Who Can File a Talcum Powder Lawsuit?
- Zanes Law Web Team
- September 3, 2019
- Product Damage
If you suffer from ovarian cancer or mesothelioma, and you have been exposed to talcum powder, you may qualify to file a talcum powder lawsuit, especially if the details of your case meet certain, established criteria.
Some cases follow similar patterns and may qualify for a class-action lawsuit, while others are better suited for a personal lawsuit. Either way, certain components of each case determine its eligibility for recovery of damages.
Criteria for an Ovarian Cancer Talcum Powder Lawsuit
A lawsuit based on talcum powder-connected ovarian cancer exhibits the following characteristics:
A Related Form of Ovarian Cancer
The most common type of ovarian cancer, epithelial ovarian cancer, is also the form of the disease that has been consistently linked to exposure to talcum powder. Although there are other forms of ovarian cancer, it will be harder to prove the causal relationship between talc use and the development of the disease in an individual.
As with any product liability lawsuit, statutes of limitations constrain the amount of time a victim has to take legal action. Because of the latency period for the development of mesothelioma and the difficulty of pegging a single, critical event date that caused either illness, the start date for the statute of limitations in these cases begins with discovery or diagnosis.
From the date of diagnosis, each state sets its own time limit for filing a lawsuit to recover damages. The plaintiff’s lawyer may petition their court to waive the statute of limitations in cases where a person dies as a result of talc-caused ovarian cancer.
The risk of ovarian cancer increases with higher exposure to talc. As such, the most viable of talcum powder lawsuits related to ovarian cancer will exhibit a long duration of talcum powder use, from years to decades of use.
Frequency is the other important variable that affects a lawsuit’s viability. The greater the frequency of use, the greater the talc exposure, the greater the risk of developing ovarian cancer, and the stronger the case. Types of use that characterize exposure include dusting talcum powder on the genital area and/or using sanitary napkins, diaphragms, or condoms that contain talc. Talcum powder is also found in cosmetics, according to a study published in the US National Library of Medicine.
Criteria for a Mesothelioma Talcum Powder Lawsuit
The components of a mesothelioma case that make the patient a likely lawsuit plaintiff closely resemble the criteria of an ovarian cancer lawsuit, as described above. Essentially, the potential plaintiff will need to prove that their mesothelioma was caused by the talcum powder. Specifically, the plaintiff’s case must prove the following:
They Were Exposed to Talcum Powder
As with ovarian cancer, the span of time during which the plaintiff was exposed to talcum powder, as well as the frequency (daily, weekly, monthly, etc.), influence the risk of mesothelioma, and, therefore, the viability of the case.
Presence of Asbestos in the Talcum Powder
Because asbestos is the established connection with mesothelioma (as supported by many studies, including one published by Gynecologic Oncology Reports,) the plaintiff must prove that the talcum powder they used or were exposed to was contaminated by asbestos.
The plaintiff, of course, must provide proof of a mesothelioma diagnosis.
Date of Diagnosis
The amount of time that has transpired between the date of the mesothelioma diagnosis and the filing of the lawsuit must fall within the designated time constraints of the statute of limitations in the state where the plaintiff is taking legal action.
Zanes Law Will Construct Your Talcum Powder Case and File Your Lawsuit
If you have been diagnosed with mesothelioma or ovarian cancer, and you have experienced regular exposure to talcum powder, you may qualify to file a lawsuit and recover damages. Zanes Law will not just help you file a talcum powder lawsuit. We will do everything from A to Z to see that you receive the compensation you deserve. Call (866) 499-8989 for a free case review and consultation.
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