A $22 million judgment was awarded by a California jury to the family of a man who died of mesothelioma from workplace asbestos exposure.
The man, plaintiff Richard B., was exposed to asbestos-containing talc that was used in paint manufacturing. The liability for his workplace asbestos exposure expands to those supplying the toxic talc ingredient.
Richard worked as a paint maker throughout his career and worked for Dexter Midland Chemical Co. and Walter N. Boysen Paint Co. The $22 million award includes $17.57 million for malice on the part of Imerys Talc America Inc. and Vanderbilt Minerals. The amount also includes $4.6 million in punitive damages.
The California jury ruled Imerys and Vanderbilt were both responsible for the distribution, selling and marketing of the talc product to the plaintiff.
Talc is a mineral that is mined from the earth, often in close proximity to asbestos. It is made up of hydrated magnesium silicate and used in paints because of its heat resistance and absorbency. Talc is also used in the paper industry, and is used as an ingredient in products such as talcum powder, roofing materials, rubber, ceramics, and insecticides.
Talc’s safety has been largely debated, and thousands of lawsuits have been filed linking talc to its development of ovarian cancer. Additionally, products containing talc have previously contained traces of asbestos dust. This occurs from the product’s positioning in close range to one another on the earth’s surface.
Problems stemming from workplace asbestos exposure can be serious. For example, workplace asbestos exposure can cause several adverse effects and complications including lung cancer, mesothelioma and asbestosis.
There have been thousands of other asbestos exposure lawsuits filed. Lawsuits have been filed against the manufacture of the Cashmere Bouquet talcum powder, Colgate Palmolive. Although there are still hundreds of cases yet to be settled with the company, there have been 43 cases resolved involving asbestos-contaminated talc.
Most lawsuits involving asbestos contaminated talc have involved talcum powder, a product used by millions of Americans for decades for skin protection.
The most recent settlement concerning talcum powder involved a Pennsylvania woman who developed mesothelioma after using the talcum powder for nearly two decades.
The link between different types of cancer and contaminated talc has been frequently debated. Federal laws concerning commercial talc required it to be free of any asbestos since the 1970s. Clarification and understanding of these laws has also wavered, however.
Yet, although it is said that products containing talcum powder are measurably safer than they once used to be, cancer development today may stem from exposure that occurred long ago.
Richard’s case was held in the Superior Court of California for Alameda County. The California jury held that Richard died from workplace asbestos exposure that led to this development of mesothelioma.
Richard’s original filing of the lawsuit stated, “Plaintiffs allege the talc contained fibrous minerals, including but not limited to anthophyllite, tremolite, chrysotile, and other asbestos minerals, transitional fibers, and asbestiform talc.”
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