News Summary
The South Carolina Supreme Court’s ruling against Atlas Turner marks a significant shift in mesothelioma lawsuits, reinforcing rights for victims of asbestos exposure. The court’s decision resolves jurisdictional issues and appoints a special receiver for Atlas Turner’s insurance assets, ensuring compensation for affected families. In a related case, a jury awarded $63.4 million to a victim of talc-related mesothelioma against Johnson & Johnson, further highlighting the growing accountability for corporations involved in asbestos-related claims.
South Carolina Supreme Court Ruling Marks Major Shift in Mesothelioma Lawsuits
In a significant ruling on May 21, 2025, the South Carolina Supreme Court made a landmark decision against the Canadian company Atlas Turner, reshaping the landscape for victims of mesothelioma connected to legacy asbestos exposure. The court’s judgment solidifies the rights of individuals suffering from this deadly cancer caused by past industrial practices.
The case originated when Donna Welch filed a wrongful death lawsuit against Atlas Turner after her husband, Melvin Welch, succumbed to mesothelioma in 2023. Melvin had worked at a plant in Greenwood, South Carolina, during the 1960s and 1970s, where *Atlas Turner’s* asbestos insulation products were reportedly used extensively.
Atlas Turner, established in 1907, is notorious for its production of asbestos-containing products. Initially, the company attempted to dismiss the lawsuit on jurisdictional grounds but later argued that Canadian laws prohibited it from participating fully in the legal process. The Supreme Court of South Carolina rejected these defenses outright, deeming Atlas Turner’s failure to engage with the court as “willful and intentional,” and determined that no foreign law could exempt it from adhering to U.S. court orders.
Default Judgment and Insurance Asset Management
This decisive ruling resulted in Atlas Turner being placed in default, leading to an automatic loss for the company. Furthermore, the court appointed a special receiver to oversee Atlas Turner’s insurance assets, a crucial move considering the role of insurance funds in providing compensations for victims exposed to asbestos. Many companies facing asbestos-related lawsuits have ceased operations, making these funds indispensable for affected families seeking justice.
Attorneys representing the Welch family pointed out that this ruling sets a precedent, clarifying that corporations can no longer evade accountability after profiting from U.S. activities. The case underscores the ongoing battle for accountability in the face of widespread asbestos exposure, which is responsible for causing mesothelioma, a cancer known for its long latency period of 20 to 60 years.
Physicians and researchers have long documented that inhaling asbestos fibers can lead to severe tissue damage and changes in DNA, ultimately culminating in the devastating diagnosis of mesothelioma and lung cancer. Given that there is no safe threshold for asbestos exposure, the implications of such exposure can be catastrophic, both medically and financially for families affected by this insidious disease.
Historic $63M Jury Award in Talc-Related Mesothelioma Case
Perry’s legal team argued that Johnson & Johnson has been aware of potential risks associated with its talc products for decades yet failed to disclose critical information to the public. Historical evidence indicates that the corporation was aware of possible asbestos contamination risks related to its talc products since the 1950s.
Despite the jury’s ruling, Johnson & Johnson maintains its position that their talc products do not contain asbestos and refutes any causal connection between their products and mesothelioma, suggesting that Perry’s condition might be related to exposure from brake pads instead. The company has indicated plans to appeal the verdict, claiming that judicial errors during the trial compromised their defense.
Widespread Litigation Against Johnson & Johnson
The ongoing legal turmoil surrounding Johnson & Johnson’s talcum powder illustrates a growing concern over the safety of such products, as the company faces more than 57,000 pending lawsuits. Amidst this atmosphere of public scrutiny, a proposed $6.475 billion settlement for ovarian cancer claims associated with their talc has surfaced, suggesting the litigation landscape is far from settled.
Those battling mesothelioma or similar asbestos-related diseases highlight the importance of adequate insurance funding, demonstrating a keen need for comprehensive compensation options for victims. As notable studies continue to reveal potential links between talcum powder use and various forms of cancer, public interest in these cases is likely to grow, demanding justice and accountability from major corporations.
The *Mesothelioma Center* remains committed to guiding patients and families through the complexities of these lawsuits, reinforcing the need for medically and scientifically credible resources as litigation persists against companies responsible for asbestos-related diseases.
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Additional Resources
- Asbestos.com: Court Ruling Marks Major Shift in Mesothelioma Lawsuits
- Asbestos.com: Jury Awards $63M in Mesothelioma Case Against J&J
- Drugwatch.com: Johnson & Johnson’s Baby Powder and Mesothelioma Trials
- Wikipedia: Mesothelioma
- Encyclopedia Britannica: Asbestos
