You may have used talcum powder for years to wick moisture and prevent rashes, leaving you feeling fresh after a shower. Many women have used it for personal hygiene. The substance is even used on babies to prevent diaper rash. Unfortunately, this everyday product has been linked to health issues, most commonly ovarian cancer.
Microscopic particles ground from the mineral talc make up the powder, but many instances of talcum powder include talc that was mixed with asbestos. As a known carcinogen, asbestos accumulates in the body and is incredibly dangerous. If you regularly use this common product and are a woman diagnosed with ovarian cancer, a Talcum powder lawyer may be able to get you compensation from the manufacturer. Our defective product attorneys are waiting for your call.
Who Is Responsible for Carcinogens in Talcum Powder?
Multiple lawsuits have been filed against one of the largest talcum powder manufacturers, Johnson & Johnson. Plaintiffs argued that the company knew or should have known their talcum products were harmful, especially to women who, after extended use for personal hygiene, found that talc or asbestos particles traveled inside the body and into the fallopian tubes, causing damage to the ovaries. Women diagnosed with ovarian cancer or other reproductive health issues after prolonged use of talcum powder should contact a dedicated attorney to discuss their experience.
Proving Talcum Powder is a Defective Product
When people are harmed after using a product as intended, the manufacturer and others in the supply chain might need to face legal and financial responsibility for any injuries. Defendants also have a duty to warn plaintiffs if they know a product can cause side effects or injury. Johnson & Johnson was accused of failing to warn of a danger it should have discovered.
After being injured by talcum powder, plaintiffs can usually file civil actions that claim manufacturer negligence, indicate a breach of warranty, and reference the legal theory of strict liability.
Manufacturers have a duty to act responsibly and release products that are safe for consumers. If they knew or should have known a product could cause harm, and it does, they may be found negligent.
Breach of Warranty
When a manufacturer releases a product and claims that it is safe to use as intended, this item features what is known as an implied warranty. Similarly, an expressed warranty refers to when a manufacturer makes a specific spoken or written claim about a product’s functionality.
If a company or manufacturer violates either an expressed or implied warranty, they could face liability for any resulting injuries or damages. A dedicated attorney could help prove that dangerous talcum powder violated its warranty and hurt innocent consumers.
In some cases, a plaintiff does not even need to prove that the manufacturer of talcum powder was negligent. According to the legal theory of strict liability, a corporation could be held liable for injuries to consumers, regardless of whether they knew about the danger or intended to withhold this information from the public.
What Compensation Is Associated with Talcum Powder Lawsuits?
Women diagnosed with ovarian cancer after using talcum powder as a feminine hygiene product face expensive medical treatment, may miss work, and will be affected by the trauma of a life-threatening disease. To rectify this, juries have awarded millions of dollars to plaintiffs in class actions and separate lawsuits filed against talcum powder manufacturing companies, including Johnson & Johnson.
Typical damages seen in talcum powder cases include:
- Payments for diagnostic tests, ongoing medical treatment, rehabilitative treatment, and prescription drugs
- Repayment for wages lost during treatment and recovery
- Compensation for emotional anguish, pain, or trauma
- Payment for temporary or permanent loss of a marital relationship or lost ability to conceive
- Compensation for a wrongful death
Our experienced attorneys know how to maximize this compensation and could fight to strengthen the impact of any talcum powder injury claim.
Take Your Case to a Talcum Powder Lawyer
If you bought talcum powder, you should be able to assume that it will work safely as intended. However, this does not always happen. Therefore, if you were recently diagnosed with ovarian cancer or another life-threatening disease and you are a longtime user of talcum powder for feminine hygiene, you may be entitled to compensation by the product’s manufacturer.
According to the state’s defective product laws, the manufacturer of the powder may be liable for your injuries and setbacks. A talcum powder lawyer can discuss your options during a consultation, so call today to schedule yours.