How Can a Lawyer Prove That My Cancer Came From Talcum Powder?
A lawyer can prove that your cancer came from talcum powder by working closely with doctors, researchers, and other medical experts who have knowledge of the link between talcum powder and cancer. The evidence in a talcum powder cancer case may include:
- Your medical records, including information about your diagnosis
- Pathology reports from your biopsy, surgery, or other tissue samples
- Medical expert analysis and testimony
- Documentation of your history of talcum powder use, possibly including your own deposition or testimony
As of August 2020, there is ongoing multidistrict litigation (MDL) related to talcum powder cancer cases. One or more of the medical experts who are supporting plaintiffs in this MDL can review your records as well. Your lawyer can also enlist the help of another medical expert to do so.
The MDL, officially known as Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation or MDL-2738, is one of the largest MDLs currently underway in the United States. According to the United States Judicial Panel on Multidistrict Litigation, there were almost 18,300 active cases on July 16, 2020.
The experts participating in this case know how to identify asbestos or talc in tissue samples or use information from your pathology reports to link your cancer and your talcum powder use.
Building a Talcum Powder Cancer Case and Pursuing Damages
In addition to your lawyer proving that your cancer came from talcum powder, they will also take additional steps to build a strong case, protect your right to pursue compensation, and prove the value of your losses. When you partner with our team, you can count on us to:
- Keep you updated on your case
- Identify liable parties
- Communicate with all parties for you
- Gather evidence
We will also determine a fair value for your case by gathering proof of your expenses and losses. Then, we will take action to pursue compensation on your behalf. This could include:
- Pursuing a settlement out of court when possible
- Filing a lawsuit and joining MDL-2738 in U.S. District Court – District of New Jersey
- Reaching a settlement as a part of MDL-2738
- Taking your case to trial in its original jurisdiction and reaching a settlement or receiving an award
Understanding Multidistrict Litigation
An attorney from Friedman & Simon, L.L.P. will ensure you understand what to expect in your talcum powder claim or lawsuit and keep you up to date about your case. If you participate in the MDL, you may not have much to do until the mass tort concludes. You likely will not need to travel to New Jersey to go to court unless you want to do so.
Multidistrict litigation helps plaintiffs in a case like this because it allows them to pool resources. While an individual may not be able to take on a company as large as Johnson & Johnson, 18,000 plaintiffs have the resources to enlist experts and build a strong case.
The courts consolidate these cases for pretrial motions and discovery. Then, there will be several bellwether cases that provide a better sense of how a jury will view the evidence. If there is no settlement offer during this process, the individual cases will return to their initial jurisdictions for trial.
Proving Your Cancer Came From Talcum Powder Could Allow You to Recover Compensation
If our team is able to secure compensation through a settlement or court award, you will likely receive damages that include:
- Medical care costs and related expenses
- Lost income and benefits, and lost ability to work
- Other out-of-pocket expenses
- Pain and suffering and additional non-economic damages
There are statutes of limitations that apply in talcum powder cancer cases, but there are many factors that can affect how long you have to file a lawsuit. We encourage you to speak with us about your case as soon as possible to ensure you do not miss the deadline to pursue compensation.
Speak With a Member of the Friedman & Simon, L.L.P. Team
At Friedman & Simon, L.L.P., we offer free reviews of cases for those who received a cancer diagnosis after using talcum powder for feminine or cosmetic uses. If we believe you qualify to take action, your case will be accepted and handled on a contingency fee. You will pay nothing upfront, and we will begin building a case to link your cancer with your talcum powder use.
Our passionate advocates for the injured are here to help you hold those who could have prevented your cancer responsible. If necessary, we have a multilingual staff who can discuss your case in English, Spanish, Greek, Bengali, Tamil, and Kannada.
Call (516) 932-0400 today to speak with a member of the Friedman & Simon, L.L.P. team at no cost to you.