Talc Powder Lawsuits
If you or a loved one developed ovarian cancer or mesothelioma after using talcum-based products like baby powder, then you may be entitled to compensation.
Who Qualifies for Compensation?
Anyone who used a commercial or cosmetic talcum powder product and developed mesothelioma or ovarian cancer may be eligible to file a talc powder lawsuit and get compensation for their damages.
An individual may be able to recover compensation in an ovarian cancer lawsuit if they used products containing talc in the genital area on a frequent basis prior to being diagnosed with ovarian cancer. Baby powders made with cornstarch are not included in these lawsuits because cornstarch-based powders do not contain talc.
If you used any of the following talc products and developed ovarian cancer, you may be able to file a lawsuit:
- Johnson & Johnson’s Baby Powder
- Shower to Shower Powder
- Gold Bond Body Powder
- Gold Bond Extra Strength Body Powder
- Gold Bond No Mess Powder Spray
People who used talc products and developed mesothelioma are also eligible to file a lawsuit. Those products may be cosmetic or commercial and many were used in the workplace.
Talc-containing products that may have caused mesothelioma include:
- Baby Powder
- Body Powder
- Joint Compounds
If you were diagnosed with ovarian cancer or mesothelioma, you should contact a personal injury lawyer who can evaluate your claim and help you determine if you have a valid claim.
What Is the Basis for the Talc Powder Lawsuits?
Individual lawsuits as well as class action lawsuits have been filed against the manufacturers of baby powders and body powders that are made with talcum powder. Claims indicate that makers of these products knew that the talc they used was contaminated with asbestos which is known to cause mesothelioma and ovarian cancer. However, they did nothing to warn consumers about the risk.
In many of the ovarian cancer lawsuits, expert witnesses have testified that they found talc particles in the ovaries of women who have been diagnosed with cancer. This is often the result of using talc-based cosmetic powders frequently for long periods of time.
People who developed mesothelioma from talc products claim that the inhalation of the powders caused them to develop the disease. Asbestos is the main cause of mesothelioma; however, many of the lawsuits argue that with or without asbestos contamination, the talc can lead to mesothelioma.
Talcum powder ovarian cancer cases outnumber the mesothelioma claims in part because mesothelioma is rare. Approximately 3,000 per year are diagnosed with mesothelioma compared to more than 22,200 women who are diagnosed with ovarian cancer annually.
Who Is Liable for Talc Powder Diseases?
There is evidence that the manufacturers of talc based products knew of the potential hazards of the products they were selling. Their use of asbestos contaminated products and failure to warn consumers makes them liable for any injuries their products caused to victims.
In October 2020, Johnson & Johnson acknowledged its products may have issues with a recall of 33,000 bottles of baby powder. The Food and Drug Administration discovered evidence of asbestos in a bottle purchased from an online retailer.
Some of the top manufacturers, suppliers, and brands of talc products that have been named in lawsuits include:
- Johnson & Johnson
- Johnson’s Baby Powder
- Shower to Shower
- Imerys Talc North America
- Whittaker, Clark & Daniels
- Old Spice
- Vanderbilt Minerals
- Cashmere Bouquet
- Raw Industrial and Cosmetic Talc
- Raw Cosmetic Talc
- Raw Industrial Tac
Talc-containing products were sold at many retailers, including Walmart, Target, Walgreens, and CVS stores.
Talcum Powder Lawsuits
More than 35,000 lawsuits have been filed against Johnson & Johnson and other makers of talcum powder products that were contaminated with asbestos and caused users to develop diseases like ovarian cancer and mesothelioma. Many of those cases have been settled out of court. In fact, in January 2021, Johnson & Johnson stated in an SEC filing that it had set aside $3.9 billion for talcum powder related claims.
Recent jury verdicts against various manufacturers have awarded billions of dollars to injured plaintiffs.
- A jury in Missouri awarded 22 women with ovarian cancer a $2.1 billion judgment against Johnson & Johnson.
- A retired school bus driver and veteran who developed malignant pleural mesothelioma was awarded $4.8 million against Whittaker, Clark & Daniels, the maker of Old Spice Powder, by a California jury.
- A woman who had used Johnson’s Baby Powder her entire life and developed ovarian cancer was awarded a $417 million verdict by a California jury.
- The widow of a man who developed mesothelioma after working in a pottery studio that used talc-based products was awarded $3.35 million.
- A New Jersey jury awarded $117 million to a man who developed mesothelioma after using Johnson’s Baby Powder and Shower to Shower for decades.
- A New York woman settled with Johnson & Johnson for $1.5 million after being diagnosed with mesothelioma that was contributed to her frequent use of Johnson’s baby powder.
These are just some examples of the many lawsuits that have been initiated against the makers of body powder products that are made with asbestos contaminated talc.
Is There a Time Limitation on Filing a Talc Powder Lawsuit?
Yes. There is a time limitation, called a “statute of limitations,” on filing a talc powder lawsuit against the companies that are liable for your disease.
Talcum powder lawsuits fall under product liability law, a sub-category of personal injury statutes. Statutes of limitation range from two to 10 years. Most states have a two-year limitation. The clock generally starts ticking either when you were diagnosed with cancer or when you discovered that the talcum powder may have contributed to your disease.
In the case of wrongful death, the statute of limitations may be different; however, most states average a time limitation of two years.
How Long Does It Take to Settle a Talcum Powder Case?
The length of time it takes to receive a settlement from a talc powder claim depends on many factors. Talcum powder cases are complex because they require significant medical records, expert opinions, and evidence of product usage.
While the first talcum powder lawsuits are finally working their way through the system, companies have finally begun to set aside amounts for settlements. When you work with a talc powder lawyer who knows how to prove the company was responsible for your disease, a settlement will come faster.
Despite the evidence you may have, it can still take years to reach a settlement. In some cases, you may have to go to court.
Contact a Talc Powder Lawsuit Attorney to Help You Get Compensation
To find out how much your talc powder lawsuit is worth, you should contact a personal injury lawyer who can evaluate your case. Our compassionate attorneys are here to listen to your situation and help you move forward with a claim against the company who caused your injuries.
About the Firm
Headquartered in Washington, D.C., Young & Partners’ practice is national in scope, as we have trusted co-counsel relationships with leading law firms in all fifty states.
Founding Partner Tom Young has recovered hundreds of millions of dollars for victims of various major disasters over the past 20 years, including the 2010 BP Deepwater Horizon oil spill in the Gulf of Mexico, the 2015 Volkswagen “dieselgate” emissions scandal, recent devastating hurricanes along the East Coast, and the ongoing nationwide opioid epidemic. Young holds a Bachelor’s of Arts in Economics and a Juris Doctor, with Honors, from the University of Florida Levin College of Law. While there, Young was one of the first students awarded a Certificate in Environmental & Land Use Law. Young’s practice includes educating and assisting consumers, businesses, nonprofit organizations and government entities in understanding their rights as they pertain to losses due to negligence or disaster, in both state and federal court. Importantly, we only represent plaintiffs, not defendants, and never insurance companies.
Recently, Young turned his attention to providing legal services to individuals suffering from failed hernia mesh surgical procedures. Many such hernia mesh products on the market are subpar and fail at unacceptable rates. Young represents those who have required follow up revision surgery to remove or replace failing mesh.
He is a member of the Phi Eta Sigma National Honor Society, the Golden Key International Honor Society, the Florida Bar, the District of Columbia Bar, the Bar of the Supreme Court of the United States, the Trial Lawyers Association of Metropolitan Washington, D.C., the Florida Justice Association, and the American Association for Justice (formerly the Academy of Trial Lawyers of America). Young was the 2012-2018 President of the Civil Justice Foundation and a former AAJ state delegate.