New York, NY, April 7, 2017 – Levy Konigsberg achieved a $16.5 million verdict against a cosmetic talc distributor in the first-of-its-kind trial on behalf of a Long Island peritoneal mesothelioma victim who used cosmetic talc from approximately 1960 to 1971. The trial marks the first time a woman with peritoneal mesothelioma has been awarded a verdict against a cosmetic talc defendant.
A trial team from Levy Konigsberg, including Nick Novack, represented the plaintiff, who was 69 when she died from peritoneal mesothelioma after a 40-month battle with the asbestos-related cancer. Peritoneal mesothelioma is a cancer of the abdominal cavity caused by exposure to asbestos.
The sole defendant at trial, Whittaker Clark & Daniels, distributed cosmetic talc to a product manufacturer, Shulton, Inc., who made the product the plaintiff used, Desert Flower Dusting Powder. During the trial, the plaintiff’s evidence suggested that cosmetic talcum powder products sold in the 1950s-1970s contaminated with asbestos may account for mesotheliomas among women who did not work with asbestos-containing products.
After a six-week trial, the jury determined that Whittaker Clark & Daniels was negligent for failing to warn of the hazards of asbestos contaminating its cosmetic talcum powder. The jury assigned 50% of the total liability to Whittaker Clark & Daniels, making the talc distributor responsible for $8.25 million of the total verdict.
The defendant, Whittaker Clark & Daniels, opened its doors in New York City in 1890, and was a distributor of cosmetic talcum powder to various manufacturers, including the maker of Desert Flower Dusting Powder, Friendship Garden, Old Spice, and others.
Levy Konigsberg’s Cosmetic Talc Litigation Department also achieved a $7 million verdict against Whittaker Clark & Daniels in 2015 on behalf of a woman with pleural mesothelioma who also used Desert Flower.
You can read more about this verdict here.