Case details

Asbestos exposure not caused by baby powder, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
lung cancer, mesothelioma, pleural plaques cancer
FACTS
In 2017, plaintiff George Crudge, 64, was diagnosed with pleural mesothelioma, which is an aggressive, incurable cancer that develops on the lining of the lungs and that often stems from exposure to asbestos. Crudge claimed that he was exposed to asbestos from Johnson’s Baby Powder and Clubman talc powder, as well as from automobile brakes during a job working in an auto shop one summer. Crudge suedthe manufacturer of Johnson’s Baby Powder, Johnson & Johnson; its affiliate, Johnson & Johnson Consumer Inc.; and the companies that mined and supplied talc to the Johnson & Johnson entities, Imerys Talc America Inc., Cyprus Amax Minerals Co. and Cypress Industrial Minerals Co. In addition, Crudge sued various other companies that were believed to have manufactured, distributed and/or worked with asbestos-containing products to which he was allegedly exposed. Crudge alleged that the defendants were negligent in the manufacturing and/or design of their respective products, and in failing to provide warnings that disclosed the hazards of asbestos exposure in their respective products. Crudge’s complaint was coordinated with hundreds of other cases that were pending in different counties that shared common questions of fact or law regarding direct and indirect exposure, and involved many of the same defendants. The cases were joined in one court, the Los Angeles County Superior Court. Many of those cases were put on hold while awaiting a decision regarding an appellate case involving indirect exposure. Several of the defendants let out of the case prior to trial, and Crudge’s complaint ultimately proceeded to trial against the Johnson & Johnson defendants only. Plaintiff’s counsel contended that while Clubman talc powder was used on Crudge after getting haircuts, Crudge had used Johnson & Johnson’s baby powder for more than 30 years. Counsel argued that Johnson & Johnson knew that there was asbestos in its talc for decades, but that it did not do enough to warn its consumers about the presence of asbestos in its products or warn of the dangers of being exposed to asbestos. Defense counsel denied that Crudge was exposed to any asbestos in Johnson & Johnson products. Instead, counsel argued that Crudge was likely exposed to asbestos while traveling aboard military transport ships that used to transport asbestos and while working on various construction jobs., Crudge was diagnosed with pleural mesothelioma in 2017. Crudge sought recovery of medical costs and damages for her past and future pain and suffering. His wife, Shara Crudge, presented a derivative claim seeking recovery for her loss of consortium.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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