A New Jersey appeals court has reopened a case linking Scotts Fertilizer to mesothelioma. In 2014 Scotts secured a summary judgment dismissing the asbestos lawsuit. The plaintiff, Brandecker claimed to have used Scotts Turf Builder fertilizer twice a year between 1967 and 1980. From 1966 to 1980 Scotts made its fertilizer with vermiculite asbestos from the infamous Libby mine in Montana. The Libby mine is now a superfund site and was the first place that the Environmental Protection Agency declared a public health emergency.
The decision to reinstate the case came after it was revealed that Scotts had 24 vintage samples of the fertilizer that wasn't handed over to the Plaintiff's attorneys during discovery. After the case was dismissed in 2014, a new case against Scotts in 2015 for the same product revealed that the samples existed.
In light of the new evidence or perhaps even a fraudulent concealment depending on why the samples weren't produced in the first place – the court has agreed to rehear the case. Since the original dismissal, Brandecker has passed away but the appeals court will allow the suit to continue as a wrongful death on behalf of Brandecker's Estate.
Check out the full article on Legal Scoops.
The Paul Law Firm advocates for victims of asbestos-related diseases. If you or a loved one is suffering from mesothelioma, call the Paul Law Firm. With over 2.5 billion dollars collected for victims of asbestos exposure, we have the knowledge and the experience to fight for you. We also understand that fighting doesn't just happen in the courtroom. It also happens in a lab where we are fighting for a cure. Check out the Mesothelioma Research Foundation of America here.
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