While mesothelioma and ovarian cancer patients who blame talc in Johnson & Johnson’s Baby Powder for their illnesses wait to hear whether they can pursue personal injury claims, victims who have used other products are waging their own legal battles. Colgate-Palmolive has been named in numerous asbestos-contamination suits, and the Supreme Court of New York County recently denied the company’s request to dismiss a woman’s claim against them.
Woman Blames Her Mesothelioma on Asbestos in Cashmere Bouquet
Caroline Zicklin filed a personal injury lawsuit against Colgate Palmolive, blaming asbestos in the company’s popular Cashmere Bouquet powder for her malignant mesothelioma. In her deposition, Mrs. Zicklin recalled applying the product, saying she “would see [dust] fly around, and would have to wipe off the counter and stuff afterwards because it would get all over the place.” To support her case she submitted scientific evidence, including Colgate’s own testing.
In response to the mesothelioma lawsuit, Colgate Palmolive asked the court to dismiss the case, arguing that their product never contained asbestos, that if it contained asbestos it would not be capable of causing mesothelioma, and that Mrs. Zicklin had not been exposed to sufficient asbestos through their product to have caused her illness. The company also argued that her illness was the result of having smoked Kent cigarettes with Micronite filters that contained asbestos.
Judge Cites Multiple Issues of Fact to Be Decided in Mesothelioma Claim
In denying Colgate Palmolive’s motion to dismiss the mesothelioma claim, Justice Adam Silvera pointed to multiple issues of material fact that need to be addressed by a jury. He noted that both sides had presented conflicting evidence of whether cosmetic talc products could cause mesothelioma and how much exposure would be contributory.
He also noted that even if Mrs. Zicklin’s smoking had contributed to her development of mesothelioma, that “does not negate Colgate Palmolive’s substantial effect resulting in [her] peritoneal mesothelioma. The case will move forward for a jury to weigh the facts.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net are here to provide you with the resources you need. Contact us today at 1-800-692-8608 to learn more.
