Mesothelioma Victim’s Daughter Prevails in Quest for Justice
Sandra Reichart’s malignant mesothelioma diagnosis came after years of working with talcum powder products in her beauty salon, and her daughter, Holly Fisher, blamed asbestos in the talc for her mother’s death. Though she won her mesothelioma lawsuit against multiple companies, one appealed the verdict and asked for relief. The Superior Court of Pennsylvania recently heard the case and affirmed the award.
Superior Court of Pennsylvania Upholds Mesothelioma Verdict and Award
The mesothelioma lawsuit that Ms. Fisher filed named the manufacturers of Clubman, Jeris, Jean Nate, and Cashmere Bouquet talcum powders, as well as AII, the product-line successor to Clubman after it purchased the brand. The jury was shown studies of asbestos contamination of talc, as well as evidence that talc companies were aware of the risk posed by their products and details of Mrs. Reichart’s decades of use of the products in her beauty salon.
The jury agreed that all but one of the products had been used with “sufficient frequency, regularity, and proximity” to have caused the victim’s mesothelioma, and ordered them to pay $400,000 in compensation, along with damages due to delays. The award was allocated between the four defendants, with the successor to Clubman told to pay half of the damages. The company filed an appeal of this decision.
Court Rejects Appeal of Mesothelioma Verdict
All, the new owner of Clubman, argued that the evidence presented in the case had not warranted the jury’s decision. They also argued that there was no proof that asbestos-contaminated Italian talc had been used in the product. Despite their assertions, the Appellate court said that the expert witness testimony presented at trial had been sufficient to support the jury’s decision.
In its analysis of the allocation of the award, the court agreed that the defendants’ responsibilities should be realigned, but the court upheld the jury’s assessment of guilt and ordered that the mesothelioma victim’s daughter receive the award.
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