More than 15,000 lawsuits have been filed against cosmetic talc companies, talc suppliers and others that have been accused of causing consumers’ malignant mesothelioma and other asbestos-related diseases by exposing them to asbestos. The companies continue to argue against their liability, denying that their talc was contaminated by the carcinogen, and courts continue to allow consumers to prove their cases. One of the most recent examples is the case filed by a mesothelioma widow and surviving daughter filed over the loss of their late husband and father. It is currently making its way through the New York City Asbestos Litigation courts, where Judge Manuel J. Mendez struck down a motion for summary judgment filed by a talc supplier.
Talc Powder User Died of Peritoneal Mesothelioma
The lawsuit filed by Sharon and Jennifer Rothlein revolves around their husband and father Edward Rothlein, who died of peritoneal mesothelioma in October of 2018. They are accusing Whittaker Clark & Daniels, a talc supplier, with providing asbestos-contaminated talc to the companies that used it to create Old Spice talcum powder and Clubman talcum powder.
According to deposition testimony provided before his mesothelioma death, Mr. Rothlein used Old Spice powder as soon as he started shaving, from 1959 through 1972. As he got older he switched to Mennen talcum powder, which he used from 1973 through 1982, and then switched again to Clubman talcum powder, which he used from 1982 through 1995.
Evidence Shows Company Knew of Asbestos
Though Whittaker Clark & Daniels argued that the Rothlein’s case should be dismissed for lack of product identification, the judge in the case denied their motion, saying that there is no requirement that the plaintiffs prove that specific bottles used by Mr. Rothlein contained asbestos. The company did not deny selling talc to the manufacturers named.
Perhaps most concerning was the allegation from the Rothleins that significant evidence supported their claim that the company knowingly provided asbestos-contaminated talc to the companies. They pointed to Whittaker Clark and Daniels testing that found asbestos in its talc through the 1970s, and the company’s move to use a testing process that would not reveal asbestos. The judge dismissed the motion for summary judgment and the case will be able to proceed.
If you have been diagnosed with malignant mesothelioma after having used talc-based products, those products may have been the source of your illness. For information about resources available to you, contact the Patient Advocates at Mesothelioma.net today at 1-800-692-8608.
