Talcum Powder Lawsuit Lawyer
A talcum powder lawsuit lawyer from Friedman & Simon, L.L.P. will help you get started on your talcum powder ovarian cancer case today if you qualify. If you or a loved one developed ovarian cancer after using talcum powder for feminine hygiene purposes, our team will file a lawsuit on your behalf if you are eligible to join the multidistrict litigation, MDL-2738, already underway.
- Can I Sue for a Loved One Who Died of Cancer From Talcum Powder Use?
- How Does Talcum Powder Cause Cancer?
- What Types of Cancer Are Caused by Talc?
- What Is the Harmful Ingredient in Talcum Powder?
- Is There a Statute of Limitations for Talcum Powder Lawsuits?
- How Can a Lawyer Prove That My Cancer Came From Talcum Powder?
- What Can I Expect To Recover in a Successful Talcum Powder Lawsuit?
- Have There Been Any Successful Talcum Powder Settlements or Verdicts?
- What Are the Criteria To File a Talcum Powder Lawsuit?
- What Is the Relationship Between Talcum Powder and Cancer?
- What Is the Talcum Powder Lawsuit About?
- Who Can File a Claim for the Talcum Powder Lawsuit?
- Who Is the Talcum Powder Lawsuit Against?
- What Products Have Harmful Talcum Powder?
- Speak With a Member of Our Defective and Dangerous Products Team Today for Free
There are already thousands of women and their families involved in MDL-2738. These women all received a cancer diagnosis, many several decades after they last used talc-based powder on their underwear, sanitary napkins, or otherwise applied these products to their genital area. You could qualify to join them if you used baby powder or other talcum powder products for feminine hygiene purposes any time in the past.
Call Friedman & Simon, L.L.P. today at (516) 932-0400. Our team members will review your case and determine the next steps you should take to seek compensation based on your cancer diagnosis and other types of damages you suffered. We are dedicated to recovering compensation for clients who suffered illness and financial losses as a result of these defective and dangerous talc products.
Can I Sue for a Loved One Who Died of Cancer From Talcum Powder Use?
Some of the plaintiffs participating in MDL-2738 are surviving family members of women who passed away from cancer that they believe is linked to talcum powder use. If you lost your mother, wife, grandmother, sister, or another beloved family member to cancer and you wonder if there is a link between their diagnosis and their use of talc-based powders, Friedman & Simon, L.L.P. will help. We will review your case at no cost to you.
We understand that your loved one’s cancer battle and your loss has been difficult. We believe no one should have to accept a wrongful death without holding the liable party responsible when possible. Our team will seek evidence and build a case to attempt to do just that if we believe you are eligible to join MDL-2738.
Some states limit which family members could bring legal action after a death, but generally, one family member or a personal representative for the deceased acts on behalf of all qualifying and surviving family members. Immediate family members are often allowed to pursue and recover several types of damages in a defective products case like this one. Qualifying family members could include:
- Surviving spouses
- Minor children
- Adult children
- Parents of the deceased
- Sibling or grandparents of the deceased, in limited cases
Our team can pursue compensation for both the damages you suffered because of the loss of your loved one, as well as the damages your loved one suffered before she passed away. When we review your case during your free initial consultation, we will help you understand the differences in these types of damages.
When we go to work building your case, we will document the damages, expenses, and losses experienced both by your loved one before they passed on and by your surviving family members.
A talcum powder lawsuit lawyer from the Friedman & Simon, L.L.P., legal team will file a claim and develop a strong argument on your behalf if we believe you qualify to recover a settlement or another type of payout. Call (516) 932-0400 to learn more about your case for free today.
How Does Talcum Powder Cause Cancer?
There was evidence to suggest that talcum powder could cause ovarian cancer in women who used it for hygiene reasons even before it was widely recognized why this might be happening. Talc has been present in tissue samples taken from cancerous tumors in women’s reproductive tracts, including cervical and ovarian cancer. Ovarian cancer seems to be the primary risk related to the long-term use of talc-based powders on the genitals, underwear, and sanitary pads, a common practice for some women in the 1960s, 1970s, 1980s, and beyond.
While talc embedded in tissue is bothersome to some degree on its own, how does it cause cancer? As it turns out, the mineral talc often occurs alongside the mineral asbestos. When talc is mined, the mineral often becomes contaminated with this deadly carcinogen. Asbestos is known to cause a specific type of cancer, mesothelioma, as well as significantly increase the risk of several other types of lung cancer. There is a wealth of research to support how asbestos causes cancer.
Knowing the difficulties involved with mining talc and avoiding asbestos, it comes as no surprise that those who used talcum powder for years also seem to have an increased risk of mesothelioma even if they had no other known asbestos exposure. Breathing asbestos into the lungs allows these fibers to embed in the lungs and remain there for decades, irritating the lung tissue and the pleura that lines the lungs.
Over time, asbestos might cause mesothelioma, which is a deadly and fast-spreading cancer of the pleura. Other types of lung cancer are also linked to asbestos exposure.
According to the lawsuits filed in MDL-2738, much the same thing is believed to be occurring inside the reproductive tracts of women who used talc-based powders. We know from tissue samples that talc is making its way to the cervix, ovaries, and other areas and embedded into the tissues. Over time, this might be irritating these tissues and leading to the development of cancer.
What Types of Cancer Are Caused by Talc?
Most of the talcum powder cancer cases currently underway as of July 2020 have centered on one of two types of cancer:
- Ovarian cancer in women who used talc-based powder for personal hygiene use
- Mesothelioma in people who breathed talc-based powder into their lungs during use
There are numerous types of ovarian cancer, with the great majority of them being linked most directly to genetic factors. Talcum powder use might also be linked to ovarian cancer, including the most common type of malignant tumor, epithelial ovarian tumors.
Mesothelioma occurs in many areas of the body, but it most commonly develops in the tissue that lines the outside of the lungs and the chest cavity, known as the pleura. It also occurs in the lining of the abdomen, the lining around the heart, or the lining of the testicles. This type of cancer affects mesothelial tissue, which only occurs in these areas. Almost all mesothelioma cases, especially pleural mesothelioma, are linked to exposure to asbestos.
In each case, long-term use of talc-based products seems to have caused particles to become embedded inside the body. Talc particles have been found in tissue samples from women with ovarian cancer, while cases of mesothelioma have been linked to talcum powder use or other talc exposure despite no other known method of asbestos exposure. This evidence seems to point to the plaintiff inhaling talcum powder that contains at least trace amounts of asbestos fibers.
Talc is used in many types of products, so exposure could also occur in other ways besides feminine hygiene use or inhalation of baby powder. This exposure includes products meant for cosmetic purposes, home use, or industrial uses. Some products that contain talc include:
- Joint compounds and other building materials
- Chalk, paper, clay, and other similar supplies
- Baby powder, Gold Bond powder, and other types of body powders
If you used a hygiene product or another applicable product containing talc for an extended period of time and later developed ovarian cancer, mesothelioma, or another type of asbestos-related cancer, you are likely eligible to file a lawsuit. You might be able to join MDL-2738 or take other action to hold the product manufacturer liable and recover compensation.
What Is the Harmful Ingredient in Talcum Powder?
When talcum powder lawsuits initially began, they all focused on the role of talc on its own. The first talc-based powder lawsuit to go before a jury in federal court, a 2013 case against Johnson & Johnson, relied on expert witness testimony to link talcum powder to ovarian cancer. It was not until more than five years later when the picture became clearer. It turns out that powder manufacturers were possibly aware that their talc contained asbestos for years before this suit was ever filed.
In 2018, news agency Reuters published an in-depth investigative report about the possibility that Johnson & Johnson and other manufacturers, mining companies, and suppliers knew that their talc was contaminated by asbestos as early as the 1970s. Asbestos is a known carcinogen and one that causes extensive damage to the body, including causing lung cancer, mesothelioma, and numerous other respiratory medical concerns.
Talc and asbestos are minerals that occur naturally close together in many cases. It has long been known that talc could be contaminated with asbestos, but manufacturers of personal care products tout their talc as being safe and asbestos-free.
Still, the plaintiffs in many talcum powder lawsuits allege there are several problematic contaminants in these products in addition to the talc itself. These suits identify possible carcinogens as:
- Asbestiform fibers
These suits differ somewhat from the early talcum powder ovarian cancer cases, which relied on proving the talc itself was the sole cancer-causing agent. They might be able to build a stronger case by saying that the talc was contaminated, and that this contamination involved known carcinogens.
In addition, the Reuters article revealed that there are allegedly internal documents to prove that these companies knew their products were possibly causing cancer but did not warn consumers who trusted that their products were safe. This investigative report claims that the defendants in the talcum powder lawsuits tested their products, as well as their ingredients such as raw talc, for asbestos, suggesting the defendants’ awareness of the presence of a carcinogenic substance
This testing allegedly occurred several times between when the link was first preliminarily established in the early 1970s and the time of the initial talcum powder lawsuits. The tests were positive for trace amounts of asbestos, according to Reuters.
It remains to be seen whether the documents Reuters relied on for this report will come to light as a result of the pending lawsuits or other actions. The news agency claims they had access to internal memos and internal reports on the purity and safety of their talc and talcum powder products.
These documents could serve as the smoking gun to prove Johnson & Johnson and others knew about the presence of asbestos in their products if they exist and become public.
Is There a Statute of Limitations for Talcum Powder Lawsuits?
Every case has a statute of limitations, but there are a number of factors that affect when this deadline on filing a lawsuit arrives. Each state has its own rules, including:
- Different laws for wrongful death and injury cases
- Different rules for when the clock began ticking
- Different rules for tolling (i.e., essentially extending,) the statute of limitations
- Different statutes of repose for the ultimate deadline for filing a case
While any or all of these could affect how long you have to take legal action against a talcum powder manufacturer or join MDL-2738, the bottom line is you have a limited amount of time to file a lawsuit based on your diagnosis.
It is vital that you meet the deadlines that apply in your case. Missing the cut-off date will possibly mean losing your right to file a lawsuit at all in this case. It will almost certainly prevent you from recovering the value of the damages you suffered. Statutes of limitations do not technically apply to claims settled out of court. That said, a demand for compensation without the ability to back it up with a trial is unlikely, to a near certainty, to result in a settlement. The defendant, knowing that if they refuse to settle, there is no longer any legal remedy available to the claimant will, again, to a near certainty, reject any demand and refuse to extend any offer.
We encourage you to contact us as soon as possible if you believe you may have a talcum powder case. We will answer your questions and determine if you qualify to take legal action against Johnson & Johnson. Our legal team will file the paperwork and help you join MDL-2738 if we believe you are eligible to do so.
To enlist the help of a talcum powder lawsuit lawyer from Friedman & Simon, L.L.P. today, call (516) 932-0400. A member of our mass tort team will review your case, discuss your options, and begin the process of building your case today.
How Can a Lawyer Prove That My Cancer Came From Talcum Powder?
While proving a talcum powder ovarian cancer case relies on many different items of evidence, there are several necessary components that we look for to demonstrate a link between ovarian cancer and talcum powder use. This evidence includes:
- Your history of talcum powder use for feminine hygiene purposes
- Your medical records, including pathology reports
- Tissue samples from your biopsy or surgery
- Testimony from an expert
Working with medical experts is an integral aspect of cases such as this. Our team will ask the expert to review your pathology reports, tissue, samples, and medical records. This person will likely be someone who is working on many of the other cases in MDL-2738, as well. They will know what to look for to confirm talc fibers in the tissue samples or in what pathology reports describe if the cancer likely occurred because of talc.
In addition to enlisting the help of a talcum powder ovarian cancer medical expert, our legal team will also take additional steps to prove your case, protect your rights, and seek compensation. These steps include:
- Keeping you updated on your case
- Identifying all liable parties
- Communicating with all parties for you and managing all aspects of your mass tort case
- Gathering evidence to prove your case and documenting your damages
- Determining a value for your case
With a strong case to link your ovarian cancer diagnosis or another cancer diagnosis to talcum powder use, there might be several ways you could reach a positive outcome in your legal case, which could include:
- Reaching an out-of-court settlement with the powder manufacturer
- Joining the MDL and being part of a settlement
- Proceeding through the MDL and taking your case back to its original jurisdiction for trial
Your attorney will be able to help you understand what to expect and the types of damages you will be able to recover. A talcum powder lawsuit lawyer from the Friedman & Simon, L.L.P. legal team will know how to build a defective product case to link your use of talc-based powders to your later cancer diagnosis.
Our team will represent you in your case, including offering advice, support, and regular case updates during the course of the multidistrict litigation. This process does not generally require you to actively participate or travel for court, but our team will be able to keep you up to date about what is happening and how it affects you.
What Can I Expect To Recover in a Successful Talcum Powder Lawsuit?
Your attorney will work to prove the value of your case based on the damages you suffered, such as your illness, pain and suffering, expenses, and losses. Documenting the value of your case is often one of the most difficult steps of pursuing a defective and dangerous product case. Your attorney will need to take steps to document a wide range of types of damages that you have experienced or that we can establish that you will experience, which includes:
- Current damages
- Projected future losses and expenses
- Damages related to your cancer, treatment, complications, and other impacts
- Tangible and intangible losses
In addition to items like medical bills and receipts, your attorney will likely work with a team of witnesses to prove your damages, especially your likely future expenses and intangible damages such as pain and suffering. These expert witnesses include:
- Ovarian cancer experts
- Vocational rehabilitation specialists, if applicable
- Lifecare planners
Some more specific types of damages you will be able to seek in this type of case include:
- Medical care and all related expenses for your cancer diagnosis and treatment
- Ongoing care and support, as needed
- Lost wages, lost benefits, and reduced earning capacity
- Any out-of-pocket costs related to your cancer or treatment, such as necessary modifications to your home if you require a wheelchair, expenses related to traveling to see your doctor, and more
- Pain and suffering for your physical pain and emotional suffering
- Other intangible losses
It is important to note that the values of ovarian cancer talcum powder cases vary widely. Even when two cases appear to be very similar, the losses and expenses are often very different. We will be in the best position to put a dollar value on your case once we have documented your damages.
Our legal team also handles wrongful death talcum powder cases. We are very sorry to learn that you lost your loved one as a result of ovarian cancer. We would love to speak with you about their illness and death, and possibly take action on behalf of your family to hold the talcum powder manufacturer responsible for this wrongful death and your loss.
A talcum powder lawsuit lawyer from Friedman & Simon, L.L.P. will prove your losses and determine a fair settlement value for your talcum powder case if we believe you qualify to take legal action.
Call (516) 932-0400 to get started today for free.
Have There Been Any Successful Talcum Powder Settlements or Verdicts?
While most talcum powder lawsuits are still pending, and as of July 2020, the value of the few settlements reached with plaintiffs have not been announced, several juries have awarded large payouts to women who brought suits against Johnson & Johnson. These plaintiffs have been awarded billions of dollars in judgments against the consumer products giant.
- In 2017, a California jury awarded more than $417 million for a woman’s ovarian cancer battle. This decision was later overturned on appeal, however.
- In 2018, a Missouri jury awarded a group of 22 women a total of $4.7 billion, including $550 million for their compensatory losses and $4.1 billion in punitive damages. In June 2020, their punitive damages were reduced to $2.12 billion on appeal.
- In January of 2020, the LA Times reported that a woman reached an out-of-court settlement with Johnson & Johnson in the middle of a jury trial alleging their powder caused her mesothelioma, an asbestos-linked cancer. We do not know the total value of this settlement.
While this represents only a small fraction of the 18,000+ cases filed, it is clear that jurors believe there is a link between talc-based products and cancer, both ovarian cancer and mesothelioma. Based on large punitive damages awards, (i.e., awards that seek not to compensate for damages, but to punish for bad conduct,) juries also seem to believe that Johnson & Johnson and other manufacturers were aware they were marketing a dangerous and defective product.
Thanks to the investigation published by Reuters that uncovered numerous internal documents, the plaintiffs in the talcum powder lawsuits have support for their allegation that the manufacturers of these products were aware of the cancer risks when used for feminine hygiene purposes.
According to these documents, Johnson & Johnson was aware of a possible link as early as 1971. This knowledge was decades before the public—and the women using their products—were aware of any potential danger, yet there was never a warning, recall, or other action to indicate the possibility of a danger or defect with talc-based powders.
What Are the Criteria To File a Talcum Powder Lawsuit?
In general, to file a talcum powder lawsuit, you will need:
- A medical diagnosis of cancer that has been potentially linked to talc exposure, including ovarian cancer, mesothelioma, or another asbestos-related lung cancer; and
- A history of using talc-based powder products, even if you have not used them in years
- A family member who passed away who meets both of these criteria
The best way to learn if you qualify to join an MDL or pursue your own case is to reach out to our team to learn more. We will review your case at no cost to you, helping you understand the strengths of your case and any potential concerns there are. We know what it takes to have a case that matches the current criteria for MDL-2738, and what you need to do to participate as a plaintiff in this type of mass tort.
Depending on the facts of your case, there are likely options for you to consider if your case has merit. These options include:
- Joining MDL-2738
- Joining another mass tort, if any exist
- Filing an individual lawsuit based on the facts of your case
- Pursuing an out-of-court settlement
While most of the lawsuits currently underway, including most of the suits in the MDL, involve ovarian cancer cases, there have been settlements made in talcum powder mesothelioma cases. Some plaintiffs have filed lawsuits alleging that using talc-based powders caused other types of cancer. If you believe your cancer could be related to your powder use, let us review your case for free. You have nothing to lose by calling for a free consultation with a member of our team.
If we believe your case has merit, the fee for legal representation will be based on a contingency fee. In other words, the legal fee will only be earned and payable if and when a settlement or payout is secured on your behalf based on the facts of your case. Attorney fees will be payable from this payout, never out of your pocket. Our team will work to document the link between talcum powder and your cancer and document your related expenses and other damages.
Evidence in this case will likely include:
- Your relevant medical records, tissue samples, and other medical evidence
- Medical expert witness testimony
- Documentation of your medical care, losses, and related expenses
A talcum powder lawsuit lawyer from the Friedman & Simon, L.L.P., legal team will go to work on your lawsuit right away if we believe you qualify: To join MDL-2738; For other legal action based on your history of talc-based powder use and your cancer diagnosis; r Or if you meet the criteria of having survived a loved one who passed away from a talc-linked cancer. Call (516) 932-0400 now to get started with your complimentary consultation.
What Is the Relationship Between Talcum Powder and Cancer?
As early as 1971, the BJOG published a study that claimed there was a link between talc-based powders and ovarian cancer. The study, as outlined in the international medical research journal, detailed the findings of research that looked at tumor tissues extracted from women who had cervical and ovarian cancer.
In both types of tumor, there was talc embedded within the extracted tissue. Talc is often closely associated with the known carcinogen asbestos, and mined talc often contains asbestos. However, the manufacturers of talc-based health and beauty products deny that their powders contain any trace of asbestos today.
Since 1976, the Cosmetic, Toiletry, and Fragrances Association (CTFA) has had guidelines in place that no personal care products sold in the United States should contain any detectable volume of asbestos. However, these guidelines are issued by a trade organization and are entirely voluntary.
It seems, despite approximately 50 years since the initial findings of a possible problem, that there are still concerns. Much more recent studies find that women who used talc-based powders are still at an increased risk of ovarian cancer. This stance includes two meta-analyses of data pulled from multiple sources:
- The European Journal of Cancer Prevention published a 2018 meta-analysis that found a “weak but statistically significant association” between ovarian cancer and using talcum powder for feminine hygiene uses.
- Epidemiology published a report in 2018 confirming the same thing: “a consistent association” between using talc-based powders and the development of ovarian cancer.
According to the American Cancer Society, it is very difficult to determine how big of a risk these powders pose. This difficulty is, at least in part, because it takes decades for cancer to develop and the woman to become ill. By this time, her hygiene habits and preferred products have likely changed, and any study will rely on her memory of which products she used, how, and when.
Still, it is not necessary to know how big the risk is of developing ovarian cancer or other cancers as a result of using talcum powders. The bottom line is that the companies knew there might be a concern about their products when used in a certain way. They knew their products might cause harm to consumers. Yet these companies issued no warning.
Plaintiffs in MDL-2738 are counting on these studies, internal documents, and expert testimony to be enough to prove the product lacked a vital warning that could have prevented cancer and saved lives and to show negligence on behalf of Johnson & Johnson and other talcum powder manufacturers.
What Is the Talcum Powder Lawsuit About?
According to the United States Judicial Panel on Multidistrict Litigation, there were 18,283 active cases in MDL-2738 as of July 16, 2020, which makes it one of the largest current MDLs in the nation. It is officially titled “Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation.” There are also cases pending against other manufacturers, companies that mined talc, and other potentially liable parties.
As you see from the title, the defective product claim—that Johnson & Johnson’s talcum powder products cause ovarian cancer and other types of cancers—is not the only issue at hand. While the lawsuits do allege that the company’s powder products are dangerous and defective because of the link to cancer, there is a greater question about their marketing and sales practices.
According to the lawsuits filed against Johnson & Johnson, and according to an investigative report by Reuters that published some of the company’s internal records dating back to the 1970s, the powder manufacturer was well aware of the connection following initial findings of a link in the scientific literature of 1971.
Manufacturers Refused To Take Appropriate Action To Protect Consumers
If powder manufacturers knew about the connection between a woman’s use on her genitals and an increased risk of ovarian cancer four to five decades ago, it was their responsibility to speak up, warn consumers not to use products this way, and put adequate warnings on their packaging.
Alternatively, they could have developed products that include safer formulas, such as those that rely on cornstarch instead of talc. The one thing that Johnson & Johnson should not have done was to deny there was anything wrong and let women continue to use their talc-based products on their underwear, sanitary napkins, and genitals. Yet this is exactly what happened.
Johnson & Johnson and other manufacturers still refuse to take responsibility for the possibility that their products might have caused serious illness, pain and suffering, and loss of life for many women. Even in court, they continue to deny liability and refuse to say their products have played a role. This denial is true even when they settle out of court with plaintiffs, such as in the December 2018 $1.5 million mesothelioma settlement. There is generally no admission of wrongdoing following a settlement.
In fact, Johnson & Johnson only began a phase-out of talc-based powder products in May of 2020, according to a report in Bloomberg. The report points out that the company plans to “continue to defend the product at future trials.” and says they are only taking it off the market in response to a change in consumer habits.
Who Can File a Claim for the Talcum Powder Lawsuit?
If you ever used a talc-based powder on your genitals for feminine hygiene purposes and have an ovarian cancer diagnosis, you will likely be able to file a claim and possibly join MDL-2738. Alternatively, there are three other groups that qualify to take legal action. They include:
- Those who used these powders for other purposes and received a mesothelioma diagnosis
- Those who used these powders and received another diagnosis of a potentially asbestos-related cancer
- Surviving family members of those who would have qualified but have since passed away
The great majority of the pending 18,000+ talcum powder cases against Johnson & Johnson and other parties involve women who frequently used Johnson’s Baby Powder, Shower to Shower, Gold Bond, or another talcum-based powder product for feminine hygiene. Some women used the products for decades and applied them freely to their genitals, panties, sanitary pads, or other nearby areas.
Still, this does not mean there were no other ways that the talc, and potentially the asbestos that contaminated it, harmed consumers. Johnson & Johnson already settled one mesothelioma case, and there are others currently pending. When you breathe in asbestos, it could get into your lungs and remain there for decades before causing cancer of the outside lining of the lungs, called the pleura. For this reason, this type of cancer is often known as pleural mesothelioma.
Mesothelioma is almost always deadly, and many people do not receive a diagnosis until they only have months left to live, even with aggressive treatment. Ovarian cancer could also be aggressive, and the American Cancer Society quotes a five-year survival rate of just under 50 percent for invasive forms of the disease.
The last group eligible to file a claim is so important. They are the surviving family members and loved ones of those who passed away as a result of their cancer battle. They are able to pursue damages and build a case to hold the talcum powder manufacturer liable for their loved one’s illness and death, when possible.
While there are rules about who will be able to take legal action and pursue a wrongful death case, it might be possible for you or a representative to stand up for your family and your loved one. Most states allow family members to seek damages if they are closely related. These family members could include:
- Adult children
- Guardians of minor children
If you or your spouse, mother, or daughter received a cancer diagnosis after long-term use of talcum powder products, you and your family might have a case against Johnson & Johnson, a talc supplier, or another company. A talcum powder lawsuit lawyer from Friedman & Simon, L.L.P. will help you pursue compensation for the damages you suffered if you qualify. Call (516) 932-0400 now to speak with a member of our team about your case.
Who Is the Talcum Powder Lawsuit Against?
The biggest name involved in the talcum powder lawsuits is Johnson & Johnson. According to a Securities and Exchange Commission (SEC) filing from Johnson & Johnson in 2018, there were 14,200 lawsuits pending against them in U.S. courts at that time. Since that time, this has ballooned to more than 18,000, which covers the great majority of the lawsuits previously filed and currently underway as of July 2020. Only a handful have gone to jury trials or reached a settlement.
While Johnson & Johnson faces the largest number of talcum powder claims, there are also other companies named in talc-based powder cancer lawsuits. Some are other companies that produced talc-based products. Others are the providers of the talc used in these products. Some of the other defendants named in these lawsuits include:
- Imerys Talc America
- Vanderbilt Minerals
Many of the pending cases accuse more than one company of manufacturing and marketing defective and dangerous products, which includes failing to warn consumers of the potential risk of cancer with some uses. The lawsuits often include two, three, or four of these corporations as defendants.
Colgate-Palmolive manufactured and marketed Cashmere Bouquet talcum powder for more than 100 years, as well as other talc-based products. Imerys Talc America remains the largest talc mining operation in the United States and the world. Vanderbilt Minerals, meanwhile, mined talc until 2008 and continues to sell a number of chemicals and additives to manufacturers who produce talc-based products.
Vanderbilt Minerals and Imerys Talc America have both previously faced legal action related to asbestos in their talc, including $22 million in damages awarded to a family in California by a jury in 2017. This ruling held both companies liable for the mesothelioma cancer death of a man who worked with their talc products, according to the News Times, a Connecticut newspaper serving the area where Vanderbilt Minerals is headquartered.
As for Johnson & Johnson, there is a good reason why they are the most talked-about name in talcum powder lawsuits. Their products dominated the market, especially since the mid-1990s. In addition to carrying a large part of the market share, they have stood by their products and argued that they are safe. This stance includes denying any wrongdoing at all.
Johnson & Johnson even continued to sell talc-based powders until they began to phase them out in May 2020, pointing to a decrease in demand for the change. Johnson & Johnson Johnson’s Baby Powder has been available in a corn starch formula since 1980 and will remain on the market in this formulation.
What Products Have Harmful Talcum Powder?
While manufacturers and others involved in the mining process continue to claim their products are absolutely safe and free from asbestos or other harmful ingredients or contaminants, the fact remains that many people either previously used these products or continue to use these products without knowing the risks they possibly face as a result.
In general, the demand for this type of product has decreased over the last 25 to 30 years, and there are far fewer on the market today than in the 1970s and 1980s. However, asbestos-related cancers take years to develop. Women who used these products decades ago are receiving ovarian cancer diagnoses now, and mesothelioma generally takes a minimum of 20 years to become symptomatic, as well.
Some of the most popular products that have been identified by plaintiffs in the talcum powder lawsuits include:
- Johnson’s Baby Powder
- Shower to Shower
- Gold Bond Body Powder
- Gold Bond Extra Strength Body Powder
- Gold Bond No Mess Powder Spray
- Cashmere Bouquet Talcum Powder
In addition, there are also many other cosmetic and personal use products that could contain talc or once contained talcum powder. This could include almost any type of baby powder, body powder, personal hygiene powder product, or cosmetic powder. If you identify the product you used, our team will likely be able to determine if it contained talc and if you qualify to pursue a case against the manufacturer, talc mining operation, supplier, or another liable party.
Most plaintiffs used one of the Johnson & Johnson products long-term, although the Cashmere Bouquet powder product was popular for decades, as well. Reach out to our team, and we will review your case for free, including discussing any product you used and whether it supports your talcum powder cancer case.
Speak With a Member of Our Defective and Dangerous Products Team Today for Free
A talcum powder lawsuit lawyer from the Friedman & Simon, L.L.P. legal team will represent you in your ovarian cancer or mesothelioma case against Johnson & Johnson or another liable party if we believe you qualify to take legal action based on the facts of your case. Mass tort and other defective product cases are handled based on contingency. You do not need to worry about paying us a legal unless and until we recover a settlement or court award in your case.
We offer free case consultations with a member of our team to determine if your case supports legal action and to learn more about you and your case. We will also answer questions you have about our services, the process, or other general information about this type of case.
We have multilingual staff members who will discuss your options with you in the language you are most comfortable with, including Spanish, Greek, Bengali, Tamil, and Kannada. Every member of our team is a passionate advocate for the injured, including those who suffered a cancer diagnosis and treatment or those who lost a loved one following their cancer battle.
Get started today by reaching out to Friedman & Simon, L.L.P. for your complimentary case evaluation and consultation. Call (516) 932-0400 now to speak to a member of our team about your case at no cost to you.