What Are the Criteria for a Talcum Powder Lawsuit?
For decades, families trusted talcum for a variety of daily hygiene needs without knowing the high risk of cancer it was exposing them to. Unfortunately, the link of ovarian cancer to the traces of asbestos found in talc products has led to devastating health issues and tragic losses.
If you were recently diagnosed with this deadly form of pervasive cancer, you might already suspect that your previous use of products like Johnson & Johnson's Shower to Shower was likely the cause. Having evidence of your health condition being caused by talc products may have you wondering what options you have to seek some type of justice for the blatant harm caused by companies selling these products without warnings about harmful side effects.
At Morgan and Morgan, we have the answers you need to determine if you're eligible to file a claim and/or join current class action suits against Johnson & Johnson and other hygiene-based product companies. Read on to learn more about who qualifies to take action and what other remedies are available to you under the law.
Who Is Eligible to File a Lawsuit?
If you want to file a lawsuit against a manufacturer of a talcum powder product you used that caused you to develop cancer, the following criteria are typically required:
- You must have used a talcum powder product. Preferably one produced by Johnson & Johnson.
- You should have received an ovarian cancer diagnosis sometime between 2000 and the present day. If possible, having biopsy information that determines your cancer is potentially linked to baby powder is ideal.
- Your cancer diagnosis must have occurred between the age of 22 and 65 years of age.
It's important to keep in mind that some women who have been found to carry specific genetic mutations (BRCA gene) will likely be unable to file suit. This is because current medical science can't prove if asbestos particles or your genetic makeup is behind your diagnosis.
What Kind of Damages Could I Receive for My Injuries from Baby Powder?
When you pursue a personal injury claim against companies like Johnson & Johnson for developing cancer because of asbestos in their baby powder products, you could receive compensation for the following:
- Physical pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Decreased life expectancy
- Loss of consortium
- Lost income and wages
In situations where you are a surviving family member of a loved one who died from ovarian cancer or mesothelioma caused by talc-based powder products, you may be able to file a wrongful death suit. These cases pursue much-needed compensatory damages for not just the pain and suffering of your loved one but the loss of their financial contribution to your household.
Be Ready to Answer These Health Questions When Hiring a Talcum Powder Attorney
When you decide to take legal action for your damages caused by baby powder or other talc products, be prepared to answer many personal health questions. Your attorney needs to know the answers to the following questions to determine what kind of evidence is available, what's missing, and if you are eligible to file a lawsuit for damages:
How Long Did You Use Johnson & Johnson Baby Powder?
This is an extremely important question. The answer will help your lawyer determine if your powder usage is the cause behind your cancer diagnosis. Typically, it takes continued exposure to asbestos in these products to develop this type of serious health condition. Keep in mind, too, that these cases don't always involve personal use. For example, mothers who used this powder on their young children often inhaled it during the application, directly exposing their lungs to the harmful substances in the product.
This question will also ensure that your case still meets the statute of limitations requirements for filing an injury claim.
Was Your Talcum Powder Use for Intimate Hygiene Issues?
Knowing how you used baby powder or other talc-based products can help your personal injury attorney figure out how you got exposed. It's common practice to use this type of talc powder in intimate regions of the body, like the perineum. In fact, until recent science exposed the harmful asbestos traces in the chemical makeup of this popular hygiene product, it was part of a woman's daily feminine regimen well into the 19th century.
When Did You Receive Your Cancer Diagnosis?
This question not only helps create a valuation of your financial losses but it establishes your eligibility to file a lawsuit. In addition, having evidence of your damages and the many years you endured these losses will further ensure you qualify for a compensation settlement.
Have You Had Cancer Before, or Any of Your Family Members?
Because baby powder was popular among all household members, it's likely other family members have also been diagnosed with cancer because of their using talc. Additionally, having previously recovered from cancer before only having it return helps lay the groundwork for proving that these products have caused you long-term physical harm.
Do You Suffer from any Diagnosed Diseases?
Ovarian cancer is just one of many serious illnesses that talc-based powders have caused consumers over the past century. Mesothelioma is another devastating type of cancer that affects the lining of your lungs. Any diseases you've suffered from in recent years will require medical evidence to back up your claim.
Companies Currently Named in Class Action Ovarian Cancer Lawsuits
Now that you understand the far-reaching implications of developing ovarian cancer or mesothelioma, you may be wondering what actions have already been taken and what companies are being held responsible.
The primary brands who are in the middle of lawsuits for their harmful baby-powder and talc-based products include:
- Johnson & Johnson
- Gold Bond
- Cashmere Bouquet is a brand owned by Colgate-Palmolive
- Old Spice
Currently, Johnson & Johnson has already had countless judgments issued against that total into the billions. The majority of the lawsuits they've lost involved consumers who developed cancer from using their products, and some of the usage goes back nearly two decades!