decision.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
