Kim Gale  |  February 18, 2019

Category: Beauty Products

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Baby powder on wooden table with stethoscopeThe family of a woman who died of mesothelioma alleges in a lawsuit that she became sick from talc asbestos exposure.

Plaintiff Sharon S. alleges the decedent Shirley S. died of complications related to mesothelioma in September 2017. Her family maintains that she was exposed to talc asbestos over the course of decades because of her use and her mother’s use of talcum powders that were allegedly tainted with asbestos.

Mesothelioma is a cancer of the lining of an organ. According to the American Lung Association, mesothelioma spreads along the surface of the lungs and other chest surface areas, causing chest pain and breathing problems. Mesothelioma is often diagnosed 20 or more years after asbestos exposure. The disease can be treated, but there is no cure.

Sharon alleges that from 1962 through the 1970s, Shirley’s mother purportedly used Johnson’s Baby Powder and Cashmere Bouquet talcum powder on Shirley and in her bedding.

Shirley allegedly went on to use Cashmere Bouquet talcum powder until the early 1990s and Shower to Shower talcum powder from 1975 through the 2000s. In addition, Sharon says Shirley used both Chanel talcum powder and Liz Claiborne Realities talcum powder from the 1980s to 2000s.

The family alleges the talcum powders were tainted with asbestos, and that after years of dusting herself with the powders on a daily basis, Shirley developed asbestos mesothelioma.

Talc Asbestos Allegedly Led to Cancer

Talc and asbestos are often found in close proximity to each other in nature. Sometimes, ribbons of asbestos run through talc deposits. When talc is mined, asbestos can contaminate the talc.

The talc asbestos lawsuit alleges the manufacturers of the cosmetic talcum powders knew the powders were tainted with asbestos and that users of the products would inhale and ingest asbestos fibers and dust.

Sharon alleges that as a result of Shirley’s exposure to asbestos, she suffered severe pain, mental anguish and ultimately, death.

Other plaintiffs have filed successful lawsuits against the makers of talcum powders. According to the New York Times, a woman who alleged Johnson & Johnson’s Baby Powder caused her mesothelioma was awarded $25.7 million by a California jury in May 2018. In July 2018, a Missouri jury awarded $4.69 billion in damages to a number of plaintiffs who said asbestos-laced talcum powder was responsible for their illnesses.

In December 2018, Reuters released a report that alleged Johnson & Johnson’s raw talc tested positive for small remnants of asbestos, but the company chose not to share that information with the public or environmental regulators. Reuters also alleged that Johnson & Johnson changed the testing methods to allow minute amounts of asbestos to still register as “no asbestos” results.

The mesothelioma asbestos cancer lawsuit alleges Shirley’s use of the purportedly asbestos-tainted talcum powders “constituted a dangerous and ultrahazardous activity and created an unreasonable risk of injury to users and bystanders.”

Asbestos particles hidden among the talcum powder could lodge deep inside the lung tissue where they fester for years. Before developing mesothelioma, many people develop asbestosis, which is a condition marked by excessive scar tissue in the lungs that makes it difficult to breathe.

The Talc Asbestos Cancer Lawsuit is Case No. 3:19-cv-00335-FLW-DEA in the Superior Court of New Jersey Law Division, Middlesex County.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual asbestos lawsuit or asbestos class action lawsuit is best for you. [In general, asbestos mesothelioma lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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