What's At Issue in the
Talcum Powder Lawsuit?

Talcum powder (also known as baby powder) has been widely used for over a hundred years. According to one study , nearly 70% of parents regularly used baby powder on their children. The general assumption has been that talcum powder is harmless and even beneficial — after all, it is advertised to be used on the most vulnerable members of society and is sometimes even provided by the hospital to new parents.

But this perception may be deadly wrong. Talcum powder, made from mined talc, is often found in close proximity to asbestos, which is a known carcinogen. The talc is sometimes tainted with asbestos, making it, in turn, a cancer-causing agent. The U.S. government required that talcum powder products be asbestos-free starting in the 1970s. However, separating the talc from the asbestos is no easy task, and there's strong evidence that companies like Johnson & Johnson continued to sell talcum powder even if it tested positive for asbestos.

Who May Be Affected By Talcum Powder Exposure?

Asbestos can cause a range of problems, and there is no known safe level of it. Anyone who has used talcum powder on themselves or others could potentially be affected.

However, the current multi-district litigation lawsuit is constrained by the statute of limitations. In order to be eligible for this lawsuit.

You should meet the following criteria:

  • You have developed ovarian cancer in the past three years.
  • You regularly used a talcum powder product for more than a year. These include baby powder, talc powder, and body powders like Shower To Shower, Gold Bond Body Powder, and Old Spice Body Powder.

What Are Some of the Medical Issues That Have Been Claimed?

There are two groups of people who are represented in the court cases in the baby powder lawsuits. They include:

  • Those with ovarian cancer. Scientific studies have shown that even small amounts of asbestos can cause reproductive cancer, particularly ovarian cancer. Baby powder was sold as a cosmetic that was safe for use on any part of the body, including near the reproductive organs. This may have caused some people to develop cancer.
  • Those with mesothelioma. Mesothelioma is an often deadly cancer that affects the tissue around organs. It can be caused by inhalation of asbestos.

What To Do If You Think You Have a Claim

If you believe that you or a family member has been affected by exposure to baby powder, it's important to act quickly to have the best chance of a fair settlement. Take the following steps as soon as possible:

  • Collect any evidence of both your medical condition and your use of talcum powder. Medical records and doctors' notes can indicate your condition. Any store receipts you may have, or even an old picture showing a can of baby powder in your house, could be helpful in proving your case.
  • Contact a lawyer who has experience with this sort of lawsuit, such as a personal injury lawyer who focuses on class action or multi-district litigation suits. Many lawyers offer a free initial consultation for cases like this, and many work on a contingency basis, meaning that you don't pay unless you win your case.

What's the Current Status of the Lawsuit?

There have been several class action and multi-district litigation (MDL) suits brought against Johnson & Johnson, Colgate-Palmolive, and other talc manufacturers. In these sorts of lawsuits, people who have been similarly harmed by a product have their cases tried together. The first verdict in a case involving talcum powder and ovarian cancer was handed down in 2013, and lawsuits are still ongoing.

The evidence that Johnson & Johnson knew the risk their product posed but ignored it is strong, so many of these lawsuits have been successful. However, Johnson & Johnson has pushed back and has sometimes been successful in having verdicts overturned. Very few companies will admit their guilt outright when they've done something wrong, but even by these standards, Johnson & Johnson is aggressive in their response. It's vital to make sure that you have an attorney that's experienced in these matters to give you the best chance at justice.

Currently, over 37,000 individual lawsuits have been consolidated into a single MDL. Since the litigation is still ongoing, new members can join. Your attorney can advise you on the best path for you to take.

How Much Compensation is Available?

In 2021, Johnson & Johnson set aside nearly $4 billion for settlements in baby powder cases. Up to this point, successful plaintiffs have received an average of $100,000 each. However, this number is deceptive. Some people have received much more (into the millions, in some cases) while others have received substantially less.

Johnson & Johnson isn't going to pay out a penny of that $4 billion without a fight. A qualified attorney is your best chance at ensuring you get what you deserve.

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