At the heart of every mesothelioma lawsuit is the question of whether the asbestos product company being sued was negligent or reckless. That issue was on full display this week as a New Jersey jury heard an executive from the company that sold Clubman talcum powder admit that the company had never bothered to conduct internal testing of the product it was selling to consumers.
Clubman Talcum Powder Blamed for Mesothelioma
Two different patients diagnosed with malignant mesothelioma have filed suit against American International Industries, the company that purchased and sold the Clubman brand. Both Margaret Lashley and Dwayne Johnson claim that the asbestos contaminating the product was responsible for their fatal diagnosis — Lashley was a hair dresser who used the product while grooming clients, and Johnson blames his exposure from years of going to barbershops as a client.
In defending the company against the claims of the mesothelioma victims, American International’s executive vice president Charlie Loveless continued to point to certificates of analysis that had accompanied the talc shipments that the company had received from their supplier, claiming that because the suppliers had certified the product there was no reason for his company to go any farther with an inquiry. “Well, as part of its certificates, all the product that we received shows that there’s no detectable amount of asbestos in it,” Loveless said. “So there would be nothing to investigate if the product doesn’t have it. So I don’t think we would do that.”
Third Party Testing Did Not Take Place Until Mesothelioma Lawsuits Were Filed
Facing questioning from the mesothelioma victims’ attorney, Loveless admitted that the company had never conducted internal tests or ordered testing of their talc by a third party laboratory until after it had been sued for negligence in its handling of the product. Loveless also acknowledged that it was after this lawsuit that the company first put a warning on the Clubman product and later replaced the talc in the product with cornstarch.
If you or someone you love has been diagnosed with malignant mesothelioma, it is important to determine the source of your asbestos exposure. For assistance with that and other important issues, contact the Patient Advocates at Mesothelioma.net at 1-800-692-8608.