A defendant facing the first asbestos-related talc case in Philadelphia has asked a judge to reconsider dismissing the the case in the wake of a recent ruling rejecting the testimony of two key experts for the plaintiffs.Colgate-Palmolive filed a motion for reconsideration recently in Brandt v. Colgate-Palmolive, arguing that, because Philadelphia Court of Common Pleas Judge Idee Fox has barred the plaintiffs’ experts from testifying about some significant causation issues, there are no remaining questions of fact allowing the case to proceed past summary judgment.
“Put simply, plaintiffs’ claim that Ms. Brandt’s rare disease was caused by her use of cosmetic talcum powder—a product used safely and effectively by millions upon millions of people for over a century—are grounded in junk science that this court has properly determined cannot reach a jury under Pennsylvania law,” Kent & McBride attorney Theresa Mullaney said in Colgate-Palmolive’s nine-page motion filed Monday.
Brandt is being handled in Philadelphia’s asbestos program, and stems from claims that talcum powder plaintiff Sally Brandt used between 1954 and 1970 contained asbestos, which caused her to develop mesothelioma.
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