R.T. Vanderbilt, Talc, Asbestos & Mesothelioma: A recent case in the Supreme Court of Delaware ruled on an appeal of judgment.
The R.T. Vanderbilt, Talc, Asbestos & Mesothelioma case documents what many people who work with ceramic molds in cast shops making bathroom fixtures may face today – past potential direct and secondary exposure to asbestos and mesothelioma. The court ruled in favor of the Defendants.
To find out more on the case, see Case No. 510-2013 – July 24, 2014.
A brief summary of the facts include:
- From 1966 to 1968 and 1970 to 2005, Michael was employed primarily in the cast shop filling ceramic molds at Borg Warner, a plant that manufactured bathroom fixtures in Mansfield, Ohio.
- Borg Warner used the NYTAL brand industrial talc—which Vanderbilt mined, sold, and distributed to Borg Warner—to dust molds for the ceramics that were manufactured in the cast shop where Michael worked.
- Borg Warner used NYTAL talc in the cast shop until the late 1970s. The cast shop was described as “dirty” and “hot.”
- A former Borg Warner employee testified that when he left the cast shop at the end of the work day his arms and clothes would be white from the dust. That former employee also testified that Borg Warner did not require its employees to wear masks in the cast shop until the mid- to late-1980s.
- Michael was diagnosed with malignant mesothelioma in August 2010 and died from that condition in February 2011.
- In 2011, Galliher filed a wrongful death suit against Vanderbilt, alleging that Michael contracted mesothelioma as a result of exposure to Vanderbilt’s NYTAL industrial talc, which contained asbestiform fibrous materials.
- Vanderbilt conceded that the industrial talc contained asbestiform minerals but denied that the talc contained actual asbestos or caused mesothelioma.
- Instead, Vanderbilt alleged that Borg Warner and a third party, CertainTeed Corporation, were responsible for Michael’s death.
- Vanderbilt further alleged that Michael was negligent for failing to protect himself.
For more on asbestos and mesothelioma, please visit the links below:
- An Overview
- Asbestos Connection
- Exposure to Asbestos
- Signs and Symptoms
- Diagnosis/Staging and Treatment
- Go To Asbestos
- Asbestos & Mesothelioma News
At the Gooch Law Firm, we pride ourselves on providing our clients reliable representation for even the most challenging cases.
If you have been diagnosed with mesothelioma, and need an asbestos or mesothelioma lawyer to help you file a mesothelioma lawsuit, contact our office at 1.844.329.5955.
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