Defendant apportioned 30% liability.

On October 19, 2016, after a six week trial, a California Superior Court of Los Angeles County jury found Whittaker Clark & Daniels 30% liable for the plaintiffs’ injuries related to Philip Depoian’s mesothelioma. Depoian’s mesothelioma was allegedly caused by exposure to cosmetic talc that was allegedly contaminated with asbestos.  The jury’s economic damages award of $2.57 million included $2.375 million in future lost earnings and household services and $195,000 in past medical bills.  The $12.5 million award of non-economic damages included $3 million for past physical pain, mental suffering and loss of enjoyment of life and $9.5 million for future physical pain, mental suffering and loss of enjoyment of life.  There was also an award of $3 million for a loss of consortium claim.  The Jury Verdict Form indicates that the jurors also found that Whittaker Clark & Daniels acted with malice; however, according to multiple reports, the parties reached a confidential settlement agreement before the punitive damages phase of the trial was to begin.  The plaintiffs were represented by Simon Greenstone Panatier Bartlett, P. C.  DePoian v. American International Industries, Inc., No. BC607192 (Cal. Super. Ct., Los Angeles County). Click here for more information.