For years, people diagnosed with malignant mesothelioma, asbestosis, and other asbestos-related diseases sought justice and fair compensation from Englehard Corporation, a subsidiary of BASF. They accused the company of exposing them to asbestos in the talc that they produced. These efforts were blocked by the company’s law firm, which insisted that no evidence existed to support the victims’ claims. This was not true and their falsehoods were exposed. This week a New Jersey federal judge approved a settlement of $100 million that orders BASF and its law firm to pay approximately 20,000 class members between $3,500 and $300,000 each.
BASF and Its Law Firm Accused of Hiding Evidence Necessary to Mesothelioma Lawsuits
The class action lawsuit revolved around thousands of mesothelioma victims and others diagnosed with asbestos-related diseases who were stymied by the actions of BASF and its former counsel at Cahill Gordon and Reindel LLP. BASF acquired Englehard in 2006 after the company had produced Emtal Talc between 1967 and 1983. When victims claimed the talc was contaminated with asbestos, the law firm and the company’s representatives falsely said there was no evidence or testimony to support the claims.
According to the class action complaint, after having settled an asbestos injury case in 1984, BASF and its law firm responded to the likelihood of facing future mesothelioma claims by conspiring to gather all evidence of asbestos in its talc and either storing or destroying it. They then withheld and lied about the evidence’s existence in both sworn and unsworn testimony over the next 25 years. This was uncovered in 2009 during a deposition provided by an Engelhard chemist whose daughter had been diagnosed with mesothelioma from the company’s products.
Settlement Follows Years of Legal Action
The class action settlement was pursued for years by six named plaintiffs on behalf of thousands of mesothelioma victims and others whose asbestos-related disease claims were either denied or diminished by the company’s lies. Those six plaintiffs will each receive a $50,000 incentive award over and above the amount designated by the terms of the settlement.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can provide you with the resources you need to pursue justice. For more information, contact us today at 1-800-692-8608.
