How to File a Talcum Powder Cancer Lawsuit

By - February 28, 2020
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In the last several years, more and more people have become aware that talcum powder may contain asbestos at some point and caused their mesothelioma or ovarian cancer. If you used Johnson & Johnson Baby Powder, Shower to Shower, or other talcum powder-based products and have the disease, you may be eligible to file a lawsuit.

Clinical research has linked talcum powder to ovarian cancer and mesothelioma since the 1970s, but many Americans only started to learn of the danger when the first lawsuits were filed since 2016. (NBCNews.com)

What Talcum Powder Cancer Attorneys Look For

Do you think you may be eligible to file a talcum powder lawsuit? Below are some of the qualifications that attorneys look for to determine whether a claim has legal merit:

Type of Cancer

There are many types of cancer, and talcum powder with asbestos traces in it is known to cause ovarian cancer and mesothelioma. There are several types of each disease, and it is important to know which one you have.

SEE ALSO: Stage 4 Ovarian Cancer Did You Use Talcum Powder?

Epithelial ovarian cancer is the most common form of ovarian cancer, and it has been linked to the use of talcum powder on the genitals. Talc particles contaminated with asbestos that enters the woman’s reproductive system may get to the ovaries where they can stay for years. An inflammatory reaction can occur due to the talcum powder and asbestos, followed by genetic mutations and cancer, in some women.

There are other types of ovarian cancer, but epithelial is the one that is most likely to be caused by talcum powder exposure.

The other type of cancer that is linked to talcum powder and asbestos exposure is pleural mesothelioma. This is an aggressive cancer of the lung lining that is caused by asbestos exposure. When the talc and asbestos particles are breathed into the lungs, the asbestos shards get stuck in the pleural tissue. This causes scarring and inflammation over the years, and mesothelioma can form in some patients.

Level of Talcum Powder Exposure

People who have epithelial ovarian cancer or mesothelioma may be able to file a talcum powder lawsuit if they can prove they have a history of talcum powder use. The most common exposure is believed to be from J&J Baby Powder and Shower to Shower. If a person used talcum powder for their hygiene needs for months or years, it is possible to get one of these cancers.

SEE ALSO: Talcum Powder and Ovarian Cancer Link

Generally, you will need to prove that talcum powder exposure occurred regularly over many years. Most of the people who have won significant awards in talcum powder cancer lawsuits proved that they used talcum powder regularly for years. In a 2020 verdict, J&J was ordered to pay $750 million for causing a woman’s cancer, although the award was later reduced to $186 million. (WSJ.com)

The odds of developing mesothelioma or ovarian cancer rises with greater exposure to talcum powder and asbestos. Your attorney will want to establish how many times a week you used talcum powder and for how long.

Cancer Diagnosis

When your cancer diagnosis occurred is another factor in whether your talcum powder cancer lawsuit has potential. The statute of limitations is different in every state and can run from one to four years from the date of diagnosis. But there are exceptions in some states based on whether the deceased person knew what caused their cancer.

SEE ALSO: What if a Person Already Died of Mesothelioma Cancer from Talcum Powder?

For people who meet the above qualifications, you may have a valid talcum powder lawsuit. It could be worth your while to file a lawsuit because you may be able to collect compensation for medical expenses, lost wages, pain and suffering, loss of consortium and other losses related to the disease.

While no amount of compensation can repay you for the wrong that has been done to you, it is important to obtain financial justice so you can deal with your disease more effectively. In addition, it gives you an opportunity to hold a major corporation accountable for needlessly exposing consumers to a dangerous product.

What To Do To File a Talcum Powder Cancer Lawsuit

If you have been diagnosed with mesothelioma or ovarian cancer after using talcum powder for years, here are some simple steps to follow:

  1. Find a talcum powder cancer attorney in your area with years of experience in these types of lawsuits. Not any regular personal injury attorney will do: An attorney experienced in this type of lawsuit will get you the best results.
  2. Your talcum powder attorney will research your case and look for evidence to show that talcum powder played a role in your cancer.
  3. The defendant will have the opportunity to answer the lawsuit. They may agree to settle or may decide to go to trial. If they agree to settle, your attorney will negotiate the best settlement possible.
  4. If the case goes to trial, it will eventually be decided by a jury. It is important to talk with your attorney about whether it is better to settle or go to trial. If you lose the trial, you get nothing.

There has been significant evidence coming to light in recent years that J&J knew about the hazards of talcum powder and that it sometimes contained asbestos traces. (Reuters.com). The company was aware of testing that was done in the 1970s that showed their talcum powder sometimes had small amounts of asbestos. Yet the company chose to not inform the public or FDA. It appears that profits were put ahead of safety, and now the bill is coming due.

SEE ALSO: Wife/Mom Died of Mesothelioma Cancer from Baby Talcum Powder

The company currently faces at least 12,000 talcum powder cancer lawsuits and could eventually have to pay billions in settlements and verdicts. If you used talcum powder for years and developed cancer, talking to an attorney is the next step.

Get Mesothelioma Legal Help Immediately

With over $30 billion available for victims through the Asbestos Trust Funds, you could be entitled to financial compensations without ever filing a lawsuit. Mesothelioma & Lung Cancer victims qualify immediately. Complete the form or call us toll-free (800) 352-0871.

Karst Von Oiste Mesothelioma Law Firm

Karst & von Oiste is a national law firm; we advocate for clients suffering from mesothelioma and lung cancer around the country. Having represented hundreds of mesothelioma and lung cancer victims across the country over the last 16 years, our firm has obtained many verdicts and settlements for their clients and families. Call us today (800) 352-0871.

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