Mesothelioma and Talcum Powder Lawsuits

Mesothelioma and talcum powder lawsuits are on the rise as more people realize that asbestos in their hygiene products caused cancer. Scientific studies have shown that talc, a mineral used in numerous products, often contains contaminating asbestos. Contact an asbestos attorney if you used talcum powder for years and now have mesothelioma or ovarian cancer.

If you or a loved one were diagnosed with mesothelioma, asbestosis, or asbestos-related cancer, you might be entitled to substantial compensation. We invite you to fill out our form today for a free Financial Compensation Packet, filled with information on experienced mesothelioma lawyers in your area, how to get paid in 90 days, how to file an asbestos trust fund claim, and much more. 

The Dangers of Asbestos in Talcum Powder

Asbestos deposits and talc deposits are frequently found alongside each other and mixed together. When workers mine talc deposits, they can be exposed to the harmful contaminant. For consumers, the asbestos poses a risk when it goes into commercial talc products.

Numerous products contain talc, including talcum powder, cosmetics, chalk, ceramic, rubber, and even pharmaceuticals.

Asbestos in talcum powder has contributed to cases of mesothelioma in people who used these products for decades. Many women also developed ovarian cancer from using baby powders.

Colgate-Palmolive Talcum Powder Lawsuit

In May 2015, a California woman won a $13 million talcum powder mesothelioma lawsuit against Colgate-Palmolive. Judith Winkel, 73, used “Cashmere Bouquet” talcum powder from 1961 to 1976 and subsequently developed mesothelioma. 

Colgate-Palmolive attorney Faith Gay tried in vain to argue the case, stating that the company didn’t harm Winkel.

“Cashmere Bouquet did not harm Mrs. Winkel. There was a clear absence of proof connecting any disease to our product.”

The jury disagreed. After a two-week trial, the jury sided with the plaintiff, finding Colgate-Palmolive 95% responsible. Her attorney stated the amount is fair since the company put people at risk for numerous years.

“This is an example of the legal system exposing what a company should have been honest about 50 years ago. Judith Winkel only wanted a jury to hear the truth about this product and hopefully to help others who are similarly exposed.”

Representatives for Colgate-Palmolive expressed disappointment with the verdict. According to company spokesman Tom DiPiazza,

“Colgate was disappointed with the jury’s verdict. [Cashmere Bouquet] played no part in causing the plaintiff’s illness. In order to avoid devoting resources to continuing litigation through the appeals process, the parties have entered in a confidential settlement.”

According to Colgate-Palmolive’s 2015 quarterly report, the company faces 23 additional talc and asbestos lawsuits from plaintiffs in California, New York, New Jersey, Illinois, Maryland, South Carolina, Delaware, Washington D.C., and Wisconsin.

The company’s attorneys “believe these cases are without merit and intend to challenge them vigorously.” 

Second-Hand Talcum Powder Asbestos Exposure Lawsuit

On January 7, 2016, Wisconsin resident Steven P. Schultz and wife Kimberly Schultz filed a lawsuit against several companies. They claimed second-hand asbestos exposure from his mother’s talcum powder caused Steven to develop mesothelioma.

The case was filed not only against Colgate-Palmolive but also against Coty, Inc., Cyprus Amax Minerals, Metropolitan Life Insurance Company, Pfizer, Inc., and Whittaker Clark & Daniels, Inc.

The plaintiffs claim that Steven Schultz’s mother used the talcum powder (Cashmere Bouquet) throughout the 1960s and 1970s, as well as Coty Airspun Face Powder from the late 1960s until the 1980s.

In turn, Steven Schultz alleged that second-hand exposure to asbestos in the products caused him to develop mesothelioma. He’s now seeking damages for mental and physical anguish, permanent disability, loss of enjoyment of life, loss of earning capacity, and medical bills.

Kimberly Schultz is seeking damages for deprival of pecuniary benefits, mental stress, spousal support, and household support.

Talc Suppliers Lawsuit

Talc suppliers also faced mesothelioma lawsuits. For instance, in 2013, talc supplier Whittaker, Clark & Daniels lost a lawsuit to a New Jersey woman who developed mesothelioma via second-hand after her father came home in asbestos-ridden work clothes. The plaintiff was awarded $2 million.

Big Wins Against Johnson & Johnson

In recent years, Johnson & Johnson has faced many of the most significant lawsuits over asbestos and talcum powder. In 2016, the family of Jacqueline Fox sued the company over her death from ovarian cancer. The jury awarded them $72 million for the wrongful death.

In 2021, the Supreme Court upheld a $2 billion verdict against Johnson & Johnson. The case involved 22 women who developed cancer after using their products for decades. The company tried to appeal the jury verdict but lost.

How to Know if You Have a Talcum Powder Mesothelioma Lawsuit

If you’ve developed mesothelioma and you think talcum products might have caused it, contact an experienced mesothelioma attorney.

Mesothelioma lawsuits are complex and intricate, and a lawyer who is experienced in this sort of litigation will be able to direct you. Remember to keep copies of all of your medical documentation, which will make the process of determining if you have a case run more smoothly.

In general, however, if you’ve developed mesothelioma using talcum powder products, you more than likely have a valid case.

Time Limitations on Talcum Powder Lawsuits

Another important aspect to remember is that if you think you may have developed mesothelioma from talcum powder, you’ll need to consult with an attorney as soon as possible.

Each state in the U.S. has its own statute of limitations for mesothelioma cases, meaning that you have a certain amount of time from the day you were diagnosed with the disease. Statutes of limitation range from one year to six years from the day you received the mesothelioma diagnosis.

Compensation for Talcum Powder Lawsuits

It’s difficult to determine exactly how much compensation you’re entitled to for your case. Several things factor into the total damages, including how long you’ve lived with mesothelioma, the stage of the disease, your age, how you were exposed, the state you live in, and more.

So far, however, as seen in past talcum powder lawsuits verdicts, the compensation tends to be generous.

Compensation will also depend upon whether you settle your case or take it to trial.

Whereas most mesothelioma lawsuits are handled out of court, sometimes, such as a Colgate-Palmolive case, the defendant would rather fight the charges instead of owning up to their responsibility.

Settlements typically have a lower payout than trials, but at the same time, you have assured a victory, and the process is over quicker.

Trials, on the other hand, take longer than settlements, and there is no guarantee of victory. Yet, verdicts rendered in the plaintiff’s favor after a trial usually result in a high compensation payout.

Additional Help and Resources for Talcum Powder Mesothelioma Victims

If you’ve been diagnosed with mesothelioma or asbestos-related lung cancer, it’s important to understand your choices, legal rights, and medical options. You may be entitled to compensation for mesothelioma treatments, lost wages, physical pain, emotional suffering, and much more. Don’t forget to fill out our form to get our free Financial Compensation Packet, filled with information on seasoned asbestos and mesothelioma attorneys. If you need additional assistance, feel free to contact us at 800-793-4540.