Jury Awards $22M in Asbestos-Contaminated Paint CaseLegislation & Litigation
Asbestos.com is the nation’s most trusted mesothelioma resource
The Mesothelioma Center at Asbestos.com has provided patients and their loved ones the most updated and reliable information on mesothelioma and asbestos exposure since 2006.
Our team of Patient Advocates includes a medical doctor, a registered nurse, health services administrators, veterans, VA-accredited Claims Agents, an oncology patient navigator and hospice care expert. Their combined expertise means we help any mesothelioma patient or loved one through every step of their cancer journey.
More than 30 contributors, including mesothelioma doctors, survivors, health care professionals and other experts, have peer-reviewed our website and written unique research-driven articles to ensure you get the highest-quality medical and health information.
About The Mesothelioma Center at Asbestos.com
- Assisting mesothelioma patients and their loved ones since 2006.
- Helps more than 50% of mesothelioma patients diagnosed annually in the U.S.
- A+ rating from the Better Business Bureau.
- 5-star reviewed mesothelioma and support organization.
"My family has only the highest compliment for the assistance and support that we received from The Mesothelioma Center. This is a staff of compassionate and knowledgeable individuals who respect what your family is experiencing and who go the extra mile to make an unfortunate diagnosis less stressful. Information and assistance were provided by The Mesothelioma Center at no cost to our family."LashawnMesothelioma patient’s daughter
How to Cite Asbestos.com’s Article
Povtak, T. (2021, August 30). Jury Awards $22M in Asbestos-Contaminated Paint Case. Asbestos.com. Retrieved February 8, 2023, from https://www.asbestos.com/news/2018/01/02/asbestos-contaminated-paint-verdict/
Povtak, Tim. "Jury Awards $22M in Asbestos-Contaminated Paint Case." Asbestos.com, 30 Aug 2021, https://www.asbestos.com/news/2018/01/02/asbestos-contaminated-paint-verdict/.
Povtak, Tim. "Jury Awards $22M in Asbestos-Contaminated Paint Case." Asbestos.com. Last modified August 30, 2021. https://www.asbestos.com/news/2018/01/02/asbestos-contaminated-paint-verdict/.
A California jury recently awarded $22 million to the estate of a man exposed to asbestos-containing talc that was used in paint manufacturing, expanding the liability of those supplying the toxic ingredient.
Plaintiff Richard Booker, who worked as a paint maker throughout his career, died of mesothelioma in 2016. The lawsuit claimed Booker was exposed to asbestos while working for Dexter Midland Chemical Co. and Walter N. Boysen Paint Co.
The lucrative award includes $4.6 million in punitive damages, along with the initial judgement of $17.57 million for malice on the part of Vanderbilt Minerals and Imerys Talc America Inc. The jury ruled the two companies shared responsibility for marketing, selling and distributing the talc product.
Talc is a clay mineral composed of hydrated magnesium silicate, used in paints for its ability to resist heat and deter grease and oil absorption.
It also is used as an ingredient in ceramics, insecticides, roofing materials, rubber, talcum powder and the pulp and paper industry.
There is an ongoing debate about the safety of talc, with thousands of lawsuits linking talc to ovarian cancer. Additionally, several talc products in the past contained traces of asbestos dust, stemming from their naturally occurring proximity to each other on the earth’s surface.
Exposure Can Lead to Multiple Problems
Asbestos exposure can lead to a number of serious health problems, including asbestosis, lung cancer and mesothelioma.
The $22 million award comes in the wake of multiple lawsuits filed against Colgate Palmolive for its Cashmere Bouquet talcum powder. The company resolved 43 cases in 2017 involving asbestos-contaminated talc, according to Bloomberg News. There are hundreds more yet to be settled.
The latest settlement involved a Pennsylvania woman who developed mesothelioma, blaming it on the talcum powder used more than 20 years before.
The majority of the asbestos-contaminated talc lawsuits today have involved talcum powder, which has been used for generations by millions of Americans to dry, perfume and protect their skin.
Researchers have debated for decades the possible connection between contaminated talc and various cancers.
Talcum powder products are now considerably safer than they once were, but cancers emerging today often stem from exposure decades ago. The majority of lawsuits involve ovarian cancer.
Talc Mined Alongside Asbestos
Mesothelioma is a rare and aggressive cancer with no definitive cure. Asbestos exposure is the overwhelming cause.
Booker’s case was held in the Superior Court of California for Alameda County. The jury ruled Booker died from mesothelioma caused by various forms of asbestos found in the talc used during his career in paint manufacturing.
“Plaintiffs allege the talc contained fibrous minerals, including but not limited to anthophyllite, tremolite, chrysotile, and other asbestos minerals, transitional fibers, and asbestiform talc,” Booker’s original filing said.
The jury cited its ruling on the basis of negligence, product design defect and a failure to warn.
Imerys, which continues to insist its product is safe, is the world’s leading talc producer.