Talc Supplier Settles with Teacher Afflicted with Mesothelioma

A highly publicized mesothelioma lawsuit was resolved just days after jurors began hearing testimony. Though few details are available, talc supplier Whittaker Clark & Daniels agreed to pay an undisclosed amount to California teacher Linda Zimmerman.

Teacher Blamed Mesothelioma on Years of Talcum Powder Use

In the first days of trial, a Los Angeles jury heard about Linda Zimmerman’s four decades of using the talcum powder products that she accused of causing her malignant mesothelioma. Her attorneys argued that the talc that Whittaker Clark and Daniels supplied to the manufacturers of Johnson & Johnson’s Baby Powder, Avon Unforgettable talcum powder, Jean Nate bath powder, and Chanel Number Five bath powder was contaminated with asbestos.

Attorneys for the talc manufacturer argued that Mrs. Zimmerman’s mesothelioma was not caused by their clients’ talc, but instead was attributable to second-hand asbestos carried home from her stepfather’s workplace during her childhood. This argument was countered by evidence that two containers of powder in her possession had tested positive for containing asbestos.

Expert Witness Testimony Plays Significant Role in Mesothelioma Settlement

Despite the talc supplier’s assertions, the mesothelioma victim’s expert witnesses had a profound impact on the settlement decision. One witness, Mayo Clinic pathologist Dr. Theresa S. Emory, testified that over the course of her lifetime Linda Zimmerman had inhaled levels of asbestos 38,000 times beyond what is considered background level, and that it had been enough to cause her illness.

Another expert witness, materials scientist William Longo, testified that it was impossible for miners excavating talc to avoid contaminating the material with veins of asbestos, as the two minerals are almost always found in close proximity to one another.  He explained that this led to asbestos being identified in consumer products containing talc.

Mesothelioma Victim’s Medical Details Add to Jury Consternation

The agreement to settle the mesothelioma lawsuit came after the jury was told that Mrs. Zimmerman was unable to attend the court proceeding in person as a result of her immunosuppressed condition. They heard that since her diagnosis the mother and grandmother had endured a 10-hour surgery and periods of daily radiation that led to a scarring condition called pneumonitis.