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Talcum powder is a soft, naturally-occurring mineral used in personal hygiene products to absorb moisture, dry the skin, reduce friction, combat odor, and prevent rashes. Manufacturer Johnson & Johnson began selling baby powder as one of its first products in 1886, pitching talc as a way to combat diaper rashes in 1894. By 1913, they were marketing their product to mothers interested in hygiene with the slogan: “Best for baby, best for you.”
While natural talc contains asbestos, manufacturing processes dating back to 1970 claimed to remove all traces of the carcinogen. According to Reuters, “J&J didn’t tell the FDA that at least three tests by three different labs from 1972 to 1975 had found asbestos in its talc – in one case at levels reported as ‘rather high.’”
For decades, internal test results were hidden from the public. The first talcum powder lawsuit was filed by a spa worker in Jefferson County, Texas in 1997. The plaintiff ultimately dropped the claim when she was unable to get J&J to release the documents she requested. “When you are the plaintiff, you have the burden of proof. We didn’t have it,” said Darlene Coker’s attorney, Herschel Hobson.
Fast-forward to present time. There are over 10,000 talcum powder lawsuits pending in court. A number of talcum powder lawsuits have succeeded in court so far. Schuerger Shunnarah attorneys are accepting claims nationwide from women who believe their regular use of talcum powder caused (or contributed to) their ovarian cancer diagnoses.
Simply using talcum powder over a period of years is not enough to warrant the pursuit of damages through civil courts. However, if you or a loved one used talcum powder frequently and have recently been diagnosed with ovarian cancer, there may be a link.
In 1971, researchers discovered that 75 percent of the ovarian cancer tumors they examined contained talc particles. A decade later, a Harvard study identified a 30 percent increased risk of ovarian cancer in women who routinely used talcum powder for feminine hygiene. Internal memos show Johnson & Johnson executives knew of the potential risk associated with their product as early as 1997, but felt the risk was too low to justify warnings or product discontinuation.
One theory is that the talc powders enter the female reproductive tract, where they cause an inflammatory response, thus making the growth of cancer cells more likely.
The statute of limitations for filing a personal injury or product liability lawsuit differs from state to state. In many states, the statute of limitations is two years from the time of injury (your cancer diagnosis). However, all the facts in this case are just now coming to light, so you may not have made the connection between your talc use and your cancer diagnosis. Fortunately, many states allow for “delayed discovery,” meaning that the clock starts ticking once you know or should have known about the link between talcum powder and ovarian cancer. Please call Schuerger Shunnarah as soon as possible to discuss how the statute of limitations pertains to your case.
Over $5 billion has been awarded to talcum powder cancer lawsuit plaintiffs, including:
This is not to say these lawsuits are a slam-dunk. Many cases have been thrown out of court for “insufficient evidence” and rulings overturned if the proper protocols were not followed. For this reason, it is important to work with a legal team that is familiar with talcum powder lawsuits specifically.
A class action lawsuit lumps similar claims together. If a judge agrees the central claim is valid, the dangerous product manufacturer could be ordered to pay a large sum of money, which is then divvied up amongst the claimants. Each plaintiff receives the same amount, regardless of specific injuries or medical costs. In 2018, a talcum powder class action lawsuit was tossed out by the U.S. Court of Appeals for the Third Circuit. The grounds for the class action was based on the lack of warning labels, but the plaintiff did not have ovarian cancer, so the case was dismissed as “buyer’s remorse.”
Another way of proceeding is through multi-district litigation (MDL). With MDL 2738, early discovery is streamlined for similar cases to save time. The same judge presides over a series of bellwether trials, which reveal the strengths and weaknesses of the central argument. While early successes may set a precedent, each case has “its day in court.”
If successful, you may receive compensation to cover past, present, and future medical expenses, lost wages and loss of earning potential, emotional pain and suffering, and punitive damages on top of all that. Survivors of loved ones who passed away from ovarian cancer may receive a monetary award for wrongful death, funeral costs, burial expenses, emotional pain and suffering, loss of companionship/guidance, and loss of income.
These are the cases Schuerger Shunnarah has specialized in for many years. It’s what we do best. If yours is an Schuerger Shunnarah case, why trust it to anyone else?
Schuerger Shunnarah has been successful because we poach the best talent from the Big Insurance companies and inspire them to come to the good side.
Once they’re on our team, we capitalize on their insider knowledge to fight the very insurance executives they used to work for.
It’s like taking storm troopers and turning them into Jedi Knights who fight for you.
Contact us now and learn your rights and get advice from an attorney who is on your side and knows how the insurance company game is played.
*By clicking the Submit button, I consent to being contacted by Alexander Shunnarah Personal Injury Attorneys at the number I provided. I also consent to receiving advertisements and telemarketing messages by text message or pre-recorded call, either of which may be dialed by an autodialer. I acknowledge that my consent is not required for purchase, that standard message and data rates apply, and that clicking Submit constitutes my electronic signature for my consent to being contacted and my agreement to the Terms and Conditions.
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