Why Did a New York Court Overturn a $16.5m Asbestos Verdict?
Many of us grew up using baby powder or other talcum powder products. With its odor and moisture-absorbing properties, talc was seen as the perfect way to keep a baby's diaper dry or absorb the daily body odors of life. But for decades, manufacturers denied claims that asbestos-contaminated their talc-based products. Asbestos is a known carcinogen but is often found in mineral deposits near talc.Many manufacturers that used talc in their products now face lawsuits from plaintiffs claiming that asbestos-contaminated talc caused their cancers. Johnson & Johnson alone faces more than 38,000 lawsuits over its talc-based products. It's not looking good for the talcum powder industry. But in April of this year, New York's highest court overturned a $16.5 million jury verdict involving an asbestos-contaminated talc claim.
The Nemeth Case
In 2014, Florence Nemeth and her husband sued several claimants alleging that Florence developed mesothelioma after using asbestos-contaminated talcum powder for most of her life. She later died in 2016. Several defendants settled with the Nemeth's, but their case against Whittaker, Clark & Daniels Inc, the company that supplied the talc used in the Desert Flower cosmetic powder Florence used, proceeded to trial.At trial, a jury agreed with the Nemeth's that the Desert Flower cosmetic powder caused Florence's cancer and assigned 50% of the fault to Whittaker and 50% to another company that was no longer a defendant. Ultimately, the jury awarded the Nemeths $16.5 million. On appeal, the Court of Appeals, in a 5-1 decision, held that there was insufficient evidence because the plaintiff's expert didn't quantify the amount of powder that Nemeth inhaled daily. Without this information, the appeals court held that it wasn't possible to know if Florence had inhaled enough asbestos to cause her mesothelioma. The lone dissenting judge lamented that the majority established an impossible standard for plaintiffs.
You Need Experienced Legal Advice
If you're facing a cancer or mesothelioma diagnosis you believe was caused by using talc-based products, you may be entitled to file a lawsuit and receive compensation. You'll need experienced lawyers well-versed in product liability issues, and the lawyers at the Madeksho Law Firm can help. Call us at 1-888-910-MESO (6376) or contact us online. Your consultation is free, and you'll never pay a fee unless we're able to recover compensation on your behalf.
