RESULTS: $1.75 Million Personal Injury Settlement [Confidential Terms].
DATE: 2024
ATTORNEY: Richard N. Shapiro and co-counsel.
STAFF: Paula S., Paralegal
WHAT HAPPENED:
Our client was a longstanding equestrian, and in connection with being an equestrian, she often used baby powder to dry her female genital area after every shower. However, when baby powder is used, some of the powder enters the air in the user’s immediate area, often at microscopic, invisible levels. This was something that she did daily for the better part of her life, and at age 70, she was diagnosed with mesothelioma, a terminal cancer that affects the lining of the lungs. Medical science has not found a cure for mesothelioma cancer, and most persons who contract this terrible cancer do not survive two years. The family initially believed there was a delayed medical diagnosis of our client’s cancerous condition and approached our law firm about a potential medical malpractice case.
We turned the initial attention to a different issue: where had she been exposed to asbestos because she never worked in any industrial setting or location where asbestos was known to be an inhalation risk. After reviewing her entire life history and not finding any obvious source of asbestos, we turned our attention to potential traces of asbestos in the baby powder that she used for the better part of her adult life. This involved extensive research and then teaming with another law firm on the issue.
LEGAL STRATEGIES:
Many parts of our legal strategy are confidential under a written agreement mandated by the settling parties and may not be included. For example, we can’t name the parties sued, provide details about any state or court, or describe how the court litigation unfolded.
What we can say is that the co-counsel that we engaged filed suit, and litigation commenced over several years. In advance of the trial date, a settlement was reached. Ultimately, our client consented to the major settlement.