A New York state jury returned a $7 million verdict last week, on behalf of a Long Island NY family whose relative died from asbestos cancer from using cosmetic talcum powder that was tainted with asbestos in the 1960s and 1970s.
This was the first verdict in New York state for mesothelioma related to contaminated talcum powder used as a personal hygiene product, so there could be more cases like this going to trial in the future.
The lawsuit involved Whitaker Clark and Daniels, which was a talc, minerals and chemical company that supplied talcum powder used in many consumer products, such as Desert Flower dusting powder and Old Spice talcum powder.
The plaintiff, who died before the trial began, used talcum powder every day for decades, and she was exposed to high levels of asbestos.
The trial took six weeks in New York State Supreme Court, and the jury decided unanimously against Whitaker Clark and Daniels.
Plaintiff's counsel after the verdict noted that Whitaker Clark and Daniels was negligent in failing consumers that talcum powder contained asbestos, and that the carcinogen was not removed during manufacturing. Still, the company never placed any kind of warning on the products.
The defense argued during the trial that talcum powder did not cause the woman’s asbestos cancer; rather they alleged that exposure to other products caused the deadly cancer.
As mesothelioma attorneys in Virginia and North Carolina, we are very familiar with how large corporations will attempt to duck out of their financial obligations by denying that they are responsible for asbestos cancer in innocent people.
Our asbestos cancer law firm is highly experienced in winning large settlements and verdicts in these cases in the railroad industry. Over the years, our firm has found very effective ways to develop damning evidence that shows how railroad asbestos led to serious health problems for former workers. We use expert witnesses who have vast knowledge of the railroad industry. Their testimony often shows how railroads knew that the asbestos was dangerous yet they failed to remove it from trains and equipment.In short, we have handled many complicated mesothelioma cases for railroad workers whose lives were devastated by asbestos cancer, and we know how to make the best arguments so that our clients do well