WOBURN, Mass. — In a landmark decision, a Middlesex Superior Court jury delivered a $39 million verdict against Cimbar Performance Minerals after a four-week trial, concluding that the company’s talc product caused mesothelioma in a patient following a medical procedure. The case, known as Zundel v. United Minerals & Properties, Inc., marks the first successful products liability suit linking mesothelioma to sterile talc used during surgery.
On September 13, after merely five hours of deliberation, jurors found Cimbar liable for breach-of-warranty and negligence, awarding substantial damages to plaintiff Bryce Zundel. Notably, the verdict included $12.25 million specifically for loss of consortium to Zundel’s wife, Diane.
The heart of the lawsuit stemmed from a surgical technique known as talc pleurodesis, which Zundel underwent in 2014 to treat a recurrent collapsed lung. This procedure entails the application of sterile talc powder to promote pleural adhesion, preventing the lung from collapsing. Tragically, in September 2021, Zundel was diagnosed with malignant mesothelioma around the area where the talc had been applied, a rare cancer typically associated with asbestos exposure.
Testimony during the trial revealed that the talc supplied by Cimbar contained asbestos fibers, which are known to cause mesothelioma. Represented by a legal team including Danny R. Kraft Jr., Darron E. Berquist, Mark A. Linder, and Christopher P. Duffy, the plaintiff argued that Cimbar was aware of the contamination yet failed to adequately test or warn about the presence of asbestos.
Christopher Duffy, a lawyer with three decades of experience in asbestos litigation, underscored the complexity of the case given its novel premise—that mesothelioma could develop from a medical application of talc. Danny Kraft Jr., noted for his expertise in talc-related cases, was brought in as lead trial counsel.
The jury’s decision followed a rigorous scrutiny of claims surrounding product design defects and inadequate warnings. They awarded $3 million for Bryce’s past pain and suffering, $21.5 million earmarked for his future pain and suffering, and additional sums for medical expenses, household services, and Social Security retirement benefits.
In underscoring the significance of the verdict, Kraft portrayed the trial as a challenging battle, emphasizing the vital role of expert testimony in linking the talc to mesothelioma despite a shorter-than-average latency period of seven years—most asbestos cases exhibit latency periods ranging from 10 to 15 years.
Further complicating Cimbar’s defense was evidence suggesting negligence in their product testing protocols. Kraft stressed that Cimbar conducted minimal tests on the talc sourced from contaminated mines in Guangxi Province, China, undermining their claims of safety. The persuasive testimony of Dr. William E. Longo, contrasting with the defense’s expert, further swayed the jury.
Ultimately, the trial not only highlighted the dangers inherent in the surgical use of talc but also raised questions about the oversight of substances used in medical procedures. It brought justice for Bryce Zundel while spotlighting a potentially broader issue affecting patient safety.
The emotional impact of the verdict was palpable. Both the plaintiff and his legal team were visibly moved as the jury’s decision was read, validating the struggles and suffering endured by the Zundel family. Kraft, reflecting on the verdict, characterized the case as a symbol of hope and determination against seemingly insurmountable odds.
This case sets a precedent and serves as a stark reminder of the critical need for rigorous product testing and transparent disclosure to protect patients undergoing medical treatments. As this litigation unfolds further, it may well prompt a reevaluation of the use of talc in medical procedures nationwide.