Dean Omar Branham Shirley secures appellate victory upholding jury’s findings in 2022 trial
The California 2nd District Court of Appeals has affirmed a $51 million verdict against Avon for causing the death of a California woman who developed the terminal cancer mesothelioma after years of exposure to asbestos contained in the multinational cosmetics company’s products.
Plaintiff Rita-Ann Chapman passed away in March 2025, a little more than two years after the verdict against Avon was handed down.
“Companies cannot ignore science, disregard their own internal warnings and put profits over people’s health without being held accountable,” said Jessica Dean of Dean Omar Branham Shirley, attorney for the Chapman family. “Avon was aware of asbestos concerns in talc dating back to the 1970s and was involved in industry testing, yet it never warned consumers.”
Mrs. Chapman and her husband, Gary Chapman, grew up in Los Angeles but retired in Arizona. They filed suit against Avon and other companies, claiming their products contained asbestos that led to mesothelioma, a form of cancer that affects the thin tissue lining the body’s internal organs. Mesothelioma is caused by exposure to asbestos and is always fatal.
“The evidence at trial showed that for decades Avon knew its talc was contaminated. While this decision cannot erase the pain the Chapman family has endured, it affirms that corporate misconduct will not go unanswered,” said Ms. Dean.
Mrs. Chapman’s attorneys argued her use of Avon cosmetic products containing talc and asbestos was a cause of her cancer. She started using Avon as an 8-year-old and used body and face powders through most of her life. Avon sold body and face talc products that were primarily marketed to women and children and sold talc products all over the world.
The appellate court rejected Avon’s challenges to expert testimony and evidentiary rulings and affirmed the judgment in full.
The case is Gary Chapman et al. vs. Avon Products, Inc. et al., Case number JCCP 4674, Court of Appeal of the State of California, Second Appellate District, Division Eight.
About Dean Omar Branham Shirley
Dean Omar Branham Shirley, LLP, is a nationally recognized trial firm that handles cases across the country for individuals who have suffered catastrophic injuries or have died as a result of irresponsible conduct of others. For more information, please visit http://www.dobslegal.com.
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