A recent ruling in a talc mesothelioma lawsuit has raised important questions about who is responsible when an American company’s product affects people who buy it overseas. The case was filed by an English woman who was diagnosed with peritoneal mesothelioma after years of exposure to products manufactured and sold by The Estee Lauder Companies, Avon Products and Macy’s.
Mesothelioma Lawsuit Details Lifelong Use of Estee Lauder Products
In her mesothelioma lawsuit, Hannah Louis Fletcher recounts her exposure to and use of the various companies’ talc-based products. These included her mother having used Estee Lauder’s Youth Dew talcum powder and her having payed with the product and its powder puff three or four times a week; her use of her mother’s Estee Lauder face powder; and her own use of the company’s Clinique loose face powder.
Mrs. Fletcher attributes her peritoneal mesothelioma diagnosis to asbestos that contaminated the talc in these products, and recalls having traveled to New York from England and purchasing them there, bringing them back to Europe, as well as her mother’s previous trips to America and purchasing the products.
Companies Argue Against Legal Standing for Mesothelioma Lawsuit
Though the cosmetic talc companies denied their liability for Mrs. Fletcher’s mesothelioma based on jurisdictional issues and arguing that she should pursue her case in England, the judge in the case agreed with Mrs. Fletcher that New York was their principal case of business, and that England was not legally available for the litigation she was pursuing, leaving them without an alternative forum.
Based upon these and other arguments, Justice of the Supreme Court Manuel J. Mendez denied the motion and allowed the mesothelioma lawsuit to go forward to be heard by a jury.
If you or someone you love has been diagnosed with malignant mesothelioma and you believe that it was caused by exposure to an asbestos-contaminated talc product, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.
