A New York Supreme Court recently handed down an important ruling allowing a female plaintiff’s asbestos cancer lawsuit against cosmetics and pharmaceutical company Colgate-Palmolive to continue. The ruling comes after the court made a legal determination that it did in fact have jurisdiction in the case, potentially paving the way for other similar lawsuits in the state to be heard.
According to the lawsuit, filed in New York Supreme Court for New York County, the victim used talc-based products like Cashmere Bouquet manufactured and sold by Colgate-Palmolive on almost a daily basis in New York from 1979 through 1985. The lawsuit claims the plaintiff sometimes used the products more than once a day, even using so much talcum powder that the room she was in would become dusty, forcing her to sneeze.
The plaintiff claims that the Colgate-Palmolive talcum powder products she used were contaminated is carcinogenic asbestos and that she developed a serious form of lung cancer as a result of the asbestos exposure. The asbestos cancer lawsuit goes on to claim that despite knowing fully well about the potential dangers its talc-based products could pose to innocent consumers, the company decided against placing any warning labels alluding to the risks, including developing mesothelioma.
Lawyers for Colgate-Palmolive attempted to defeat the lawsuit and have a judge throw out the case before a jury of the plaintiff’s peers could have a chance to hear the claim and decide whether or not the defendant was negligent in its conduct. The defendants argued that because they were incorporated in Delaware and the source of the talc came from outside the state, as well, that New York was not the proper venue for the claim to be heard.
The Supreme Court of New York County denied the motion on the grounds that because both companies did business in the state and for a minimum of six years the parties “sold talc and shipped it to Colgate-Palmolive in New York on a continuous basis,” the claim could proceed. The case is another example of the depths some defendants will stoop in order to skirt liability for the corporate greed that has caused so much harm to so many innocent people.
Across the country, thousands of plaintiffs have filed their own talcum powder asbestos cancer lawsuits against pharmaceutical and cosmetics companies. By filing an asbestos cancer lawsuit, victims can recover compensation for past and future medical bills, lost wages, physical pain and suffering, emotional distress, and other damages caused by the defendant’s indifference to public safety.
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If you or a loved one were 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 pay for your medical treatment to help you and your family live a more comfortable life.