Verdict holds talc supplier responsible for woman’s mesothelioma
COLUMBIA, SC – A South Carolina jury has found in favor of a woman with the deadly cancer mesothelioma and ordered talc supplier Whittaker, Clark & Daniels to pay her $29.14 million.
Sarah Plant, 36, sued the company and several others, including cosmetics giant Mary Kay, claiming asbestos in their products caused her cancer. Her attorneys argued that for years, the makers of the cosmetics in question knew the talc in their products contained asbestos but said nothing about it.
Mesothelioma, a cancer of the lining of the lungs and other internal organs, is tied to asbestos exposure and is always fatal.
The case is believed to be the first cosmetic talc asbestos case involving Mary Kay. Claims against it and another defendant, Color Techniques, resolved prior to the jury’s verdict. Additional original defendants – Avon Products, Colgate and Johnson & Johnson – were not part of the trial.
Mrs. Plant and her husband Parker are the parents of three young children, ages two, four and seven. Though deeply religious, they both wear bracelets proclaiming, “Stats don’t mean (expletive),” a sign of their determination to beat the odds and the cancer.
“I cannot tell you how important it was for Sarah to be there in that courtroom and hear the jury say those people are the reason you have cancer,” says attorney Jessica Dean of Dallas’ Dean Omar Branham Shirley, who represents the Plants. “I appreciate that the jury heard our case and reached the proper conclusion.”
Other members of the trial team are Dean Omar Branham Shirley trial lawyers Rachel Gross, Mark Buha and Ben Braly, along with attorney Theile McVey of Kassel McVey in Columbia.
The jury’s verdict breaks down to $871,356 in past medical expenses, $3,268,336 in future medical expenses, $20 million for pain and suffering, and $5 million for loss of consortium.
The case is Sarah Plant v. Avon Products Inc., et al., Case No. 2022CP4001265 in Richland County Circuit Court, in South Carolina.
About Dean Omar Branham Shirley, LLP
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