Court Rules Expert Can Testify About Talc in Asbestos Mesothelioma Case

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Mesothelioma lawyers from Levy Konigsberg represented the plaintiff in this case.

A New Jersey judge has ruled* in favor of allowing the expert witness for a mesothelioma victim to testify at her September trial.

The trial will determine whether two cosmetic talcum powder products (Cashmere Bouquet and Desert Flower) caused the plaintiff’s mesothelioma, a cancer of the lining of the lung caused by exposure to asbestos.

The ruling came after a five-day evidentiary hearing in New Brunswick, New Jersey. The defendants, talcum powder manufacturers and suppliers Colgate-Palmolive Co., Proctor & Gamble, and Whittaker Clark & Daniels, challenged the plaintiff’s expert’s ability to testify at trial regarding the results of testing he performed of the defendants’ talcum powder products.

The Court’s ruling concluded that the plaintiff established that the methodology used in testing the cosmetic talcum powder has “been accepted as reliable by experts in the scientific community.”** The Court will thus permit certain of the plaintiff’s expert’s testing to be explained to a jury at trial.

The plaintiff, represented by asbestos personal injury attorneys Moshe Maimon and James Kramer of the firm Levy Konigsberg, alleges that the cosmetic talcum powder products she used in the 1960s through the 1980s manufactured by Colgate-Palmolive Co. and Shulton, Inc. (now owned by Proctor & Gamble) were contaminated with asbestos.

The plaintiff’s trial is scheduled to begin on September 8th in Middlesex County Court.

*Linda Fishbain and David Fishbain v. Colgate-Palmolive Co., et al., Docket No. MID-L-5633-13AS (Viscomi, J.).
**Opinion at 16.

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