Case details
Woman claimed talcum powder exposed her to asbestos
SUMMARY
$13033000
Amount
Verdict-Plaintiff
Result type
Not present
Ruling
KEYWORDS
cancer, loss of consortium, mesothelioma, tumor
FACTS
In January 2014, plaintiff Judith Winkel, 71, was diagnosed with mesothelioma. Winkel claimed that she developed the cancer from using Colgate-Palmolive’s Cashmere Bouquet talcum powder product from approximately 1960 until the mid-1970s. Winkel sued Colgate-Palmolive Co., Calaveras Asbestos Ltd., and several other companies. Winkel alleged that the defendants were strictly liable, and brought legal claims of consumer expectations, risk/benefit, failure to warn, manufacturing defect, and negligence. Several of the defendants were dismissed or settled out of the case. Calaveras Asbestos participated in the trial during the plaintiff’s affirmative case and then had a motion for non-suit granted by the judge at the close of plaintiffs’ evidence. Thus, at the time of verdict, only Colgate-Palmolive remained in the case. Plaintiff’s counsel provided evidence that Colgate-Palmolive knew about the hazards of asbestos as early as the 1930s, but that it failed to investigate whether its Cashmere Bouquet powder was contaminated with asbestos. Counsel argued that Colgate-Palmolive should have investigated its Cashmere Bouquet powder because talc products are commonly known to contain asbestos because of the close relationship between the two minerals geologically. Plaintiff’s counsel further argued that Colgate-Palmolive knew the product contained asbestos (tremolite, anthophyllite and chrysotile) when it tested its products in the 1970’s, but that it failed to disclose the results to the public. Thus, counsel contended that Colgate-Palmolive misled the U.S. Food and Drug Administration about its results. Colgate-Palmolive marketed and sold Cashmere Bouquet talcum powder for over 120 years before divesting the brand in 1995. Thus, defense counsel denied that the product caused Winkel’s mesothelioma., In January 2014, Winkel was diagnosed with diffuse malignant pleural mesothelioma, which is an aggressive, incurable cancer that develops on the lining of the lungs and which often stems from exposure to asbestos. She underwent a number of biopsies and a thoracentesis to drain out fluid created by the tumor. She also underwent radiation treatments and interferon maintenance therapy. In addition, Winkel underwent a pleural tumor decortication, a major surgery designed to increase life expectancy for a few months to a year. Thus, Winkel sought recovery of past medical costs, past and future loss of compensation, and loss of household services and Social Security. Her husband, John Winkel, sought recovery of damages for his loss of consortium.
COURT
Superior Court of Los Angeles County, Los Angeles, CA
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INJURIES:
- anxiety
- brain
- brain damage
- brain injury
- cognition
- depression
- epidural
- extradural hematoma
- face
- facial bone
- fracture
- head
- headaches
- hearing
- impairment
- insomnia
- loss of
- mental
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- psychological
- scapula
- sensory
- shoulder
- skull
- speech
- subdural hematoma
- tinnitus
- traumatic brain injury
- vision
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