In an unusual turn of events, a Louisiana court hearing a motion to dismiss allowed one count of a mesothelioma victim’s claim against Johnson & Johnson to continue, despite the victim not opposing the company’s motion to dismiss the charge.
Woman with Peritoneal Mesothelioma Blames Johnson & Johnson for Illness
Pamela Davis Lyle blames her years-long use and handling of asbestos-contaminated baby powder and cosmetic products, and secondary exposure to asbestos from her husband’s work clothes, for her peritoneal mesothelioma diagnosis. She filed suit in the Civil District Court for the Parish of Orleans against several companies, including Johnson & Johnson, and the case was removed to the United States District Court, Eastern District of Louisiana.
Ms. Lyle’s mesothelioma lawsuit against J&J claimed negligence, strict liability, and other violations, as well as unfair and deceptive acts under the Louisiana Unfair Trade Practices Act (LUPTA). Johnson & Johnson filed a motion to dismiss almost all the claims against them, and the victim did not oppose their filing. Still, the court’s protocol does not allow automatic grants of dismissal, and so all of the arguments were considered.
Despite Mesothelioma Victim’s Lack of Opposition, Court Denies Dismissal of Claim
Though Ms. Lyle did not file an objection in response to Johnson & Johnson’s call to dismiss her claim of unfair and deceptive acts under LUPTA, the court reviewed the defendant’s assertion that her claim was untimely, saying that the legal doctrine “contra non valentem” suspends or delays the start of a statute of limitations when a person couldn’t have pursued their legal claim due to circumstances beyond their control. In this case, the circumstance is the long latency period of mesothelioma.
The court also denied J&J’s argument that Ms. Lyle’s mesothelioma lawsuit failed to state a claim against it under LUPTA, agreeing with the woman’s allegation that the company had deliberately concealed the presence of asbestos, lied to the FDA about asbestos in its products, and misrepresented its safety to consumers in multiple ways. The court found her allegations sufficient to state a LUPTA claim, so both of the company’s motions to dismiss her LUPTA claims were denied.
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.
