Want to sue if you developed ovarian cancer from talcum powder?
Our dangerous drug lawyers represent women and their families in talcum powder ovarian cancer lawsuits.
Cases are pending against companies that used talcum powder in everyday products, like baby powder.
Recent scientific studies show that asbestos particles in the product can cause ovarian cancer in women who regularly used the product.
Johnson & Johnson invented its baby powder product in 1892 after adding perfume to Italian talcum. It marketed baby powder for use along with sanitary napkins that mothers would use after childbirth.
It became so popular that it used in cosmetics and other sanitary products.
The two most widely used baby powders in the United States are made by Johnson & Johnson. These are Johnson’ Baby Powder and Shower to Shower.
Powder products have been used for more than a century to prevent and treat diaper rash in babies.
Many women have used it on a daily basis over their lifetime in their genital area to reduce feminine odor. In fact, many women use the product as a regular part of daily bathing and hygiene.
Of course, none were made aware it could cause ovarian cancer. talcum powder also puts women at an increased risk for the disease.
If you or someone you care used baby powder and was diagnosed with ovarian cancer, contact our experienced lawyers today to file a talcum powder lawsuit.
You may be eligible for a settlement. Call us now for a free consultation!
- What is talcum powder?
- Ovarian cancer statistics in the United States
- Talcum powder linked to ovarian cancer
- Legal basis for baby powder lawsuits
- Criteria for filing talcum powder lawsuit
- History of talcum powder trials and jury verdicts
What is Talcum Powder?
Talcum powder ingredient in baby powder products associated with ovarian cancer. It is powder is made from talc. This is a mineral made up of the elements known as magnesium, silicon, and oxygen. These form talc particles.
Talc is mined in many locations throughout the United States.
Talc has many everyday uses in the production of certain products. These include paint, ceramics, flooring, caulking, and roofing. It has also been used in a number of cosmetic products, primarily those in powder forms.
As a powder, it absorbs moisture and cuts down on friction, making it useful for keeping skin dry and helping to prevent rashes.
It is widely used in baby powders and adult body products.
Is Talcum Powder Dangerous to Women?
Talcum powder is dangerous when used on a person’s body. In its natural form, some talc particles contain asbestos particles that can be inhaled or otherwise enter the human body.
Asbestos is also a naturally occurring silicate mineral. Both talc and asbestos are naturally occurring minerals found in close proximity in the earth.
Asbestos is a known carcinogen, or substance capable of causing cancer in living tissue. Similar to tobacco, asbestos particles are a major cause of many different types of cancers in humans.
There is the potential for contamination of talc with asbestos. Therefore, it is important to select talc mining sites carefully and take steps to test the ore sufficiently.
These particles are known to cause lung cancers, including mesothelioma. Mesothelioma is a deadly type of cancer often found in workers exposed to asbestos in industrial and other settings.
It has been the subject of litigation for the past 40 years.
Many recognized cancer institutions consider the use of talc particles in the genital area a risk factor for developing ovarian cancer. This includes both the National Cancer Institute and the American Cancer Society. Unfortunately, powder products are not under regulations by the Food and Drug Administration.
Scientific studies now link consumer products, like baby powders, to ovarian cancer.
As a result, may women who used the talc product and developed ovarian cancer have filed a talcum powder lawsuit.
Ovarian Cancer Statistics in the United States
Ovarian cancer is the second most common gynecologic cancer in the United States.
Ovarian cancer causes more deaths than any other cancer of the female reproductive system. In 2016, there were 20,418 new cases of ovarian cancer reported. In that year, 14,223 women died of the disease.
It is known as a “silent killer” because many women have no signs or symptoms until it is late in the disease process. As a result, it is often in an advanced stage by the time treatment is first initiated.
The American Cancer Society estimates that in 2020, there will be close to 22,000 women given a new diagnosis of ovarian cancer and close to 14,000 women will die from the disease.
Ovarian cancer ranks fifth in cancer deaths among women. It is the leading cause of death of all cancers related to the female reproductive system.
Although this cancer mainly develops in older women, it is found in both teenage females and middle-aged women.
Approximately 50% half women are diagnosed with ovarian cancer are 63 years or older. This may be in part because it is often diagnosed at a late stage.
The bar chart below displays the rate of new cancers by age group in both sexes and all races, courtesy of data compiled by the Centers for Disease Control and Prevention.
While cancer impacts people of all ages, races, ethnicity and sexes, it does not always affect them equally. For most cancers, increasing age is the most important risk factor.
Does Talcum Powder Exposure Cause Ovarian Cancer?
The American Cancer Society lists talcum powder as a risk factor for ovarian cancer, the deadliest cancer of the female reproductive system.
Many believe that up to 2,200 cases of ovarian cancer diagnosed each year may have been caused by regular use of talcum powder.
Research studies explain that when women use talc-based powders in their genital area, the talcum powder can enter the body and irritate tissue in the fallopian tubes or ovaries.
In 1971, the first study conducted regarding the use of talcum powder and ovarian tumors found that some women who had used talc on their genitals had remaining particles in their ovaries.
By using baby powder near the genitals, the tiny particles of asbestos powder can travel into the female reproductive tract and cause serious medical complications.
Since then, multiple other studies have revealed a possible link between women who are diagnosed with cancers of the reproductive tract and perineum and talcum powder use.
In fact, multiple studies performed since 2013 link the use of products containing this power to ovarian, endometrial, and perineal cancers.
An analysis of more than a dozen scientific studies showed a 33% increase in cancer risk rates with women who did use these powder products.
In 1976, the Cosmetic, Toiletry, and Fragrances Association issued voluntary guidelines stating that all talc used in cosmetic products in the United States should be free from detectable amounts of asbestos according to their standards.
Despite these guidelines and well- established research, manufacturers of baby powder did not remove talcum powder from their products. Companies, like Johnson & Johnson, kept making and selling their products like business as usual. This is primarily because talcum powder is not a product regulated by the Food and Drug Administration.
Does Talcum Powder Cause Uterine Cancer or Cervical Cancer?
There have been no definitive studies yet linking talcum powder to other gynecological cancers.
These associations will likely be investigated further in the near future as the same mechanism for exposure occurs as for ovarian cancer.
What is a Talcum Powder Lawsuit?
A talcum powder lawsuit is a legal claim against a baby powder maker for causing ovarian cancer in a woman.
The suits claim there is a link between the hygiene product and the deadly type of women’s cancer.
The first talcum-based powder lawsuit was a small victory for the manufacturer. However, the ruling set a precedent that continues to today.
In that case, the Plaintiff Diane Berg was 49 years old when she was diagnosed with ovarian cancer in 2006. Three years later, she brought her lawsuit against Johnson & Johnson alleging she developed ovarian cancer from using baby powder.
The case did not settle and went to a jury trial.
At trial, she testified that she regularly used Johnson’s Baby Powder by sprinkling it in her underwear for feminine hygiene purposes.
Unfortunately, the jury did not side with her and she received no compensation. However, the jury did find a link between talcum powder and ovarian cancer.
This finding set the groundwork for thousands of other cases.
What is the Legal Basis for Baby Powder Lawsuits?
Lawsuits against Johnson & Johnson and other powder product manufacturers allege two main theories of product liability. Both legal theories allege women developed ovarian cancer after using Johnson & Johnson powder products.
First, the cases allege the product is defective as sold and the manufacturer is liable for making and selling a dangerous product.
Second, the cases allege that companies intentionally concealed known information about the link between the use of their product and female cancers. This is known as a “a failure to warn” claim, because the company failed to warn consumers of the potential risk of ovarian cancer.
Johnson & Johnson had a limited warning label on its plastic bottle that addressed potential harm to children.
It warned “to keep the powder away from a baby’s face to avoid inhalation.”
The warning label made no mention the baby powder could cause cancer. Many women used the product believing it was safe for regular use.
Unfortunately, they did not have a warning label that states it could cause women to develop ovarian cancer.
The alleged reason was to continue selling powder products and other items containing talcum to make a profit, despite the cancer risk.
Johnson’s Baby Powder and Shower to Shower are some of the most profitable products sold by the Johnson & Johnson Company.
Which Talc Products are in Ovarian Cancer Lawsuits?
The main products in talcum powder lawsuits are Johnson’s Baby Powder and Shower to Shower.
Both of these talc-based products are made by Johnson & Johnson Company and often used for feminine hygiene purposes.
Other talcum powder products implicated in potential suits include those made by Gold Bond. These powder products include:
- No Mess Power Spray
- Body Powder
- Extra Strength Body Powder
Are Baby Powder Cases All Class Action Lawsuits?
A large number of talcum powder lawsuits have been filed as individual cases. This means that each plaintiff has her own case and claim for compensable damages.
For an individual case, all of the medical evidence and request for compensation pertains to a single woman only. A jury determines if the baby powder caused her ovarian cancer. And if so, how much the company must pay her in damages.
Some cases were filed as class action lawsuits. However, these product liability cases claim only the cost of the product as compensation and not the personal injury damages or punitive damages.
Do I Qualify to Sue for a Talcum Powder Lawsuit?
Of course, not every woman with ovarian cancer or every woman who used talcum powder can sue Johnson & Johnson. To qualify for compensation and file a product liability lawsuit, you must generally meet the following criteria to be eligible for a settlement:
1. Use of talcum powder product. Most notably, these are the powder products of Johnson & Johnson or Shower to Shower Baby Powder. There are no claims for gels or other liquid body washes. There must be some evidence of using talcum powder. This includes the testimony of the plaintiff or her family members.
2. Must have had a diagnosis of ovarian cancer from 2000 to present. Biopsies are helpful in determine if the type of cancer is linked to baby powder.
3. Diagnosis of the cancer must be at age 22 or older and before age 65. The diagnosis must happen between ages 22 and 64 years of age.
Unfortunately, we cannot accept cases for a woman who was tested and confirmed to have genetic mutations, like the BRCA gene.
It is difficult to prove that the disease was caused by exposure to asbestos particles and not from genetics.
To learn if you are eligible to file a claim, call us now for a free consultation!
What is the Compensation for an Ovarian Cancer Claim?
A personal injury lawsuit, including for a dangerous product, can claim the following type of compensatory damages.
Through this lawsuit, they are seeking compensation for their damages. Compensatory damages include:
· Physical pain and suffering, including from surgery, radiation, chemotherapy and other procedures use to treat the cancer or its side-effects. These damages are for past, present, and future suffering by the victim;
· Mental anguish and psychological harm caused the diagnosis, treatment, and recovery from surgeries and procedures;
· Loss of enjoyment of life, including normal daily activities, family functions, travel, and other harms resulting from the condition;
· Decreased life span or life expectancy resulting from the condition;
· Loss of consortium, or the loss of companionship of loved ones. This especially applies to the loss of intimacy with a spouse or partner due to the cancer;
· Lost income and wages, including a loss of future earnings or earning capacity.
Can Family Members Sue for the Death of a Loved One?
For cases involving the death of a loved one, the surviving families can seek compensation in a wrongful death lawsuit. These cases demand compensation for the pain and suffering of the loved one before death, as well as the loss of companionship by the family members due to the loss of the loved one.
Wrongful death cases also demand compensation for lost income, financial support, parental support, and household support. Economic damages are also sought for medical bills and funeral and burial expenses.
In many jurisdictions, the jury awards can include punitive damages and exemplary damages to the plaintiff. These are meant to punish the defendant for the wrongful conduct.
Recent Court Ruling A Win in Johnson’s Baby Powder Lawsuits
The baby powder makers and sellers have argued for years that the medical evidence did not support a link between using talcum powder and ovarian cancer or mesothelioma.
They also argued that the product did not even contain asbestos particles, despite the fact the powder came from the same mines as other asbestos-containing products.
In every lawsuit alleging a defective product, there must be reliable scientific evidence that an injury was caused by the product. This requires testimony from doctors and scientists who rely on authoritative medical research and studies to support their opinions.
In many cases, this is a difficult obstacle to overcome.
Johnson & Johnson has vigorously defended the lawsuits on this issue. The company claimed that the supporting testimony was “junk science,” meaning that it was not based on reliable scientific principles or sound medical judgment.
Just recently, a court ruling was issued that strengthens the cases of more than 16,000 plaintiffs in talc related lawsuits. The majority of the cases are pending before U.S. District Judge Freda Wolfson in New Jersey.
In response to written briefs filed by Johnson & Johnson to dismiss the lawsuits based upon the “junk science” theory, Judge Wolfson held that the scientific opinions of a large number of expert witnesses met the legal requirements for admissible testimony. As such, they will be allowed to testify at trial.
Judge Wolfson’s ruling allows plaintiffs’ lawyers to present expert testimony that J&J’s talc products can cause cancer based on epidemiological studies. They will be allowed to testify that the link could be caused by contamination with asbestos and heavy metals.
How Much are Settlements for Talcum Powder Claims?
There have been no talcum powder settlements to the present date. However, based upon the recent Judge Wolfson court ruling it appears that settlements may be forthcoming for claimants.
The ruling paved the way for compensation payouts. However, there have been several large jury awards in recent years.
History of Talcum Powder Trials and Jury Verdicts
There have been a number of notable talcum powder lawsuits over the past several years. Most of them have resulting in plaintiff verdicts and large jury awards.
In February 2016, a jury found that Johnson & Johnson was responsible for the death of Jacqueline Fox in a wrongful death lawsuit. Ms. Fox had used talcum powder for more than 35 years. Her family was $10 million in compensatory damagers for her wrongful death and another $62 million in punitive damages.
In May 2016, a jury awarded $55 million in compensatory damages to Gloria Ristesund. She was diagnosed with ovarian cancer after testifying she used Johnson’s Baby Powder for decades. The jury found that baby powder placed her at an increased risk of ovarian cancer and failed to warn her of the potential harm.
In November 2016, a California jury returned a verdict of $70 million for Deborah Giannecchini. She had used talcum powder on a daily basis for more than four decades before being diagnosed with ovarian cancer. She was undergoing radiation and chemotherapy. The jury found that using talcum powder caused her cancer. The jury ordered Johnson to pay $65 million dollars of the verdict was for punitive damages.
In May 2017, a St. Louis jury awarded $110 million to Louis Slemp. She was being treated for aggressive ovarian cancer that had metastasized to her liver. She had used Johnson’s Baby Powder for more than 40 years. The jury found that using talcum was the cause of her cancer.
In August 2017, a jury awarded Eva Echeverria $417 million. She was suffering from stage 4 ovarian cancer after having used Johnson’s Baby Bowder routinely from the 1950s through 2016.The verdict included $68 million in compensatory damages and ordered Johnson to pay $340 million in punitive damages.
In 2018, there were two large jury verdicts against J&J in talcum powder lawsuits. A St. Louis jury awarded 22 women at total of $4.6 billion verdict. Another jury awarded a woman $25 million dollars. Both of these verdicts also included punitive damages for the women diagnosed with ovarian cancer after using Johnston’s Baby Powder.
In March 2019, a California jury awarded $30 million to Teresa Leavitt who was diagnosed with mesothelioma. After a lengthy trial, the jury found her cancer caused by the use of Johnson & Johnson talcum powder. Again, the award included punitive damages in large part because the company failed to warn her of the risk of ovarian cancer.
How Much Time Do I Have to File a Lawsuit?
The time limit to file a lawsuit is known as the statute of limitation.
Every state has its own unique deadlines for every specific type of case.
Generally, these statutes run from two to 10 years. The majority of states have two-year limitation statutes.
The question is when the “clock starts ticking” for the statute of limitations.
In some cases, it starts from the date of the cancer diagnosis. In others, it starts from the date you knew that talcum powder may have caused your cancer.
The period for filing a wrongful death lawsuit may be different number of years.
It is best to contact a talcum powder lawyer as soon as possible if you suspect you might have a case.
Any delay to file a lawsuit may forever destroy your right to compensation.
How Much Do Lawyers Charge for Talc Cases?
Our defective product lawyers will handle your talcum powder lawsuit under our No-Fee Promise.
This means it costs no money to get started and we only get paid a fee if you receive a settlement.
And, we do not get paid until your settlement check is received.
Why Choose our Talcum Powder Cancer Lawyers?
Buckfire Law specializes dangerous product cases. We have won the top awards in the legal profession, including:
- The Best Lawyers in America
- National Top 100 Trial Lawyers
- Best Law Firm by U.S. News & World Reports
- 10 Best Michigan Law Firms
- Super Lawyers
- National League of Renowned Attorneys
- Multi-Million Dollar Advocates Forum
We have earned these awards for our achievements on behalf of our clients since 1969.
We will put the same hard work into your case that we have done for injury victims for the past 50 years.
Get Started on Your Talcum Powder Lawsuit Now
Contact our talcum powder lawyers today to get started on your case. We will listen to your story and let you know if you qualify to file a lawsuit.
Don’t miss out on this opportunity to get a Johnson & Johnson settlement. Our attorneys are friendly and eager to help you.
If you have a powder product claim, we will get started immediately. Call now for a free consultation.
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