UPDATE:
The trial has been moved from 1/22/18 to 1/29/18 due to an evidentiary dispute between the two sides.
While the Plaintiff claims that his only exposure to asbestos was from Johnson & Johnson’s baby powder, the defendant claims that they have a tissue sample showing a type of asbestos that is associated with other commercial products.
(1/25/18).
Background
In 2016, yet another lawsuit was filed alleging that its plaintiff developed mesothelioma as a result of exposure to asbestos-contaminated talcum powder products. Similar lawsuits have been filed across the country in the past five years.
This particular lawsuit was filed in New Jersey, specifically, Middlesex County Superior Court, and concerns plaintiffs Stephen Lanzo III and his wife, Kendra Lanzo. The Defendants in this lawsuit are listed below:
- Cyprus Amax Minerals Company
- Cyprus Mineral Co.
- Imerys Talc America
- Johnson & Johnson
- Whittaker Clark & Daniels
Judge Ana Viscomi will preside over the case, Stephen Lanzo III and Kendra Lanzo v. Cyprus Amax Minerals Co., et al., and opening arguments are scheduled for today, January 22, 2018.
Facts
Stephen Lanzo was diagnosed with mesothelioma on July 27, 2016, which he believes was caused by his exposure to asbestos in the talcum powder products he used by Johnson & Johnson.
According to the Complaint, Lanzo was “frequently exposed to asbestos-containing talc powder products” sold by Johnson & Johnson “since his birth,” which “generated dust and exposed him to respirable asbestos fibers.”
Of note, asbestos exposure is the primary cause of mesothelioma development. While Johnson & Johnson’s attorneys successfully argued that cancer radiation treatments were the cause of a different plaintiff’s mesothelioma in a separate lawsuit with similar claims, such a scenario does not appear to apply in Lanzo’s case.
Allegations
According to the Complaint, the Defendants should be held responsible for the following actions:
- Marketing and selling “an ultra-hazardous product”
- Failing to warn the general public about “the dangers of asbestos exposure”
- Withholding information from the public concerning:
- “known hazards associated with the use of and exposure to talc, including asbestos-containing tale and asbestos products”
- “the fact that asbestos fiber inhalation could be fatal”
- Spreading “false product safety information”
We will continue to monitor the legal literature concerning asbestos-contaminated talc cases in general, and Stephen Lanzo III and Kendra Lanzo v. Cyprus Amax Minerals Co., et al. in particular.
Written by: Heather Helmendach, Legal Assistant
Law Offices of Thomas J. Lamb, P.A.
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