Can I Sue for a Loved One Who Died of Cancer From Talcum Powder Use?
You can sue for a loved one who died of cancer from talcum powder use as long as you qualify under the law, and there is evidence to support your claim. If a member of your immediate family died a wrongful death from ovarian cancer, mesothelioma, or another talcum powder-related cancer, you could qualify to file a civil suit against the powder manufacturer and other liable parties. There is multidistrict litigation (MDL) underway in this case as of August 2020.
You likely qualify to take action if:
- You lost a member of your immediate family to ovarian cancer or mesothelioma
- They had a history of using talcum powder, often for feminine hygiene purposes
- They did not have a history of asbestos exposure but received a mesothelioma diagnosis
A talcum powder cancer lawyer will review your loved one’s medical records and work to build a case to link their cancer diagnosis with their talc powder use. Joining MDL-2738 allows you to pool resources with thousands of other families, so you are not facing the powder manufacturer on your own.
You do not have to accept your mother, wife, or daughter’s wrongful death. Filing a civil suit could allow you to hold the liable party responsible.
State Law Allows Certain Family Members To Take Legal Action
Certain family members can sue if a loved one died of cancer from talcum powder use. If you meet the qualifications that apply in the applicable jurisdiction, you will be able to to file a survival action, (that is, a claim for the damages your departed loved one could have claimed had he or she survived, discussed further below,) as well as pursue wrongful death damages.
State laws allow only specific family members or personal representatives to take legal action. However, there is likely at least one family member who will be able to join the mass tort to seek damages on behalf of all qualifying survivors of your loved one. Laws differ from state to state, but qualifying plaintiffs generally include either a personal representative for the estate or:
- The surviving spouse
- Children, either minor or adults, natural or adopted
- Surviving parent or parents
A defective products lawyer taking on talcum powder cancer cases will determine if you qualify. They will build a case and file the appropriate paperwork.
Recovering Damages on Your Loved One’s Behalf
The damages recoverable in a talcum powder cancer wrongful death case are generally pecuniary damages, which means all recoverable damages are economic in nature. They are tangible expenses or losses your family sustained because of your loved one’s illness and death, which includes the following types of damages:
- Loss of the income your loved one would have earned
- Loss of services, usually equal to the price you have to pay someone else to do these tasks
- Medical expenses paid for by the family
- Reasonable funeral and burial costs
In addition to these wrongful death losses, surviving family members also have the right to pursue compensation for the damages their loved one suffered before their death. As mentioned above, this is known as a survival action. Damages in a survival action are both economic and non-economic. They include the following types of damages:
- Medical care costs not paid in the wrongful death case
- Lost income and benefits not paid in the wrongful death case
- Other related expenses with receipts
- Pain and suffering the victim suffered before their death
- Other non-economic losses
All states have deadlines on filing lawsuits, but they differ widely. Some states even have different deadlines for wrongful death actions and survival actions. It is important to discuss your defective products case with an attorney to learn when these deadlines occur and how quickly you need to act.
Proving Your Wrongful Death Talcum Powder Cancer Suit
The ongoing multidistrict litigation, MDL-2738, is being heard in the U.S. District Court – District of New Jersey. Your attorney will prepare your case and help you join this mass tort if you qualify.
If you file a defective and dangerous products case against Johnson & Johnson or another talc powder manufacturer, your attorney will take steps to link your loved one’s cancer with their powder use and document the related damages. This includes the damages suffered by both your loved one and your surviving family members.
These cases require testimony from various expert witnesses, such as medical doctors, economists, vocational rehabilitation specialists, and lifecare planners. A thorough review of your loved one’s medical records and your testimony or other documentation of their feminine hygiene habits, including talcum powder usage, is also required to support a case.
Let a Member of Our Team Review Your Case Today
If you believe your family member passed away after a cancer diagnosis linked to their talc powder use, Friedman & Simon, L.L.P. wants to discuss your case with you today for free. We have a multilingual staff who will speak with you in English, Spanish, Greek, Bengali, Tamil, or Kannada.
Call (516) 932-0400 today for your free case review with a member of the Friedman & Simon, L.L.P. team.