Just days after hearing opening statements, a South Carolina jury has awarded $29.14 million to a 35-year-old woman who blames her malignant mesothelioma on asbestos-contaminated cosmetic talc products.
Malignant Mesothelioma Blamed on Cosmetic Talc Products
Malignant mesothelioma is a rare and fatal form of cancer caused by exposure to asbestos. It is usually diagnosed in older men, whose exposure to the carcinogenic material can be traced back to their occupational environments. At just 35 and without an occupational or environmental history of asbestos exposure, Sarah Plant represents a new generation of asbestos victims: she blames her illness on various cosmetic talc products she’s used since childhood.
Over the last several years, an increasing number of women have been diagnosed with mesothelioma or ovarian cancer that they trace back to their use of cosmetic talc products contaminated with asbestos. Ms. Plant’s original claim named Johnson & Johnson, Avon, Mary Kay Cosmetics, and makeup pigment maker Color Techniques as defendants, as well as talc manufacturer IMI Fabi and talc supplier Whittaker, Clark & Daniels. By the end of the trial only the last two remained. The jury found IMI Fabi not responsible and ordered Whittaker, Clark & Daniels to pay the full award.
Several Named Defendants Reached Settlement with Mesothelioma Victim Before Trial’s End
As frequently happens in mesothelioma lawsuits, many of the defendants that were originally named in Ms. Plant’s claim reached settlement agreements out of court before the case went to the jury for decision. Johnson & Johnson was able to evade the claim because of ongoing legal proceedings related to it having transferred its talc liabilities to a subsidiary, LTL Management.
Speaking of the swift and aggressive nature of mesothelioma, a family representative said, “I just hope we can figure out a better way than having juries resolve (cases) every time. It’s truly horrible for our clients who don’t have time.”
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608.
