DALLAS and LOS ANGELES – Attorneys from Dallas-based Simon Greenstone Panatier, PC, a nationally recognized trial law firm, have won a significant jury verdict on behalf of a 73-year-old woman who contracted mesothelioma after using asbestos-containing talcum powder manufactured by New York-based Colgate-Palmolive Company (NYSE: CL).
The April 28 verdict was handed down by a jury in Los Angeles Superior Court following only two hours of deliberations. Jurors assigned 95 percent liability against Colgate-Palmolive based on plaintiff Judith Winkel’s claims that the company’s talcum powder products caused her to contract mesothelioma, a fatal lung disease.
According to the lawsuit, Ms. Winkel was diagnosed with mesothelioma in January 2014 after using Cashmere Bouquet manufactured by Colgate-Palmolive. Most people who are diagnosed with mesothelioma die within two years of diagnosis, says Simon Greenstone name shareholder Chris Panatier, who represented Ms. Winkel and her husband, John.
Among the evidence presented at trial was that Colgate-Palmolive knew or should have known about the dangers of asbestos since the 1930s. This is the first verdict against Colgate-Palmolive involving asbestos exposure from talcum powder, Mr. Panatier says.
The jury unanimously found in favor of Ms. Winkel and her husband on five counts: consumer expectations, risk-benefit, manufacturing defect, failure to warn and negligence. The jury also found that Colgate-Palmolive acted with malice.
The Winkels also were represented by Simon Greenstone founding shareholder David Greenstone and associate Kyle Tracy.
Following the verdict, the parties reached a confidential settlement before the trial’s punitive damages phase was set to begin.
“This is an example of the legal system exposing what a company should have been honest about 50 years ago,” Mr. Panatier says. “Judith Winkel only wanted a jury to hear the truth about this product and hopefully to help others who are similarly exposed.”
Simon Greenstone Panatier is a nationally recognized trial law firm with a reputation for creative and aggressive representation of clients in a wide variety of catastrophic personal injury matters nationwide. For more information, visit sgptrial.com.
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