The high-profile litigation in Missouri over talcum powder might be beginning to cool down, thanks to a recent U.S. Supreme Court decision, but a talc-related litigation in Pennsylvania is beginning to heat up, and may set a pattern for a growing area for tort claims.
The case is captioned Brandt v. Bon-Ton Stores, and, although the claims stem from plaintiff Sally Brandt’s use of a talcum powder cosmetic product, the case is being handled in the Philadelphia Court of Common Pleas’ asbestos program. That’s because Brandt claimed she developed mesothelioma as a result of asbestos alleged to have been contained in the Cashmere Bouquet talcum powder she and her family used between 1954 and 1970.
The parties recently fought over some of the science behind their claims in a Frye hearing, and the case is set to be tried before a jury next month. According to asbestos attorneys, the case presents the first instance where a Pennsylvania court will be able to weigh into substantive scientific issues involving an emerging area of asbestos litigation.
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