Eastern Magnesia talc was a brand of industrial talc sold by Engelhard Corporation, the predecessor to BASF Catalysts, LLC. The talc, which was mined from Vermont and used in a variety of manufacturing processes, was named in numerous asbestos lawsuits that were dismissed based on claims that the talc contained no asbestos. This was later shown to be untrue, and it was discovered that Engelhard and its attorneys concealed evidence and failed to disclose information to plaintiffs, their attorneys, and the courts. A class action lawsuit filed about the deceit, misstatements, and omissions resulted in a $72.5 million settlement that compensated mesothelioma victims and others whose lawsuits were wrongly dismissed.
Emtal History and Asbestos
From 1967 to 1983, Engelhard Corporation operated a talc mine in Johnson, Vermont, and processed the talc into Emtal talc which was used in wallboard, joint compound, auto body filler, dusting agents, and children’s balloons. The talc contained several forms of asbestos, including chrysotile, tremolite, and serpentine asbestos fibers. The presence of the talc was known to Engelhard, which commissioned multiple laboratory tests of the product. Engelhard’s successor, BASF, was also aware of the tests having been conducted and of the results. Both companies maintained the tests and assay results in their company records.[1]
Rather than taking action to substitute a safer product or warning those who might be exposed to asbestos in its products, Engelhard took no action and represented to clients, industry trade groups, and the federal government that the tale was free of asbestos contamination. The company went beyond omitting the truth, asserting that the product could be used as a substitute for asbestos. This led to it being widely used and exposing countless workers, citizens, and their family members, to asbestos-contaminated talc.[1]
In 1979, Eastern Magnesia Talc Company was named in a wrongful death lawsuit filed by David Westfall following the death of a relative. The company was represented by the law firm Cahill Gordon. At that time, the test and assay results showing the talc’s contamination and the company’s knowledge of it were produced as evidence. The case was settled out of court with Mr. Westfall signing a confidentiality clause that prohibited him from discussing the case or sharing the evidence and a Engelhard employee circulated an internal company memorandum directing all employees to collect and discard all documents related to Emtal talc. The evidence of the company’s knowledge of asbestos contamination of its talc was either destroyed or hidden and documents containing fraudulent information were manufactured with the help of the law firm.[1]
In the years that followed, the company was named in numerous lawsuits seeking compensation for the damages suffered by workers exposed to the company’s talcum powder, but BASF and Cahill Gordon conspired to use false affidavits, expert reports, and discovery response verifications to evade liability. They consistently maintained that Emtal talc did not contain asbestos and that there was no evidence that it ever had been contaminated with the carcinogenic material. The companies went so far as to threaten plaintiffs and their attorneys with sanctions or penalties for questioning their good faith representations.[1]
After years of thousands of asbestos injury cases being dismissed, six plaintiffs learned of testimony that Engelhard’s talc contained asbestos and that the company knew it. They filed a complaint against BASF and Cahill, accusing the two of defrauding them in their initial lawsuits and causing them to settle or dismiss claims that they would otherwise have pursued. The original case was dismissed and the plaintiffs appealed and prevailed, with the U.S. Court of Appeals for the Third Circuit concluding that the District Court had erred in dismissing the fraud and fraudulent concealment claims.[1]
Six years after the circuit court’s decision, the law firm Cahill Gordon & Reindel and chemical company BASF agreed to pay $72.5 million to settle claims that they had hidden evidence of asbestos in the Emtal talc products during litigation. As part of the terms of the settlement, the law firm and BASF denied all statements about Emtal talc, asserting that the claims in the underlying lawsuits were without merit. that the amount of asbestos in Emtal talc could not have caused harm to human health, and that many of the original lawsuits had been resolved irrespective of the asbestos content or the number of talc defendants. BASF also maintained that it had been unaware of the facts alleged by the asbestos victims when it bought Engelhard in 2006.[2]
The Williams Emtal Talc Settlement Fund
The Williams Emtal Talc Settlement fund provided benefits for individuals who were parties in asbestos injury or wrongful death lawsuits or whose family members living or dead were parties to asbestos injury or wrongful death lawsuits filed between March 8, 1984, and March 29, 2011, naming Engelhard Corporation or BASF Catalysts, LLC or one of its subsidiary or affiliated companies as defendant, and whose lawsuits were voluntarily or involuntarily dismissed. The settlement provided $72.5 million, as well as up to $3.5 million to cover the costs of administering the plan.[3]
Qualified claimants had until January 15, 2021, to file their claim with the trust and until February 19, 2021, to provide the required documentation demonstrating evidence of asbestos-related bodily injuries and other damages for disputed claim forms. Payments varied between claimants, based on a variety of factors, including the number of claims filed, disease level, and strength of evidence provided. Those diagnosed with malignant mesothelioma received additional payments from a special Extraordinary Injury Fund established for their benefit.[3] Payments ranged from $4,000 for asbestosis to $300,000 for malignant mesothelioma.[4]
How Was Asbestos-contaminated Emtal Talc Used?
Emtal talc was an industrial talc that was used in the manufacturing of various industrial products, including tires and other rubber goods, paints, plaster, caulking, and auto-body repair compounds rather than in personal products such as baby powder or cosmetics. Eastern Magnesia was the major talc supplier for the nation’s rubber companies for three decades until the 1980s. It was used to keep rubber from sticking to machinery or other rubber.
Who Is at Risk of Exposure to Asbestos from Eastern Magnesia Talc?
While the $72.5 million settlement specifically addressed the wrongs suffered by those whose asbestos injury claims were fraudulently dismissed or voluntarily settled based on misinformation and concealment, many other tire factory workers, rubber workers, people who worked with plaster, paint, or caulking contaminated with Emtal talc, and auto-body repair employees are still at risk for asbestos-related diseases following their exposure to the toxic material. Similarly, any of their family members who were exposed to asbestos carried home on their hair, skin, or clothing could be sickened through secondary asbestos exposure and may still be at risk.
Industrial Talcum Powder and Mesothelioma
When talcum powder used in the workplace contains asbestos, like that mined by Engelhard and sold under the Emtal talc name, it represents a significant risk for mesothelioma or asbestos-related lung cancer. The danger comes from inhaling or ingesting the carcinogenic fibers, which easily become embedded in the lining of the
What to Do if You Were Exposed to Asbestos in Emtal Talc
Workplace exposure is one of the most common causes of malignant mesothelioma and other asbestos-related diseases. If you or someone you love has been diagnosed with asbestos-related lung cancer or any other asbestos-related disease after being exposed to talcum powder and you need information on the options available to you, contact an experienced asbestos attorney who can explain your rights and guide you through the next steps.
Rubber company workers, tire company workers, and many others who were exposed to Emtal talc through the years are just beginning to experience the symptoms of mesothelioma and other diseases today. It’s important to contact an attorney as soon as possible to ensure that you preserve your rights and are well-informed of the options available.
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