Companies & Asbestos

Consumer Watchdog Says Popular Crayons Contain Deadly Amounts of Asbestos

October 7, 2018 | Throneberry Law Group

A consumer watchdog group recently released a report detailing how several popular brands of various school supplies may contain harmful levels of various toxins, including asbestos, which is known to cause deadly forms of cancer. Specifically, the report from the U.S. Public Interest Research Group (U.S. PIRG) claims Playskool brand crayons test positive for deadly amounts of asbestos and the group demands the manufacturers pull the products from shelves and send warning letters to parents who may have purchased the supplies for children.

According to the consumer protection report issued by the U.S. PIRG, detailed lab results showed 36-pack Playskool crayons manufactured by Leap Year under license from Hasbro contained asbestos contaminated talc. The group claims the crayons were purchased from a Chicago-area Dollar Tree retail store but the same types of crayons are available from many major retailers and online. Other school supplies tested by U.S. PIRG showed products ranging from markers to water bottles contained disturbing amounts of other known carcinogens.

While talc does not contain asbestos itself, the two are both naturally occurring minerals often found in deposits side by side. Since the 1970s, federal regulations have required talc to be asbestos-free, but if manufacturers and their suppliers do not exercise due care, asbestos can contaminate the talc and put innocent people at risk. Right now, thousands of people across the country have filed lawsuits alleging talc-based products produced by some of the country’s largest corporations caused their mesothelioma cancer diagnosis.

Researcher in Talcum Mesothelioma Cancer Trial Testifies Talc Contained Asbestos

September 29, 2018 | Throneberry Law Group

A prominent asbestos researcher recently gave testimony in an asbestos mesothelioma cancer trial claiming that trace amounts of asbestos have been detected in talc sourced from mines in Vermont and Italy used in Johnson & Johnson products. That expert gave his testimony on behalf of a mesothelioma cancer patient who sued Johnson & Johnson over claims the company knew for decades about asbestos contamination in its talc-based products but refrained from placing any warning on product labels.

The case is the sixth such asbestos cancer lawsuit to go to trial against pharmaceutical and cosmetics giant Johnson & Johnson, with some naming its talc supplier Imerys USA as a co-defendant, blaming the company for causing mesothelioma. The plaintiff in this case filed her claim in Los Angeles County Superior court and named, among other defendants, Johnson & Johnson, Chanel, and their supplier Imerys.

Johnson & Johnson faces thousands of other lawsuits across the country by plaintiffs who claim they also developed various forms of cancer related to using talc-based products developed and sold by the company for decades. Recently, a Missouri jury awarded a group of 22 plaintiffs a total of $4.69 billion in compensatory and punitive damages for their asbestos cancer diagnosis that was caused by talc products marketed and sold by Johnson & Johnson. That very same verdict was also upheld by the trial court judge, clearing a major legal hurdle for plaintiffs trying to be made whole again.

New Jersey Supreme Court Ruling Holds Insurers Liable for Asbestos Claims

September 28, 2018 | Throneberry Law Group

The New Jersey state Supreme Court recently handed down a significant ruling that will have an important impact on asbestos cancer litigation in the state and potentially nationwide for claims against Honeywell International and other asbestos companies. The ruling centers around the insurance many of these asbestos companies retain in order to shield themselves financially from verdicts and settlements in mesothelioma cancer lawsuits for claims related to asbestos-contaminated products.

In its decision, the New Jersey Supreme Court affirmed lower state court rulings holding that a policyholder is not required to contribute in the allocation of insurance liability for periods when the relevant insurance coverage was unavailable to that policyholder in the marketplace. What this means is that insurance companies indemnifying asbestos companies may still be on the hook for legal bills even if the manufacturer did not have continuous coverage from the insurance company in question during the time the defective products were manufactured.

The case arose because Honeywell International, which once manufactured brake pads with asbestos in them, sought coverage from its carrier, Continental Insurance Company, for thousands of mesothelioma cancer claims brought against it. Continental attempted to avoid paying the claims, arguing that Honeywell International did not have coverage during the time periods in which the company manufactured the asbestos-laden products that brought on the lawsuits.

Pennsylvania Mesothelioma Lawsuit Settles During Trial

September 26, 2018 | Throneberry Law Group

Justice recently came for the widow of a former auto mechanic who passed away after a battle with mesothelioma brought on by years of exposure to asbestos fibres while working at a large chemical company his estate claimed was responsible for the cancer diagnosis. The settlement came during the middle of a trial in a Philadelphia court, allowing the defendants to end the litigation without having to disclose the terms of the resolution or admit fault for manufacturing the asbestos-contaminated materials that caused the victim to become sick.

According to the asbestos cancer lawsuit, filed in the Philadelphia County Court of Common Pleas, the victim worked in a Gulf Oil Gas Station in South Fork from 1957-1958 performing various auto repairs with asbestos-containing brake shoes. The deceased also worked for chemical company Rohm & Haas from 1959-1997 at its Bristol facility as well as its Bristol and Croydon plants where he was allegedly exposed to asbestos fibers in thermal insulation contained on piping, kettles, boilers, valves, pumps, turbines and other equipment.

Asbestos was once commonly used in a variety of industrial, commercial, and military applications for its heat-resistant and malleable properties as an insulation. Unfortunately for workers and installers, the material is also carcinogenic and directly linked to developing the deadly cancer, mesothelioma.

How would I know if I have been exposed to asbestos?

August 14, 2018 | Throneberry Law Group

Asbestos is a naturally occurring, fibrous mineral which was widely used for insulation and fire resistant materials in construction, ship building, and automobile parts. It is a material used due its strength and ability to insulate and resist heat, electricity, and chemical attack.

The U.S. Environmental Protection Agency banned some uses of asbestos back in 1973¹. However, it remains inside millions of buildings and homes today. It still continues to be used in some products imported from outside the country, such as clutches for vehicles and brake pads.

Asbestos is fibrous, and when these needle-like particles are dislodged and become airborne, they are inhaled into the lungs, where they become embedded in the lining of the lungs, creating irritation and eventually, cancer. People also can be exposed by swallowing the fibers. Generally, those exposed to asbestos develop cancer within the first 15 years of being first exposed, according to the American Cancer Society².

Connecticut Chemical Company Settles Asbestos Cancer Lawsuit

April 2, 2018 | Throneberry Law Group

More than five years after filing an asbestos cancer lawsuit on behalf of her deceased husband, a New York woman has finally received justice on his behalf after the defendants in the case agreed to settle the matter. The resolution to the mesothelioma cancer lawsuit came after three days of jury selection in a St. Lawrence County Court. Opening arguments were slated to begin the day of the settlement.

According to the mesothelioma lawsuit, the victim worked at Jones & Laughlin Steel Co. in Star Lake and at Gouverneur, New York and developed his disease after years of exposure to asbestos contained in talc products distributed by the defendants. The defendants included R.T. Vanderbilt Co. Inc. which operates a minerals division manufacturing facility in Gouverneur, and Newton Falls LLC.

The lawsuit accused R.T. Vanderbilt Co and other defendants of knowingly engaging in the sale and distribution of minerals that were contaminated with asbestos, a flaky white mineral that is directly linked to causing mesothelioma. Although rare, mesothelioma is a deadly form of cancer that commonly affects the thin linings of tissue surrounding vital organs like the lungs and abdominal cavity.

Group finds asbestos in more Claire’s make-up products

March 28, 2018 | Throneberry Law Group

Asbestos-containing make-up continues to be a subject that won’t go away, and it shouldn’t until no traces of this cancer-causing mineral are found in consumer products, especially those geared toward children.

The latest development on this topic once again shined a spotlight on Illinois-based Claire’s Stores – a fashion accessories chain with stores throughout U.S. shopping malls. In February, the watchdog group U.S. Public Interest Research Group (U.S. PIRG) conducted tests on 15 cosmetic products that contained talc, and were made by four different companies.

Three Claire’s products contained asbestos

New Jersey Appeals Court Revives Asbestos Cancer Lawsuit Against Scotts Turf Builder

March 19, 2018 | Throneberry Law Group

A panel of judges for the New Jersey Superior Court’s Appeals Division recently revived a lawsuit brought on behalf of a man who claimed he developed mesothelioma from years of exposure to asbestos in lawn fertilizer made by Scotts. As part of their ruling, the three-judge panel determined that the lower trial court erred when it failed to reverse its order granting summary judgement to the defense after new evidence came to light. With that order, the plaintiff has hope that the trial court will grant it the opportunity to convene a new trial and give the plaintiff a chance to recover the vital compensation necessary to be made whole again.

The case began in July 2012 when a man from Wayne, New Jersey filed suit against Scotts, claiming that from 1967 to 1980 he was repeatedly exposed to asbestos contaminated vermiculite contained in the company’s Turf Builder lawn fertilizer. The mesothelioma cancer lawsuit claimed that the vermiculite Scotts manufactured its Turf Builder with was sourced from a now infamous mine in Libby, Montana, which is the root of hundreds and potentially thousands of other lawsuits against the mine’s former owner.

As the case made its way through the civil lawsuit process, the trial judge hearing the case dismissed the testimony of four expert witnesses for the plaintiff who would have testified to the victim’s claims that Scotts Turf Builder contained asbestos. As a result, the defendants successfully argued a motion for summary judgement in January 2014, which effectively threw out the case and left the plaintiff with limited access to justice.

Children’s Makeup Recalled Due To Asbestos Concerns

January 16, 2018 | Throneberry Law Group

A parent purchasing a fun item for their child expects it to be safe. That’s why many were shocked to hear that about a retail chain store recently recalled several products after concerns about asbestos were brought to light.

Claire’s Stores Inc. recalled at least nine make-up items last month from their shelves following claims that some of their children and teen products contained traces of asbestos. A concerned Rhode Island mother voiced the concern that was confirmed by a lab test. She also happens to be an employee of a law firm that deals with asbestos-related cases.

The mother says that she decided to take some of the makeup she had bought for her daughter to a lab for testing, and to her surprise, the glittery makeup had traces of asbestos. Asbestos is a dangerous substance that known to cause cancer. If inhaled or swallowed, the detected asbestos can lead to both lung damage and cancer. This type of asbestos is also known to cause mesothelioma, a deadly form of cancer.

Colgate-Palmolive settles claim linking asbestos to its talcum-powder

November 14, 2017 | Throneberry Law Group

Colgate-Palmolive Co. will avoid going to trial in a New Jersey state courtroom as they agree to settle a lawsuit linking asbestos to its talcum-powder.

Carol Schoeniger, a Pennsylvania woman filed a lawsuit against the New York-based company claiming its talcum-powder caused her to develop mesothelioma, a rare form of cancer caused by asbestos exposure. The financial terms of the settlement have not been made public.

This is not the first claim that talc users have made against the brand. Colgate-Palmolive has resolved 43 cases and is currently facing 170 cases in which accusers allege they were sold asbestos-laced powder.