Despite Johnson & Johnson and Pecos River Talc’s legal pleading, a federal court is allowing nearly all of widower Andrew Curtin’s mesothelioma wrongful death claim to proceed. His lawsuit blames the company for the death of his wife, Cynthia Cartwright, alleging that her lifelong use of J&J baby powder exposed her to asbestos.
Mesothelioma Victim Used Baby Powder Daily in Shoes
There is no argument between Johnson & Johnson and Mr. Curtin about whether his wife had mesothelioma. She was diagnosed in February 2017 and died from the asbestos-related cancer just two months later in April 2017. When she was diagnosed, the couple found that the only asbestos exposure she could have experienced came from her decades of using Johnson & Johnson’s baby powder in her shoes, from a few times weekly during cold seasons to every day during warm weather. Curtin filed a mesothelioma lawsuit against the company and its subsidiary in April 2024, seven years after her death.
Both the mesothelioma victim’s widower and her daughter testified to having seen the J&J label on powder that Cartwright had used, though they acknowledged that they didn’t remember the bottles’ packaging saying “PUREST PROTECTION” on the packaging, or her expressing a specific preference for J&J baby powder. She died before the mesothelioma lawsuit was filed, and as a result there was no deposition testimony directly from her.
Johnson & Johnson Challenges Mesothelioma Lawsuit
The company filed a motion to have parts of the case dismissed, arguing that some required elements of mesothelioma claims had not been met and that other aspects of the claim were time-barred by statutes of limitations. The court ruled against J&J on all but the negligent misrepresentation claim, which they dismissed because Maine law limits that particular type of claim to commercial situations rather than personal injury from products.
While the court acknowledged that survival claims in mesothelioma wrongful death claims have stricter statute of limitations rules, it allowed the family’s claim to proceed for three reasons: the judges ruled that they were derivative of other aspects of the lawsuit; that the accusation of fraudulent concealment by the company could extend the deadline; and they agreed that tge factual questions that had been raised made summary judgment inappropriate. They also ruled that the evidence of the company’s mass marketing that the family had introduced could create warranties and misrepresentations, which was another reason the claims could go to trial.
Potential for Punitive Damages in Mesothelioma Wrongful Death Claim
In its ruling, the court also noted that, because there were underlying mesothelioma liability claims in the case, the company’s conduct could be viewed as having been reckless or willfully indifferent to safety. This creates a genuine question of whether punitive damages should be assigned if J&J is found liable for Cartwright’s death, and this is something for a jury to decide.
If you or someone you love has been diagnosed with mesothelioma and you need information on the resources available to you, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
