Case details

Plaintiff claimed malignant cancer caused by talc exposure

SUMMARY

$40137769

Amount

Verdict-Plaintiff

Result type

Not present

Ruling
KEYWORDS
cancer, mesothelioma
FACTS
In 2017, plaintiff Nancy Cabibi, 68, a retiree, was diagnosed with malignant pleural mesothelioma, which is an aggressive, incurable cancer that develops on the lining of the lungs and that often stems from exposure to asbestos. Cabibi claimed that her decades of using cosmetic talc, including Johnson’s Baby Powder and Shower to Shower, both of which were manufactured by Johnson & Johnson, exposed her to asbestos. She also claimed that she was exposed to asbestos in other medicated body powder products she used, such as Cashmere Bouquet, Coty, Perfect Purity and a non-talc Avon product. Cabibi sued Johnson & Johnson; Johnson & Johnson Consumer Inc.; Johnson & Johnson’s sole talc supplier, Imerys Talc America Inc.; Avon Products Inc.; Coty Inc.; the manufacturer of Cashmere Bouquet, Colgate-Palmolive Co.; the manufacturer of Perfect Purity, Davion Inc.; and various other companies that were believed to have manufactured, distributed and/or worked with asbestos-containing products to which Cabibi was allegedly exposed. Cabibi alleged that the defendants were negligent in the manufacturing and/or design of their respective products, and in failing to provide warnings that disclosed the hazards of asbestos exposure in their respective products. Cabibi’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. Several of the defendants settled out of the case or were otherwise dismissed prior to trial, and Cabibi’s complaint ultimately proceeded to trial against the Johnson & Johnson defendants only. Plaintiff’s counsel claimed that Cabibi never worked in any facilities, nor entered any facilities, that would have exposed her to asbestos. Counsel also contended that analysis of Cabibi’s tissue found tremolite and anthophyllite asbestos, which were allegedly both known contaminants of Johnson’s Baby Powder, as well as talc particles. Counsel further contended that Cabibi’s only known exposure to that type of asbestos was from her use of Johnson’s Baby Powder and Shower to Shower from 1968 to the time of her diagnosis in 2017. Plaintiff’s counsel argued that all of the exposures to asbestos Cabibi had during her lifetime contributed to the cause of her asbestos-related mesothelioma and that Johnson & Johnson was responsible for a majority of that exposure. Johnson & Johnson’s counsel contended that the amphibole minerals present in Johnson & Johnson’s talc products do not cause mesothelioma and that Cabibi’s mesothelioma could have been attributed to the fact that she grew up outside of downtown Los Angeles. in nearby South Gate, home to several industrial plants., Cabibi was diagnosed with pleural mesothelioma, which was determined to be malignant. She underwent a variety of medical procedures, including radical surgical intervention, chemotherapy, radiation and immunotherapy. She was 71 years old at the time of trial. Cabibi sought recovery of economic damages, including her past and future medical costs, and noneconomic damages for her past and future pain and suffering. Her husband of 37 years, Phil Cabibi, sought recovery for his loss of companionship. According to plaintiff’s counsel, the couple lived in Southern California for many years before eventually moving to Hauser, Idaho, to retire and travel the country in their recreational vehicle. However, the Cabibis only made one trip in their RV because Ms. Cabibi’s illness has prevented them from traveling.
COURT
Superior Court of Los Angeles County, Los Angeles, CA

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