In a courtroom showdown reminiscent of legal thrillers, a California jury delivered a staggering $4.8 million verdict against talc supplier Whittaker Clark & Daniels. The verdict, handed down on Monday, resonated with the haunting tale of 78-year-old Vietnam War veteran Willie McNeal Jr., who suffers from pleural mesothelioma, a devastating lung cancer attributed to asbestos exposure.
Mesothelioma Verdict: A Legal Milestone Amidst Pandemic Shadows
McNeal’s legal journey led to a groundbreaking verdict, marking the first civil jury decision in Los Angeles County since the onset of the COVID-19 pandemic in March 2020. Despite the unprecedented challenges posed by the pandemic, the trial unfolded with precision, as Stuart Purdy of Simon Greenstone hailed McNeal’s resilience and the court’s adaptability.
“While COVID concerns presented unique challenges, our trial court, with the guidance of a very detailed trial plan, maneuvered around those challenges seamlessly,” stated Purdy. “Willie McNeal is an amazing man with a remarkable story who remained steadfast and patient despite the uncertainties and unknowns of the first pandemic trial in Los Angeles.”
McNeal vs. Whittaker: A David and Goliath Tale
McNeal’s legal saga commenced in 2018 when he filed a lawsuit against multiple companies, alleging their products containing asbestos led to his debilitating illness. Among the defendants stood Whittaker Clark & Daniels, a key supplier of talc to Old Spice. The jury’s verdict attributed 42% responsibility for McNeal’s illness to Whittaker, with other entities like Bendix, R.J. Reynolds, and Shulton Inc. sharing varying degrees of accountability.
According to trial revelations, talc sourced from Whittaker’s North Carolina mine harbored asbestos contamination, underscoring the company’s awareness of the perilous situation. The verdict didn’t just entail compensatory damages; punitive damages totaling $3 million underscored the gravity of the jury’s decision.
This isn’t the first time Whittaker Clark & Daniels has found itself entangled in talc-related litigation. Previous lawsuits, including a 2016 case resulting in an $18 million jury verdict, spotlighted the company’s recurring legal battles. Philip Depoian’s suit in 2016 accused the company of contributing to his mesothelioma diagnosis, mirroring McNeal’s plight.
Moreover, a 2020 lawsuit in New York state court further underscored Whittaker’s legal woes, signaling a pattern of litigation shadowing the company’s operations. Despite these legal skirmishes, Whittaker’s counsel remained mum in response to requests for comment, leaving the company’s stance shrouded in silence.
In this legal showdown, McNeal found staunch representation in Stuart Purdy and Tyson Gamble of Simon Greenstone Panatier. On the opposing end, Whittaker was represented by Robert H. Berkes of Berkes Crane Robinson & Seal LLP, setting the stage for a riveting courtroom clash.
As the dust settles on this legal battlefield, McNeal’s victory reverberates as a testament to perseverance amidst adversity. The case, officially titled Willie McNeal Jr. vs. Whittaker, Clark & Daniels, stands as a beacon of justice in the Superior Court of the State of California, Los Angeles County.
