In recent years, talc-based products have been linked to asbestos-related illnesses including malignant mesothelioma, asbestosis, and ovarian cancer. Companies that sold these products have been sued for millions of dollars by victims who say they were aware of the dangers, and many plaintiffs have won. When Merck & Co. began being named in cases, they argued that their liability had transferred to Bayer AG when they’d sold those products to them in 2014.
Question of Mesothelioma Liability After Merck’s Sale to Bayer
Merck sold Bayer its talc-based powder products, which included Lotrimin foot powder and Dr. Scholl’s talcum powder, years before they were linked to mesothelioma and other asbestos-related diseases. Once the link became known, both Bayer and Merck & Co., began being named in personal injury lawsuits seeking compensation for consumers’ illnesses.
Initially, the two companies began negotiating a shared liability for the asbestos claims, but those efforts failed when Merck insisted that its responsibilities for products sold before the sale took place would eventually sunset. At that point, Merck filed suit against Bayer, asserting that its initial sale agreement had limited its responsibility to seven years.
Judge Rules that Merck Retains Mesothelioma Liability for Talc Products
With mesothelioma claims accumulating, the companies took the case to Delaware’s Chancery Court, which determined that Merck had retained product liability for products sold before the sale. Unhappy with that decision, Merck appealed it to the Delaware Supreme Court, which upheld the lower court’s decision.
Back in April, the lower court’s Vice Chancellor Nathan A. Cook wrote that the agreement of sale between Merck and Bayer “clearly and unambiguously provides that Merck indefinitely retained substantive liability for product liability claims related to products sold prior to the closing of the transaction.” The Supreme Court’s Justice Karen L. Valihura affirmed that decision “on the basis of and for the reasons assigned.” Mesothelioma victims seeking compensation for damages suffered as a result of exposure to asbestos in Lotrimin or Dr. Scholl’s will take action against Merck.
If you or someone you love has been diagnosed with an asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
