Who Qualifies for the Talcum Powder Lawsuit?
People who qualify for the talcum powder lawsuit have been diagnosed with mesothelioma, endometrial ovarian cancer, or ovarian cancer after using Johnson & Johnson talc-based baby powder. However, they must prove these effects occurred as a result of using the product and nothing else.
Johnson & Johnson recalled the product in 2019 after the Food and Drug Administration (FDA) found traces of asbestos in the powder. Prolonged use of this powder increases the risk of developing different cancers. If not treated earlier on, they could be fatal. Numerous claims against the company have translated into a class action lawsuit. If you or a loved one got sick from using talcum powder, attorneys in our network can help you determine your eligibility for the talcum powder lawsuit.
Call us today to find out more in a free consultation.
What Are the Criteria to File a Talcum Powder Lawsuit?
Plaintiffs who are interested in filing a talcum powder lawsuit need to understand the criteria to ensure their claim is valid. Failure to adhere to the following requirements could disqualify your claim.
You Must Have Used Johnson & Johnson Products that Have Talc Powder
Since the lawsuit involves Johnson & Johnson Baby Powder or Shower-to-Shower, you must prove to have used these products. You may have to present receipts or a transaction history showing that you purchased the products.
You Must Have Used the Product for Four or More Years
The effects of using Johnson & Johnson Baby Powder can only manifest after prolonged use—four years at a minimum. You must also prove that you’ve used the product continuously during this period and in the general area.
You Must Also Have a Diagnosis for a Certain Cancer
Endometrioid ovarian cancer, ovarian cancer, and mesothelioma are the common types of cancer diagnosed in people who have used Johnson & Johnson Baby Powder and Shower-to-Shower. You must also submit supporting medical documents to show that you got cancer within the period of using the products.
The Diagnosis Should Have Been Done in 2009 or Later
Only diagnoses made in 2009 or earlier are admissible during the filing. You can access this information in your medical history.
You Must Have Used the Powder Before Menopause
It’s crucial to prove that you’ve used the talcum powder products for years before menopause to qualify for a lawsuit.
The Time of Your Diagnosis and Talcum Powder Lawsuit
Filing the talcum powder lawsuit on time is the difference between who qualifies for compensation and those who don’t. Your state will define how long you have to file a lawsuit. This time frame is called the statute of limitations.
The onset of the statute of limitations may affect the legitimacy of your claim. For example, it would probably start when you receive your diagnosis and not when you started using the products.
If you try to file after the statute of limitations expiration, your case becomes null and void, and you’ll not receive any compensation. Lawyers within our network can help you understand how long you have before the expiry of the statute of limitations.
Are There Exceptions to the Statute of Limitations?
Usually, it’s hard to sue when the statute of limitations has passed since you have forfeited your legal rights to sue. This case applies when you were aware of the effects and understood your required steps, but you chose not to go ahead with pursuing legal actions.
However, there are cases where the statute of limitations can be temporarily amended, and the case can proceed. Such scenarios include:
- Underage: If the aggrieved party was less than 18 years when they suffered the injuries due to the defendant’s negligent actions.
- You were out of state: The statute for limitations can be rolled back if you can prove that you were out of state before it expired and you had no way of getting back on time.
The Discovery Rule
You can take advantage of the discovery rule to temporarily roll back the statute of limitations. To do so, you must prove that you didn’t have reason to believe that Johnson & Johnson products with talc powder were responsible for your cancer since you assumed the company acted in good faith.
You can also sue on the grounds that a good faith investigation couldn’t prove the injuries or harm caused to you wasn’t the defendant’s fault at that time. However, a fresh and recent investigation should prove otherwise.
However, the statute of limitations will start counting down after a successful rollback, and it’s vital if you act with haste. Additionally, finding a way around the statute of limitations is not always easy, but you can get legal insight by hiring attorneys in our network.
Types of Cancer and Talcum Powder Lawsuit
Over the years, thousands more women have filed similar lawsuits against J&J. The first noteworthy lawsuit took place in 2013 by a woman who developed ovarian cancer after using Johnson & Johnson’s Baby Powder for years.
Reuters reported that talcum powder was found to have traces of asbestos that cause various cancers over prolonged exposure. The talcum powder in the Johnson & Johnson product was proven to cause the following cancers:
- Ovarian cancer: This cancer starts in the ovary and spreads to the stomach and pelvis. The early stages show no symptoms, and it can only be detected through medical screenings. This cancer can be fatal and would require chemotherapy and surgery to treat.
- Endometrial cancer: This cancer starts in the endometrium, or the lining of the uterus, and can go undetected for a long time. It may also be fatal, requiring chemotherapy or surgery for treatment.
- Mesothelioma: This cancer affects the lungs’ or abdomen’s lining and can be fatal if left untreated. Asbestos exposure is usually the trigger of this disease.
In 2020, J &J had to pay over $100 Million to cover 1,000 talc suits. Also, the CNN – Asbestos Talc Verdict indicated a $4.69 billion verdict against Johnson & Johnson in 2018. The attorneys argued that Johnson & Johnson Baby Powder contains asbestos and presented evidence linking the ovarian cancer cells with the product containing asbestos.
Building a Talcum Powder Lawsuit for your Situation
While aggrieved parties globally are encouraged to file their claims and join the talcum powder lawsuit, it’s essential to know how to go about the process. To build a successful lawsuit to suit your situation, you need to follow strict steps that include:
- Prove the effect: It’s the most critical step when building a talcum powder lawsuit. This step relies on the diagnosis, and you should prove that you got sick because of the talcum powder.
- Prove you used the products: Your personal testimony would not cut it if you want to be successful in your talcum powder lawsuit. You need to show concrete proof that you bought and used the products. Purchase receipts would come in handy here. If you can’t get any, you may be able to trace your expense receipt by contacting your credit card issuer.
- You must have used the product for years: A few months’ uses are insufficient to prove the product affected you. The lawsuit requires you to have over four years of use.
- Get a product liability lawyer: Lawyers from our network will help you put all these things together, follow up on the case, and offer legal counsel.
Additionally, you need to show the effects cancer has caused on your life financially and non-financially. Some of these damages may be medical bills, loss of income, and emotional trauma.
How Much Can You Get From the Talcum Powder Lawsuit?
You may be entitled to collect fair compensation for all the suffering and pain you’ve gone through due to the damage caused by the talcum powder use. However, you must prove that these complications are a result of negligent action on the part of Johnson & Johnson.
The attorneys in our network will help you assess the extent of damage—physically, emotionally, and financially—to come up with an estimate of the compensation you should expect.
In fairness, you should expect to recoup all the expenses you incurred during the treatment period, plus more to cover the loss of income, reduced earning capacity, and emotional and mental strains you endured. Also, the severity of your illness will contribute to the total compensation. For instance, plaintiffs who have advanced cancer may have grounds to seek more compensation than those who face a shorter prognosis.
Can You Build a Talcum Powder Lawsuit When Someone Has Passed Away?
If you have lost a loved one from cancer due to talcum powder use, you can sue on their behalf, provided you present enough evidence to back your claim. In this case, you might want to prove that they contracted cancer after using the talcum powder and that they had used it for years.
Secondly, you must prove that they suffered injuries and harm from cancer and that their death resulted from this illness. Provide their medical history that documents their ovarian cancer or mesothelioma diagnosis and treatment. Finally, you need to prove that they had no contact with asbestos other than the powder and that they used the powder for feminine hygiene reasons.
The settlement should cover all their medical bills, emotional, mental, and physical anguish, funeral expenses, income loss, and more to cater to the family left behind.
How Can a Lawyer Help Out with Talcum Powder Lawsuit?
Hiring a talcum powder lawsuit lawyer is the first thing you may want to consider doing after getting your diagnosis results. Attorneys from our network may offer you a free, no-obligation consultation in which they help you understand what is at stake and what to expect when taking legal action.
What’s more, many of them will take your case on a contingency-fee basis. That means you won’t have to pay any upfront, hourly, or out-of-pocket costs. Your attorney will deduct their payment from the compensation they secure for you. They’ll only get paid if you do.
Additionally, they can work closely with doctors, insurance agencies, and primary caregivers to conclude the damages you’ve suffered to help strengthen your case.
These are the steps they take to help you out:
- Investigate the financial struggles you have had to endure to deal with the cancer treatment. They may get this information by checking the medical bills, personal bills, and any other expenses that result from your damages.
- Establish the career impact of your damages and the loss of income you’re likely to face. They can also establish if your condition is severe enough to stop you from working.
- Determine the extent of physical and mental suffering you had to go through during your diagnosis and treatment period
- Come up with an estimate of the compensation to expect from the lawsuit
- Negotiate a settlement that covers the extent of your losses
- Litigate your case in trial if they cannot reach an out-of-court settlement
They will never leave you in the dark. As such, they will provide you with regular case updates and promptly answer your questions.
Talk to a Lawyer About the Criteria to File a Talcum Powder Lawsuit
If you or your loved one has suffered from using Johnson & Johnson talc products, you might qualify for the talcum powder lawsuit. We can help you can get fair compensation through the attorneys in our network. They have helped numerous clients win and get fair damages, so you can count on them to build your case by gathering the relevant evidence and working with your medical team.
With tens of thousands of lawsuits taking place globally, you may opt for a personal injury attorney in your corner to guide you through the way. Call us today for a free consultation, or fill out our contact form.