Asbestos & Mesothelioma Law Blog
For purposes of this article, the mesothelioma victim in this case will be referred to as Mrs. S.R., and the victim’s daughter will be referred to as Mrs. H.F.
In a recent case, the Superior Court of Pennsylvania rejected the appeal of AII, one of the defendants in the original mesothelioma case, and affirmed a $400,000 compensation award. However, instead of assigning AII half of the verdict, the court distributed liability among AII and two other defendants. Below is more on this case.
In 2019, Mrs. S.R. died of malignant mesothelioma. Mesothelioma is a form of cancer that forms in the lining of the chest or abdomen, whose prognosis is often poor. This illness is most commonly associated with asbestos exposure. Asbestos is a mineral that was once widely used in several industries due to its attractive qualities. After Mrs. S.R.’s death, her daughter H.F. filed a legal claim against the entities she blamed for her mother’s illness. Mrs. H.F. blamed her mother’s mesothelioma on the talcum powders she used in her salon between the 60’s and 80’s. According to the lawsuit, the talc in the powders contained asbestos. The lawsuit named several defendants, including the manufacturers of Jean Nate, Jeris, and Clubman and AII, the successor to Clubman.
As is expected in mesothelioma cases, one of the defendants, specifically AII, filed a motion with the court arguing that Mrs. H.F. had not shown that her mother developed mesothelioma because of the use of Clubman. The jury hearing the case at that time disagreed with AII and found that Clubman and other talcum powders were to blame for Mrs. S.R.’s mesothelioma. The defendants were ordered to pay $400,000 in compensation. The daughter was awarded more damages after post-trial motions caused delays. The court ordered the amount to be split equally among four defendants. AII was declared responsible for two of the four.
AII filed an appeal and argued that there was not enough evidence that Clubman caused Mrs. S.R.’s mesothelioma. The defendant also claimed that there was no evidence to show that Clubman contained asbestos-contaminated talc. The Appellate court upheld the original verdict on the grounds that the testimonies of experts and a sales agent had confirmed that Clubman contained asbestos-contaminated talc.
However, while the court affirmed the original award, it acknowledged that it needed to reassess the allocation of responsibility among the defendants. The court recognized that assigning AII half of the verdict was unfair and opted to reapportion the compensation among AII and two other defendants.
This decision sends a powerful message to companies prioritizing profits over consumers’ safety. It serves as a deterrent against future company negligence and misconduct. This decision assures mesothelioma victims and their families that courts are committed to holding accountable those entities responsible for endangering people’s lives. This decision gives hope to mesothelioma victims and their families that justice can and does prevail.
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If you or a loved one were diagnosed with mesothelioma, contact our office to speak to one of our experienced nationwide mesothelioma attorneys about your situation. Our office can help investigate your case and determine if compensation can be sought from negligent parties to help pay for your medical treatment to help you and your family live a more comfortable life.