After Victoria Kaye died of malignant mesothelioma, her survivors filed suit against several of the companies they blamed for her illness. Most of the companies named are highly recognizable manufacturers of cosmetic talc products. Recently two of those companies attempted to have the claims against them dismissed, but in both cases, the motion for summary judgment was denied.
Revlon Moves to Dismiss Asbestos Action in Mesothelioma Claim
Revlon, Inc., asked Justice Adam Silvera of the Supreme Court of the State of New York to dismiss the mesothelioma claim against them. The company argued that their Charlie brand talcum powder which Ms. Kaye’s survivors said that she used from 1968 to 1976 had not been manufactured until 1974, and that there was no evidence that their talc had contained asbestos. They also asserted that talc does not cause mesothelioma.
The judge denied the company’s request, noting that the corporate representative who had provided the testimony supporting Revlon’s request for dismissal had no personal knowledge of Revlon’s manufacturing or product development at the time, and therefore could not speak to the pertinence of the mesothelioma victim’s claims. The company had also failed to offer evidence that their product could not have contained asbestos or caused her illness, and therefore they had failed to meet the burden required to have the claim dismissed.
Mesothelioma Victim’s Request to Include Punitive Damages in Claim Against Chanel Stands
In the family’s claim against Chanel, Inc., they had requested that punitive damages be assessed against the company, asserting that the company had been aware of the dangers of its products and had maliciously continued to market its product. The company moved to have the punitive damages claim against it dismissed, arguing that it had not exhibited the level of near-criminal disregard required to justify the damages and that it had not been aware of the dangers of asbestos.
Pointing to evidence provided by the mesothelioma victim’s family, Justice Silvera denied this request. He noted that while the company had not provided any evidence to dispel questions of their recklessness or wanton disregard concerning asbestos in its talc, the family had submitted numerous documents showing that it had been aware of the contamination in its talc in the 1970s but had continued to use the same talc for at least two decades without warning the product.
If you or someone you love has been affected by asbestos-contaminated talc, the Patient Advocates at Mesothelioma.net can connect you with the resources you need. Contact us today at 1-800-692-8608 to learn more.
