The Talcum Powder Lawsuit
Talcum powder is the primary ingredient in baby powder, which is regularly used in American households. Despite decades of claims that it was safe and effective, studies show that talcum powder can put users at risk of serious illnesses, including mesothelioma and ovarian cancer. Talcum powder lawsuits are used to compensate those affected by the use of this product.
If you or someone that you know was diagnosed with ovarian cancer or even mesothelioma after using baby powder, you may be eligible for a settlement. Our experienced lawyers at Whitener Law Firm can help you file a talcum powder lawsuit today. Call us today at [phone] to schedule your free consultation and case evaluation.
What Is the Talcum Powder Lawsuit?
The talcum powder lawsuit is a legal claim filed by people that have been diagnosed with mesothelioma and ovarian cancer against companies that use talcum powder in their product. The lawsuit claims that there’s a link between talcum powder and these deadly types of cancer. Johnson & Johnson has been at the center of many talcum powder lawsuits.
The other key aspect of the lawsuits involves claims by victims that manufacturers such as Johnson & Johnson knew for over 4 decades that their products contained asbestos, but chose to hide this information from the public and declined to put safety warnings on its products or even recall them from store shelves.
Who Is Eligible to File a Talcum Powder Lawsuit?
People that have developed mesothelioma or ovarian cancer as a result of prolonged talcum powder use qualify to file a talcum powder lawsuit. Your lawyer will have to establish a connection between the cancer and regular talcum powder use.
The more frequently the talcum powder was used and the longer the duration, the more likely it is that the cancer could have been caused by talc. Since the statute of limitations for filing a lawsuit varies depending on your state, you should speak with a lawyer as soon as possible after diagnosis.
Not sure if you qualify? Whitener Law Firm can guide you every step of the way in your case. Contact us today by calling (505) 883-RUSS (7877). We will answer any questions you may have about the case as well as how long it could take to receive a verdict or settle out of court.
What Damages Can You Claim in a Talcum Powder Lawsuit?
The intent of filing a Talcum Powder lawsuit is to restore your life to the way it was before the talc-induced illness. While it’s understood that several aspects of your life may never return to “normal”, the compensation that you receive from the lawsuit is intended to equal your losses.
The losses resulting from your mesothelioma or ovarian cancer will translate into something referred to as “compensatory damages.” You’ll likely claim many types of such losses in your losses. The actual damages consist of both economic and non-economic losses.
Economic damages are also referred to as “special damages” and include all the money or property that you have lost due to the mesothelioma or ovarian cancer, along with any monetary sums you would have gained in the future were it not for your illness. Examples include:
- Medical Costs: Include money spent on medical treatment or care from surgeons and doctors, physical therapy, hospitalization costs, or rehabilitation. The damages include both medical bills already paid and those estimated to arise from future and ongoing care or treatment.
- Home Modifications: If you have to modify your home to accommodate different aspects of your condition, for instance, by making it wheelchair accessible, such costs will be compensated with these damages
- Lost Wages: If your illness either left you unable to work or caused you to miss time at work, you can seek to be compensated for current and/or future loss of income. You can even seek permanent disability payments.
- Assistive Mobility Devices: Account for the need to either rent or buy any devices that allows you to live with any physical impairments associated with your illness. Lift chairs, scooters, and wheelchairs are examples of such devices
Non-economic damages are also referred to as “general damages” and cover the losses that you experience, which are less quantifiable than economic damages. Examples of non-economic damages include but are not limited to:
- Pain and Suffering: The loss generally accounts for physical and emotional pain, diminished quality of life, and mental anguish. The damages vary widely from one case to the next. Our lawyers will use previous awards for guidance in assigning a dollar value to pain and suffering in your case.
- Loss of Consortium: A key acknowledgement of the negative impact that mesothelioma or ovarian cancer has had on your relationship with your spouse. Among the effects considered here are loss of companionship, emotional support, sexual relations, and affection.
- Wrongful Death: If you are filing the talcum powder lawsuit on behalf of a deceased loved one, you can seek compensation in their name, along with awards for any financial support lost upon their death.
What is the Average Payout for the Talcum Powder Lawsuit?
Settlements in talcum powder cases filed by those that have developed ovarian cancer or mesothelioma after using the products containing talcum powder usually vary widely. It’s virtually impossible to define an actual average settlement in such lawsuits.
Still, using the April 2023 settlement by Johnson & Johnson along with previous settlements, our lawyers estimate that a talcum powder lawsuit can settle for an amount ranging between $100,000 and $1 million.
The above estimates are by no means a guarantee of financial compensation in talcum powder lawsuits. They are simply estimates based on previous settlements. In 2020, Johnson & Johnson paid a settlement worth close to $100 million for 1,000 talcum powder lawsuits.
Are You Considering Filing a Talcum Powder Lawsuit?
If you have used a talcum powder-based product and have developed mesothelioma or ovarian cancer as a result, you should consider filing a talcum powder lawsuit. Discuss your cancer first with your doctor to ensure that there’s no other possible cause. Call Whitener Law Firm today at (505) 883-RUSS (7877) to schedule a free consultation to determine whether or not you have a case.