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Talcum Powder & Ovarian Cancer Claims
In recent years some women have discovered, to their dismay, that they have developed ovarian cancer. In some cases, the disease was claimed to be caused by use of certain talcum powder products used to help absorb moisture and eliminate odors in the vaginal area of the body. Discovery of their ovarian cancer took many years to become evident, and by that time, for some it was too late; they died from this cancer. Many of these affected women and survivors of women who died from ovarian cancer turned to the legal system for help to fight back for their rights and to obtain fair compensation for expenses due to this medical issue.
Until 1971 in the United States, some talcum powders also contained asbestos, which now is known to cause cancer. Long term use of these powders can cause harm if particles of the substance travel up into the vaginal canal and to the fallopian tubes and ovaries. This can develop into cancer, which also can cause death to the user. In these lawsuits, claims primarily focused on negligent behavior by the manufacturers. Although the manufacturers, including Johnson & Johnson (Baby Powder and Shower to Shower), knew of this danger, they continued to produce and sell those products with no mention of potential danger on their labeling.
Getting Lawyer Help for Talcum Powder Cancer Claims
Don’t be afraid – this may be your first contact ever with a legal professional. You don’t know what to expect, what to bring to your first meeting, or what questions to ask your attorney. The main point is that you do need professional legal advice and representation from a Personal Injury Attorney with experience handling this type of case.
Things to do when you meet with your attorney the first time include:
- Interview the attorney; you need to feel comfortable with this person who will be representing your best interests, perhaps for a long time until the case is completed. Ask them about their experience with this type of case, their record of wins, who you will work with at the law firm, what fees you will be responsible for, and how payment will be assessed.
- Bring all related records, medical reports, list of expenses incurred due to this disease and other items that verify your losses. If you missed work, include that, along with projections of future lost income, benefits, and other items that are financial matters.
- You should be treated kindly and with respect by all persons at the law firm. Your phone calls should be promptly returned and meetings scheduled for your convenience and on time.
Talcum Powder Cancer – Personal Injury Options
Cases that involve ovarian cancer due to use of talcum powder products are handled as Personal Injury. Harm has been done, usually due to negligent behavior by another person or company. The actions may be accidental or deliberate. With lawsuits that focus on ovarian cancer caused by use of talcum powder products, there is verifiable damage. Doctors can examine tissues to reveal the presence of talc fiber particles within the cancerous growths. Cancer is a serious disease that will bring with it expenses for medical treatment, work loss, and for some, death. Survivors are allowed to file claims when their loved one dies due to a Personal Injury event. Jump to statute of limitations for talcum powder lawsuits.
Your attorney will advise you about which legal option will serve your best interests. They will know if there are any class action lawsuits that you could join, or you can file an individual lawsuit. In some cases, you may do both actions. Again, everything is unique to your individual situation. Another possible legal option is to settle your claim out of court, through negotiation with the defendant. You and your attorney will consider the costs to you in terms of time and amount of potential awards or settlement offers.
Talcum Powder Cancer Claims
The primary claim against Johnson & Johnson in class action lawsuits for ovarian cancer caused by talcum powder products is negligence. The plaintiffs claim that the company knew about the danger and neglected to post warnings about that on the product packaging. Additional claims were made for breach of implied warranty, violation of consumers’ legal remedies and violating the Unfair Competition Laws and the Business and Professions Code.
There is scant lab evidence of the connection between development of ovarian cancer and use of talcum powder products in the vaginal area of the body, however, concrete proof has been found during examination of cells taken from cancerous areas and growths. There was presence of talcum particles that had travelled up through the vaginal canal to the fallopian tubes and ovaries. Prior to 1971, these products may also have contained some talc minerals that also were made up of asbestos, in addition to the elements of magnesium, silicon, and oxygen. Asbestos has been proven to cause cancer.
Personal Injury Attorney
Across the country, Personal Injury Attorneys are working hard for clients in individual lawsuits and in class action lawsuits over this issue. Class action lawsuits were started in California and in Illinois by women who did not claim physical harm, but claims for the other consumer rights issues and deceptive practices. Two other cases that are complete include one with an award of $72 million to the family of a St. Louis woman who died from ovarian cancer due to talcum powder use, and another case that awarded $55 million to a woman with ovarian cancer attributed to her long term use of these products. In a South Dakota case, the plaintiff won her claim of negligence, but lost a claim of conspiracy. She was not awarded any financial compensation for that or another claim, or her appeal of conspiracy by the company.
Don’t wait or delay in getting lawyer help for talcum powder cancer. If you have been diagnosed with ovarian cancer and have used talcum powder products for years, contact our experienced Personal Injury Attorney to learn how we can help you obtain justice for this failure by a manufacturer.
Arrange for your first free consultation now.