Monthly Archives: September 2018

Colgate-Palmolive Settles Talcum Powder Asbestos Cancer Lawsuit

Personal care products company Colgate-Palmolive recently reached a settlement with a California man in a talcum powder asbestos cancer lawsuit on the verge of trial in state Superior Court. The terms of the settlement were not released in the case of the now 67-year-old man who claimed he developed his disease as a result of years of using talc-based products developed and sold by the defendant, which formerly did business as the Mennen Co. The two-sides resolved the case during a lunch break after spending several days selecting a jury for trial.

According to the mesothelioma cancer lawsuit, filed in Los Angeles County Superior Court, the plaintiff developed his mesothelioma cancer after decades of using asbestos-contaminated talcum powder products marketed by Colgate-Palmolive and Menen Co. The plaintiff claimed the defendant knew fully well about the asbestos contained in its Mennen Baby Powder but did nothing to warn consumers about the risks associated with exposure to the deadly carcinogen.

Mesothelioma is a rare form of cancer directly linked to asbestos exposure. The disease can take several decades to show symptoms, known as the latency period, and commonly affects the thin linings of tissue surrounding vital organs like the lungs, abdomen, and heart. Due to the long latency period, mesothelioma patients often have diminished treatment options which can complicate the prognosis of their condition. While research continues on searching for a cure for the disease, none exists at this time.

Colgate-Palmolive, which acquired Mennin Co. in 1992, argued in court papers that their talc-based products never contained asbestos and that there is no reliable scientific evidence linking such exposure to mesothelioma. While talcum powder companies often make such defense claims, lawsuits across the country have revealed these corporations knew full well that their products were contaminated with asbestos.

Talc and asbestos are both naturally occurring minerals often found in deposits adjacent to one another, which can lead to talc contamination if care is not taken to separate the two substances from one another. Although federal law has required talc to be asbestos-free for many decades now, plaintiffs in talcum powder asbestos lawsuits allege that independent testing shows the talc sourced for Johnson & Johnson products still contains asbestos to this day.

Across the country, thousands of individuals have filed talcum powder cancer lawsuits against pharmaceutical and cosmetics companies like Colgate-Palmolive and Johnson & Johnson, as well as talc suppliers like Imerys Talc. These lawsuits allege plaintiffs developed serious forms of cancer like mesothelioma and ovarian cancer as a result of the defendant’s knowingly producing a carcinogenic product. Recently, a New Jersey state jury handed down a $117 million verdict in favor of a plaintiff who claimed talcum powder caused his mesothelioma diagnosis.

Arizona Mesothelioma Lawyer

 If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.

 

 

 

California Appeals Court Issues Reversal to Allow Family to Pursue Damages in Mesothelioma Lawsuit

A California appeals court recently issued a ruling in an asbestos cancer lawsuit allowing the plaintiffs to have their case reheard and pursue additional damages which were improperly excluded from consideration by the trial court. The case is being brought by the seven surviving children of the deceased who passed away after a battle with mesothelioma which the plaintiffs claim was a direct result of exposure to asbestos-laden products sold by Pep Boys auto parts stores.

According to the mesothelioma cancer lawsuit, filed in Francisco City and County Superior Court, the plaintiff was a “do it yourselfer” who frequently performed his own work on his vehicle, including changing brake pads made with asbestos and sold by Pep Boys from the 1960s through the mid-1980s. Throughout the course of repairing and replacing his brakes, which included brushing brake dust from auto wheel drums, grinding or sanding brake shoes, handling core brake parts, and sweeping up brake dust, the victim inhaled friable asbestos dust.

As a result of decades of exposure to and inhaling asbestos fibers, the plaintiff developed mesothelioma and received a diagnosis for such in April 2010 and ultimately succumbed to the illness just three months later at the age of 75. In January 2011, the deceased’s adult children filed a mesothelioma lawsuit on his behalf against Pep Boys, claiming the company knowingly sold a dangerous product and was therefore responsible for the cancer diagnosis.

Mesothelioma is a rare and deadly form of lung cancer caused by exposure to asbestos. The mineral was once used in a variety of industrial and commercial applications but has been heavily regulated by the government since the 1970s. Still, thousands of people receive mesothelioma cancer diagnoses every year due to the disease’s long latency period.

In the lawsuit, the plaintiffs asked to be compensated for the loss of services the deceased would have otherwise provided when caring for the children’s’ sick mother. At trial, the judge hearing the case excluded taking those loss of services into consideration for award, which constituted the base of the appeal by the plaintiffs.

In their decision, the appellate court ruled that the trial judge erred in refusing to consider awarding compensation for the loss of home health care services to the deceased’s wife, determining those were economic damages. As a result of the appeals court ruling, the plaintiffs may now go back to the trial court to have their damages reconsidered to include the value of the loss of household services the deceased would have provided.

Arizona Mesothelioma Lawyer

 If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.