Before she died, Patricia Schmitz blamed her malignant mesothelioma on asbestos-contaminated talc products she had used throughout her life. She filed suit against Johnson & Johnson, Colgate-Palmolive, Avon, and others. A California jury awarded her survivors a total of $12 million in damages. Though the talc companies appealed the decision on various grounds, the Court of Appeals of California unanimously affirmed it.
Woman’s Mesothelioma Blamed on Years of Talc Use
According to testimony presented at the mesothelioma trial and in depositions, Patricia Schmitz used Johnson & Johnson’s Baby Powder on herself and on her siblings during her childhood. She also applied it to her elderly parents when she was caring for them as an adult. In her teens she began using Colgate’s Cashmere Bouquet talc product, and continued using it until her late forties, and she also used a talc product sold by Avon.
When she was diagnosed with malignant pleural mesothelioma, she determined that her asbestos exposure had come from breathing in the dust raised by her use of the cosmetic talc products and filed suit against several talc suppliers, as well as against Johnson & Johnson, Colgate-Palmolive, and Avon. She asserted that they had knowingly concealed the presence of asbestos in their products and the risk that it posed.
After Extensive Testimony, Jury Awards Mesothelioma Victim $12 Million
The mesothelioma trial included testimony from several expert witnesses for both the victim and the asbestos companies. Much of the evidence presented centered on the presence of asbestos in the products, the form that it took, and whether it could have been the cause of Schmitz’s mesothelioma. In the end, the jury awarded her survivors $2 million in economic damages, $3.5 million in past non-economic damages, and $6.5 million in future non-economic damages, for a total of $12 million. The companies appealed the verdict on a variety of grounds surrounding decisions made by the trial court.
In its careful review of the talc companies’ arguments and the mesothelioma trial record, the Court of Appeals of California methodically addressed each of the questions raised but determined that the trial court had acted appropriately and that none of the issues that they objected to would have swayed or affected the jury’s decision. They affirmed the judgment in favor of the mesothelioma victim.
If you or someone you love has been diagnosed with an asbestos-related disease, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608.
