Case details

Cosmetic talc did not cause mesothelioma, defense argued

SUMMARY

$0

Amount

Verdict-Defendant

Result type

Not present

Ruling
KEYWORDS
cancer, lung, mesothelioma
FACTS
In July 2017, plaintiff Robert Blinkinsop, 63, a retiree, was diagnosed with pleural mesothelioma, which is an aggressive, incurable cancer that develops on the lining of the lungs and that often stems from exposure to asbestos. Blinkinsop used Johnson’s Baby Powder, daily, for personal hygiene from 1977 to 1994. He also used it on his children from 1992 to 1996 as well as used the Shower to Shower talc product. Blinkinsop claimed that his cancer stemmed from his inhalation of asbestos fibers that was allegedly contained in the talc products. Blinkinsop sued the manufacturer of Johnson’s Baby Powder and Shower to Shower, Johnson & Johnson Consumer Inc.; a company that provided the talc that the products contained, Whittaker, Clark & Daniels Inc.; that corporation’s parent company, Brenntag North America Inc.; and other companies that were believed to have distributed, manufactured and/or sold asbestos-containing products that Blinkinsop utilized. Blinkinsop’s complaint was coordinated with hundreds of other cases that were pending in different counties that shared common questions of fact or law regarding direct and indirect exposure, and involved many of the same defendants. The cases were joined in one court, the Los Angeles County Superior Court. Many of those cases were put on hold while awaiting a decision regarding an appellate case involving indirect exposure. Blinkinsop’s complaint ultimately proceeded to trial against Johnson & Johnson only. Plaintiff’s counsel contended that Johnson & Johnson knew for decades that its talc contained asbestos, but that it did not warn or protect its customers. Counsel argued that as a result, Johnson & Johnson was negligent in the defective design and manufacturing of its talc products, and in its failures to warn its customers. Defense counsel contended that there is no asbestos in Johnson & Johnson talc products and that Johnson & Johnson’s talc did not cause Blinkinsop’s illness. Counsel also argued that Blinkinsop could have been exposed to asbestos while working on construction jobs., Talc and asbestos were found in Blinkinsop’s lung tissue, and he was diagnosed with pleural mesothelioma in July 2017. Blinkinsop attempted radiation, chemotherapy, immunotherapy and surgical procedures. He is currently undergoing chemotherapy again. However, his condition is terminal. Blinkinsop sought recovery of past and future medical costs, and damages for his past and future pain and suffering. His wife, Karen Blinkinsop, sought recovery for her loss of consortium.
COURT
Superior Court of Los Angeles County, Long Beach, CA

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