Facts

Pui Fong received a diagnosis for mesothelioma after a radiology scan revealed fluid in the right side of her chest. Plaintiff filed suit against Johnson & Johnson, Johnson & Johnson Consumer Inc., Imerys Talc America Inc., Imerys USA Inc., Imerys Talc Vermont Inc, Cyprus Amax Minerals Co and Cyprus Mines Corp. Fong's case was coordinated with similar cases around the world and joined in Los Angeles County Superior Court. Imerys Talc America Inc., Imerys USA Inc., Imerys Talc Vermont Inc, Cyprus Amax Minerals Co and Cyprus Mines Corp. were dismissed from the case and it moved to trial against Johnson & Johnson and its affiliate only.

PLAINTIFFS' CONTENTIONS: Fong recalled being exposed to Johnson's Baby Powder as a child and new mother and claimed the product was defective. Plaintiffs contended that defendants did not provide warnings on the defective talc powder products that disclosed the hazards of asbestos. Plaintiffs also contended that defendants knew that the sources in Arizona and Vermont that was used to mine the talc for the products contained asbestos. Plaintiffs further contended that defendants could have replaced the tainted talc with a product like cornstarch but refused to and thereby failed to adequately safeguard its consumers.

DEFENDANTS' CONTENTIONS: Defendants claimed the product was safe and did not contain asbestos. Defense argued that plaintiff had lived in Hong Kong in her youth and at the time asbestos was widely used in the country.

Damages

Plaintiff's husband filed a derivative claim for loss of consortium.

Injuries

Fong suffered from mesothelioma and endured chemotherapy and radiation therapy. Fong also underwent surgery to remove the linings in her lungs.

Result

The jury rendered a defense verdict.

Other Information

No. JCCP4674