Appeals Court Upholds Theory That Even Microscopic Particles of Asbestos Can Cause Cancer And Mesothelioma
Plaintiffs need not quantify the amount of asbestos they have been exposed to as even one microscopically small particle can cause cancer
Saturday, May 29, 2021 - A recent jury decision against a lesser-known talcum powder manufacturer and the mining company that sold it to them may lend new insight to the Johnson‘s Baby Powder asbestos cancer trials that could be coming as early as next month. More than 25,000 plaintiffs, mostly women with ovarian cancer, have filed lawsuits that allege that, among other things, using Johnson‘s Baby Powder for feminine hygiene on their genitals caused their ovarian cancer, a virtual death sentence. Visit talcum powder cancer lawsuit to learn more.
A recent court case confirmed that any amount of asbestos can kill. Francis Nemeth, now deceased, years ago had won a lawsuit against Shulton, Inc. (Shulton), the manufacturer of Desert Flower Talcum Powder (Desert Flower), and their asbestos supplied Whitaker, Clark & Daniels, Inc. (Whitaker). Nemeth‘s estate was awarded $15 million and her husband $1,5 million for the loss of consortium. Responsibility for the damage was apportioned 50-50. The appeal of the jury‘s decision was based on the theory of specific causation, meaning that attorneys had failed to quantify the level of asbestos exposure the plaintiff experienced, despite a plaintiff expert witness with expertise in talc and asbestos said there was sufficient exposure. According to JDSupra.com, "At trial, Plaintiff‘s geologist, Sean Fitzgerald, testified that the talc sold by Whitaker to Shulton was regularly and consistently contaminated with releasable asbestos. He also tested a vintage sample of Desert Flower and concluded that the number of released asbestos fibers from Desert Flower was several orders of magnitude higher than that found in ambient air." Health, baby, and beauty care product manufacturers claimed that they used talc in their products that were considered "cosmetics grade" by the manufacturer. This designation was given as representing purity because only a microscopically small amount of asbestos could be found in the batch of talc sampled. The theory that small amounts of asbestos were safe has been blown out of the water by experts working for the Food and Drug Administration, and also independent cancer experts and researchers that have concluded there is no safe level of asbestos and a microscopic particle can lead to cancer and mesothelioma. The US Food and Drug Administration (FDA) has found asbestos in bottles of Johnson‘s Baby Powder they tested.
Cancer.org describes the hideous disease. "Ovarian cancer ranks fifth in cancer deaths among women, accounting for more deaths than any other cancer of the female reproductive system. A woman‘s risk of getting ovarian cancer during her lifetime is about 1 in 78. Her lifetime chance of dying from ovarian cancer is about 1 in 108." One reason ovarian cancer is so deadly is that the pain, bleeding, and bloating symptoms associated with the early stages of ovarian cancer is disguised as a woman‘s natural menstrual discomfort and not recognized as the deadly disease until it has metastasized (spread) and become more difficult to treat.
