A couple has filed a lawsuit against American International Industries Inc., Brenntag North America, Inc., Brenntag Specialties, Inc., Colgate-Palmolive Company, Cyprus Amax Minerals Company and Whittaker Clark & Daniels, Inc. for allegedly causing the wife to develop a serious illness after being exposed to asbestos from these companies.

Plaintiffs Betty W. and Lloyd B. filed their lawsuit in federal court in North Carolina after Betty developed mesothelioma. She was diagnosed with the disease in June 2015 after she “was wrongfully exposed to [asbestos] and inhaled, ingested or otherwise absorbed those fibers, and inherently dangerous toxic substance.”

Mesothelioma is a rare cancer of the lining of the lungs that is almost exclusively associated with asbestos use. It is caused by being exposed to asbestos, a naturally-occurring mineral. Left undisturbed, this material is mostly inert, but when it is released into the air, it can be inhaled and can cause cancer of the lungs directly or cancer in the mesothelial lining of the lungs.

The lawsuit goes on to state that Betty W. was exposed to asbestos from the 1950s to the late 1980s when she used asbestos-containing Cashmere Bouquet talcum powder daily in her personal hygiene routine. Additionally, through her training in beauty school, employment as a hairstylist and later owner and operator of a hair salon, Betty Whitley was exposed to Clubman talcum powder products.

“At all material times, the Defendants manufactured, designed, distributed, sold, supplied and/or otherwise placed into the stream of commerce asbestos-containing products, and/or asbestos-containing talc and/or other finished and unfinished asbestos-containing talcum powder products, and/or raw asbestos-containing talc of various kinds and grades, either directly or indirectly to Plaintiff [Betty’s] places of employment, and/or used by her and her family members’ personally,” the lawsuit reads.

As a result of being exposed to asbestos and being diagnosed with mesothelioma, Betty and her husband have brought forth a number of counts against the Defendants. These include negligence, product liability for inadequate design, formulation and manufacture, breach of implied warranty, willful and wanton conduct, failure to warn and loss of consortium (spousal companionship) on behalf of Lloyd.

“Plaintiff Betty [W’s] illness and/or disabilities are the direct and proximate result of the negligence and carelessness of Defendants, jointly and severally, in that, even though the Defendants knew, or in the exercise of ordinary care should have known that Defendants’ asbestos-containing products were deleterious, poisonous, and highly harmful to Plaintiff Betty [W’s] body, loans, respiratory system, skin, and health, Defendants breached their duties and were negligent…” the lawsuit states.

The complaint goes on to detail the ways in which the companies acted negligently, causing Betty to be exposed to asbestos. This included failing to advise Betty of the dangerous nature of the asbestos-containing products, failing to provide her with apparel and protective equipment in order to reduce her asbestos exposure, failing to place warnings on asbestos-containing products and more.

Betty and Lloyd are seeking compensatory and punitive damages related to hospital and medical expenses, loss of earnings and future earnings, loss of Betty’s health, strength and vitality, loss of pecuniary contribution to her heirs, current and future loss of consortium to her heirs and pain and suffering.

The Asbestos Mesothelioma Lawsuit is Case No. 1:17-cv-00111-WO-LPA, in the U.S. District Court for the Middle District of North Carolina, Greensboro division.