Following shocking and unexpected testimony from an expert witness, a Louisiana judge has ordered a new trial in a case filed by a mesothelioma victim against Colgate-Palmolive. According to the judge, what the witness told the jury was entirely improper, and attorneys for the victim’s family argued that the witness had sabotaged the trial and that the company should be required to pay at least $150,000 in costs for the abandoned trial.
Mesothelioma Lawsuit Accused Colgate-Palmolive of Negligence
There have been many lawsuits filed by victims of malignant mesothelioma and ovarian cancer against Colgate-Palmolive and other consumer product companies. The plaintiffs have repeatedly accused the companies of failing to warn of or protect the public from asbestos-contaminated talc. In this case, the family of Vita Chenet blamed asbestos in the Cashmere Bouquet talc product that she’d used for her death.
Many companies facing similar claims of causing mesothelioma have been ordered to pay millions in compensation. To defend itself against the charges, Colgate-Palmolive submitted closing testimony from expert witness Dr. Richard Attanoos, a pathologist from Wales. The physician unexpectedly pronounced from the stand that Ms. Chenet’s father had died of an asbestos-related disease caused by his work in shipyards during World War II. This information, which had never been discussed or introduced at trial, led the jury to decide in the company’s favor and left the judge “unequivocally floored.”
Judge Orders New Trial in Mesothelioma Case
Though Colgate-Palmolive had suggested that Ms. Chenet’s mesothelioma was a result of childhood exposure to asbestos while living on the grounds of a New Orleans shipyard, no mention had been made of her father or how he had died. Orleans Parish Civil District Judge Kern Reese, who was hearing the case, said that the testimony had made him cringe, as it was “unsolicited, it was a new opinion, it was never previously disclosed in any expert report or deposition.”
While Colgate’s attorneys defended the jury’s verdict, the mesothelioma victim’s family asked for compensation for the company’s witness having sabotaged the case, saying, “There should be no question that Dr. Attanoos did not just accidentally or inadvertently blurt out an unsupported, undisclosed, and highly prejudicial ‘in fact’ opinion about the cause of Ms. Chenet’s father’s death.” They pointed to his twelve years of experience testifying on behalf of asbestos defendants as proof that he knew what he was doing.
If you or someone you love has been diagnosed with malignant mesothelioma and need help with next steps, the Patient Advocates at Mesothelioma.net can help. Contact us at 1-800-692-8608 to learn more.
