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New York Court Allows Plaintiff’s Clubman Talcum Powder Cancer Lawsuit to Proceed

A New York court recently denied an attempt by the defendant in a talcum powder mesothelioma cancer lawsuit to have the case dismissed, which paves the way for the plaintiffs to have their day in court and seek justice for the harm caused by the defendant’s alleged negligence. In its ruling, the court denied defendant Whittaker Clark and Daniels’ motion for summary judgement to dismiss the claim, as well as denying the company’s bid to have claims of potential punitive damages thrown out.

According to the plaintiff’s mesothelioma cancer lawsuit, filed in New York County Supreme Court, the victim developed mesothelioma for exposure to asbestos fibers in talcum powder products manufactured by defendant Whittaker Clark and Daniels. The plaintiff claimed that during his time working as a barber in New York City from 1961 until he retired in 2016, he frequently breathed in talcum powder dust from the Clubman talc he applied to clients, which he alleges the defendant knowingly manufactured with asbestos fibers.

In its motion to dismiss the case, the defendant alleged that the plaintiff’s mesothelioma diagnosis was not caused by exposure to talc in Whittaker Clark and Daniels’ Clubman talcum powder, but instead by exposure to asbestos in the victim’s native Italy where he lived until he was 25 years old until he immigrated to the United States. Specifically, the defendants claimed that the victim was exposed to asbestos in quarries found in Sicily, Italy. Countering that argument, the plaintiff’s lawyers contended that the victim lived almost 15 miles from the sites in question.

While talc, which is the main ingredient in talcum powder products like the Clubman product in question, does not contain asbestos itself, the two are both naturally occurring minerals that can often be found in deposits side by side one another. Because of this, companies sourcing and processing talcum powder need to take appropriate safety protocols into consideration to ensure that cross contamination does not occur and put innocent people at risk for developing serious asbestos-related health conditions. Currently, pharmaceutical and cosmetics giant Johnson & Johnson faces an estimated 19,000 talcum powder asbestos cancer lawsuit brought by plaintiffs who claim they developed various forms of cancer, including mesothelioma, from using the company’s Baby Powder product.

Perhaps the most serious condition associated with exposure to asbestos is developing mesothelioma, a rare and deadly form of cancer that commonly affects thin linings of tissue surrounding the lungs, heart, and abdominal cavity. Because of the 20-to-50-year latency period associated with the disease, many patients do not receive a mesothelioma diagnosis until their treatment options are severely diminished.

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If you or a loved one was diagnosed with mesothelioma, contact our office to speak to one of our experienced mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help you and your family live a more comfortable life.

 

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