After winning an $18 million verdict in an asbestos talc case, the Plaintiff reached a settlement with cosmetic talc supplier Whittaker Clark & Daniels. It has been speculated that the Defendant settled in order to avoid facing the potential of even greater damages from a California state jury.
The Plaintiff that brought the lawsuit was Philip Depoian, a Los Angeles political figure. Depoian alleged at trial that he was exposed to asbestos in talc products at a barbershop where his father worked and through his own use of products that contained Whittaker Clark & Daniels-supplied talc including Old Spice, Clubman, Kings Men and Mennen Shave Talc.
Following a six-week trial in LA Superior Court, a jury agreed with Depoian’s arguments that his mesothelioma cancer was linked to asbestos in Whittaker Clark & Daniels’ talc products. On Oct. 19th, 2016, the jury found that the company was 30 percent liable for Depoian’s damages as he had sued several other defendants in his lawsuit. Because the jury found that Whittaker Clark & Daniels had acted with malice in marketing its talc products, they were allowed to consider awarding punitive damages under California law. However, before the second phase of the trial began, the parties reached a confidential settlement.
While cosmetic talc asbestos litigation is uncommon, litigation surrounding talc products has become increasingly more common, with more than 1,200 lawsuits filed in the last several years over the increased risk of ovarian cancer talc powder may have caused in women who used the product. These lawsuits have alleged that companies such as Johnson & Johnson were aware of the link between talc and ovarian cancer, but failed to warn the many consumers that use these products. Now, it may appear that cosmetic talc used at barbershops could have a link to mesothelioma cancer.
If you or a loved one has developed ovarian cancer or mesothelioma as a result of either talc use, such as J&J Baby Powder or Shower-to-Shower body powder, or being exposed to talc for long periods of time, then contact the attorneys at The Pinkerton Law Firm for a free consultation today. Our highly skilled attorneys will provide you with a free legal evaluation of your case, and should you decide to retain our services, we will pursue your claim on a contingency basis, meaning we don’t take a fee unless you recover compensation from the wrongful parties. Call now to learn more: 713-360-6722