While there are many lawsuits filed against manufacturers and distributors of asbestos-contaminated talc products, there has been the lingering question of whether or not retailers who sold these products should be held responsible for the damage done to those who contracted malignant mesothelioma. Now, according to a recent decision by the Supreme Court of New York County, indemnification is not automatically assumed. Retailers are not automatically eligible to have claims against them dismissed based on gaps in proof provided by the victim.
For decades, manufacturers and retailers of talc-based products have allegedly known about their products’ risk of contamination by asbestos, a dangerous substance that has been linked to ovarian cancer, endometrial ovarian cancer, mesothelioma and other dangerous illnesses.
Despite warnings, FDA recalls, and multiple lawsuits, talc manufacturers and retailers have continued to produce and sell talc-based products, potentially posing great risk to thousands of consumers.
The case that raised the question of retail indemnification was filed by the family of a woman who used a Johnson & Johnson talcum powder product that her survivors claimed was contaminated by asbestos. They blamed it for her death from malignant mesothelioma and filed suit against all the companies involved in the manufacturing and delivery of the product, seeking compensation for her expenses and her suffering, and named the retailer as well in the suit. The retailer filed a motion for summary judgment, asking the court to dismiss the claims against them based on the mesothelioma victim’s family not yet having proven that the product they sold had contained asbestos.
The New York Supreme Court did not agree and the retailer has the potential to be responsible for the damages suffered by the plaintiff.
Contact the Ovarian Cancer Lawyers at Nass Cancelliere Today
If you or a loved one has been diagnosed with ovarian cancer as a result of exposure to asbestos contaminated talc, contact the experienced attorneys at Nass Cancelliere. For more than 35 years, the Philadelphia-based law firm of NASS CANCELLIERE has represented 4,000 people who have contracted MESOTHELIOMA and other forms of asbestos-related illness. Our attorneys have tried over 1,000 cases throughout Pennsylvania and New Jersey and we have collected over $500 million for our clients. Learn more by calling 215-546-8200 to speak with an attorney.
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