Sandra Reichart died of malignant mesothelioma in 2019, and her daughter, Holly Fisher, filed a claim against the companies she blamed for her mother’s death. In 2022 she was awarded $400,000, but one of the companies assigned a portion of that verdict filed a motion for post-trial relief. This month the Superior Court of Pennsylvania affirmed the award and reapportioned the payment responsibilities among the defendants.
Woman’s Mesothelioma Blamed on Asbestos in Beauty Parlor Talc Products
The original lawsuit filed by Mrs. Fisher blamed Mrs. Reichart’s mesothelioma on exposure to asbestos-containing talc in the talcum powders she used in her beauty salon between 1960 and 1985. It named the manufacturers of Clubman, Jeris, Jean Nate, and Cashmere Bouquet, as well as AII, the product-line successor to Clubman after it purchased the brand.
Though AII filed a motion arguing that Mrs. Fisher had failed to establish that her mother’s use of Clubman had caused her mesothelioma, the jury found that Mrs. Reichart had inhaled asbestos contained in Clubman, as well as the other talcum powders except Jeris, with “sufficient frequency, regularity, and proximity” to have caused her illness. They ordered the companies to pay $400,000 in compensation. After some post-trial motions, the court granted Mrs. Fisher additional damages due to delays and ordered the verdict to be split equally between four defendants but said that AII was responsible for two of the four.
Appeal of Mesothelioma Verdict Fails
AII appealed the decision, arguing again that insufficient evidence of Clubman’s role in Mrs. Reichart’s mesothelioma had been provided. They also argued that there was no proof that Clubman had used asbestos-containing Italian talc. The Appellate Court rejected this argument, noting that both expert witness testimony and testimony from a sales agent had confirmed the use of the Italian talc.
Though the court maintained the $400,000 award for the mesothelioma victim’s daughter, they did agree that assigning AII a total of half of the verdict was inappropriate. They reapportioned the compensation on a per capita basis to AII and the two remaining defendants.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net have the experience and knowledge you need to provide the best possible support. Contact us today at 1-800-692-8608.
