Another Mesothelioma Talc Case Headed to Philadelphia Courts
Yet another high-profile talcum powder asbestos case is coming to the courts, this time to Philadelphia, where Brandt vs. Bon-Ton Stores is in its early stages. Attorneys for the plaintiff say the case “may set a pattern for a growing area for tort claims.”
Sally Brandt was a regular user of Johnson & Johnson’s (J&J) Cashmere Bouquet talcum powder. From the years 1954 to 1970, the plaintiff claims that she used the powder in her genital area.
But, unlike the plaintiffs in many of the cases that have already hit the courts, Brandt didn’t develop ovarian cancer. She developed mesothelioma, a cancer that most often affects the pleura – the lining of the lungs.
That’s what makes this one so different from the rest.
“The high-profile talc claims against J&J mostly deal with ovarian cancer, and more than 1,300 cases have been brought in Missouri state court.
An additional 426 cases are pending in a multidistrict litigation in the U.S. District Court for the District of New Jersey,” explained an article in the Legal Intelligencer.
New Jersey is home to Johnson & Johnson.
Because Brandt has mesothelioma, this case is more easily classified as asbestos litigation, adds the author of the article.
Brandt vs. Bon-Ton Stores will be likely the first talc case to hit the trial phase in Pennsylvania.
Attorney Edward Nass, who is not involved in this suit, confirmed that fact, he says that given the information uncovered about talc and its dangers over past several years, attorneys who represent clients with mesothelioma are increasingly curious about talc and how or if it may have affected their clients.
“When our firm is interviewing a mesothelioma victim, we’re asking about traditional asbestos exposure, and we’re also asking about talc exposure, because we now know it’s another potential source for the client’s illness,” Nass said. “It’s a much more germane issue, and I think most, if not all, experienced asbestos attorneys are looking at talc as another source for the person’s mesothelioma.”
It will be interesting to watch the details of the Philadelphia case – which is set to begin within the next month – unfold.
No doubt the plaintiff and her attorneys will be wondering if perhaps they will be the next in line to receive a large settlement from J&J, which allowed asbestos-tainted talc into its powders, even though higher-ups at the personal care product company knew asbestos was dangerous and knew that the talc they purchased may have been contaminated.
The largest talc-related awards thus far include one for $18 million in Los Angeles (October 2016) and, just a few months ago, an award of $16.5 million decided by a New York jury.