Lawsuits
Talcum Powder Lawsuits
One of the most recent discoveries regarding asbestos has focused on its presence in cosmetic products, and most notably in talcum powder. Studies have revealed that a number of people have been diagnosed with mesothelioma as a result of using talcum powder rather than from the more typical exposure from occupational settings or second-hand exposure. Those who face this diagnosis join the ranks of others exposed to this deadly disease. They face a debilitating terminal disease, as well as mounting medical expenses.
If you or someone you love has been diagnosed with mesothelioma or any other asbestos-related disease, you may be entitled to compensation from the asbestos companies. No matter what your mesothelioma stage, this compensation can come from filing a mesothelioma lawsuit or from filing a claim with the $30 billion asbestos trust funds. For more information on your rights and the reimbursement you may be able to receive, contact us today. We will send you a free Financial Compensation Packet, or put you in touch with one of our compassionate and experienced mesothelioma attorneys.
Talcum Powder and Asbestos
Though it often comes as a surprise that a cosmetic product like talcum powder contains asbestos, it makes perfect sense. Talc is a mineral that is often found in close proximity to asbestos. It is not unusual that two minerals found in proximity to one another would contaminate each other when they are mined, especially when an asbestos deposit may actually interweave with a talc deposit, and vice versa. Talc is traditionally used in several different popular consumer products, including chalk, ceramic, cosmetics, rubber, and talcum powder. It can even be found in some pharmaceuticals.
Lawsuit against Colgate-Palmolive
One of the earliest and most notable talcum powder lawsuits was filed against the consumer product manufacturer Colgate-Palmolive. The suit was filed by a woman in California in May of 2015 after she discovered that her daily 15-year use of “Cashmere Bouquet” was the cause of her mesothelioma. 73-year old Judith Winkel was awarded $13 million by a jury, who listened to arguments by Colgate Palmolive attorney Faith Gay, but who decided in Winkel’s favor. Gay had stated, “Cashmere Bouquet did not harm Mrs. Winkel. There was a clear absence of proof connecting any disease to our product.” But after two weeks of deliberation, the jury held the company 95% responsible.
Speaking of the verdict, Colgate-Palmolive spokesman Tom DiPiazza said, “Colgate was disappointed with the jury’s verdict. [Cashmere Bouquet] played no part in causing the plaintiff’s illness. In order to avoid devoting resources to continuing litigation through the appeals process, the parties have entered in a confidential settlement.”
By contrast, Mrs. Winkel’s attorney stated, “This is an example of the legal system exposing what a company should have been honest about 50 years ago. Judith Winkel only wanted a jury to hear the truth about this product and hopefully to help others who are similarly exposed.”
Those others apparently did hear, and have taken action. Despite Colgate-Palmolive’s continued insistence in the safety of their product, and their stated belief that “these cases are without merit and intend to challenge them vigorously”, there are currently over 23 talcum powder asbestos lawsuits pending throughout the country, including in the states of New Jersey, New York, California, Illinois, South Carolina, Maryland, Washington, D.C., Delaware, and Wisconsin.
Talcum Powder Asbestos Can Create Second Hand Exposure Too
In another lawsuit filed in 2016 against Colgate-Palmolive, as well as Coty, Metropolitan Life Insurance Company, Cyprus Amax Minerals, Pfizer, Inc., and Whittaker Clark & Daniels, Inc., a Wisconsin man and his wife are claiming that exposure to his mother’s talcum powder caused his mesothelioma. Stephen P. Schultz and Kimberly Schultz have indicated that his mother used Cashmere Bouquet daily, in much the same way that Mrs. Winkel did. Her use dated back to the 1960s and 70s, when the powder contained asbestos. They also point to her use of Coty Airspun Face Powder, which continued into the 1980s. Schultz claims that his diagnosis has caused him mental and physical anguish, as well as loss of earnings capacity, loss of enjoyment of life, a permanent disability, and continuing medical expenses. His wife cites deprival of spousal support and household support, pecuniary benefits, and mental stress.
Talc Suppliers Held Responsible for Asbestos Exposure
In addition to naming consumer products manufacturers, those who have been diagnosed with mesothelioma and other asbestos-related diseases have also filed suit against talc suppliers. A New Jersey woman successfully sued Whittaker, Clark & Daniels in 2013 for her second-hand exposure to asbestos. She was awarded $2 million after proving to a jury that her exposure came from the work clothes that her father wore home from his job.
Are You Eligible to File a Talcum Powder Mesothelioma Lawsuit?
If you have been diagnosed with an asbestos-related disease such as mesothelioma and you have never worked around asbestos, then you may have been exposed from your use of a consumer product such as talcum powder. If you believe that this is a possibility, a mesothelioma attorney can help. Attorneys who specialize in mesothelioma lawsuits have extensive experience and background knowledge that can help them to determine whether you are eligible to file a talcum powder lawsuit. Make sure that when you meet with a mesothelioma attorney, you bring your medical records, as well as any other documentation that may be pertinent to your case. The more information you provide, the better an experienced mesothelioma attorney will be able to advise you about your rights and eligibility to file a lawsuit.
Statute of Limitations for Talcum Powder Asbestos Lawsuits
Every state has established a time period and deadline for filing asbestos lawsuits. These time periods are known as statutes of limitations, and they begin at the time that you are diagnosed. It is very important that you contact a mesothelioma attorney as quickly as possible after you are diagnosed so that they can advise you as to the deadline for filing your case. The more time that you give yourself, the better your attorney will be able to represent you and get you the compensation that you deserve. In most cases, the statute of limitations is two to three years, but in some states it is as short as one year.
Compensation for Talcum Powder Asbestos Lawsuits
Every lawsuit is different, and that is especially true of asbestos lawsuits. It is difficult to predict how much compensation you are likely to receive as a result of filing a talcum powder asbestos lawsuit, as there are many factors that have an impact. These include your age at the time of your diagnosis, how advanced your disease is, where you file the lawsuit and how you were exposed to asbestos. Despite the fact that each case is unique, it has generally proven true that asbestos talcum powder plaintiffs receive large compensation amounts.
One of the first decisions you will likely need to make when you decide to file a mesothelioma lawsuit is whether you want to take your case to trial or would prefer to settle your lawsuit out of court. Though some companies are unwilling to settle, others prefer to do so in lieu of the public embarrassment of defending themselves against an accusation of negligence. Generally speaking, settlements provide less compensation than a plaintiff will receive with a jury award, but they also offer the benefit of less stress and being resolved more quickly.
Legal Help
People who have been diagnosed with mesothelioma may be eligible for compensation from the $30 billion asbestos trust funds, or to file a mesothelioma lawsuit against the asbestos companies that negligently exposed them to asbestos. If you or someone you love has an asbestos-related condition like mesothelioma, asbestosis, or asbestos lung cancer, contact our office today at . We will put you in touch with one of our experienced mesothelioma attorneys or send you a free Financial Compensation Packet that will provide you with helpful information about the compensation that you may be eligible to receive.