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You can sue talcum powder companies to receive compensation for any and all losses you have suffered or will experience in the future due to your talc-caused ovarian cancer or mesothelioma. The compensation you can recover in a talcum powder lawsuit depends on your specific circumstances.
For instance, in 2019, the Guardian reported that a California jury verdict resulted in an award of $29 million dollars to one woman for her Johnson & Johnson’s baby powder-related cancer.
Currently, there are tens of thousands of lawsuits filed by women with cancer who claim that the talc-based baby powder causes a variety of reproductive cancers, including ovarian cancer. This barrage of talcum-powder cancer lawsuits has resulted in Multidistrict litigation.
If you were a frequent user of talc products and have been diagnosed with certain forms of cancer, you can seek compensation for talcum -powder caused illnesses.
Types of Damages You Can Recover in Your Lawsuit
The intent of a product liability lawsuit (which is what you would file against a manufacturer for the damages related to your ovarian cancer or mesothelioma) is to restore your life to how it was prior to your talc-induced illness. Although it is understood that several aspects of your life might never return to “normal,” the compensation you receive from your lawsuit is meant to equal what you have lost.
The losses that result from your ovarian cancer or mesothelioma will translate to something called “compensatory damages.” You will likely claim many types of these losses in your lawsuit.
These actual damages consist of both economic losses and noneconomic losses.
Economic Losses
Also known as “special damages,” economic damages incorporate all the money or property you lost due to your ovarian cancer or mesothelioma, as well as any monetary sums you would have gained in the future but for your illness. Examples of special damages your personal injury lawyer can help you pursue include the following:
- Lost income: This accounts for your illness, causing you to miss work and corresponding wages from your job. Business owners could receive compensation for the income they lost from running their business. Furthermore, if your ovarian cancer or mesothelioma prevents you from potential income opportunities in the future, you are entitled to receive those damages, which are typically estimated by an expert economist.
- Medical expenses: These damages include money you spent on medical care or treatment from doctors and surgeons, hospitalization costs, physical therapy, or rehabilitation. The damages will encompass both medical bills you have already paid as well as those that are estimated to arise from ongoing and future treatment or care.
- Replacement costs: Your ovarian cancer or mesothelioma might leave you unable to carry out your former lifestyle. These damages will compensate you for having to replace your role in these areas (e.g., hiring a housekeeper, lawn maintenance professional, or cook, paying for childcare or home repairs).
- Home modifications: If you need to modify your home to accommodate various aspects of your condition, for example, by making it wheelchair accessible, the associated costs will be compensated with these damages.
- Assistive mobility devices: These damages account for your need to buy or rent any technology that helps you live with any physical impairments that correspond with your illness. Such devices might include wheelchairs, scooters, and lift chairs.
Non-Economic Losses
Also called “general damages,” this compensation covers the losses you experience that are less quantifiable than your economic damages.
- Pain and suffering: damages are known to vary broadly from one case to the next. Your lawyer will use previous amounts awarded for guidance in assigning a dollar value to pain and suffering in your case. Generally, this loss accounts for physical and emotional pain, mental anguish, and diminished quality of life.
- Loss of consortium: an important acknowledgment of the negative impact your ovarian cancer or mesothelioma has had on your relationship with your spouse. Among the effects considered here are loss of emotional support, companionship, affection, and sexual relations.
Calculating Your Recoverable Damages
After your talcum powder lawyer has documented all your economic and noneconomic losses, they will assign dollar values to each loss, then add them to arrive at the total amount of actual damages you will seek in your lawsuit.
No two product liability cases are exactly alike. The compensatory damages you are eligible to receive will be determined by your specific set of circumstances. Furthermore, as each state sets its own product liability laws, your damages will also depend upon the forum you select for your legal action.
How Long do I have to File a Claim For Compensation if I Get an Illness Caused by Talcum Powder?
In cases of talcum powder -cancer lawsuits, the statutes of limitations will determine whether or not legal action can be taken. Each state sets its own restrictions on the time limit a person has to file a lawsuit, but it is usually between two and three years.
It can be difficult to determine when your clock starts ticking since talcum powder products may have been used many years prior to any symptoms or diagnosis being made. Additionally, talcum powder lawsuits are different than other personal injury cases due to the fact that it is harder to pinpoint exactly what caused an illness from something that was used so long ago.
It is important for those who suspect their cancer diagnosis may have been caused by prolonged or regular use of Johnson & Johnson baby powder or other talc-based products to take action as soon as possible before their ability to receive compensation and closure has expired.
Call Zanes Law Today For A Free Case Review
Health risks associated with talc-based powders like feminine hygiene products, body powders, cosmetic products, and talc-based baby powder have resulted in numerous lawsuits. The lawsuits allege that the presence of asbestos in talcum products or a lack of warning labels on the products have caused certain types of cancer.
The personal injury attorneys of Zanes Law may be able to help you pursue compensation for your talcum powder-caused ovarian cancer or mesothelioma.
You may be able to file a talcum powder lawsuit against Johnson & Johnson by joining the multidistrict litigation (MDL) that is already underway if your doctor has diagnosed you with mesothelioma or ovarian cancer and you are a current or previous user of a talcum powder product.
Litigation involving Johnson & Johnson’s baby powder products is referred to as Multidistrict Litigation (MDL) No. 2738, “Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation.” Contact us today for a free case review.