New York Talcum Powder and Ovarian Cancer Lawyer
If you have been diagnosed with ovarian cancer after using talcum powder for feminine hygiene, you should know that hundreds of women in your situation are holding the talcum manufacturers legally and financially liable for all their damages. Their legal right to do so is based on the companies’ failure to warn consumers of the ovarian cancer risks associated with using the product.
You, too, are entitled to recover the damages you have suffered at the hands of negligent talcum powder manufacturers.
A talcum powder and ovarian cancer lawyer in New York from Friedman & Simon, L.L.P. can meet with you and explain your legal rights and options for receiving compensation that will cover your medical expenses, lost income, pain and suffering, and a host of other damages.
Call our office today at (516) 932-0400 for a free case review and consultation.
Talcum Powder’s Link to Ovarian Cancer
When the American Association for Cancer Research analyzed more than 8,500 ovarian cancer cases, it found that women who used talcum powder on a frequent basis suffered a heightened risk of developing ovarian cancer.
The problem begins when a dusting of the genital area with talcum powder causes some of the powder particles to enter the body and get trapped there. Gradually the particles cause inflammation, which promotes the growth of cancer cells. In the case of ovarian cancer, the talcum powder particles are moving through the vagina and into the ovaries where they become trapped and cause the inflammation that creates cancer cells.
How Talcum Powder Causes Cancer
In its natural form, talc, the main ingredient in talcum powder, contains asbestos—which was long ago established as causing lung cancer. When the Cosmetic, Toiletry, and Fragrances Association (CFTA) convened in 1976 to discuss the inherent cancer risks of talc-based products, it wrote guidelines for the industry. These guidelines specifically stated that any talc used for cosmetic products needed to be free of asbestos.
It would seem that the danger had been addressed and eliminated. Sadly, this was not the case. Repeated lab tests of a wide range of talc-based cosmetic and hygiene products have revealed varying levels of asbestos in these products. For example, Shower to Shower talc from the 1990s was found to contain asbestos. Johnson & Johnson’s Baby Powder from previous decades was also discovered to contain high concentrations of asbestos.
Failure to Warn
In December 2018, Reuters stunned the country with a report of its findings after investigating Johnson & Johnson. This investigation involved a deep dive into thousands of pages of internal documents, corporate memos, and reports that were involuntarily made available by Johnson & Johnson to 11,700 plaintiffs in talcum powder lawsuits.
Johnson & Johnson’s talcum powder products tested positive for asbestos as recently as the 2000s. This discovery created a flurry of panic at headquarters, but the company ultimately did nothing to share these findings with regulators or with the public, who would have benefitted from this knowledge—and who stood to suffer without it.
The Reuters investigation also uncovered calculated attempts by Johnson & Johnson to influence U.S. regulators whose attempts to limit asbestos in talc-based products might have interfered with profits.
Juries Are Sympathetic to Consumers
Juries are not looking favorably upon Johnson & Johnson for its gross negligence in using a carcinogenic ingredient in its products over the course of several decades. Johnson & Johnson’s consistent, cloak-and-dagger moves and manipulations of deceit further sour juries on any thoughts of leniency when it comes to making the mega-corporation pay for the damages resulting from their actions.
The legal team at Friedman & Simon, L.L.P. is determined to establish that you too have suffered at the hands of talcum manufacturers’ greed. It is our mission to get you the compensation you deserve. Call us at (516) 932-0400 for a free case review.
Establishing Negligence and Liability
To receive compensation in a case like this, your talcum powder and ovarian cancer lawyer in New York must be able to prove four elements of negligence:
- Duty of care
- Breach of duty
How These Elements Apply to a Talcum Powder Case
The cases that have been brought forth have been able to clearly establish that Johnson & Johnson owed a duty of care to consumers of its talcum powder products. They have further proved that the company breached this duty of care by using asbestos-contaminated talc in these products.
Scientific research has also established the link between asbestos and talc and cancer, so the issue of causation has been established. Furthermore, the corporation’s failure to warn consumers about the cancer risks of using talc-based powder stripped consumers of their rights to make an informed decision about whether or not to use the powder and assume the risk of developing cancer.
At this point, the most pressing challenge of these cases case is showing a jury the damages that the consumer has suffered as a result of their cancer diagnosis.
Recoverable Damages in a Talcum Powder Ovarian Cancer Lawsuit
Compensatory damages recovered in talcum powder lawsuits since 2016 have reached $5 million. Punitive damages awarded in the same time period have ranged between $50 million and $4.14 billion (the latter amount awarded to a group of 22 plaintiffs).
The amount you might recover in your talcum powder lawsuit will depend on the details of your case. However, some of the types of damages you might recover include:
- Medical expenses
- Lost income and wages
- Pain and suffering
- Mental anguish
- Diminished quality of life
- Loss of consortium
If you lost a loved one to talcum-powder-caused ovarian cancer, we are sorry for your loss, and we want you to know that you are entitled to pursue a wrongful death action against the talcum powder company. Our legal team will discuss your legal options in this regard during a free legal consultation.
Call Friedman & Simon, L.L.P. Today
When a company puts profits ahead of public health—the health of its customers, especially—it is violating a very basic and profound duty of care. You have suffered as a result of this violation, and you deserve to be compensated accordingly.
A talcum powder and ovarian cancer lawyer will fight to get you the compensation you need and deserve.
Call Friedman & Simon, L.L.P. today for a free case review at (516) 932-0400.