Failure to Test Talc Key Point in Mesothelioma Lawsuit

When a mesothelioma victim files a personal injury lawsuit against a product manufacturer, the case is all about negligence. Companies are accused of failing to warn of asbestos in their product or of how consumers or workers could protect themselves from the asbestos, or of having failed to take other actions. In the case of talc product manufacturer American International Industries, the maker of Clubman talcum powder is accused of never having tested their product’s for the presence of asbestos at all.

Mesothelioma Victims Point to Lack of Internal Testing

The case was filed against American International by mesothelioma victims Margaret Lashley and Dwayne Johnson. Lashley is a longtime hairdresser who used the company’s Clubman talcum powder on her clients, and Johnson attributes his illness to almost four decades of trips to the barbershop for haircuts. 

When the mesothelioma victims’ attorneys asked the company’s executive vice president, Charles Loveless, whether any precautions or testing had been taken on behalf of the public, he indicated that there had been no need because the product’s suppliers had provided certificates of analysis. “There would be nothing to investigate,” he said.

Expert Testifies to Significant Amounts of Asbestos in Talc Blamed for Mesothelioma

In contrast to Mr. Loveless’ assertions, the mesothelioma victims provided testimony from an electron microscope expert, Steven Compton of MVA Scientific Consultants, who testified that the mines where the company’s talc came from contained asbestos fibers, and so did bottles of the product. He said that 8 out of ten samples of talc from the Italian mines the company sourced talc from contained asbestos, as did six out of 53 samples from Montana mines the company used. 

In addition, he explained that all four samples of Clubman talc found on Ms. Lashley’s bottles and brushes contained asbestos fibers. He indicated that the samples he took were such a small proportion of the amount of talc contained in a full bottle, that it was fair to assume that there were millions of asbestos fibers per gram in the original product.