Company’s Attempt to Blame Mesothelioma on Childhood Asbestos Exposure Fails
Whittaker Clark and Daniels is a talc supply company that has faced multiple mesothelioma lawsuits. The company provided talc that was used in many consumer products, including Clubman talc. Despite significant evidence that they knew their product was contaminated with asbestos, the company continues to fight claims of negligence, even blaming childhood exposure to asbestos mines 29 kilometers away rather than confessing to their legal liability.
Barber Diagnosed with Mesothelioma After Decades of Exposure to Talc
Vincent Luca died of malignant mesothelioma in 2018, nearly two years after being diagnosed with the rare, asbestos-related disease. In suing Whittaker Clark and Daniels, he and his family provided evidence that he had used the asbestos-contaminated talc for over forty years in his role as a barber.
Mr. Luca recounted his immigration from Sicily to New York in 1960, and his years of working in barbershops in both Manhattan and New Jersey. He specifically recalled having used the Clubman talcum powder, the product’s good smell, and the clouds of dust that were raised when he applied it and when he swept the floor after clients left his shop. He blamed asbestos fibers in the product for his subsequent illness.
Company Shifts Blame for Mesothelioma to Asbestos Mines in Italy
Despite significant evidence that Whittaker Clark and Daniels was aware that their product contained asbestos and that asbestos could cause malignant mesothelioma, the company argued that the Mr. Luca’s case should be dismissed. They asserted that there was no proof that the specific bottles of product he had used had contained asbestos, and pointed to asbestos mines located in Sicily during his childhood as a potential source of his exposure.
In response to the asbestos company’s motion, the mesothelioma victim’s attorneys pointed to both evidence that the company had worked hard to evade accurate asbestos testing of their product and to the fact that the asbestos mines that they were blaming for his illness were more than 29 kilometers away from where he had lived. The judge hearing the case agreed that there was insufficient reason to have the case dismissed, allowing Mr. Luca’s family to continue in their quest for justice.
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