Baby Powder Talc Litigation
Since 1971, studies have linked talc powder and ovarian cancer, but baby powder talc litigation is still a new and expanding area of law. Additionally, since 2003, a review of many of these studies determined that women using talcum powder are 33% more likely to end up developing ovarian cancer. Even worse, it has been determined that the Johnson & Johnson company, which produces talc-containing products, was aware of ovarian cancer risks their products posed since 1982 but did nothing to warn consumers. It should be no surprise that in recent years, baby powder talc lawsuits and court litigation has ensured and are being filed all over the country.
Gerson & Schwartz, PA, our personal injury attorneys understand just how devastating the injuries caused by dangerous products including. Our lawyers have fought many fortune 500 companies for placing dangerous products on the market in light of the known dangers some and serious harms many products may cause others.
If you're a loved one believe you have developed ovarian cancer due to use of talc baby powder do not delay. Contact a lawyer at Gerson & Schwartz. We remain committed to fighting for the results our clients deserve and protecting consumers from corporations that places dangerous or defective products in commerce.
If you or a loved one have been harmed by baby powder and you now need help pursuing damages from those parties responsible you have legal options. You can reach us today by calling 305-371-6000 or toll-free at 877 475 2905.Baby Powder Talc Litigation Basics
Baby powder lawsuits focus on claiming that the manufacturers of the product were aware for many years that there is a link between the talc they used and deadly diseases like ovarian cancer and mesothelioma. These companies intentionally failed to warn others that their talc powder could cause cancer by entering a person's body as it is applied for personal hygiene reasons. Some of the personal hygiene products known to contain talc and which have been the basis of baby powder talc litigation include a claim for product liability in connection with:
- Baby Magic Baby Powder
- Clubman Pinaud Talc
- Gold Bond Medicated Powder
- Johnson's Baby Powder by Johnson & Johnson
- Nivea Pure Talc
- McKesson Baby Powder
- Shower to Shower by Valeant Pharmaceuticals
The deadliest side effect that arises in women who use talcum powder is ovarian cancer, which occurs when the powder enters the body through the vagina. Mesothelioma is also a common occurrence when talcum powder enters a person's lungs.
The specific mechanism in talcum powder that results in cancer is still not known. One theory involves chronic inflammation of the genital area as talc powder disperses through the body. Another theory is that talc powder suppresses some antibodies that often protect against cancer. Other researchers have noted that talc powder has a chemical nature similar to asbestos and that the two substances are often found side by side in natural deposits. When not extracted carefully, talc used in consumer products can contain traces of asbestos, which when ingested can cause substantial irritation that can result in cancerous tumors. Regardless of the exact science involved, baby powder talc litigation can help victims obtain the compensation they need.Who is Impacted by Talc Powder Cases
In February 2020, jurors in Miami requested that Johnson & Johnson pay $9 million to an 82-year-old woman who argued that asbestos-containing talc caused her cancer. Besides consumers, there are several other types of people who were exposed to talc powder, which include:
- Children who are exposed to baby powders as part of their hygiene routine
- Talc miners and individuals who work at Johnson & Johnson talc mines
Johnson & Johnson was recently ordered to pay billions of dollars to women who developed cancer as a result of talcum powder use. Victims interested in joining such lawsuits should understand that mass litigation against the manufacturers of talcum powder often takes a long time to resolve. Let our skilled personal injury lawyers focus on creating the strongest case possible in your baby powder talc litigation, while you focus on your health and recovery.
Many talcum powder lawsuits hinge on the close evaluation of medical records. Lawyers often consult with medical professionals to assess if the victim has a viable claim for compensation as a result of talcum powder usage.
Expert testimony can help to show that a person's cancer or other injury was directly caused by talcum powder use or exposure. Attorneys often must establish that a person engaged in consistent and long-term usage of these products.
When numerous people experience harm as the result of a defective or dangerous product, courts often rely on multidistrict litigation, which is different from class-action lawsuits. Multidistrict litigation has become a part of some baby powder lawsuits. While class actions involve only one lawsuit, multidistrict litigation allows each plaintiff to maintain control over his or her claim. All of the claims are then heard before a single judge, who then rules once on pretrial issues that impact the cases.Establishing the Right to Compensation for Talcum Powder-Related Illnesses
Baby powder talc litigation initiated against manufacturers that use talcum powder in their products is based on product liability laws. These laws hold manufacturers liable for all illnesses and injuries that are directly caused by their products. Manufacturers are held accountable through these laws even if they did nothing specifically wrong or even if they were not negligent. Many baby powder talc litigation claims state that talcum powder was the direct cause of a plaintiff's cancer and argue that as a result, the victims are entitled to compensation. Some lawsuits also argue that manufacturers were negligent because they failed to warn users about the risks associated with talc exposure.The Statute of Limitations for Talc Powder Lawsuits
In Florida, the statute of limitations for product liability claims is four years from the date that a person was injured. If a claim involves wrongful death, the statute is reduced to two years. Your lawyer can provide you with a better understanding of what limitations apply to your case. If you attempt to pursue baby powder talc litigation outside of this time window, you will likely be barred from pursuing compensation.Speak with an Experienced Florida Talcum Powder Lawsuit Attorney
If you or a loved one developed ovarian cancer or any illness as a result of frequent use of talcum powder, do not hesitate to contact Gerson & Schwartz, PA today. Our lawyers can make sure that you are properly evaluated by a knowledgeable medical professional and take every step necessary during baby powder talc litigation to make sure you receive the maximum amount of compensation possible. Contact our law office today to schedule a free case evaluation.