In a dramatic twist, talc producer Whittaker Clark & Daniels Inc. agreed to settle a lawsuit brought by a California schoolteacher who claimed her mesothelioma was caused by asbestos-contaminated talc delivered to talcum powder manufacturers. The settlement, agreed during the trial, is an important move in a well-publicized case.
Confidential Settlement Reached
Linda Zimmerman and Whittaker’s attorneys ratified the settlement, although the specifics of the settlement have not been announced. The verdict is a shock amid Zimmerman’s face-to-face trial in Los Angeles County Superior Court that took place during the COVID-19 pandemic.
Zimmerman’s lawyer Leah Kagan of Simon Greenstone Panatier thanked the jurors and Judge David S. Cunningham III for overcoming such tough situations as social distancing and mask mandates. She applauded their work in helping to resolve the case and restore comfort to Zimmerman and her family.
Allegations of Asbestos Exposure
Zimmerman’s complaint claimed that her mesothelioma was caused by her habitual exposure to talcum powder containing asbestos supplied by Whittaker. Even though Zimmerman has been using the product for years, she denied knowing the dangers until she was diagnosed in 2018. The trial also revealed information about Whittaker’s asbestos sales and work to reduce the contaminant levels in its talc.
There was a confrontation of legal principles during the trial, when Zimmerman insisted that Whittaker’s talc played a major role in her illness. On the contrary, Whittaker resisted, claiming it was not directly involved in marketing or labelling the talcum powder products Zimmerman consumed. The company also suggested that other asbestos exposure occurred during Zimmerman’s early childhood.
Expert testimony at the trial helped explain the risks of talc mining and accidental asbestos contamination. Zimmerman’s attorneys pointed to the challenges in the extraction of talc, which raised the possibility of accidental asbestos inclusion in products.
With the trial prematurely ending with a settlement, the message of this settlement rings through the legal system. The case reflects the complexity of product liability cases and the difficulties of proving causation in a complicated industrial environment.
