In 2018, Victoria Pawlowski was diagnosed with peritoneal mesothelioma. She blamed asbestos in talc products she’d used, and filed suit in 2021 against Avon Products, Estee Lauder, l’Oreal, and other cosmetic companies. Estee Lauder filed a motion to dismiss the complaint, arguing that the filing was outside the statute of limitations. Justice Adam Silvera of the Supreme Court of New York County denied their petition, pointing to the date of her confirmed diagnosis and the tolling of the statute of limitations imposed by New York’s governor during the COVID-19 crisis.
Cosmetic Company’s Petition for Dismissal of Mesothelioma Claim Denied
New York has a three-year statute of limitations for actions to recover damages for personal injuries like malignant mesothelioma: this means that people must file claims by three years from the date of discovery of the injury by the plaintiff or from the date when the injury should have been discovered. Mrs. Pawlowski underwent laparoscopic surgery due to an ectopic pregnancy in November 2017, and at that time, a nodule was removed. It was later identified as peritoneal mesothelioma, and she filed her lawsuit in July 2021.
One of the defendants named in the mesothelioma lawsuit, Estee Lauder, argued that she was aware of her mesothelioma diagnosis by January or February 2018 based on doctors’ reports. They also argued that New York’s tolling of the statute of limitations does not apply to her claim because her attorney filed other asbestos cases during that time, including against Estee Lauder.
Mesothelioma Victim Details Diagnosis Journey, while Judge Clarifies Statute of Limitations Tolling
In defending her claim, Mrs. Palowski asserts that her mesothelioma diagnosis was not confirmed until February 2019, or at the earliest, November 2018. Her attorneys offered medical records showing that the nodule was too isolated and inconsequential in November 2018 to count as the time of her diagnosis because it had not been confirmed, and she had no symptoms. They showed that at that time, she was offered multiple possible diagnoses, and it wasn’t until January 2018 that doctors informed her of her possible mesothelioma diagnosis and sent the nodule out for further testing.
Noting the evidence provided about the victim’s mesothelioma diagnosis, Justice Silvera found Estee Lauder’s argument about the tolling of the statute of limitations meritless, as multiple New York courts have upheld its applicability. He said that the toll ended when the Executive Order was signed on November 3, 2020, and an additional 228 days were added to the end of the limitations period for plaintiffs to bring their claim. The court found that in Mrs. Pawlowski’s case, the period began to run in January 2018 and would have expired in January 2021, but because of the additional 228 days, the deadline to file was August 26, 2021, more than a month after she filed.
If you or someone you love has been diagnosed with malignant mesothelioma, a knowledgeable asbestos attorney will be a powerful resource. For information on how the Patient Advocates at Mesothelioma.net can help, call us today at 1-800-692-8608.
