Talcum Powder Lawsuit
Talcum powder has been around for a long time. In fact, talcum powder has been used as a personal hygiene product even before the 20th Century. Although many people use talcum powder today without any issues, many others do in fact have issues with its use. Some claimants have shown that using talcum powder can cause cancer, including ovarian and lung cancer.
You must have heard about the potential dangers of talcum powder, and now you want to know more. You may have read an article or seen a social media post suggesting that talcum powder is dangerous and linking it to ovarian cancer, endometriosis, and various genital warts, among other health problems. If so, you are not alone.
Talc-based products like talcum powder have been under scrutiny for years due to the potential links between them and a variety of health problems. Talcum powder is one of the most commonly used personal care products in the world. It is used in a wide range of everyday personal care items such as:
- talc-based body powders
- baby powders and makeup setting sprays
- deodorant sticks
- face creams and gels
- shaving creams and soaps
- nail polish remover pads
- incense burners
- hair pomades (a type of hair product used in styling)
- liquid soap substitutes (soap substitutes that use small amounts of soap rather than solid bars)
- hair spray alternatives (hairspray alternatives that use small amounts of hairspray rather than large solid containers)
- nail enamels
- nail hardeners (to help keep nails strong) or nail lacquers (to help seal nails after manicures)
- facial masks or masks for spot treatment (used topically on targeted areas)
Have Lawsuits Been Filed Against Johnson & Johnson?
Johnson & Johnson has had numerous lawsuits filed against them for talcum powder being linked to causing cancer. The first talcum powder lawsuit was filed against Johnson & Johnson in 1976. A woman claimed that she developed ovarian cancer after using the company’s Baby Powder and Shower to Shower products. The company denied these allegations and argued that talc was not linked to ovarian cancer.
In 2016, the New Jersey Supreme Court ruled in favor of plaintiff Gloria Ristesund, who claimed that her use of J&J talc-based products caused her mesothelioma. Ristesund had been diagnosed with mesothelioma after using J&J talc-based products for over 30 years. The court ruled that she was entitled to compensation due to her long history of use and evidence that J&J knew about the risks associated with their products but failed to warn consumers about them.
In 2018, a jury found that Johnson & Johnson was liable for the death of Jacqueline Fox who claimed she used their baby powder for feminine hygiene for 35 years. The jury awarded her family $72 million.
In 2018, twenty-two women filed a lawsuit against the company in St. Louis, Missouri, claiming that they developed ovarian cancer after using talcum powder products. The women claimed to have used talc-based products exclusively on their genital areas for several years and were diagnosed with ovarian cancer within 14 years of using the product. The jurors in the matter awarded $4.6 billion which was unprecedented damages ever paid out against Johnson and Johnson.
Johnson and Johnson appealed the award which was reduced to around $2 billion. However, they were dissatisfied with the outcome and appealed the decision which the Supreme Court dismissed. The company’s legal problems in the United States have centered on its talcum powder products and its involvement in the marketing of those products. The company currently faces around 38,000 legal suits against it.
In 2021, the National Council of Negro Women sued Johnson and Johnson claiming that the company had deliberately targeted black women despite evidence showing the products cause cancer.
In each of the cases listed above, the lawsuits claimed that J&J was negligent in failing to disclose the presence of asbestos in its talc products when they knew or should have known of its presence. The lawsuits alleged that J&J’s false statements about their talc products were fraudulent or misleading and violated state consumer protection laws.
The lawsuits also claimed that J&J’s failure to disclose the presence of asbestos led to an increased risk of cancer among consumers who used their products. The plaintiffs alleged that they developed mesothelioma, lung cancer, ovarian cancer, or uterine cancer as a result of using J&J’s talc-based products. They demanded compensation for all forms of their medical expenses, lost wages, pain and suffering, and other damages arising from their use of J&J’s baby powder.
What is the link between ovarian cancer and talcum products?
The concern about talc use has been around for some time. In 1971, a study found a connection between genital talc use and ovarian cancer. Since then, several other studies have also found a link between talc use and ovarian cancer risk.
Ovarian cancer is the fifth leading cause of cancer death in women in the United States, accounting for more deaths than any other cancer of the female reproductive system. It is estimated that approximately 20,000 new cases will be diagnosed this year, and about 12,000 women will die from it.
Ovarian cancer is a devastating disease, with a high mortality rate. A woman’s risk of developing ovarian cancer increases with age, and more than half of all cases are diagnosed after age 60.
What is Talcum Powder?
Talc is a mineral that’s used in many personal care products, including baby powder and body powders. It absorbs moisture well and feels cool to the skin, making it useful for keeping skin dry and preventing rashes but some studies have linked talc use to an increased risk of ovarian cancer.
How does talc get into your body?
When you apply talcum powder or another product containing talc to your skin or vagina (in the case of baby powder), some of it can get into your bloodstream and travel through your body to reach other organs, such as ovaries which are sensitive to chemicals traveling through the bloodstream.
Studies have shown a link between genital exposure to talc and ovarian cancer risk in women who are exposed to it in their genital area on a regular basis over many years.
Individual vs. Class Action Lawsuit
A traditional individual lawsuit is where one party sues another party, and all of the parties are present in court. In a class action suit, a plaintiff sues a defendant or a number of defendants on behalf of a group, or class, of absent parties.
The court typically appoints an attorney in a class action lawsuit to represent the interests of all those who wish to join the case. The court will then determine how much money can be awarded to each individual and how they will be paid. A class action lawsuit is not necessarily the best way to recover for individual injuries or deaths from talc-related cancer or other diseases as it can be very expensive and time-consuming.
Lawsuit Settlement Amounts
Johnson and Johnson is one of the most popular brands for baby products. The company has been in business since 1886, and its products are used by millions. This popularity has also made it a target for lawsuits, which have led to millions of dollars in settlement amounts.
The lawsuit settlement amounts by Johnson and Johnson may be difficult to ascertain. Ordinarily, when the company wanted to settle it would deploy the use of non-disclosure agreements that would forbid victims from ever discussing the matter in public. They tried this tactic with Jacqueline Fox who refused the compensation and sued Johnson and Johnson instead.
In November 2021, J&J reached $100 million in settlements. However, before making the payout, J&J filed for bankruptcy which has been seen as a ploy to subvert the compensation process.
What Can a Product Liability Attorney Do for Me?
Johnson & Johnson has been hit with many lawsuits over its talcum powder products, which many people allege caused them to develop ovarian cancer. They have sued Johnson & Johnson for failing to warn about the product’s alleged health risks. The company denies those allegations and says it is unaware of any link between its products and ovarian cancer, but they have been roundly defeated in court.
As shown above, many lawyers have been successful in representing clients who have been diagnosed with ovarian cancer after using talcum powder products. Some lawyers specialize in this type of case and practice on behalf of those suffering from mesothelioma or lung cancer from asbestos exposure.
If you believe you or someone you love may have been exposed to harmful substances such as asbestos or chemicals found in personal care items such as talc-based powders and lotions, then know that a lawyer can provide legal representation to protect your rights. If you were injured by a defective product, you may be entitled to compensation for your medical expenses, lost wages, pain and suffering, and other damages.
An attorney can help you understand your rights and legal options to obtain the compensation you deserve. A talcum powder lawsuit attorney can help you decide whether to file a lawsuit or settle your case with a company. Talcum powder lawsuits can be difficult to assess as a layperson, therefore seeing a lawyer may help you make a more informed decision.
If you have been diagnosed with mesothelioma, an attorney can help you file a lawsuit against the manufacturer of the talcum powder product that caused your asbestos-related mesothelioma. Having an attorney on board will help you know what documents and evidence you need, as well as help you build a case for your mesothelioma lawsuit.
Additionally, a product liability attorney will advise you on the timelines of filing your lawsuit. A personal injury attorney can be very helpful in determining how much compensation you may receive for your medical bills, lost wages, and pain and suffering.
What Your Lawyer Will Need to Know
Before your attorney files a lawsuit against the manufacturer on your behalf, they will want to know more about your case, such as:
- The talcum powder product that caused your mesothelioma
- Medical expenses you’ve incurred due to your illness
- Your lost wages due to missing work
- Potential future medical expenses
If you developed mesothelioma as a result of using talcum powder, your attorney may be able to help you obtain compensation for your current and future medical expenses, lost wages, as well as your pain and suffering.
Consult a Talcum Powder Lawsuit Attorney
If you or a loved one has developed mesothelioma as a result of using talcum powder, do not hesitate to contact us today. Mass Tort Attorneys in our network can assess your case to help you obtain the compensation that you deserve.