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California Appeals Court Reinstates Talcum Powder Asbestos Cancer Lawsuit

Posted by Michael Throneberry | Nov 01, 2017

A California Appeals Court judge in San Francisco recently reinstated an asbestos cancer lawsuit against talcum powder manufacturer Colgate-Palmolive after finding that the plaintiff's attorneys presented sufficient evidence for a jury to decide whether or not the victim's injuries were caused by the defendant's product. A California Superior Court judge previously tossed out the mesothelioma lawsuit without a trial on the grounds the plaintiff failed to retain any containers of talcum powder alleged to have caused the victim's cancer.

The mesothelioma asbestos cancer lawsuit claimed that Colgate-Palmolive's Cashmere Bouquet talcum powder product, manufactured from 1870 to 1995, was produced using talcum powder contaminated with asbestos from mines in Montana, North Carolina, and Italy. The lawsuit states that the victim started using the product as a young girl and continued cosmetic use of Cashmere Bouquet for decades until her mesothelioma cancer diagnosis.

The plaintiff's expert witness, a mineralogist, analyzed talcum powder from the three mines and concluded the source material to be contaminated with deadly asbestos, a flaky white mineral commonly found in talc and vermiculite. The defense countered with their own witnesses who claimed the defendant's product was asbestos free and could not have possibly caused the victim's deadly cancer.

While the defense's position was initially successful, the First District Court of Appeal in San Francisco handed down a unanimous 3-0 decision to send the case back to the lower court for trial after concluding the plaintiff's mineralogist and other expert witnesses provided enough evidence for a jury to decide the matter. In its decision, the Appeals Court held that there was no evidence that the plaintiff suffered asbestos exposure from any other source and the case was a factual dispute to be heard in court.

Talcum Powder Asbestos Cancer Lawsuits

 Victims across the country have filed talcum powder asbestos cancer lawsuits against cosmetics and pharmaceutical companies over allegations that these defendants knowingly produced a defective and dangerous product. For years, companies knew of the link between asbestos and serious health conditions but did nothing to warn the public of exposure or alter product formulas to and keep consumers safe.

Asbestos exposure is causally linked to mesothelioma, a rare and deadly form of cancer commonly affecting the thin lining of tissue surrounding the lungs and abdomen. In addition to talcum powder products, asbestos has been found in many industrial and commercial applications including insulation, vinyl floor tiles, drywall, and roofing materials. Under the law, asbestos cancer victims have the legal right to file lawsuits against asbestos companies and recover vital compensation to pay for medical treatment, recover lost wages, and damages for pain and suffering.

Arizona Mesothelioma Lawyer

 If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced Arizona mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.

About the Author

Michael Throneberry

Attorney Michael Throneberry graduated from Purdue University with a Civil Engineering degree. He then served with the United States Army...

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