The mesothelioma lawsuit filed by Patricia Schmitz against Johnson & Johnson’s Baby Powder continued in a California court room this week, with a pulmonologist brought in by the consumer giant claiming that the 61-year-old woman’s mesothelioma was not caused by exposure to asbestos: instead, he claims that it generated spontaneously. The same expert claimed that there is no causal relationship between ambient asbestos exposure and the terminal asbestos-related disease.
Malignant mesothelioma has been well established as being caused by exposure to asbestos, and there have been billions of dollars in compensation awarded to victims of asbestos exposure. Those dollars were a result of lawsuits filed against manufacturers whose products were contaminated with asbestos, but most of those were used in industrial settings. In recent years there have been challenging questions asked about whether consumer companies like Colgate Palmolive and Johnson & Johnson’s used asbestos-contaminated talc in their powder products, and if so, whether they were aware of the dangers that those products posed. Though the companies have argued against their liability, there has been significant evidence submitted pointing to their culpability, including internal memos discussing concerns about asbestos and how to protect the companies’ profits and reputation.
In the mesothelioma lawsuit filed by Mrs. Schmitz, both companies have hired expert witness Dr David Weill to discount her theory of where her illness arose. He and other witnesses have offered several different theories about where her illness came from, with all denying the companies’ role. Dr. Weill did admit on cross-examination that he almost always testified on behalf of companies, and makes approximately $1 million per year doing so.
If you have been diagnosed with malignant mesothelioma, ovarian cancer, or any other asbestos-related disease and you believe that your exposure to asbestos came from a talc-based product, we can help. Contact us at1-800-966-2244to learn more.