Chanel is facing a product liability lawsuit in New York state court and allegations that its after-batch talcum powder products contain asbestos. The lawsuit also claims that these caused a woman’s mesothelioma. According to a Law360 news report, the woman said she was diagnosed with mesothelioma and had used the Chanel talc-based products for 30 years, from 1961 to 1991, as part of her regular hygiene routine. Publix and Woolworth stores were also mentioned in the lawsuit, which alleged that the retailers knew asbestos was present in the talc, but failed to warn the public about its dangers.
The victim’s lawsuit alleges that Chanel’s products, even today, don’t contain adequate warnings or instructions that detail the heightened risk of mesothelioma when women use their products. The lawsuit states that the companies continue to market, advertise and sell the products leading women to believe that they are safe for use by women regardless of how they are applied.
Last week, Johnson & Johnson pulled all its talcum powder products from the markets in the United States and Canada. The company faces tens of thousands of lawsuits from women who allege that using their talc-based powders for feminine hygiene purposes over several years caused cancers such as ovarian cancer and mesothelioma.
Talc and Mesothelioma
Asbestos and talc are two minerals that occur naturally together. These minerals are similar in composition and develop together over time. Deposits of talc are commonly contaminated with asbestos and asbestos-like fibers. Asbestos is known to cause mesothelioma, a type of cancer that develops in the linings of the lungs, the abdomen or other vital organs.
In 1976, the Cosmetic, Toiletry and Fragrance Association, now known as the Personal Care Products Council, asked its members and the cosmetic industry at large to use only asbestos-free talc. But, no government regulations were put in place to ensure that this was implemented. While the U.S. Food and Drug Administration considers asbestos-contaminated talc as unacceptable for use in cosmetics, there are no federal laws prohibiting its use.
There has been significant research over the years, which has shown a link between talc use and various types of cancers including mesothelioma. In 2011, the International Agency for Research on Cancer (IARC) reviewed scientific evidence and confirmed that asbestos exposure causes ovarian cancer. The agency also found in 2010 that use of talcum powder in the perineal area is potentially carcinogenic to human beings. A 2016 study published in the journal Epidemiology found a 30% increased risk of ovarian cancer among women who used talcum powder for feminine hygiene.
According to the Mayo Clinic, people with mesothelioma may not experience symptoms for years or even decades after their exposure to asbestos. If mesothelioma is in the chest area (pleural mesothelioma), the symptoms may include, shortness of breath caused by the thickening of the lining around the lungs, buildup of fluid in the chest and chest pain. If the mesothelioma is in the abdominal area (peritoneal mesothelioma), the symptoms may include abdominal pain, abdominal swelling from fluid buildup and bowel obstruction. Other general symptoms may include weight loss, fatigue, problems with blood clotting and fever.
Compensation for Affected Victims
A victim who has been diagnosed with mesothelioma, ovarian cancer or lung cancer as a result of using these contaminated products may be able to file a product liability lawsuit seeking compensation for damages including medical expenses, permanent injuries, lost income and benefits, disabilities, past and future pain and suffering, etc. A family that has lost a loved one here may also be able to file a wrongful death lawsuit against the manufacturer seeking compensation.
If you or a loved one has developed mesothelioma, ovarian cancer and/or other adverse health effects from using talcum powder products, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
Our firm recovered $1,162,500 for a child who suffered lead poisoning from paint in her apartment. The child’s injuries were subtle and difficult to recognize. We recovered $162,500 above the $1 million dollar total insurance policy in this case. Despite the judge’s efforts to settle the case for $950,000, we fought hard and recovered $162,500 more than the insurance policy of one million dollars. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
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Source: https://www.law360.com/articles/1275955/chanel-hit-with-suit-linking-mesothelioma-to-talc-products