A New Jersey man is seeking compensation after the man developed mesothelioma. The Wayne, New Jersey resident claimed his twice-yearly use of Scotts Turf Builder fertilizer from 1967 to 1980 caused him to have terminal cancer. The court asked Scotts to submit a sample of their fertilizer from that time period.
About Mesothelioma
Asbestos once filled countless U.S. homes and businesses in the form of insulation and heat-protecting materials. Throughout the construction boom following WWII, asbestos was a key element in thousands of industrial and household products, including drywall, wiring, glues and adhesives, ceiling tiles, cement and shingles.
This is where most people expect to find asbestos. This is why it was surprising that the New Jersey resident developed mesothelioma.
Mesothelioma from Lawn Fertilizer
A report from the National Asbestos Exposure Review found that the Scotts Company used vermiculite in its consumer products as a filler and carrier until 2001. Between 1967 and 1980, the company used the mineral, which was mined in Libby, Montana. The mine contained deadly asbestos. The company mined more than 400,000 tons of the mineral from the Libbey mine during that time period. This is the same time that the New Jersey man used the lawn fertilizer.
For the trial, the plaintiff’s lawyer asked the company to provide samples of its fertilizer products that were manufactured with vermiculite in the mine. The company lied and said it could not determine the year of the sample. A few months later, undercover reports revealed that the company has 26 samples of its fertilizer manufactured before 1980. These come from the vermiculite ore obtained from the Montana mine.
Scotts Major Vermiculite Buyer
According to EPA records, the Scotts facility in Marysville was the single largest U.S. consumer of vermiculite ore from the Libby mines. The EPA and the International Agency for Research on Cancer classify all forms of asbestos as carcinogenic. Inhaling or ingesting microscopic asbestos fibers can cause serious health conditions such as asbestosis and mesothelioma. Most asbestos-related diseases take decades to develop after initial asbestos exposure. This New Jersey man developed mesothelioma in March 2012, approximately 45 years after he began using Scotts fertilizer.
Scotts used a process called exfoliation to heat and separate non-vermiculite materials from the vermiculite used in its fertilizer. A polymer resin, urea trionized the vermiculite. Scotts contends that even if asbestos fibers remained after exfoliation, the trionization process coated the vermiculite, making it safe. There is another case in California that insists this is not true.
Get Help with a Specialized Complex Litigation Attorney
A Complex Litigation attorney like those found at The Michael Brady Lynch Firm is critical when seeking help to cover your asbestos-related expenses. Identifying when and where asbestos exposure happened is crucial to your lawsuit. Experienced lawyers are familiar with companies that used asbestos and know which job sites had a significant amount of asbestos use. Also, they know which products contained high concentrations of the toxic mineral.
Also, consultations are completely free, confidential and have no obligation. The Michael Brady Lynch Firm has successfully represented thousands of consumers and recovered millions of dollars for their clients. Our team of attorneys has been recognized as some of the most experienced and successful in the country. Our award-winning staff is also sought after for our knowledge on complex litigation, scientific evidence development, negotiation strategies and trial tactics.
Most of all, our law office is resourceful and dedicated to pursuing any compensation you are due. Because of this, we have also received a high degree of peer recognition and professional achievement, such as inclusion on numerous Plaintiff Steering Committees. In fact, we will take whatever legal measures are necessary when fighting for your rights to damages.