Johnson & Johnson has a problem with its famous Baby Powder. There is mounting evidence that this popular product has contained asbestos, exposing millions of Americans to the toxic mineral. Some of them eventually developed mesothelioma and ovarian cancer, both of which are often fatal.
If your mother or another loved one died from cancer caused by asbestos in baby powder, you probably are wondering if you have legal options. Some families may be able to file a wrongful death lawsuit against Johnson & Johnson or other baby powder manufacturers. Below is essential information to know about asbestos in baby powder and legal steps to take to obtain mesothelioma compensation for your losses.
Investigations from the New York Times and Reuters in the past several years have alleged that Johnson & Johnson Baby Powder had traces of asbestos in it for decades. (Slate.com). The company also allegedly knew about it and failed to share the information with consumers. Millions of people used baby talcum powder in their hygiene routine, and some developed cancer and died from it.
As the healthcare products giant has been fighting thousands of lawsuits regarding asbestos in baby powder, more recent news has sent the company reeling,
SEE ALSO: Jury Orders J&J to Pay $750 Million in Talc Mesothelioma Case
In October 2019, Johnson & Johnson recalled one lot of baby powder ‘‘out of an abundance of caution,’ according to the company. The recall was enacted because FDA found ‘sub-trace’ amounts of chrysotile asbestos – 0.00002% in one bottle of baby powder bought from an online retailer. Although the level of asbestos found was tiny, many experts say that one fiber of asbestos is one too much. J&J recalled an entire lot of 33,000 bottles because of the asbestos test result.
As a consequence of this disturbing news, Walmart, CVS, and Rite Aid pulled all 22-ounce bottles of J&J Baby Powder from their shelves. (Fiercepharma.com).
This latest news is alarming because it is proof that traces of asbestos are being found in baby powder to this day.
Asbestos being found in baby powder so recently is a cause for concern: A recent case study of 33 patients published in the Journal of Occupational and Environmental Medicine suggests that exposure to talcum powder tainted with asbestos can cause mesothelioma. (Time.com).
This is a critical scientific discovery that might offer new ammunition to talcum powder plaintiffs who have brought lawsuits against Johnson & Johnson and other companies that sell talc-based products.
SEE ALSO: Mesothelioma Cancer Not Caused by Asbestos Exposure
Experts who have seen the study say that it is generally challenging to prove the specific cause of any disease. But if a doctor and researcher will testify that individual mesothelioma death cases were caused by asbestos exposure in baby powder, it is evidence that plaintiffs do not usually have.
The paper published in the above medical journal presents case studies of 33 people living with mesothelioma. It was confirmed that their only known exposure to asbestos was through using baby powder. This fact essentially rules out other causes of the disease because asbestos exposure is the major risk factor for mesothelioma.
SEE ALSO: Talcum Powder Mesothelioma Lawsuit Statute of Limitations
The study authors give great detail about the cases of six victims living with cancer. Each patient had tissue testing that showed fibers that are consistent with the asbestos type that is found in baby powder. Some of the patients said they used baby powder for decades. (USnews.com).
The evidence shows that baby powder has and still may contain traces of asbestos, which can cause mesothelioma, ovarian cancer, and other serious diseases.
Johnson & Johnson has been the subject of thousands of lawsuits, alleging that their talcum powder contains asbestos that leads to mesothelioma. While most cases are still pending, below are some of the recent verdicts:
Each asbestos baby powder case is different, but if your loved one died from mesothelioma and used baby powder, you could have possible wrongful death mesothelioma lawsuit.
If you think your mom died from asbestos exposure in baby powder, a wrongful death lawsuit can be filed, This can occur in a situation where the deceased would have filed a personal injury lawsuit if he had lived. This can occur in many situations, such as a car accident or when a product manufacturer produces a defective product that leads to death.
To hold Johnson & Johnson liable for the death of your mom, the plaintiff in the case, usually through the estate of the deceased, must meet the same burden of proof that the deceased needed to show if she had lived. With negligence as an example, this means proving:
In most states, a wrongful death lawsuit is filed by a representative of the deceased, such as a husband, wife, partner, or child.
There is significant evidence that Johnson & Johnson Baby Powder contained asbestos for years. The company knew about it, chose to do nothing, and failed to warn the US government or consumers about asbestos in their baby powder. These have and can be the basis of a successful wrongful death lawsuit against Johnson & Johnson. Previous juries have found Johnson & Johnson negligent in asbestos cancer cases, and have won millions of dollars in damages.
If you have lost your mother or another loved one to mesothelioma from asbestos in baby powder, contact us today. You may be entitled to compensation for your losses in a wrongful death lawsuit.
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