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Mesothelioma Plaintiff's Charge Against Johnson & Johnson Survives Summary Judgment

Posted by Michael Throneberry | Jul 19, 2024

For purposes of this article, the mesothelioma plaintiff in this case will be referred to as A.J.

In a recent mesothelioma court case against Johnson & Johnson (J&J), a judge allowed a charge to survive summary judgment. A.J., the plaintiff in this case, believes Johnson & Johnson's talc powder products caused her epithelioid mesothelioma. A.J. filed a lawsuit against the giant pharmaceutical company and its subsidiary. In her lawsuit, A.J. accused the companies of defects in how the products were made. The claimant also accused the companies of failing to conform to an express warranty, failing to warn about the dangers of the product, and having flawed designs. Upon hearing the case, a district judge sided with J&J and said that the defendant had failed to provide enough proof to support one of her claims. However, the judge allowed the other claims to continue.

A.J. had regularly used Johnson & Johnson products on herself and her children. This led to her getting diagnosed with malignant epithelioid mesothelioma. Epithelioid mesothelioma is a subtype of mesothelioma cancer. This type of cancer is primarily caused by asbestos exposure. When someone gets exposed to asbestos, epithelial cells can mutate and become cancerous. Epithelioid mesothelioma cells often clump together and spread slower compared to other mesothelioma subtypes. Because epithelioid mesothelioma is the least aggressive of all cell types, it responds well to treatment.

In her lawsuit, A.J. first aimed to prove that the talc powder products had construction or composition problems. This required her to establish several things: that the defendant made the product, she suffered damage due to a characteristic of the product that made the product too dangerous, and the harm arose from using the product as anyone would expect. J&J asked that this claim be dismissed since A.J. did not have enough proof to support her claim. A.J. conceded that J&J was correct, and the judge dismissed that claim. However, A.J.'s claim that the company failed to conform to the express warranty stood.

A.J.'s claim that Johnson &Johnson failed to conform to the express warrant did well in court. To keep the claim going, the plaintiff had to prove that J&J had made an express warranty concerning their talcum powder products, which influenced her usage of the product. She had to show that the product did not match what was promised, and because of that, she suffered harm. The judge sided with the claimant that the giant pharmaceutical company had not just given a general opinion but had termed their product “pure” and “safe.” The judge agreed that A.J. had relied on the promise that the product was “pure” and “safe” when she used it. To support her claim, the plaintiff presented ads that showed the company's advertisements were not a “general opinion.”

Arizona Mesothelioma Lawyers

If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you and your family live a more comfortable life.

 

 

 

About the Author

Michael Throneberry

Attorney Michael Throneberry graduated from Purdue University with a Civil Engineering degree. He then served with the United States Army...

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