Jury Awards Plaintiff $12.4 Million Talcum Powder Cancer Award
Talcum powder manufacturer Colgate-Palmolive was ordered to pay more than $12 million to a plaintiff who accused the company of contributing to her contraction of mesothelioma with its talcum powder products.
Monday, July 6, 2015 - A two-week trial that took place in the Los Angeles Superior Court has awarded the plaintiff a $12.4 million dollar award in response to her claims that the talcum powder she used from 1961-1976 caused the mesothelioma she was diagnosed with in 2014. The decision, ruled to be paid by defendant Colgate-Palmolive, was the first against the manufacturer regarding the link between talcum powder and cancer.
The jury found that Colgate-Palmolive was 95 percent responsible for the cancer that developed within the plaintiff, with other companies' product possibly contributing to the cancer accounting for the final five. The specific claims filed against the defendant were design defect, failure to warn, manufacturing defect, and negligence liability.
The cancer allegedly developed from asbestos contained in the talcum powder manufactured by the defendants. Before 1973, the federal government did not require talcum powder to be manufactured asbestos-free. This led to consumers being put in harm's way if they used the product as it brought with it an increased risk of cancer. Lawsuits such as the one filed in Los Angeles may come long after the plaintiff stops using the tainted talcum powder, but the claims still stand as mesothelioma has a dormancy period that can span decades.
Talcum powders that contained asbestos at the time the plaintiff claims to have used the product were mined from reserves that contained asbestos naturally. The FDA finally limited the amount of asbestos allowed in commercial talcum powders in 1973, however the agency hasn't fully regulated the product in response to its cancer-causing components. Litigation around the country continues to take aim at the manufacturers of talcum powder and the irresponsible nature in which they deal with the research linking the product to cancer.
Lawsuits focusing on the connection between talcum powder and cancer have been filed around the country as further studies have linked the two together even in the absence of asbestos. Hundreds of lawsuits, many based in New Jersey and St. Louis, have been filed against manufacturers of talcum powder for being aware of the harmful side effects of talcum powder and failing to adequately warn consumers.
The most common complaint being filed currently is the link between talcum powder and ovarian cancer, with some studies, including one published by the journal Cancer Prevention Research, reporting a 30 percent increase in risk of developing ovarian cancer when one uses talcum powder. Recent talcum powder research conducted by the Gates Study and Harvard have also both found a link between talcum powder and cancer, though manufacturers continue to deny the connection.
The research has repeatedly concluded that the talc substance from the product can accrue in a woman's ovaries and over time contribute to the development of ovarian cancer. Any increase in the risk of contracting ovarian cancer is also significant because the disease is usually diagnosed late in its development. This is a large reason why ovarian cancer, while not statistically common, is the deadliest form of gynecological cancer for women.
More than 700 talcum powder lawsuits are currently pending throughout the U.S., with more expected to be added to the ongoing litigation as information from the cases spreads to other talcum powder consumers.
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