The vast majority of mesothelioma diagnoses are caused by exposure to asbestos, a naturally occurring mineral known to be the primary cause of a mesothelioma diagnosis. Over the years, efforts have been taken to strictly regulate and limit asbestos once its cancer-causing capability became an indisputable scientific fact.
Asbestos, however, can sometimes end up in other products, which can then expose individuals to asbestos and possibly cause a mesothelioma diagnosis. In recent months, this possibility is most notably present in the Johnson & Johnson litigation involving the multinational company’s talc powder products. A New Jersey couple, for example, was recently awarded $117 million by a New Jersey jury after successfully arguing that the husband’s inhalation of Johnson & Johnson’s talcum powder caused his mesothelioma diagnosis.
Interestingly, answering the question of whether lawn fertilizer can cause mesothelioma also hinges upon a recently revived New Jersey lawsuit.
Revived New Jersey Lawsuit Again Raises the Question of Whether Lawn Fertilizer Is Capable of Causing Mesothelioma
In 2018, a New Jersey appeals court chose to reopen a New Jersey lawsuit from 2012, which had argued unsuccessfully that a plaintiff’s use of Scotts Lawn Fertilizer caused his mesothelioma diagnosis. The lawsuit was originally filed in July of 2012, when the plaintiff claimed that using Scotts Turf Builder twice per year for more than a decade caused him to develop mesothelioma.
Approximately two years later, the case ended in a summary judgment in favor of Scotts, meaning the plaintiff’s lawsuit did not succeed. Now, however, the case has been reopened in light of newly discovered evidence that the New Jersey appellate court believes would "probably have changed the result" of the plaintiff’s lawsuit.
Newly Discovered Evidence Seems to Link Scotts Fertilizer to Mesothelioma
Regular readers of our mesothelioma blog here at Ledger Law may already be familiar with the infamous Libby mine, which was owned by WR Grace and Co. and produced approximately 80% of the world’s vermiculite at one time. However, the owners eventually took efforts to conceal knowledge that a deadly form of asbestos existed within the vermiculite deposits being mined. In the end, hundreds of miners and loved ones died because of this negligent exposure to asbestos.
You may well be wondering, at this point, what the Libby mine has to do with reopening a lawsuit concerning lawn fertilizer. Simply, recent reports from the National Asbestos Exposure Review discovered that Scotts Company relied on vermiculite for its consumer products until 2001, and more importantly, the company relied on the mineral that was mined in Libby between 1967 and 1980. The timeline of 1967 to 1980 matches the time that the plaintiff was using Scotts Turf Builder fertilizer.
During the trial that ended up in summary judgment, the plaintiff’s attorneys requested the company to provide fertilizer samples for products that relied on vermiculite. The company responded by saying a sample could be provided, albeit without the ability to determine the vermiculite’s production site. Months later, however, it was discovered that Scotts Company had vintage product samples that were thought to have been made with Libby’s vermiculite.
It remains to be seen what will come of the reinstatement of this years-old mesothelioma lawsuit, but the lawsuit is an important reminder of choosing a mesothelioma lawyer who is committed to representing your legal claim until deserved compensation is received. In some cases, it can be difficult to trace a mesothelioma diagnosis back to the point of a wrongful asbestos exposure that entitles you to compensation.
Talk to a Mesothelioma Attorney at Ledger Law Today
At The Ledger Law Firm, we use our national resources as an acclaimed mesothelioma law firm to get to the truth of when and where a possible asbestos exposure occurred. Once we can identify any and all responsible parties, we will pursue your right to financial compensation for a mesothelioma diagnosis that was caused by exposure to asbestos fibers.
Contact us online for a free case evaluation with a mesothelioma lawyer at Ledger Law today.
