The judges of the New York Court of Appeals are approaching a decision that may have a long-lasting impact on the future of mesothelioma claims. They are weighing arguments from attorneys representing mineral distributors, who say that a lack of quantitative evidence about how much asbestos a woman breathed in while using talcum powder should lead to the verdict her family won after her death being thrown out.
Talc Companies Attempt to Overturn $15 Million Mesothelioma Verdict
The original case that the talc companies are appealing involved Florence Nemeth, who was diagnosed with peritoneal mesothelioma in November of 2012 and who later died of the disease. Her family filed product liability lawsuits against several companies that mined, manufactured, and distributed talc, saying that it had been contaminated with the asbestos that led to her fatal illness and death. The jury ultimately awarded her estate $15 million and her widower $1.5 million for lack of consortium.
Since that significant verdict, the defendants in the case have filed several appeals, attempting to evade compensating the mesothelioma victim’s family. In arguing last Tuesday before the New York Court of Appeals, attorneys for the talc companies asserted that because there was no specific evidence of how much powder Nemeth had actually inhaled while applying the powder, the case should never have been brought to a jury in the first place.
Mesothelioma Advocates Say Talc Companies Seek “Death Knell” for Asbestos Cases
Lower court judges who had previously weighed in on the talc companies’ argument had expressed concern that if a quantitative proof were required it would sound a “death knell” for all future asbestos and mesothelioma cases. Echoing that concern, Judge Jenny Rivera questioned the talc companies’ attorneys and asked if they were disputing the quality of the evidence that had been presented to the jury. The lawyer responded that they were not, but that instead they were saying that the evidence presented had been insufficient.
Previously established case law has set a precedent for weighing evidence on behalf of mesothelioma victims that “expressly leaves open a plaintiff’s ability to prove specific causation without precise mathematical calculation, but by reference to estimation based on work history and math models, as was done here.” If the appellate court agrees with the talc company and overturns the verdict in the mesothelioma case, it will create a new standard that will make proving asbestos cases almost impossible.
If you or someone you love has been diagnosed with malignant mesothelioma or any other asbestos-related disease, having knowledgeable help on your side is critical. For information on the assistance the Patient Advocates at Mesothelioma.net can provide, contact us today at t 1-800-692-8608.
