When Louisiana resident and mesothelioma victim Michael Simoneaux added two well-known talc companies as defendants in the asbestos claim he’d filed against his former employers, he based his claim against them on charges of conspiracy. Both Johnson & Johnson and Mennen Company filed a motion to have the conspiracy claim dismissed, but Judge Jay C. Zainey of the U.S. District Court for the Eastern District of Louisiana denied their petition.
Conspiracy Charge Filed in Mesothelioma Claim
After Mr. Simoneaux was diagnosed with malignant mesothelioma, he filed a claim against his former employers. He subsequently incorporated both Mennen and Johnson and Johnson, saying that he had used both Mennen Baby Magic and Johnson & Johnson Baby Powder from the 1960s until the 2000s. Besides suing for negligence, strict liability, and product liability, he also filed civil conspiracy charges and sought punitive damages.
The judge hearing the case agreed with the talc companies that the mesothelioma claim did not meet Louisiana’s standards for punitive damages, but the claim of conspiracy evoked a different conclusion. While the defendants were correct in stating that the state’s civil conspiracy statute required the victim to plead “with particularity the conspiracy as well as the overt acts,” Judge Zainey noted that they had too broadly interpreted the requirement to mean that defendants couldn’t be grouped together.
Mesothelioma Victim’s Conspiracy Charge Against Talc Companies to Move Forward
Mr. Simoneaux’s conspiracy claim referred to the “talc defendants” separate and apart from other named defendants in the case and asserted that his mesothelioma was the result of “overt acts in furtherance of the conspiracy to willfully misrepresent and suppress the truth of the alleged risks of their talc products.” The judge noted the specificity of citing withholding, suppressing, and concealing medical and scientific data, editing and deleting portions of scientific papers, instituting a defense strategy to protect talc from being classified as a carcinogen, and disseminating medical and scientific data and test reports containing false information.
The judge concluded that because the mesothelioma victim had described the overt acts in furtherance of the alleged conspiracy, including specific dates, named the members of the conspiracy, and claimed that he “relied in good faith” upon the company’s misrepresentations and omissions, he met the requirements for a civil conspiracy claim.
If you or someone you love believes your malignant mesothelioma was caused by exposure to talc products, the Patient Advocates can help. Contact us today at 1-800-692-8608 to learn how.
