Numerous scientific studies have shown that asbestos is found in talcum powder. Studies have also shown that the asbestos in these products have caused mesothelioma. If you’ve developed mesothelioma due to talcum powder use, you’re entitled to file a lawsuit to help you cover overwhelming medical expenses, among many other costs that come along with having a toxic illness.
If you or a loved one were diagnosed with mesothelioma or asbestos-related cancer, you may be entitled to substantial compensation. Use our free Asbestos Attorney Locator Tool to find a top mesothelioma attorney in your area. With over $30 billion currently in asbestos trust funds, now is the right time to take the first step in determining what you may qualify for.
About Asbestos in Talc Powder
Unfortunately, asbestos deposits and talc deposits are frequently found alongside each other and mixed together. When workers mine for talc deposits, the asbestos that interweaved into the talc become part of the talc products’ ingredients. Talc is still used in numerous products, including talcum powder, cosmetics, chalk, ceramic, rubber, and even pharmaceuticals.
Colgate-Palmolive Talcum Powder Lawsuit
In May, 2015, a California woman won a $13 million talcum powder mesothelioma lawsuit against Colgate-Palmolive. Judith Winkel, 73, used “Cashmere Bouquet” talcum powder from 1961 to 1976, and subsequently developed mesothelioma. Colgate-Palmolive attorney Faith Gay tried in vain to argue the case, stating that company didn’t harm Winkel.
“Cashmere Bouquet did not harm Mrs. Winkel. There was a clear absence of proof connecting any disease to our product.”
The jury, however, disagreed. After a two-week trial, the jury sided with the plaintiff and awarded Tinkel $13 million, finding Colgate-Palmolive 95% responsible. Her attorney stated that the amount is fair, since the company put people at risk for numerous years.
“This is an example of the legal system exposing what a company should have been honest about 50 years ago. Judith Winkel only wanted a jury to hear the truth about this product and hopefully to help others who are similarly exposed.”
Representatives for Colgate-Palmolive were apparently disappointed in the verdict. According to company spokesman Tom DiPiazza,
“Colgate was disappointed with the jury’s verdict. [Cashmere Bouquet] played no part in causing the plaintiff’s illness. In order to avoid devoting resources to continuing litigation through the appeals process, the parties have entered in a confidential settlement.”
According to Colgate-Palmolive 2015 quarterly report, the company faces 23 additional talc/asbestos lawsuits from plaintiffs in California, New York, New Jersey, Illinois, Maryland, South Carolina, Delaware, Washington D.C., and Wisconsin. The company’s attorneys “believe these cases are without merit and intend to challenge them vigorously.”
Second-Hand Talcum Powder Asbestos Exposure Lawsuit
On January 7, 2016, Wisconsin resident Steven P. Schultz and wife Kimberly Schultz filed a lawsuit against several companies, claiming that second-hand asbestos exposure from his mother’s talcum powder caused Steven to develop mesothelioma. The case was filed not only against Colgate-Palmolive, but also Coty, Inc., Cyprus Amax Minerals, Metropolitan Life Insurance Company, Pfizer, Inc., and Whittaker Clark & Daniels, Inc.
The plaintiffs claim that Steven Schultz’s mother used them talcum powder as Winkel (Cashmere Bouquet) throughout the 1960s and 1970s, as well as Coty Airspun Face Powder from the late 1960s until the 1980s. In turn, Steven Schultz alleges second-hand exposure to asbestos in the products caused him to develop mesothelioma. He’s now seeking damages for mental and physical anguish, permanent disability, loss of enjoyment of life, loss of earning capacity, and medical bills.
Kimberly Schultz is seeking damages for deprival of pecuniary benefits, mental stress, spousal support, and household support.
Talc Suppliers Lawsuit
Talc suppliers also faced mesothelioma lawsuits. For instance, in 2013, talc supplier Whittaker, Clark & Daniels lost a lawsuit to a New Jersey woman who developed mesothelioma via second-hand after her father came home in asbestos-ridden work clothes. The plaintiff was awarded $2 million.
How to Know if You Have a Talcum Powder Mesothelioma Lawsuit
If you’ve developed mesothelioma and you think it may have been caused from talcum products, contact an experienced mesothelioma attorney who can assist you. Mesothelioma lawsuits are difficult and intricate, and a lawyer who is experienced in this sort of litigation will be able to direct you. Remember to keep copies of all of your medical documentation, which will make the process of determining if you have a case run more smoothly.
In general, however, if you’ve developed mesothelioma due to using talcum powder products, you more than likely have a valid case.
Time Limitations and Statute of Limitations
Another important aspect to remember is that if you think you may have developed mesothelioma from talcum powder, you’ll need to consult with an attorney as soon as possible. Each state in the U.S. has its own statute of limitations for mesothelioma cases, meaning that you have a certain amount of time from the day you were diagnosed with the disease. Statute of limitations range anywhere from one year to six years from the day you were diagnosed.
Compensation for Talcum Powder Lawsuits
It’s difficult to determine exactly how much compensation you’re entitled to for your case. Several things are factored into the total damages, including how long you’ve lived with mesothelioma, the stage of the disease, your age, how you were exposed, the state you live in, and more. So far, however, as shown in the previous talcum powder lawsuits verdicts, the compensation tends to be generous.
Compensation will also depend upon whether you settle your case or take it to trial. Whereas most mesothelioma lawsuits are handled out of court, sometimes, such as a Colgate-Palmolive case, the defendant would rather fight the charges instead of owning up to their responsibility. Settlements typically have a lower payout than trials, but at the same time, you are assured a victory and the process is over quicker.
Trials, on the other hand, take longer than settlements, and there is no absolute guarantee of victory. Yet, verdicts rendered in the plaintiff’s favor after a trial usually result in a high compensation payout.
Additional Help and Resources for Talcum Powder Mesothelioma Victims
If you’ve been diagnosed with mesothelioma or asbestos-related lung cancer, it’s important to understand your choices, legal rights, and medical options. You may be entitled to compensation for mesothelioma treatments, lost wages, physical pain, emotional suffering, and much more. Don’t forget to use our free Asbestos Attorney Locator Tool to find a top mesothelioma lawyer in your area. If you need additional assistance, feel free to contact us at 800-793-4540.
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