A
jury in Los Angeles County (Chatsworth) yesterday on April 28, 2015 unanimously
found that Colgate-Palmolive’s Cashmere Bouquet talcum powder, which they sold
from the 1930s to 1995, caused our client Judith Winkel’s malignant pleural
mesothelioma.
The
jury deliberated just two hours. They found that Colgate failed to warn consumers about their defective product, among other violations. The jury also
found that Colgate, which denied that their product contained asbestos, was
guilty of malice, which exposed Colgate to possible punitive damages.
On
nearly a daily basis from 1961 to 1977, Judith Winkel used
Cashmere Bouquet Talcum powder, primarily after showering. Like every other
consumer, she loved the fragrance but had no idea the silky white powder could
later cause one of the most insidious cancers known to medicine.
This
was the first verdict ever against Colgate-Palmolive, whose army of lawyers
argued that their product did not contain asbestos, that Judith Winkel did not
use their product, that her life would not be shortened by mesothelioma, and
that if she was exposed, the amount was too small to cause mesothelioma.
The jury disagreed, finding that Colgate’s Cashmere Bouquet Talcum Powder was 95% responsible for Judith Winkel’s mesothelioma. The evidence showed that Colgate purchased its talc from mines in Italy, North Carolina, and Montana, and the talc was contaminated with up to 20% asbestos fiber, including the most toxic form of asbestos (viz., amphibole).
The
evidence also showed that scientists had begun detecting asbestos in talcum
powder since 1942, but Colgate did not begin testing its Cashmere Bouquet for
asbestos until 1971. At that time, Colgate was warned that their talcum powder
contained dangerous levels of asbestos. But Colgate neither alerted the Food and Drug
Administration (FDA) about the health risks, nor did they warn consumers that exposure to their product could cause cancer.
Judith,
a 73 year-old retired office clerk, mother and grandmother who has been married
to husband John “Cubby” Winkel since 1964, was diagnosed with mesothelioma in
early 2014. She was operated on by Dr. Robert Cameron of UCLA Medical School. Dr.
Cameron noted that thoracic surgeons regularly use talcum powder in
mesothelioma patients to retard the spread of the tumor, but when they do so
they require that the talcum powder be certified as “asbestos free.”
“This
trial was about accountability,” said John Winkel. “Colgate made a dangerous product but they refused to admit it. Judy and I are
thankful that the jury was not bamboozled by their shenanigans. Now we just
want to enjoy the time we have.”
The
case was tried by our co-counsel, David Greenstone and Chris Panatier, of Simon
Greenstone Panatier and Bartlett (SGPB). A Colgate lawyer proudly boasted
before trial that they would destroy our respective law firms, the Winkels and our
experts. Their lawyer also warned us that their war chest to win this case was
virtually bottomless.
“While
we celebrate the first verdict ever against Colgate-Palmolive, and are thankful
for the jury’s service, as well as the courageous work of our colleagues at
SGBP,” said Roger Worthington of Worthington & Caron, P.C. “We are also
mindful that Judy continues to live with mesothelioma. She and Cubby deserve
compensation, but what they really want is to be able to play with their
grandchildren and tend to their garden. With Dr. Cameron’s expert guidance, we
are hopeful that Judy will be eligible for experimental therapies that will buy
her many more years with her grandchildren and her flowers.”
“Dr.
Cameron is an incredible physician,” said Cubby. “We are so thankful for his dedication.
He’s always been there for us. This is a tough cancer with a bad prognosis but
we’re thankful that Dr. Cameron and his team keep searching for a cure.”
Roger
Worthington
April
29, 2015
