What Can I Expect to Recover in a Successful Talcum Powder Lawsuit?
What you can expect to recover in a successful talcum powder lawsuit depends on the damages you suffered and other facts of your individual case. Even if you participate in multidistrict litigation (MDL), your recoverable damages will hinge on the losses you experienced.
Your lawyer will gather documentation of your damages as a part of building a case to support your lawsuit. This documentation will include showing how the defendant’s defective and dangerous product caused you to experience illness, expenses, losses, and pain and suffering.
With a strong case linking your cancer diagnosis to talcum powder use, you could join MDL-2738, “Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation.” According to the United States Judicial Panel on Multidistrict Litigation, this mass tort included 18,283 active cases on July 16, 2020, and there is still time to join.
Proving Talcum Powder Cancer Damages
What you can expect to recover in a successful talcum powder lawsuit includes:
- Your damages suffered to date
- Your projected future damages
- Any damages directly related to your cancer diagnosis and treatment
- Both tangible and intangible damages
Your lawyer will gather evidence to prove your case. This will require gathering and analyzing medical records, documenting your history of talcum powder use, and proving your current and future losses. These cases often require a team of experts, such as ovarian cancer experts, economists, lifecare planners, and vocational rehabilitation specialists.
The compensation that are generally available in this type of defective product case include:
- Medical care and any related expenses related to your cancer treatment
- Ongoing care and support
- Lost income and reduced earning capacity
- Out-of-pocket expenses directly related to your diagnosis or treatment
- Pain and suffering
- Other intangible losses
Punitive Damages Are Possible
In many of the talc cancer cases that have already gone before a jury, punitive damages were awarded. While punitive damages are generally rare in lawsuits, there is reason to believe that the talcum powder manufacturers were aware of the dangers of their product but refused to accept responsibility and warn consumers. This information could support punitive damages for the cases in MDL-2738.
Punitive damages penalize the defendant for their actions related to the plaintiff’s injuries, unlike other types of damages. Beyond having a liable defendant pay for the harm they’ve caused, as damages awards seek to do generally, punitive damages seek to punish for bad conduct, to “teach a lesson,” and “send a message.”
There is no way to know with certainty if your case will qualify for these damages or how much the jury will award in punitive damages until your case reaches that point. Every case is different and will likely result in different recoverable damages. If the circumstances support such a demand, a dedicated lawyer fighting for you, will vigorously assert that claim on your behalf.
Wrongful Death Talcum Powder Cancer Lawsuits
If you lost a loved one to ovarian cancer or mesothelioma, and you are pursuing a wrongful death case against the talcum powder manufacturers and other liable parties, your recoverable damages will differ somewhat. You could recover the aforementioned losses through a survival action, but there are also recoverable damages available for surviving family members. These types of damages include:
- Medical care expenses paid by the family
- Funeral and burial expenses
- Loss of support
- Loss of services
- Loss of inheritance
- Other losses
Your attorney will work with you to prove and document the value of your recoverable damages and help you understand how this type of case will proceed through the MDL and in your local jurisdiction.
Pursuing Compensation in a Talcum Powder Cancer Case
You likely qualify to join MDL-2738 in U.S. District Court – District of New Jersey if:
- You are a survivor of ovarian cancer or mesothelioma and used talc products for feminine hygiene purposes
- You are currently facing ovarian cancer or mesothelioma linked to talc products
- You are a surviving family member of someone who lost their cancer battle, and they used talcum powder for feminine hygiene purposes
If you choose to work with Friedman & Simon, L.L.P., we will see to it that the following is done for you:
- You will be kept updated on your case
- Liable parties will be identified
- All parties will be communicated with on your behalf
- Relevant evidence will be gathered
- A value will be determined for your case and that value will be aggressively pursued
We have a limited time to file a talc cancer lawsuit and join the ongoing MDL (as of August 2020) on your behalf. Reach out to us as soon as possible before time runs out.
Speak to a Member of Our Talcum Powder Cancer Lawsuit Team
if the unique facts of your case allow us to do so, Friedman & Simon, L.L.P. will see to it that your case for compensation is built in a compelling manner. as we help you pursue damages from the talcum powder manufacturers. We advocate for those who suffered injuries because of the negligence and brazen disregard of human life allegedly demonstrated by these companies.
Get a complimentary case review with a member of the Friedman & Simon, L.L.P. talcum powder cancer lawsuit team today by calling (516) 932-0400.