Mesothelioma Legal Blog

The U.S. Food and Drug Administration (FDA) recently proposed a new rule to enhance the safety of cosmetic products containing asbestos. The rule, titled “Testing Methods for Detecting and Identifying Asbestos in Talc-Containing Cosmetic Products,” seeks to mandate standardized testing procedures to identify the presence of asbestos, a known carcinogen, in these products. Talc is a mineral commonly used in cosmetics for its moisture-absorbing properties and smooth texture. However, since talc deposits are often geologically close to asbestos, they can easily become contaminated with asbestos fibers.

For purposes of this article, the deceased mesothelioma victim in this case will be referred to as A.B., and her sister will be referred to as L.W. In a recent case, a New York court allowed jury selection to move forward in a case linking Vanderbilt Minerals’ talc mining operations to a mesothelioma diagnosis. The case involves A.B., a woman who died of mesothelioma over two years ago. Her sister, L.W., filed the lawsuit on her behalf. The court’s decision to allow the jury selection process to begin means that the case will proceed to a full trial instead of being dismissed at an early stage.

Asbestos is a white, flaky mineral used for its heat resistant properties in various industries including construction, pipe fitting, shipbuilding, and as an insulation. While its physical properties and low cost make it ideal for use in many industrial applications, the mineral is extremely toxic and has a causal link to developing mesothelioma. Asbestos companies and manufacturers using the material knew about the dangers associates with it but continued using it for years.

For purposes of this article, the mesothelioma victim in this case will be referred to as D.C. In a recent court decision, a Florida jury awarded $18 million to D.C., a woman diagnosed with peritoneal mesothelioma. This rare form of cancer affects the lining of the abdomen and abdominal organs, known as the peritoneum. When Ms. D.C. filed her lawsuit, she named multiple companies as defendants. However, only one defendant went to trial: Hennessy Industries, a brake grinder manufacturer. After listening to the facts of the case, the jury awarded D.C.

A recent analysis published in the Annals of Surgical Oncology determined that peritoneal mesothelioma patients who underwent surgery had a far better survival rate compared to those who did not have surgical intervention to treat their cancer. The study analyzed the survival rates of over 2,000 patients diagnosed with peritoneal mesothelioma between 2003 and 2014 and found that for those who underwent “radical” surgery, the survival period was up to five times longer than those who did not.

For decades, asbestos was widely used in the manufacturing and construction industries. Today, many people are still dealing with the health consequences of asbestos exposure. Asbestos exposure is the only known cause of mesothelioma. Because mesothelioma takes decades to show symptoms, new cases continue to arise. Fortunately, those affected by mesothelioma have options for compensation, with the two most common paths being filing an asbestos trust fund claim or pursuing a lawsuit. While both can be beneficial, they work in different ways.