Talcum Powder Lawsuits in New York City
What is Talcum Powder?
Talcum Powder has been produced, marketed, and sold for decades to help absorb moisture on the body and prevent rashes. The main ingredient is talc, one of the softest minerals on earth. Talc is made up of magnesium, silicon and oxygen, and became widely popular for its ability to absorb both moisture and odor. Talc is the main ingredient in baby powder. In many households across the country you will find products from one of the largest baby powder manufacturers in the United States, Johnson & Johnson.
Unfortunately, however, studies have linked the use of talc-based products and cancer, including mesothelioma and ovarian cancer. In recent years, thousands of individuals have successfully filed lawsuits against talcum powder manufacturers, alleging that these companies knew and failed to disclose to consumers the risk of using their products.
If you have developed mesothelioma or ovarian cancer and suspect your condition may be linked to your use of talcum powder products, don’t hesitate to get in touch with one of our dedicated New York City product liability attorneys at Finz & Finz, P.C. on Long Island right away. We handle talc litigation across the United States.
We know how devastating it is to be diagnosed with a serious condition that may have been caused by a product that should have been safe to use. We have the knowledge and resources to build a strong case on your behalf and stand up to the large manufacturers who should have taken steps to protect you from harm.
We’re ready to review your case and help you determine your legal options going forward. Contact us today.
Recent Talcum Powder Lawsuit Updates
- August 2021: Johnson & Johnson Talcum Powder litigation recently became the second largest Multi-District Litigation (MDL) in U.S. history, with more than 34,000 filed lawsuits.
- June 2021: The United States Supreme Court denied J&J’s appeal to overturn a $2 billion verdict awarded in favor of a group of women who claimed their ovarian cancer was caused by use of J&J talc powder.
- March 2021: Johnson & Johnson set aside nearly $4 billion to compensate cancer and mesothelioma victims who used J&J’s talc baby powder. We expect this number will grow.
History of Talc Powder Lawsuits
In 2018, news agency Reuters published a report in which they detailed that Johnson & Johnson, the biggest manufacturer of talcum powder, knew for 40 years that their talc-based products had the potential to cause serious health conditions, including ovarian cancer and mesothelioma. This is because their talc was contaminated by asbestos, a well-known health hazard.
Reuters reported that from 1971 to the early 2000s, Johnson & Johnson’s talcum powder tested positive for asbestos numerous times. The report also included documentation that strongly indicates the company knew about the hazards of using talcum powder and then decided not to warn customers. Johnson & Johnson released a statement shortly thereafter, denying that their talcum powder contained any asbestos and claiming it was safe for use.
In 2019, however, the U.S. Food and Drug Administration alerted consumers that its testing of one lot of the product did indeed show the presence of trace amounts of asbestos. After the FDA published its results, many retailers pulled the powder from their shelves. Johnson & Johnson issued a voluntary recall of 33,000 bottles of talcum powder in October 2019.
Several months later, on May 19, 2020, Johnson & Johnson announced that they would stop selling talc-based powders across North America. Although Johnson & Johnson chalked up the decision to stop selling the products to a decrease in sales, by mid-May 2020, Johnson & Johnson was facing more than 17,000 lawsuits.
The lawsuits allege that the use of certain talcum powder products has the potential to cause serious harm and further claim that because these companies chose not to disclose this fact to the general public, they endangered the lives of many consumers. Talcum powder can cause serious harm when it enters the lungs after application or is applied to the genital area. Regular use of talcum powder can greatly increase the likelihood that an individual will later develop cancer.
Who Can File a Talc Powder Lawsuit?
Johnson & Johnson is not the only manufacturer of talc-based powder that has been subjected to lawsuits. Some of the other top companies named in talcum powder lawsuits include Colgate-Palmolive; Imerys Talc North America; and Whittaker, Clark & Daniels.
If you have developed symptoms of ovarian cancer after prolonged exposure to talcum powder, then you may be eligible to file a lawsuit against the manufacturer. The products implicated in ongoing talcum powder lawsuits include:
- Johnson & Johnson Baby Powder
- Shower to Shower
To file an ovarian cancer lawsuit, you need to be able to show that you used talc-based powder in the genital area regularly prior to developing ovarian cancer.
In addition, if you developed ovarian cancer or mesothelioma after prolonged exposure to talcum powder, then you might also be eligible to take legal action. Exposure to talc-based products could be related to:
- Baby Powder
The best thing you can do is consult with an experienced product liability attorney. A knowledgeable attorney will be able to help determine if you have a case and, if so, help you come up with a legal strategy for pursuing the compensation you are entitled to.
Statute of Limitations on Talcum Powder Lawsuits
Talcum powder lawsuits are a type of product liability lawsuit. Every state establishes periods in which a product liability lawsuit must be filed. If you do not file your lawsuit within the appropriate deadline, you will be forever barred from recovering your claim. If you reside in New York, product liability cases have a three-year statute of limitations, subject to certain exceptions. When exactly the clock starts ticking can be challenging to determine. It could be when you receive a diagnosis of ovarian cancer or mesothelioma, or it could be when you discover that your health condition may have been caused by the use of talcum powder products. This is why it is crucial to contact an attorney right away so that you don’t forfeit your ability to collect the compensation you deserve.
Types of Compensation for Talcum Powder Lawsuits
If you have been diagnosed with ovarian cancer or mesothelioma and believe that it was caused by prolonged exposure to talcum powder products, then you could be entitled to file a product liability lawsuit against the manufacturer of the product you used. You may seek compensation for:
- Medical expenses related to your health condition
- Lost wages if your illness has left you unable to work and earn a living
- Personal pain and suffering
- Mental anguish and psychological harm
- Reduced life expectancy due to your diagnosis
- Loss of enjoyment of life and ability to do daily activities
- Loss of consortium or companionship of loved ones
Families can also seek damages for wrongful death if they lose a family member to ovarian cancer or mesothelioma caused by the use of talcum powder products. It is worth noting, however, that wrongful death lawsuits have a shorter statute of limitations, just two years.
How Can a New York City Product Liability Attorney Help?
If you have been diagnosed with ovarian cancer or mesothelioma after regularly using talcum powder, then contact one of our product liability lawyers at Finz & Finz, P.C. in New York City today. We aggressively litigate talc powder cases throughout the United States.
We will review your case, help you determine your legal options, and aggressively pursue the compensation you are entitled to. Contact us today for a consultation.