After his wife Cynthia died of mesothelioma, Maine widower Andrew Curtin filed a mesothelioma lawsuit against Johnson & Johnson, blaming the company’s iconic baby powder for her death. After challenges to expert witness testimony were filed by both the victim’s family and the consumer products giant, the judge hearing the case made several significant rulings in favor of the plaintiffs. The admission of these experts’ testimony is especially important because Ms. Cartwright died just two months after her diagnosis, allowing no time for her to provide deposition testimony on her own behalf.
Mesothelioma Diagnosis Undisputed, Cause Remains Contested
Mr. Curtin filed his wrongful death claim on behalf of his late wife, Cynthia Cartwright, who died from mesothelioma after decades of using Johnson & Johnson baby powder. Her exposure was largely attributed to her habit of pouring the popular talcum powder into her shoes several times a week. She was diagnosed in February 2017 and died shortly after, leaving no time to attest to the details of her use. Her husband and daughter testified to recognizing the J&J label on the powder she used, but admitted that they couldn’t remember specific details of its packaging.
In an attempt to have the mesothelioma claim dismissed, Johnson and Johnson has filed several objections, largely claiming that the case was time-barred or legally deficient. The court has rejected nearly all of these objections, allowing the widower’s claim to proceed. Most recently, the company has attempted to block testimony from expert witnesses prepared to testify on the grieving family’s behalf.
J&J Motions to Dismiss Mesothelioma Widower’s Expert Witnesses Denied
Chief Judge Lance Walker of the U.S. District Court of Maine denied J&J’s motion to exclude pathologist Dr. John Godleski, who found talc particles but no detectable asbestos in Cartwright’s lung tissue. The court ruled that Godleski could still testify that asbestos-contaminated talc likely caused her mesothelioma. The company’s effort to exclude testimony from geologist Sean Fitzgerald, whose testing found asbestos in several vintage bottles of the powder, was also denied, and statistician Dr. David Madigan will also be allowed to present probability calculations regarding asbestos contamination rates.
In addition to allowing the plaintiff’s witnesses to provide testimony, the judge also granted the widower’s request to prevent Johnson & Johnson’s defense experts from testifying that Ms. Cartwright’s mesothelioma was attributable to workplace exposure, agreeing with the plaintiffs that the evidentiary record did not support that conclusion. The judge also approved video depositions of two out-of-district witnesses for trial use.
The case, including the widower’s pursuit of punitive damages, will soon proceed to a jury. 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.
