Cipriano Ramirez, and Maria Ramirez, his wife v. Avon Products Inc. et al

Case Background

On April 27, 2023, Cipriano Ramirez, a former janitor, and his wife, Maria Ramirez, filed a product liability lawsuit in the Circuit Court of Cook County, Illinois, Law Division. They sued the cosmetics company Avon Products Inc. alleging that during his employment as a janitor, he had been exposed to asbestos-contaminated talc leading to him developing mesothelioma. Judge Scott D. Mckenna presided over the case. [Case number: 2023-L-004386]

Cause

Cipriano Ramirez was a janitor at Avon’s Morton Grove facility from 1981 to 1982. During this time, he was exposed to talc contaminated with asbestos. Additionally, he encountered asbestos through his use of personal care products. On January 24, 2023, he learned that he had malignant mesothelioma.

It was alleged Avon processed and manufactured talc products contaminated with asbestos, causing Cipriano Ramirez’s exposure and pleural mesothelioma diagnosis. Cipriano and his wife requested and received an expedited trial date in the circuit court due to Ramirez’s reduced life expectancy. Consequently, the trial was scheduled for March 19, 2024.

Injury

Cipriano Ramirez allegedly developed pleural mesothelioma due to his cumulative exposure to asbestos-contaminated talc. Doctors diagnosed his condition in January 2023.

Pleural mesothelioma is a rare and aggressive cancer that develops in the pleura, the protective lining of the lungs. It is primarily caused by exposure to asbestos fibers, which can become lodged in the pleural tissue and trigger malignant cell growth.

Damages

Ramirez incurred and would continue to incur costs for essential medical, hospital, and healthcare services. He also faced expenses for future household labor and tasks he could no longer perform. Consequently, his condition caused him significant mental and physical pain and suffering.

Key Arguments and Proceedings

Legal Representation

  • Plaintiff(s):  Cipriano Ramirez | Maria Ramirez
    • Counsel for Plaintiff(s): Jennifer Alesio | James Kramer | Taylor Kerns | Phil Proud | Cody Favilla
  • Defendant(s): Avon Products Inc.
    • Counsel for Defendant(s): James Williams

Key Counsel Remarks

Ramirez’s attorney, Jennifer Alesio of Simmons Hanly Conroy LLP, in a written statement stated, “After carefully reviewing the facts of the case, the jury rejected Avon’s reprehensible attempts to impugn the dignity and integrity of Cipriano Ramirez and found that Avon was responsible for his cancer diagnosis.” She continued, “No amount can give Mr. Ramirez his health back, but we are so proud of how hard this jury worked to hold Avon accountable on his family’s behalf.”

Claims

Cipriano Ramirez alleged that Avon failed to warn him about the dangers of asbestos and did not implement adequate safety measures. His lawsuit included claims of personal injury, negligence, and loss of consortium. In the suit, he stated that Avon required him to handle and remove asbestos-contaminated talc without warning him of the associated health risks. Additionally, he noted that the company did not provide exposure-reducing equipment or monitor workers’ exposure.

Ramirez claimed that Avon could have anticipated his exposure to talc during his employment but negligently failed to mitigate or prevent it. He asserted that Avon had superior knowledge of the risks associated with asbestos-contaminated talc, including the understanding that those exposed would likely suffer harm.

Furthermore, Ramirez emphasized that he was unaware of these risks and had “no reasonable way to know or realize” they existed.

During the trial, Cipriano Ramirez’s legal team argued that Avon possessed superior knowledge about the dangers of asbestos-contaminated talc. They claimed the company failed to mitigate or prevent exposure to this harmful substance. They contended that Avon’s negligence directly contributed to Ramirez’s condition.

Defense

In response, Avon argued that insufficient evidence proved Ramirez worked at the Morton Grove facility or was exposed to contaminated talc. The company emphasized its efforts to ensure talc purity, noting that it switched to uncontaminated talc in 1976. Avon maintained that these actions demonstrated its commitment to safety.

Jury Verdict

On July 26, 2024, a jury in Cook County Circuit Court presided over by Judge Scott D. McKenna, awarded $24,460,000 to Cipriano Ramirez and his wife, Maria Ramirez. The jury found Avon negligent for not warning Cipriano about the dangers of asbestos-contaminated talc and failing to implement proper safety measures.

The verdict included $1 million in punitive damages against Avon and $3 million for loss of consortium for Maria. Cipriano received $1.4 million for medical expenses, $810,000 for past and future economic losses, and $16 million for his shortened life expectancy. Additionally, he was awarded $500,000 for disfigurement, $500,000 for emotional distress, $250,000 for past and future loss of a normal life, and $1 million for past and future pain and suffering.

Court Documents:

Available upon request

Press Release:

PR Newswire

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