Husband Files $25M J&J Mesothelioma Wrongful Death Suit
Legislation & Litigation
Written by Travis Rodgers | Edited By Amy Edel
Andrew Curtin, of North Yarmouth, Maine, filed a lawsuit against Johnson & Johnson for $25 million in September 2024. Curtin’s wife, Cynthia Cartwright, was diagnosed with mesothelioma in 2017 and died 4 days after receiving her diagnosis. The suit claims she regularly used J&J’s talc-based baby powder and asbestos contamination of the talc caused her illness and death.
“As a direct and proximate result of Ms. Cartwright’s purchase, use and application of Defendant’s unreasonably dangerous and defective talcum powder and joint compound J&J products,” she inhaled and ingested asbestos, the suit states. J&J denies responsibility and motioned to move the lawsuit from state to federal court.
In December 2024, J&J responded to the mesothelioma lawsuit. The company stated the FDA has “primary and exclusive jurisdiction over the safety of cosmetic talc-containing products, and primary and exclusive jurisdiction to determine whether any warning must accompany cosmetic talc-containing products.”
J&J added the FDA had “ruled, on multiple occasions, that cosmetic grade talc is a safe substance when used as intended, and further ruled that manufacturers need not provide any warnings on, or in connection with the sale of, cosmetic grade talc-containing products.”
Court Reverses Decision Against J&J
Thousands of plaintiffs have sued J&J, claiming its talc-based products cause cancer. In December 2024, the Supreme Court of New York reversed a lower court’s April 2024 ruling against J&J following the company’s appeal.
Doctors diagnosed Corey Tippin with peritoneal mesothelioma in October 2020. Tippin claims his illness comes from using J&J’s baby powder and other talc-based products. In January 2021, Tippin sued J&J and other manufacturers of talc products.
The appellate court overturned the December 2024 decision after determining J&J presented substantial evidence, scientific studies and expert testimony showing their products couldn’t have caused Tippin’s deadly cancer. The court deemed Tippin’s evidence insufficient.
Decision Ahead for J&J’s $8.2 Billion Settlement Offer
The company is proposing a settlement offer of $8.2 billion to resolve many of its legal issues. The settlement plan includes a third attempt at J&J filing for bankruptcy. After deciding the company wasn’t in financial distress, a judge denied its previous attempts.
Filing for bankruptcy would close nearly all of the cases against the company. If approved, a subsidiary would take on J&J’s legal liabilities, a strategy known as the Texas Two-Step. A bankruptcy hearing is scheduled for February 18, 2025, to decide whether J&J’s proposal offer will be allowed to move forward. J&J stands by its claim that its products don’t cause cancer and aren’t contaminated with asbestos.
The lawsuits included in the settlement are ovarian cancer cases. Any remaining mesothelioma cases will be handled separately. Asbestos exposure is the primary cause of mesothelioma. It can also cause other asbestos-related diseases, including lung cancer, laryngeal cancer and COPD.
