How Much Are Mass Tort Talcum Powder Lawsuits Worth
Talcum powder lawsuits fall within product liability lawsuits, and compensation that claimants could recover after developing an illness varies greatly. The main factor determining how much compensation someone could receive is the damages they incurred. Others can include the severity of their illness and how it has affected their life.
Since so many people have developed an illness because of talcum powder exposure, they may qualify to file a mass tort. Mass tort cases go through multidistrict litigation (MDL), which may proceed to discovery and pretrial hearings. Plaintiffs in an MDL can all receive different settlement amounts, though. Usually, each plaintiff’s individual case affects settlement amounts.
What Are Talcum Powder Lawsuits?
Johnson & Johnson is the maker of talcum powder products. According to Missouri Medicine, there’s a link between Johnson & Johnson talcum powder to ovarian cancer because of the high levels of asbestos in the product. The lawsuits allege the makers of talcum powder sold their product even though they knew it had dangerous levels of asbestos. On top of continuing to sell the product, they didn’t adequately warn the public.
Johnson & Johnson faces thousands of lawsuits against plaintiffs who developed ovarian cancer or other related diseases because of frequent talcum powder use. The U.S. Food and Drug Administration (FDA) conducted a study on the product and found traces of asbestos in the lot they sampled. After their findings came out, Johnson & Johnson finally recalled their products.
How Much Are Talcum Powder Settlements Worth?
The compensation plaintiffs recover through settlements varies based on their circumstances. So far, Johnson & Johnson has paid millions to people who have suffered from diseases because of their product. Even though groups of people are filing lawsuits against talcum powder makers, each plaintiff receives their own settlement.
Factors that affect settlement amounts include the following:
- Out-of-pocket costs for medical expenses
- The income they lose if they have to miss work during treatments or while recovering
- If they experienced significant physical pain or emotional distress
Courts can also factor in the stage of the illness and the long-term impacts treatments can have on someone’s life when making settlement amount decisions.
Past and Future Medical Expenses
Treatments for diseases stemming from talc powder exposure typically involve someone going through surgery or chemotherapy.
Both of these treatments can cost someone high out-of-pocket medical costs. People going through chemotherapy or surgeries could have other complications that could cause them to seek other types of medical attention. Other types of medical treatments where someone could accumulate medical expenses include doctor’s visits, diagnostic tests, medications, or mobility aids.
Income the Plaintiff Lost and Will Lose
Not only do chemotherapy treatments cause unwanted side effects, but they are also time-consuming. People going through chemotherapy treatments could have to stay in the hospital for part of the treatments or through the entire duration. Because of this time spent in the hospital, they could miss work.
Missing work means they could lose income. It is unfair to the plaintiff that they lose income because of the negligent actions of a product manufacturer. Therefore, they can include lost income damages to their claim or lawsuit. A judge can determine if it’s warranted for the plaintiff to receive these funds from the liable party.
On top of the income they have lost in the past, plaintiffs can sue for the future lost income they could lose. For example, if they require chemotherapy treatments in the future or a long recovery that keeps them away from work, an attorney can calculate the income they would have earned.
Physical Pain or Emotional Distress
Chemotherapy treatments are known to cause physical pain and discomfort, as well as severe emotional trauma, because of the fear these treatments and diagnoses can bring. Fortunately, people who develop illnesses because of dangerous products can recover compensation for these losses.
Physical pain and suffering and emotional distress are both considered non-economic losses. Non-economic losses do not have a monetary loss associated with them. Still, the plaintiff can recover compensation for the physical and mental pain their illness caused.
Other Factors Affecting Talcum Powder Lawsuit Amounts
On top of the damages someone sustained, the settlement amount someone could receive depends on each plaintiff’s individual experience. Other factors that the courts could take into consideration when determining a settlement amount include the following:
- The extent of the illness and the prognosis for ongoing treatments
- If the plaintiff expects to make a full recovery
- The impact the illness has on the plaintiff’s ability to work
- The extent of physical pain the plaintiff experiences
- The negative psychological impacts on the plaintiff and their extent
Many factors can influence a settlement amount. Hiring a talcum powder lawsuit attorney who is familiar with mass tort cases can help give plaintiffs a fair chance at recovering the maximum compensation.
A Mass Tort Lawyer Can Provide an Estimate of How Much Your Case is Worth
One way to determine how much a mass tort talcum powder lawsuit is worth is to contact an attorney’s office. Attorneys can find out the losses you sustained and identify your recoverable damages. By calculating the costs of your recoverable damages, they can better understand how much you could recover through a settlement. Don’t let the other party get away with selling dangerous products and failing to warn consumers.
Fill out the contact form for an attorney in our network to reach out to you for a free consultation. At no cost, you can describe your experience and the turmoil your diagnosis has caused you. A mass torts attorney can inform you of outcomes people have reached in similar cases. Once you decide to move forward with an attorney, they can provide information about how much compensation you could recover in a settlement.