Over the years, medical studies have considered a possible connection between using talcum powder and developing ovarian cancer (as well as other types of cancer, such as mesothelioma). Despite this, companies like Johnson & Johnson (J&J) have advertised some of its products containing the material as safe for female hygiene purposes.
If you or a loved one have developed ovarian cancer after using baby powder or another similar product, you might be able to file a claim against J&J and obtain compensation for your medical bills, pain and suffering, and much more. Bronstein, Gewirtz & Grossman, LLC is a mass torts law firm with the resources and expertise to help you file a lawsuit and pursue a monetary award. Our talcum powder lawsuit attorneys specialize in this area of the law.
Contact our law office today at 212-697-6484 or by sending us a message online to get started.
How Can Bronstein, Gewirtz & Grossman, LLC Help With a Talcum Powder Lawsuit?
Johnson & Johnson is a powerful corporation with an entire legal department dedicated to helping the company escape liability from any wrongdoing. It continues to fight against lawsuits alleging misconduct related to its talcum powder products. You’ll need strong legal representation if you intend to take action against the company and stand up for your rights.
That’s where BG&G can step in and help. We’ve helped our clients secure millions of dollars after suffering similar types of harm, and we’re confident that we can help you as well. Our lawyers have decades of combined experience, and our law firm focuses on class action and other similar types of litigation. When you hire us, we can help by:
- Thoroughly investigating the circumstances surrounding your case and evaluating the full extent of your damages
- Guiding you through the legal process and explaining your rights and options every step of the way
- Working with experts when needed to strengthen your claim and build the connection between your cancer and talcum-based products
- Comprehensively researching similar cases already in progress to arrive at your best legal course of action
Reach out to us today if you have any questions about what we can do to help with your case or if you’d like to start forming an attorney-client relationship.
What Is Talcum Powder?
Talcum powder is a material made from talc, which is a naturally occurring mineral from the Earth’s crust. Talc is crushed, dried, and milled during the manufacturing process into talcum powder. The result is a fine, white powder that is used in a variety of products – primarily those in the industrial and cosmetic areas.
The primary purpose of talcum powder is to serve as a lubricant and add softness and shine to its associated products. Historically, talcum powder has been a key ingredient in products such as baby powder, foundation, eye shadow, face powder, and industrial products like various types of paints.
The Background Behind Talcum Powder Lawsuits
Numerous studies have been conducted to investigate a possible link between talcum powder and cancer. Though some of these studies were inconclusive, others pointed to a potential link between using talc-based products and specific types of cancer – ovarian cancer, most notably.
Johnson & Johnson, a prominent pharmaceutical company, sells a few products that fall into this category, such as its Baby Powder and Shower-to-Shower. These products have been advertised as being safe for women to use for the purposes of maintaining hygiene. However, reports indicated that J&J’s talc-based products have tested positive for asbestos, a known human carcinogen.
In October 2019, Johnson & Johnson issued a voluntary recall of some of its Baby Powder based on findings by the United States Food and Drug Administration. These findings confirmed that some of the company’s Baby Powder contained asbestos.
As a result of these developments, people began to pursue litigation against Johnson & Johnson, alleging that the company knew of these risks yet failed to adequately warn consumers. Johnson & Johnson also stopped producing products with talcum powder as of 2020, switching to a formula that uses corn starch instead.
Some of these lawsuits have already reached a final outcome. A recent jury in Missouri awarded $4.69 billion in damages to 22 women who contracted Ovarian cancer after using J&J’s Baby Powder. Another trial in New Jersey resulted in a $787 million financial award to four women who became ill with mesothelioma after using Baby Powder.
Other lawsuits are still pending and are in the process of litigation. A recent development in February 2023 was in favor of the plaintiffs in that the court rejected Johnson & Johnson’s attempt to relegate the matter to bankruptcy court.
What Damages Can I Recover From a Talcum Powder Lawsuit?
You can recover economic damages as well as non-economic damages from a talcum powder lawsuit.
As the name indicates, economic damages represent your financial losses. These include things like:
- Lost wages
- Out-of-pocket expenses
- Decreased earning capacity
- Medical bills
Non-economic damages represent your other types of losses that aren’t so easily converted into a dollar value. Examples include:
- Emotional distress
- Scarring or disfigurement
- Pain and suffering
- Loss of consortium
Because the harm caused by these talcum powder-containing products is so significant, it can take time to fully evaluate the extent of your losses and how much your claim is worth. If you hire Bronstein, Gewirtz & Grossman, LLC, we will cut no corners to understand all the consequences you have experienced. Then, we’ll demand fair compensation on your behalf.
How Do I Prove Liability in a Talcum Powder Lawsuit?
Talcum powder lawsuits largely fall under the category of products liability. This area of the law holds manufacturers, distributors, and retailers of defective products strictly liable for causing harm to people using them.
There are three primary categories of product liability:
- Design defects, when a product is defective in its inherent design
- Manufacturing defects, when a specific instantiation of a product is manufactured improperly
- Failure to warn defects, when a product is not marketed properly insofar as consumers are not aware of the potential risks involved in its usage
Most talcum powder lawsuits against Johnson & Johnson allege a failure to warn defect. More specifically, they allege that J&J knew its products were potentially unsafe and could cause cancer yet did not warn consumers about that risk.
Because these lawsuits fall under the category of strict liability as opposed to negligence, it is not necessary to prove that J&J was careless in its marketing of these products. Instead, the plaintiff (injured party) must prove that the defendant (J&J, in this case) knew of the potential risks associated with the product yet did not adequately warn consumers. The plaintiff must also prove that they suffered damages as a result of this failure to warn.
The plaintiff in a product liability case has the burden of proof to assert their contentions, and the standard of proof is generally “by a preponderance of the evidence.” This is also known as the “more likely than not” standard. Types of evidence that can be used in furtherance of this type of claim include:
- Medical records
- Expert analysis and testimony
- Internal correspondence and documentation from Johnson & Johnson employees
- Invoices, bills, and other similar types of records
Hiring an experienced talcum powder lawsuit attorney may prove necessary for the success of your claim. Contact Bronstein, Gewirtz & Grossman, LLC, today to learn about your legal options and what we can do to help you along the way.
Schedule a Free Consultation With an Experienced Talcum Powder Lawsuit Attorney
If you’ve contracted ovarian cancer, mesothelioma, or another similar cancer after using a talc-based product, it’s important that you understand your legal rights. Lawsuits in this area have already been successfully litigated, and it’s possible that you have a valid claim to pursue as well.
If you choose BG&G to represent you, you’ll have the full force of an experienced legal team on your side. We have an extensive track record of success in this area of the law, and we know what it takes to stand up to powerful corporations attempting to limit their liability whenever possible.
You can get started today by giving us a quick call or reaching out online. Our trusted talcum powder lawsuit attorneys are here to help.