Johnson & Johnson made its way into the industry by selling surgical dressings nearly a century ago. But it became a household name only after it started marketing baby care products.
Since 1894, the baby powder of the brand has become a nursery staple. Besides children, its talc powder is used by tens of thousands of females as a part of their daily hygiene routine.
Offering an array of products from shampoos to band-aids, Johnson & Johnson made headlines in 2017 when a woman named Eva Echeverria sued the company for developing ovarian cancer. In the lawsuit, she alleged that she had used the baby powder from the brand since she was eight years old.
Echeverria was awarded a sum of $70 million and $347 million for compensatory and punitive damages, respectively. Jurors awarded her a huge sum because they found that her ovarian cancer was linked to the baby powder.
Several studies have found that women who use the baby powder of Johnson & Johnson around the genital area are at a greater risk of developing ovarian cancer than those who don’t. Fast forward to today, Johnson & Johnson has agreed to pay $8.9 billion as compensation to tens of thousands of people who are exposed to cancer because of its talcum powder.
Continue reading to learn more about the talcum powder lawsuit and whether you qualify for compensation.
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Talcum Powder Lawsuit: What Is It About?
Plaintiffs of baby powder lawsuits allege that manufacturers were aware that talcum powders contain asbestos, which perhaps could cause ovarian cancer and mesothelioma. Even then, they failed to warn the customers about the same.
Litigation also involves claims that talc causes peritoneal and fallopian tube cancer.
Ongoing baby powder litigation also alleges that cosmetic or industrial talc exposure contributes to the growth of mesothelioma, the primary culprit of which is asbestos. In the lawsuits, plaintiffs argue that they were diagnosed with lung disease and mesothelioma because they inhaled the talcum powder.
On the other hand, a handful of lawsuits contend that exposure to talc, with or without asbestos, can result in serious diseases.
Who Can Be Sued for Talcum Powder Complications?
Aside from manufacturers, sellers, distributors, and retailers are also sued in lawsuits. Several people have filed a lawsuit against the following companies:
- Johnson & Johnson
- Imerys Talc North America
- Colgate-Palmolive
- Vanderbilt Minerals
- Whittaker, Clark & Daniels
As far as products are concerned, the following are implicated in talcum powder lawsuits:
- Johnson’s Baby Powder
- Old Spice Powder
- Gold Bond Extra Strength Body Powder
- Shower to Shower
- Gold Bond Body Powder
- Gold Bond No Mess Powder Spray
Among retailers and suppliers, Walgreens, CVS, Walmart, and Target have been sued by plaintiffs.
Who is Eligible to File a Talcum Powder Lawsuit?
Individuals who developed mesothelioma or ovarian cancer after using products containing talc may qualify to file a lawsuit against the manufacturer.
In talcum powder litigation, women must have used products containing talc around the cancer area on the reg. Ideally, they should have developed ovarian cancer or mesothelioma after four years of using talc-containing products.
However, in order to qualify for a compensation claim, women should have been diagnosed with either of the two diseases between 22 and 65 years of age, and that too after 2000.
Those filing a talcum lawsuit for mesothelioma should have used talc-containing products such as baby powder. Or they must have been exposed to industrial-grade talc like crayons, ceramics, paint, paper, clay, supplements, and others.
Note that those who have used cornstarch baby products won’t be eligible to file compensation claims because they don’t contain talc.
In regards to the talcum powder lawsuit update, attorneys like those at TorHoerman Law provide victims with the recent developments in the litigation. Its team of lawyers serves in all 50 states and has fought more than 10,000 cases since 2009.
Going by their estimates, individuals can secure anywhere between $100,000 and $1 million in talcum powder lawsuits. However, this is based on the previous talcum powder settlement claims. Compensation claims vary from case to case, which is why consulting a lawyer will be the best bet.
What is the Statute of Limitations for Talcum Powder Lawsuit?
The statute of limitations determines the time you have to file a lawsuit against the at-fault party from the date the incident occurred. Talc-cancer and baby powder lawsuits are product liability claims. Therefore, the statute of limitations for product liability cases ranges from two years to ten years, with most states allowing a two-year window.
Key Takeaways
You’re more likely to develop ovarian cancer or mesothelioma if you use or are exposed to asbestos, usually found in talc-containing products. Even though treatments are available, the chances of survival are less.
In such situations, you qualify to file a talcum powder lawsuit against the manufacturer and recover damages. Prior to that, consulting an experienced and highly qualified lawyer will be a wise thing to do.