Two years ago, cosmetic talc supplier Whittaker, Clark, & Daniels was ordered to pay $29 million to a woman diagnosed with malignant mesothelioma that she blamed on asbestos in the company’s product. Months later, facing thousands of similar claims, the company filed for bankruptcy despite being owned by conglomerate Berkshire Hathaway. After a New Jersey bankruptcy judge upheld the bankruptcy filing, victims have turned to the Third Circuit, asking for the decision to be overturned.
Talc Supplier Negotiating Settlement Terms with Mesothelioma Victims
While Whittaker, Clark & Daniels is pursuing the same Texas Two-Step strategy as other asbestos companies, they’re also working to negotiate a settlement with mesothelioma and other asbestos illness victims. Attorneys representing these plaintiffs call the company’s $535 million settlement offer to pay for all current and future talc claims “a smack in the face.”
Mesothelioma victims had hoped that pursuing their claims in court would yield similar justice to the $29 million awarded to Sarah Plant by a South Carolina jury. In the face of the company’s bankruptcy filing, they point to the trillions of dollars in assets held by the talc company’s parent company, as well as evidence that Whittaker, Clark, & Daniels continued to distribute talc until 2008.
Mesothelioma Advocates Argue Against Texas Two-Step Strategy
Attorneys arguing on behalf of mesothelioma and asbestos-illness victims say that Whittaker, Clark, & Daniels and their parent company are using bankruptcy court in a way that it was never meant to be used, hiding behind a manufactured bankruptcy to avoid paying victims of negligence and continue making profits. If the courts agree and block the bankruptcy filing, the plaintiffs will be able to return to the courtroom and have their cases heard individually, by juries of their peers.
If you or someone you love has been diagnosed with mesothelioma or another asbestos-related disease, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
