Old Spice Talcum Powder Lawsuit: Get the Right Attorney

California Jury Awards Mesothelioma Victim $18 Million in Old Spice Talc Lawsuit

According to PR Newswire, in October 2016, a Los Angeles jury returned an $18.07 million verdict against longtime talc supplier Whittaker Clark & Daniels in a lawsuit filed by California political figure Philip Depoian. [1]

Depoian claims he developed mesothelioma due to asbestos exposure at a barber shop where his father worked and through his use of products including Old Spice, Clubman, Kings Men, and Mennen Shave Talc.

The jury verdict is the largest award on record for individual lawsuits filed over asbestos in talc.

The jury reached its verdict on Oct. 19 following six weeks of trial. A second phase for damages resulting from Depoian’s exposure to asbestos was set to resume before the sole remaining defendant – talc supplier Whittaker, Clark & Daniels – reached a confidential settlement on Oct. 26.

In agreeing to the law firm’s settlement, Whittaker, Clark & Daniels avoided the prospect of additional penalties based on the jury’s finding that it had acted with malice in failing to warn consumers about the potential for a cancer diagnosis due to toxic asbestos contamination.

Mr. Depoian, a longtime aide to Mayor Tom Bradley and a prominent political figure in his own right for more than three decades, was diagnosed in May 2015 with mesothelioma, a deadly form of cancer primarily caused by asbestos exposure, the press release said. Depoian’s attorneys successfully argued that he was exposed to asbestos in talc products at a barber shop where his father worked and through his use of products including Old Spice, Clubman, Kings Men and Mennen Shave Talc.

The lawsuit is Philip John Depoian and Julie Pastor Depoian vs. American International Industries, et al., filed in Los Angeles Superior Court, No. BC607192. [2]

Related Article: Talcum Powder Lawsuit Update

Johnson Cosmetic Talc Trial Ends in $4.8 Million Jury Award

According to Asbestos.com, in April 2021, a jury in Los Angeles, California, awarded $4.8 million to a man with mesothelioma who used Old Spice for more than 20 years. [3]

The lawsuit was filed by Willie M., a 78-year-old Vietnam War veteran, grandfather, and retired school bus driver who used Old Spice Talc Powder every day for 22 years.

The plaintiff was diagnosed with cancer in 2017 — malignant pleural mesothelioma, which is strongly associated with asbestos exposure.

Lawyers presented evidence that Old Spice Talc Power contained talc from a mine in North Carolina that is known to be contaminated with asbestos.

On April 15, 2021, the jury awarded him $1.8 million in compensation for his injuries, pain and suffering, and other damages, plus $3 million in punitive damages against Whittaker Clark & Daniels for selling talcum powder.

Johnson & Johnson, R.J. Reynolds Tobacco Company, Pep Boys and AutoZone Inc. also were named as contributors to his cancer diagnosis, the Willie M said.  All but Whittaker, Clark & Daniels settled before the trial began in April.

The lawsuit was filed in the Superior Court of the State of California, Los Angeles County — Case No. BC698965.

Talcum Powder Ovarian Cancer Studies and Statistics

More than 2 dozen studies going back decades have identified links between the use of baby powder and cancer:

• 1982 – As claimed by a case-controlled study published in the Journal Cancer [4], women who “regularly used talc-based baby powder either as a dusting powder on the perineum or on sanitary napkins” were 1.92 times (92%) more likely to develop ovary cancer.
• 1997 – According to a study published in the American Journal of Epidemiology (PDF) it was found that “women with a history of perineal dusting with genital talc” were 1.6 times (60%) more likely to develop cancerous tumors.
• 2008 – As stated in a meta-analysis published in the Journal of Epidemiology and Community Health [5], which pooled together more than 20 studies, a 35% increase in the risk of ovarian cancer diagnosis was found in women who used talc powder.

Willie McNeal Jr. was awarded $4.8 million in damages by a California Superior Court due to asbestos-contaminated talc in Old Spice powder, causing his malignant pleural mesothelioma.

The talc’s supplier, Whittaker, Clark & Daniels, was ordered to pay both compensatory and punitive damages.

This case reflects a growing trend of nonoccupational asbestos exposure lawsuits, especially involving talc, with a notable rise in such cases reported in recent years.

Johnson & Johnson, facing over 25,000 related lawsuits, has set aside nearly $4 billion for litigation.

Study Suggests Talcum Powder Could Cause Cancer

A study published in the Journal of Occupational and Environmental Medicine in 2019 provides some of the strongest proof yet that exposure to asbestos-tainted talcum powder may cause malignant mesothelioma.

For the study, a research team led by Jacqueline Moline, a professor of occupational medicine, epidemiology, and prevention at the Feinstein Institutes for Medical Research at Northwell Health, presented detailed cases involving 33 individuals, predominantly women, who were conclusively diagnosed with malignant mesothelioma.

Notably, their principal exposure to asbestos was traced back to the use of talcum powder.

This distinctive exposure profile theoretically eliminated alternative causes of the disease, as asbestos exposure stands out as the primary risk factor for malignant mesothelioma.

All the individuals highlighted in the study provided depositions as part of legal actions related to cosmetic talc.

It’s very, very hard, in general, to prove exactly what caused your specific case of disease,” sais Steve Gold, a professor at Rutgers Law School who specializes in toxic and hazardous substances. If a credible physician and researcher is willing to testify and has published that these individual cancers appear to be caused by asbestos exposure from talcum powder, that’s evidence that is usually not available to plaintiffs. That’s very powerful.

The authors provided comprehensive details on six specific cases, each of which involved tissue testing revealing fibers consistent with the asbestos type typically found in cosmetic talc, rather than in materials like building supplies or insulation. Significantly, some of these individuals had been using talcum powder-containing products daily for extended periods spanning decades.

FAQs

How can I determine if my illness is related to Old Spice talcum powder use?
Consult a medical professional if you have used Old Spice talcum powder extensively and have been diagnosed with ovarian cancer or respiratory issues. They can help assess the potential connection.

Is there a statute of limitations for filing a lawsuit against Old Spice?
The statute of limitations varies by state but generally ranges from two to three years from the date of diagnosis or discovery. It’s crucial to act promptly to protect your legal rights.

What types of evidence are needed for an Old Spice talcum powder lawsuit?
Evidence may include medical records, proof of Old Spice talcum powder use, and expert testimony linking talc to your illness. Comprehensive documentation is essential for building a strong case.

Related Article:

• Cashmere Bouquet Talc Powder Lawsuit
• How Long Does It Take To Settle a Talcum Powder Case?
• Average Settlement for a Talcum Powder Lawsuit

See all related product liability lawsuits our attorneys covered so far.

Get a Free Old Spice Talc Powder Lawsuit Evaluation With Our Lawyers

The Product Liability Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in Talc Litigation.

We are handling individual Old Spice Talc Lawsuits nationwide and currently investigating potential cancer cases caused by products that contain talc in all 50 states.

Again, if you or a loved one was diagnosed with cancer after using an Old Spice Talc Powder or other cosmetic talc products, you should contact our law firm immediately for a free class action lawsuit evaluation.

You may be entitled to compensation for injuries by filing a lawsuit and our national law firm can help.

References:

1. https://www.prnewswire.com/news-releases/los-angeles-jury-awards-record-18m-cosmetic-talc-mesothelioma-verdict-300353084.html
2. https://www.schmidtandclark.com/wp-content/uploads/D69125C2-5596-4564-BAD8-8B333FA29A7D.pdf
3. https://www.asbestos.com/news/2021/05/06/asbestos-talc-old-spice-lawsuit/
4. https://misuse.ncbi.nlm.nih.gov/error/abuse.shtml
5. https://jech.bmj.com/content/62/4/358.long