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You may buy talcum powder without a prescription at any drugstore or grocery store. When it comes to talcum powder, also called baby powder, Johnson & Johnson is by far the most popular and well-known brand. For decades, consumers believed this product was safe.
The use of talcum powder in the vaginal area as a personal hygiene product has been linked to an increased risk of ovarian cancer in women, and the evidence is mounting.
You may be eligible to pursue a talcum powder lawsuit if you have used Johnson & Johnson’s baby powder regularly over a period of years and have developed ovarian cancer.
Criteria For an Ovarian Cancer Talcum Powder Lawsuit
When it comes to filing a talcum powder lawsuit, there is more than meets the eye. It’s not just as simple as alleging that talcum powder was the cause of a medical condition and then bringing the case to court. To truly be successful in filing a talcum powder lawsuit, specific criteria must be met.
- The plaintiff must demonstrate that he or she used a product containing talcum powder on a regular basis for an extended period of time prior to receiving their diagnosis.
- The individual must also show that he or she has developed an illness resulting from long-term use of this product, such as mesothelioma, ovarian cancer or certain other forms of cancer.
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. Our legal team can determine if the details of your case meet certain established criteria.
Ovarian Cancer Linked to Talcum Powder Product Exposure
The use of talcum powder has been linked to the development of ovarian cancer for many years. While it has taken some time for public awareness on this issue to build, there have finally been a number of lawsuits filed as women discover their exposure to talc-based products may be linked to their ovarian cancer diagnoses.
Epithelial ovarian cancer is the form of the disease that has been consistently linked to exposure to talc-based baby powder products. Although there are other forms of ovarian cancer, it will be harder to prove the causal relationship between talc use and the development of cancer.
Legal action may be taken if you are diagnosed with epithelial ovarian cancer – a form caused by tissue in or near the ovary. Additionally, fallopian tube cancer, another form directly linked to generations of Johnson’s baby powder use, is also subject to legal redress.
The Time Frame for Filing Begins at Diagnosis
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 cancer 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 the mesothelioma or ovarian cancer 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.
Talc Exposure
The risk of talcum powder ovarian cancer increases with higher exposure to talcum powder. As such, the most viable 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 powder 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. As well as being a common feminine hygiene product, 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 Exposes to Talcum Powder
As with ovarian cancer, the span of time during which the plaintiff was exposed to talc-containing products, 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
Scientific studies long ago proved that exposure to asbestos is a major risk factor for mesothelioma. A product liability attorney for the plaintiff must prove that the talc product they used or were exposed to was contaminated by asbestos.
Mesothelioma Diagnosis
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 Lawsuite with No Upfront Costs
If you have been diagnosed with mesothelioma or ovarian cancer, and you have experienced regular exposure to Johnson & Johnson baby powder, you may qualify to file a lawsuit and recover damages.
The link between talcum powder and cancer has been known for years, and the manufacturer responsible for distributing this dangerous product should be held accountable. Billions of dollars are being set aside for settlements in talcum powder cancer lawsuits against Johnson & Johnson.
We may also be able to help you file a wrongful death lawsuit if your deceased loved one’s cancer diagnosis may have been linked to talcum powder use. The personal injury lawyers of Zanes Law can review your claim and help you learn more about your legal options.