A talcum powder lawsuit is filed against talcum powder companies like Johnson and Johnson, as many users have claimed to develop dangerous diseases like ovarian cancer with its prolonged use. If you should file a talcum powder lawsuit by joining a talcum powder class-action lawsuit or not depends on various factors.
Talcum Powder and Ovarian Cancer
If you have been using talcum powder products like baby powder and Shower to Shower, you have all the right to know the relation between talcum powder use and ovarian cancer.
For a long time, medical professionals have warned that products containing talcum powder are not safe to be used for babies. A talcum powder lawsuit is entirely different from this warning. According to such lawsuits, women using Baby Powder and Show to Shower for their genital regions have claimed to be suffering from ovarian cancer from its prolonged use.
Also, birth control products like condoms are coated with talc-based products.
So, if you are using:
- Talcum powder and
- Diagnosed with ovarian cancer,
you have all the right to file a talcum powder class action lawsuit.
Allegations Under Talcum Powder Lawsuits
It is alleged that Johnson and Johnson was aware of the dangers of using its products and still failed to warn users of its side effects. Relating to this, some of the allegations made against Johnson and Johnson under talcum powder lawsuits include:
- Violating the legal remedies of consumers
- Violating the business and professional code of ethics
- Violating the unfair competition laws
- Breach of implied warranty
- Personal injury caused due to negligence and failure to provide warning
Class Action Lawsuit Or Multiple District Litigation
There is not much difference between a class action lawsuit and multiple district litigation (MDL). Under a class-action lawsuit, a group of people comes together to file a single lawsuit. Each of the individuals in the class action lawsuit has the same issues. The rulings and verdicts that come out of a class-action lawsuit are binding upon all.
Under multiple district litigation, all the similar cases are consolidated and placed before a single judge such that no two identical issues are dealt with differently. It becomes easy to provide a rightful decision in the end.
Talcum powder lawsuits are usually dealt with as MDL. Each case in an MDL is represented by a respective personal injury or defective product attorney. Few similar cases are then presented before the jury, and the manufacturer is made aware of the financial risk.
The manufacturer and the jury will then arrive at a negotiation according to which the compensation amount is decided upon.
If you are a plaintiff and aren’t satisfied with the result of the class action lawsuit, you can choose to opt out and file your individual lawsuit. However, in this case, you will lose your right to receive whatever compensation you may have received as part of a class-action lawsuit.
Studies Related To Talcum Powder And Ovarian Cancer
There are several studies conducted in the past that have long before connected the dots and claim this powder is responsible for most ovarian cancer cases.
Some of the most known ones are:
- 1971 study conducted in Wales by W.J. Henderson, A.C. Turnbull, and others (Talc and Carcinoma of the ovary and cervix)
- April 2008 study published in European Journal of Cancer Prevention (perineal talc use and ovarian cancer)
- 2014 study published in the Journal of the National Cancer Institute
- May 2015 study published in the International Journal of Gynecological Cancer concluded that there is an increased chance of 30 to 60% of developing ovarian cancer when using talc. Discontinuing could prevent 29% of women from getting it.
Update in FDA Rules
According to the Food, Drug, and Cosmetic Act, companies producing cosmetic products like Johnsons and Johnson weren’t required to seek approval before launching the product in the market. But with several lawsuits on the rise, Congress is considering making changes to this Act and extending the FDA’s approval to such types of products as well.
Resolved Talcum Powder Class Action Lawsuits
Several plaintiffs have received considerable settlement amounts from talcum powder class-action lawsuits.
The most commonly identified case is from the year 2016, where the plaintiff’s representative (Jackie Fox’s family) received $72 million as part of the compensation from Johnson and Johnson after she passed away from ovarian cancer due to its prolonged use.
So, if you plan to join a talcum powder class-action lawsuit and are not sure how to get started, we are here to help you out. Contact our attorneys to learn more.