Though talc companies continue to push back against claims that their products cause mesothelioma, victims continue to file lawsuits and continue winning in court. In the case of a California man whose suit named multiple defendants, a recent ruling saw a Los Angeles Superior Court judge deny a talcum powder manufacturer’s motion for summary judgment, allowing the man’s case to move forward to trial.
Mesothelioma Diagnosis Followed Decades of Powder Use
According to court documents, Antony Ward was diagnosed with mesothelioma after long-term use of talcum powder products. The suit he and his wife filed points to exposure beginning in 1987 and continuing until 2023. One of the named defendants, Premier Brands of America, Inc., filed a motion for summary judgment arguing that their case against it should be dismissed because the victim’s written responses to discovery questions didn’t specifically list its name. The company’s attorneys also asserted that his memory of dates and brands was too vague to
As is true of many legal processes, mesothelioma litigation relies heavily on procedural details and rules. In this case, the manufacturer argued that Ward’s “factually devoid” interrogatory answers meant he did not have evidence that connected his illness to its product. Under California law, a defendant can win summary judgment by showing a plaintiff can’t reasonably obtain the evidence needed to prove exposure and causation.
Mesothelioma Ruling Favors Patients Facing Broad Interrogatories
While the court acknowledged that vague answers to discovery questions can sometimes warrant a case being dismissed, in this case, the judge found that the interrogatories the manufacturer asked the victim to respond to were generic rather than specifically targeting evidence against that company. The court also noted that the manufacturer had only been added to the case about a month before Ward responded to those interrogatories, making it unreasonable to expect he would have had time to gather every relevant fact. Because the discovery requests weren’t tailored to company-specific evidence, the court ruled that the burden of proof never shifted to the victim, and the company’s motion was denied.
Mesothelioma Community Watches Ongoing Talc Litigation
Mesothelioma cases tied to talcum powder remain a significant area of asbestos litigation across the country. If you or someone you love has been diagnosed with mesothelioma and you think it may be tied to use of talcum powder products, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
