South Carolina J & J Baby Powder-Mesothelioma Case Ends in Mistrial

A South Carolina judge declared a mistrial Friday in a high-stakes case blaming asbestos-contaminated Johnson & Johnson Baby Powder for a woman’s mesothelioma. Jurors failed to reach a unanimous decision in the case of Bertila Boyd-Bostic, who was diagnosed with pericardial mesothelioma at the age of 30 and died 15 months later. Bostic’s husband, Antoine Bostic, sued Johnson & Johnson, talc supplier Imerys Talc America and drug store chain Rite Aid, alleging his wife’s death was caused by years of asbestos exposure from inhaling J&J baby powder. The 12-member jury could only reach a unanimous verdict for Rite Aid, which they found not liable for damages. “We do not know at this time how this matter will be resolved, but be consoled by the knowledge that even though the verdict cannot be reached, you have helped move this case forward to resolution,” Judge Jean Toal told the jury after declaring a mistrial. “We can’t always agree about things like this, and this is a tough one, because there’s a lot of conflicting evidence on every point.” Lawyers for Bostic plan to retry the case as soon as possible. The evidence, including a recorded deposition form Boyd-Bostic, will be presented in front of a new jury at an unscheduled date. “We continue to believe that the daily use of talcum powder on Bertila from birth led to her death,” lawyers for Boyd-Bostic said in a statement. “She ultimately wanted to share her story with others through her suit....
Source: Asbestos and Mesothelioma News - Category: Environmental Health Authors: Source Type: news