Three years after her husband died of malignant mesothelioma, Deborah Johnson has won a major decision in her pursuit of justice. In doing so, the widow also set an important standard regarding manufacturers’ duty to consumers, extending that duty to include the material in which products are packaged and shipped.
Artist’s Mesothelioma Blamed on Asbestos-Contaminated Packaging Materials
Deborah Johnson’s original mesothelioma lawsuit was filed in 2018, one year after her husband Bruce, a ceramics artist, was diagnosed with the rare, asbestos-related form of cancer. Their claim against The Edward Orton Jr. Ceramic Foundation asserted that the pyrometric cones that her husband purchased from the company were packed and shipped in pure vermiculite to prevent breakage. That vermiculite was heavily contaminated with asbestos, and led to her husband’s illness and eventual death.
According to evidence from the original mesothelioma claim, Orton purchased vermiculite from 1963 to 1975 and from 1979 to 1981 from the infamous W.R. Grace & Company mine. The ceramics company claimed that they did not know about the dangers of vermiculite until 1981, and the trial court granted the company’s petition for summary judgment. They ruled that they could not be held responsible because they did not manufacture the carcinogenic material.
Appeals Court Overturns Lower Court’s Mesothelioma Ruling
Mrs. Johnson appealed the lower court’s decision to the Seventh Circuit, which agreed that the ceramics company must face a jury in the mesothelioma claim. They wrote that the lower court had been wrong in its decision, saying that even though Orton claimed it did not have “actual knowledge” of the dangers of their packing material until September of 1981, the “state of human knowledge” regarding asbestos’ danger made it highly probable that they were aware of the risk posed to their customers.
The court also noted that manufacturers’ duty of care extends beyond the products that it sells and includes the steps that it takes to ensure that its products are safely transported. They reversed the lower court’s decision, making way for the widow to pursue justice on behalf of her late husband.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
