Talcum powder has long been linked to cases of ovarian cancer and mesothelioma. The effects are devastating, and to date, there is no cure for mesothelioma, which is a cancerous tumor caused by inhaling asbestos. People whose only contact with asbestos is through asbestos-contaminated talcum powder are also believed to contract the horrible disease. If you are diagnosed with an illness caused by using asbestos-laden talcum powder, you can pursue justice for a wrongdoing legally.
Basis For Filing A Lawsuit
More than 20 studies have linked talc to ovarian cancer since 1972. Hence, when the allegations that Johnson & Johnson (J&J), manufacturers of ‘Baby Powder’ and ‘Shower-to-Shower’ products, knew about the risk of ovarian cancer due to the talc since 1982 but failed to warn women of the dangers, this formed the basis of recent J&J litigations. If you are planning to file a talcum powder lawsuit, you must qualify using several criteria. You must have used J&J baby powder or shower-to-shower talcum for four or more years continuously in the ‘general area.’ It is a prerequisite that you are diagnosed with ovarian cancer, endometroid ovarian cancer, or mesothelioma. Your diagnosis must have been confirmed in 2009 or later. Plus, you must have used talc powder before menopause.
An Ongoing Litigation
The 2018 report by Reuters indicated that the company’s baby products were contaminated with asbestos. However, the company failed to warn consumers of the contamination. Thus, in 2012, a jury concluded that J&J did not sufficiently warn consumers of the dangerous effects of contact with the powder, increasing the probability of ovarian cancer and mesothelioma. The Johnson and Johnson case is a lawsuit that involved several years of litigation. According to a news report, J&J will pay $100 million to settle over 1,000 litigations involving the allegation that the talc-based baby powder it produces causes cancer. It is also facing more than 20,000 lawsuits, and in 2019, it issued a voluntary recall because chrysotile asbestos was found in its products.
Once your case has been properly evaluated by a lawyer, they will pursue the claim for negligence and wrongdoing. Note that talcum powder lawsuits are product liability cases, and the statute of limitations differs in each state. They run from 2-20 years, while a majority have 2-year status. The length of each case also differs, running from settlement within a year while to up to 10 years. Overall, these cases take several years to resolve.
Exposure to talcum powder that has asbestos in it can have fatal consequences leading to ovarian cancer or mesothelioma. Filing a lawsuit can award damages for wrongdoing and negligence. The compensation awarded can also help pay for costly medical bills and other related expenses.
