Anna Buczynski died of malignant mesothelioma after years of laundering her husband’s work clothes. Her family has filed a personal injury lawsuit seeking compensation from the many companies they blame for failing to warn of the dangers of the toxic material. Since the case was filed, many of the companies named in the suit have tried to have the case against them dismissed. The Donald Durham Company recently asked the court to dismiss the action by arguing that the family had failed to establish causation, and Vanderbilt Minerals joined Durham in its motion. Despite their arguments, the judge hearing the case allowed it to move forward.
Asbestos Companies Deny Product’s Role in Woman’s Mesothelioma
The two companies seeking dismissal from the mesothelioma lawsuit are connected by their business relationship: Vanderbilt Mineral’s talc is a component of Donald Durham Company’s water putty, which Mrs. Buczynski’s husband used in his daily work. The two companies submitted testimony from three expert witnesses asserting that no asbestiform amphiboles were found in Durham’s putty during testing and that rather than asbestos fibers being released into the air following its use, it was amphibole cleavage fragments that were released, and that they are not as toxic as asbestos.
In response, the mesothelioma victim’s attorneys offered the opinions of four expert witnesses who argued that cleavage fragments are indistinguishable from asbestos and that Vanderbilt talc contained asbestos. They also testified that a test of the putty Mr. Buczynski used revealed a significant release of asbestos fibers and that it would have adhered to his clothing, which the victim laundered.
Judge Denies Mesothelioma Defendants’ Petition
In his review of the case and the petition from the mesothelioma defendants, Justice Adam Silvera of the Supreme Court of New York County denied the petition to dismiss the case, noting that a reasonable juror could hear the testimony and decide that the product was a contributing cause to Mrs. Buczynski’s illness and death. He also declined to dismiss the victim’s family’s plea for punitive damages, noting that Vanderbilt was on notice of its contaminated talc but failed to take action to protect people.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 to learn more.
