As a result of the wave of lawsuits, Johnson & Johnson recalled some batches of their line of talcum baby powders in October 2019, and fully removed all of their talcum baby powders from the market in May 2020.
But this does not get rid of the liability the company may have for any damage caused by their talcum-based products in the past. If you or a loved one were diagnosed with cancer after using talcum baby powders, you may be eligible for compensation. Give us a call today for a free case review.
Individual Suits Are Different from a Class Action
There has also been a class action suit filed against Johnson & Johnson over talcum baby powder, but women who allege they have contracted cancer from talcum might want to consider filing their own separate suits.
The big difference is that with individual suits women have pursued compensation for medical bills, pain and suffering, and lost wages, among other things. Those who are part of the class action are suing only for recovery of the cost of the product, regardless of existence of a cancer diagnosis.
How Much Does an Attorney Cost?
At McKay Law, our attorneys work exclusively on a contingency-fee basis. This means that our attorneys will only get paid if they resolve your case favorably, whether with a settlement or jury award. Typically, if a case settles before going to trial, your attorney receives a reasonable percentage as a fee. If we are unable to settle your case for the amount you deserve, our attorneys will continue their pursuit of your compensation in court for a reasonable percentage.
If you or someone you know developed ovarian cancer after using talcum or baby powder, our attorneys would like to speak with you. You may be able to file a lawsuit against the company that manufactured the powder you used. For more information, contact us today for a free consultation.
Top 10 Talcum Dangers Questions Answered
Talcum baby powder has been making headlines lately as worrisome evidence that talcum-based products pose severe risks to consumers continues to accumulate. Thousands of lawsuits are pending against manufacturers, with consumers claiming that talcum-based wares caused their cancer. Meanwhile, companies selling the products insist the items are safe.
This conflicting information has resulted in substantial consumer concern regarding the safety of talcum products. Many people who have been diagnosed with cancer after using such items are left wondering whether a lawyer can help. Below, we’ve answered your most pressing talcum questions so you know where you stand.
1. What is talcum?
Talcum is a soft, naturally occurring mineral made of oxygen, silicon, and magnesium. After talcum is mined and processed, the resulting fine powder is used in a variety of cosmetic products.
2. What is talcum used for?
Talcum appears in a wide range of products, including talcum baby powder, feminine hygiene products, makeup, lotions, and deodorant. As talcum powder is known for its odor- and moisture-absorbing properties, some women use it in their genital area. Genital exposure to the mineral can also occur during condom, menstrual pad, or diaphragm use.
3. Why is talcum harmful?
In nature, talcum deposits are often found near dangerous accumulations of the carcinogenic mineral asbestos. Asbestos has been linked to many types of cancer, including ovarian cancer and mesothelioma, a rare disease of the lungs. Even trace amounts of asbestos have the potential to cause cancer, and diagnoses are often made decades after a talcum-containing product was used.
Although the federal government required talcum-based wares to be asbestos-free starting in the 1970s, scientists have noted that it is difficult to comply. In addition, there is evidence that companies continued to sell talcum products that tested positive for asbestos long after regulations went into effect. A recent Reuters report showed that Johnson & Johnson’s baby powder contained asbestos from 1971 through the early 2000s, exposing consumers to serious risks for decades.
The International Journal of Gynecological Cancer states that women who use talcum baby powder on their genital area have a 30% to 60% increased risk of cancer. Researchers believe that talcum causes the disease by provoking chronic inflammation of the fallopian tubes, uterus, and ovaries, and potentially suppressing cancer-fighting antibodies.
Talcum baby powder also has been connected to mesothelioma, a rare lung cancer. When the small airborne particles enter the lungs, they can cause irritation, chronic inflammation, and the eventual formation of cancerous tumors.
4. Why are people filing lawsuits?
Thousands of people who have been diagnosed with ovarian cancer and mesothelioma have filed lawsuits against companies that use talcum in their products. Johnson & Johnson has been at the center of many recent lawsuits, with victims claiming that they developed cancer after using the company’s talcum-based items consistently for years.
Another key aspect of the lawsuits involves prosecuting attorneys’ claims that manufacturers like Johnson & Johnson knew for over 40 years that their products contained asbestos. According to internal J&J documents, the company concealed this information from the public and refused to put safety warnings on its items or remove them from sales shelves.
5. How many lawsuits have been filed?
As of March 2019, more than 13,000 lawsuits were pending against Johnson & Johnson. Lawsuits are also pending against other talcum product manufacturers.
6. Have there been any settlements or verdicts?
There have been several settlements and verdicts against Johnson & Johnson, Colgate-Palmolive, and other manufacturers for cases involving ovarian cancer and mesothelioma. Settlements are on the rise in 2019.
The largest verdict against J&J was in July 2018, when a St. Louis jury awarded 22 ovarian cancer victims $4.6 billion after concluding that their use of the company’s baby powder caused their ovarian cancer. In May 2018, $25 million was awarded to Joanne Anderson by a jury concluding that her mesothelioma was caused by her use of talcum powder. In June 2019, Johnson & Johnson and Colgate-Palmolive were ordered to pay $10 million to Patricia Schmitz, who was diagnosed with terminal mesothelioma after using their talcum products.
These are just a few recent examples of verdicts against companies. From 2016 to today, manufacturers of talcum products have paid hundreds of millions of dollars to victims.
7. How are companies responding to lawsuits?
Despite many losing verdicts and settlements, companies continue to claim that their products are safe and do not contain asbestos or cause cancer.
8. Who can file a lawsuit?
If you have been diagnosed with mesothelioma or ovarian cancer after using talcum-based products, you may be eligible to file an individual lawsuit, especially if you have a consistent history of using such wares over a significant time period.
The more frequently you used the product and the longer the duration, the more likely it is that your cancer could have been caused by one containing talcum. Because statutes of limitation for filing a lawsuit vary by state, it is in your best interests to speak with a lawyer as soon as possible after your diagnosis.
9. What can I win in a talcum baby powder lawsuit?
What you can recover depends on the type of lawsuit you file. For example, there is a class action suit filed against Johnson & Johnson where many consumers are suing for damages related to the cost of the product. However, it is important to understand that class actions do not cover individual health-related costs.
If, on the other hand, you file an individual lawsuit, you may be able to receive compensation for medical bills, lost wages, pain and suffering, and other expenses. Each case is different, and depending on the cost of your medical bills, the symptoms you experienced, and how much work you missed, the final settlement amount will vary.
10. What can an attorney do for me?
A good lawyer will ensure that your best interests are taken into account. They will make sure you meet important deadlines, give you a clear understanding of your legal rights, and supply trusted expert witnesses to bolster your case.
At McKay Law, we specialize in working with victims who have been harmed by these companies. We are committed to aggressively fighting for your rights and helping you receive the best results for your losses.
Free Consultation with Talcum Baby Powder Lawsuit Lawyers
Mckay Law is eager to boldly fight and protect anyone who may be the victim of Cancer caused by Talcum Baby Powder.
Mckay Law is a national personal injury law firm that focuses on representing victims of personal injury cases. Personal injury law holds parties liable for the injuries and damages that they cause to others as a result of negligent or intentional misconduct. If you have been diagnosed with mesothelioma or ovarian cancer after using a talcum-based product, Call us today or submit your case for a free consultation.