Jerry Kudenov, et al. vs. Carborundum Grinding Wheel Company, et al

Case Background

On November 21, 2023, Plaintiff Jerry Kudenov and Kathryn Kudenovfiled a Mesothelioma lawsuit in the California State, Superior Court of Los Angeles County (Case number: 23STCV28807). Judge Laura A. Seigle presided over the case.

Cause

Jerry Kudenov experienced extensive asbestos exposure from the mid-1950s to 2017 through various sources. He was exposed to asbestos-containing automotive and construction products while helping his father, William Kudenov Jr. As a student and research scientist at universities like UC San Diego and University of Alaska Anchorage, Kudenov regularly used asbestos-containing lab equipment. Additionally, he used Johnson & Johnson's talc-based Baby Powder from the 1970s to 1990s, which allegedly contained asbestos. By the mid-1970s, Johnson & Johnson knew that their talc sources in Italy and Vermont were contaminated with chrysotile and amphibole asbestos. Multiple independent entities, including the FDA, found asbestos in Johnson & Johnson's finished talc products. The company used insufficient testing methods to detect asbestos, despite recommendations for more precise techniques. They failed to disclose the asbestos hazards on their product labels, instead claiming the powder was "Clinically Proven" safe. The defendants manufactured, sold, and distributed these asbestos-containing products without adequate warnings about the health risks. They allegedly knew about the dangers of asbestos exposure since at least 1932 but failed to inform consumers and workers.

Injuries

On March 17, 2023, Jerry Kudenov was diagnosed with mesothelioma, a life-threatening and likely terminal cancer caused by asbestos exposure. Mesothelioma is a progressive lung disease resulting from cumulative inhalation of asbestos fibers over time without noticeable trauma. Kudenov's injuries left him unable to fulfill his normal responsibilities as a spouse. While the exact nature of his asbestos-related illness is not specified in all parts of the complaint, the diagnosis of mesothelioma is clearly stated.

Damages

The plaintiffs sought general damages, special damages, medical expenses, lost income, punitive damages, and other relief as determined by the court in a Mesothelioma lawsuit.

Key Arguments and Proceedings

Lega