A jury awarded over $39 million to a Utah couple in a landmark mesothelioma case involving the use of asbestos-contaminated talc in a surgical procedure. The plaintiffs were represented by The Lanier Law Firm along with Meirowitz & Wasserberg and a Boston-based firm Duffy Law, in Suffolk County Superior Court, Massachusetts.
The trial, which spanned three weeks, centered on the use of talc during a medical procedure that later resulted in Zundel developing mesothelioma.
The Case Details
In 2014, Bryce Zundel, now 64, underwent a pleurodesis procedure for a collapsed lung at a Salt Lake City hospital. This procedure involved the application of talc to the lining of the lung to prevent future collapses. However, the talc used in Zundel’s surgery was later found to be contaminated with asbestos, which was confirmed when Zundel was diagnosed with pleural mesothelioma in September 2021. According to the complaint, talc deposits covered large portions of his lung, causing irreversible damage.
Boston Medical Products Inc. supplied the talc in question but sourced from Cimbar Performance Minerals, a Georgia-based company. Cimbar obtained the talc from a mine in China known to have asbestos veins. Linder, the plaintiffs’ attorney, noted that talc and asbestos are naturally occurring minerals often found together, a key factor in the contamination.
Defense and Verdict
Cimbar’s defense team, led by Bradford DeJardin and Erin Carpenter of Los Angeles and Mallarie Simonds from Husch Blackwell’s Boston office, argued that Cimbar was unaware the talc had been used in medical procedures. In a statement, DeJardin expressed the company’s disappointment with the verdict, suggesting that the jury ignored scientific evidence. He added that Cimbar is exploring post-trial motions and a possible appeal.
Due to its complex, science-based nature, the trial was heavily reliant on expert testimony. Witnesses for the plaintiffs included a cellular biologist who testified on how asbestos causes cancer and a materials scientist who tested the talc. The defense called a pathologist to dispute the causation of the disease and a geologist who questioned the presence of asbestos in the talc.
Groundbreaking Ruling
This case is the first of its kind to move forward based on this specific type of exposure to asbestos-contaminated talc. The plaintiffs’ thoracic surgeon, Dr. Kent Thorne, testified that he would never knowingly use talc-containing asbestos on a patient, reinforcing the plaintiffs’ argument that the medical community was misled about the safety of the product.
Linder emphasized that the verdict should serve as a warning to the medical community about the dangers of using talc in pleurodesis procedures, particularly for patients who do not already have terminal cancer. He argued that patients should at least be informed of the risks associated with talc use and be given the option to consent to the procedure.
Impact on the Zundels
Before contracting mesothelioma, Zundel was a health-conscious individual who maintained a disciplined lifestyle. The disease and its treatments—extensive chemotherapy and proton radiation therapy—have left him with only 10% lung capacity on one side, according to Linder. The trial highlighted expert testimony predicting the progression of Zundel’s mesothelioma, with the expectation that he will eventually die from suffocation as the disease advances.
The jury awarded $12.25 million of the $39 million to Zundel’s wife, Diane, for loss of consortium. Linder also anticipates that pretrial interest dating back to the lawsuit’s filing in 2022 will be added to the final judgment.
In a separate legal matter, Cimbar sued its insurer, Phoenix Insurance Co., in Georgia federal court over a lack of representation in this case. The parties settled, and the insurer agreed to cover Cimbar’s legal costs.
