Talcum Powder Lawsuit Lawyers
If your doctor diagnosed you with ovarian cancer or another form of cancer after using talcum powder, do not hesitate to contact the defective consumer products attorneys of Wallace Miller. You might qualify to join a mass tort lawsuit against the manufacturer and seek compensation for your medical treatment and other expenses.
Studies show an increased risk of developing cancer from talcum powder. Talc is a mineral found in many consumer products, including talcum powder and baby powder. Asbestos contamination can occur and cause a range of medical issues for consumers. Women are especially at risk for uterine, ovarian, and other types of cancer from tiny particles entering their bodies and spreading to the reproductive organs.
Wallace Miller knows how much a cancer diagnosis can change someone’s life. Not only is such a diagnosis devastating, but cancer can also disrupt your daily routine and cause significant financial strain if you can’t afford your medical bills. You have a right to hold the manufacturer liable for supplying a product contaminated by a known human carcinogen. They should be financially responsible for your hospitalization, prescriptions, and other incurred costs.
You don’t have to go through this horrific experience alone. You can expect ongoing guidance and support during the complicated legal process. Wallace Miller will remain by your side and provide the dependable representation you deserve. We’re not afraid to fight against large companies that harm the public. We will be your advocate and tirelessly work to pursue justice on your behalf.
Call Wallace Miller at (312) 261-6193 for your free consultation with one of our experienced and dedicated talcum powder lawsuit lawyers.
Possible Cancer Risk from Using Talc-Based Products
Talc is a mineral found naturally in the environment. It consists of oxygen, magnesium, and silicon. Many companies use talc in their products. Its ability to absorb moisture and keep a person’s skin dry makes it a popular ingredient in baby powder and talcum powder. Applying it to the skin can prevent rashes from forming.
Other common products that contain talc are various types of mineral makeup, such as:
- Blush
- Lipstick
- Eyeliner
- Eyeshadow
- Mascara
- Concealer
- Eyebrow pencil
You might also find talc in other beauty products, including moisturizing creams and lotions.
When talc is in its natural form, asbestos contamination can occur. The International Agency for Research on Cancer classifies asbestos as a known human carcinogen. That means exposure to the substance can cause cancer in humans.
Unfortunately, companies that manufacture and sell cosmetic products don’t have to go through the U.S. Food and Drug Administration (FDA) review or approval process. Since federal regulations consider talcum powder a cosmetic product, the manufacturers can place their potentially dangerous products on the market without fear of government oversight.
Is There a Link Between Talcum Powder and Cancer?
Researchers performed various studies on whether talc-based products adversely affect the health of people using them. The results show women have an increased risk of ovarian cancer from prolonged use of baby powder in their genital area.
Some experts dispute these findings and believe there isn’t enough evidence to claim a link between talc-based products and cancer definitively. However, the research shows different types of cancer in people using talcum powder and baby powder regularly for prolonged periods.
Researchers think asbestos exposure occurs when contaminated particles enter a woman’s body through their vagina during application. The particles can travel to the fallopian tubes, uterus, and ovaries. Inflammation results from this exposure and can cause tumor formation.
Multiple forms of cancer can develop from the chronic inflammation, including:
- Fallopian tube cancer
- Uterine cancer
- Vaginal/vulvar cancer
- Cervical cancer
- Endometrial cancer
The results of studies performed on baby powder manufactured by Johnson & Johnson show a risk of mesothelioma and respiratory illnesses. Talc particles end up in the air while someone applies the powder to their body. Inhaling the particles causes lung irritation and can lead to the development of mesothelioma.
If you have mesothelioma, ovarian cancer, or another medical condition and believe it’s from using talcum powder, contact Wallace Miller immediately. We can review the circumstances and determine whether you’re eligible to pursue a mass tort lawsuit against the manufacturer.
Talc Products Contaminated by Asbestos
Many talc-based products on the market contain asbestos. The most common brands include:
- Angel of Mine baby powder
- Nivea pure talc
- Gold Bond no-mess powder spray, medicated powder, body powder, and extra strength body powder
- Imerys Talc North America cosmetic talc and raw industrial talc
- Clubman Pinaud powder
- CVS baby powder
- Vanderbilt Minerals raw industrial talc
- McKesson baby powder
- Whittaker, Clark & Daniels raw cosmetic talc
- Colgate-Palmolive cashmere bouquet
- Johnson & Johnson shower to shower baby powder and absorbent powder
- Rite Aid baby powder
If you used any of the talc-based products above and have developed cancer since you began using them regularly, contact Wallace Miller so we can start preparing your case. We have the resources to obtain valuable evidence to use against the manufacturer and prove they should be liable for your medical condition.
Recalled Talcum Powder
In October 2019, Johnson & Johnson issued a recall on approximately 33,000 bottles of its baby powder in the United States. This decision came after the FDA advised finding trace amounts of asbestos in one of the manufacturer’s bottles. However, J&J performed its own research and claimed the recall had nothing to do with the contamination because it didn’t find any signs of asbestos.
After learning of the recall, Walmart, CVS, Rite Aid, and other retailers decided to remove talc-based products from their shelves.
Although Johnson & Johnson insists its products are safe for consumers, it decided to suspend sales in the United States and Canada. The company continues to use talc in its baby powders and sells them in other countries.
Compensation for Asbestos Exposure
You might be able to file a lawsuit against the talcum powder manufacturer or another negligent party for your cancer diagnosis. However, it’s critical to understand that the talc-based product you used isn’t necessarily why you developed cancer. You need to have substantial evidence of the link between your cancer and asbestos contamination of the specific product you frequently use before you’re eligible to file a lawsuit against the manufacturer.
You could join a mass tort case if you meet the required qualifications. Mass torts combine multiple lawsuits from different plaintiffs into a single legal action. Each plaintiff involved in the legal matter pursues compensation from the same defendant.
The monetary award isn’t the same for everyone. A favorable outcome means the court will review the circumstances of each person’s situation to determine the amount of money they deserve.
The compensation you receive might compensate you for your injury-related losses, such as:
- Emotional distress
- Medical bills
- Lost wages
- Lost earning capacity
- Out-of-pocket expenses
- Pain and suffering
- Loss of enjoyment of life
You could also recover punitive or exemplary damages in a lawsuit against the manufacturer. To receive this form of compensation, you must show clear and convincing evidence of the defendant’s actions. Depending on the laws in your state, you might have to provide evidence of gross negligence, disregard for the safety of others, or intentionally caused harm.
Statute of Limitations for Talcum Powder Lawsuits
The law doesn’t impose a general statute of limitations for mass tort cases. Instead, you must follow the timeframe outlined in your state’s law. Some states have a one-year statutory time period, while others allow plaintiffs to file their lawsuits within a five-year period.
Wallace Miller can review the laws in the state where you reside to determine how much time you have to initiate your lawsuit against the manufacturer. The timeframe begins on the date of your cancer diagnosis or medical condition from asbestos exposure. You could lose your right to pursue compensation in court if you run out of time.
In some states, specific exceptions allow plaintiffs to toll or extend the statute of limitations period. That means you can pause the running of the clock or have more time to file your lawsuit.
For example, the discovery rule can delay the date the timeframe begins. If you develop cancer from a talc-based product but don’t discover it until later, the timeframe won’t start on the date cancer formed. Instead, it will begin on the date you discover or should have discovered what happened.
Other laws also give plaintiffs the opportunity to wait until a specific event occurs to pursue legal action against the negligent party. Some states have laws regarding the age of the plaintiff. If you are a minor at the time of your diagnosis, the timeframe to file your lawsuit won’t start until you turn 18, 19, or 21, depending on the law where you live.
Contact Us
At Wallace Miller, our talcum powder lawsuit lawyers know the struggles you face. You trusted an everyday product to serve its purpose without harming you in any way. Unfortunately, you now have cancer or another serious medical condition and need treatment. Chemotherapy is expensive and can lead to crushing debt if you can’t afford your bills. It also causes debilitating side effects that could reduce your quality of life.
We are ready to help you in the complicated fight ahead. You can focus your time and attention on your treatment while we handle all the elements of your lawsuit. We can investigate, gather evidence, and create a strategy to hold the manufacturer accountable.
If you developed cancer or another disease after using talcum powder, call Wallace Miller at (312) 261-6193 for your free consultation today.