Products Liability Law Reporter

Gail Koretoff was born with severe mental and emotional disabilities and required assistance with all activities of daily living. When she started to develop skin rashes, her mother began treating them with talcum powder, particularly Johnson’s baby powder and Shower to Shower, on a regular basis. Koretoff continued to use talcum powder regularly for several decades. At age 33, she was diagnosed as having malignant pleural mesothelioma and pleural plaques. She underwent surgery to remove her pleura and as much of the tumor as possible; however, her cancer is incurable.

Koretoff, through her guardian ad litem, sued Johnson & Johnson, Johnson & Johnson Consumer, Inc., and others, alleging negligence and strict liability. The plaintiff asserted that she had been exposed to asbestos through her use of baby and body powder talc products, which, the plaintiff asserted, were inadequately tested. The plaintiff argued that the asbestos-containing talcs, sourced primarily from Vermont and China, had exposed her to toxic levels of asbestos, resulting in mesothelioma.

The defense argued that, among other things, the plaintiff suffered from spontaneous mesothelioma.

The parties resolved the case during trial.

Citation: Koretoff v. Arkema, Inc., No. JCCP No. 4674 (Cal. Super. Ct. Los Angeles Cnty. Mar. 2019).

Plaintiff counsel: AAJ members Stuart Purdy and Marissa Langhoff, both of Long Beach, Calif.; and AAJ member Jeffrey Simon, Dallas.