Appeals Court Upholds Mesothelioma Verdict Against Imerys Talc
It’s been nearly three years since a California jury awarded Richard Booker’s family $22 million in damages following his death from malignant mesothelioma. in the years since, one of the two companies named as defendants has worked to have that decision reversed. Despite Imerys Talc America’s multi-part appeal, the Court of Appeals of California confirmed the original court decision and ordered the company to pay the family what the jury said that they were owed.
Mesothelioma Blamed on Years Spent Mixing Talc and Paint
Though the jury heard a significant amount of testimony regarding Mr. Booker’s exposure to asbestos-contaminated talc, Imerys argued that the evidence was insufficient as a matter of law to prove that the talc from Cyprus, the company that Imerys had purchased was the cause of his illness. Though they claimed that there was no proof that the product had been contaminated with asbestos, the appeals court disagreed and called that assertion “simply untrue.”
The justices of the appeals court noted that Mr. Booker’s attorneys had “painted a vivid picture of Cyprus’s knowledge that talc sourced from Grantham and Panamint during the exposure period consistently contained tremolite asbestos.” The court indicated repeatedly that they were “not persuaded” by Imerys’ assertions.
Court Dismisses Asbestos Company’s Other Arguments
In addition to arguing against the existence of asbestos in its products or of wrongdoing, the company also sought a reversal of the verdict based on whether it was medically probably that Mr. Booker’s exposure to their company’s talc had caused his mesothelioma, about a technicality regarding the trial court’s process which they felt should have inferred responsibility of other companies, and against their own liability for wrongdoing on the part of the company they’d purchased. In all cases, the appeals court decided that the decision had correctly been made. The court ruled that the family is entitled to the original judgment, as well as their costs incurred as a result of the appeal.
If you or someone you love has been impacted by malignant mesothelioma, it is important that you have unfailing support and resources to help you with the challenges you will face. For information on how the Patient Advocates at Mesothelioma.net can help, call us today at 1-800-692-8608.
Written by Terri Oppenheimer
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