September 22, 2021

Talcum Powder Lawsuits: Who is Eligible to File?

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Legal News
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Lung Cancer
Mesothelioma
Personal Injury

As science progresses, we discover more and more information about the world around us every day. Unfortunately, this information is not always fun-fact material. Such is the case with long-term exposure to certain products that we once assumed were safe and even beneficial. Talc is one of those products. While we are still learning about the effects talc exposure can have, some have known of these dangers for a long time. The problem is, they may not have responsibly acted upon that information. So, let’s explore the talcum powder lawsuits.

Within the last few decades, multiple scientific studies have enabled us to directly link the formation of certain cancers and chronic conditions to talcum powder exposure. Because these risks have been scientifically proven, lawsuits are being filed due to accusations that the companies that produce talcum powder products have been negligent in informing consumers. Claims have been made that these companies were fully aware of the risks associated with their products yet did not take preventive measures.

Talc-Related Illnesses Leading to Lawsuits

Here are some of the key issues stemming from talcum powder use that are commonly seen in talc litigation.

1. Ovarian Cancer

Talcum powder—and talc-containing baby powder—has been used in personal hygiene for over a century. The silky, hydrous mineral is well known for its ability to soak up excess moisture and prevent chafing in the pelvic area. It was even used to powder condoms at one point. Unfortunately, this means that talc particles had ample opportunity to be transported through the vaginal canal and embed themselves into the delicate ovarian tissues.

Our bodies find it very difficult to remove said particles once they have embedded themselves. Once a talc particle has embedded itself into the ovarian tissue, it triggers perpetual inflammation in that area. This results in tissue mutations as the body struggles to heal the same spot over and over again. The tumors resulting from these tissue mutations often develop into ovarian cancer.

Even though numerous experts in cancer studies have acknowledged this risk factor, certain brands have yet to reflect this information on their product packaging. This negligence is one of the leading causes of the talcum powder lawsuits.

2. Mesothelioma & Lung Cancer

Talc is one of the finest minerals in powder form, making it extremely easy to inhale accidentally. While there have not yet been studies linking talc inhalation directly to mesothelioma and lung cancer, hundreds of studies link asbestos exposure to them. Unfortunately, asbestos exposure is directly related to talcum powder. This is because asbestos and talc deposits are often found intertwined or extremely close, leading to asbestos contamination of the talc ore.

While we expect to trust the ingredients listed on the label, talc is not quite as regulated as other ingredients might be since it’s actually considered a cosmetic mineral. It is this contamination that can introduce asbestos into our lungs. This is how asbestos contamination can often go undetected in certain products. In the case of the lawsuits, certain companies are being accused of knowing asbestos had potentially contaminated their talc stock yet still chose to move forward with the product.

Who is Eligible to File a Lawsuit?

Anyone who believes they may have developed ovarian cancer, mesothelioma, lung cancer, and related chronic health conditions due to talcum powder exposure can be eligible to file a lawsuit. However, it is essential to note that you must have used talc-containing products in the pelvis area at a frequency of every other day or more to qualify for an ovarian cancer claim. The same frequency of exposure is not necessary for mesothelioma and lung cancer claims concerning talc exposure.

Here are some of the main talc-containing products that you may have been exposed to:

  • Baby powder
  • Body powder
  • Deodorants
  • Spray powder
  • Chalk and crayons
  • Facial powders
  • Cosmetic make-ups
  • Adhesives
  • Pottery
  • Raw talc

Have There Been Successful Settlements or Lawsuits?

There have been several successful settlements and lawsuits concerning talcum powder exposure. In addition, several ongoing class-action and personal lawsuits are in the works right now, and we expect to see more as awareness continues to spread.

Johnson & Johnson

One of the most well-known lawsuits concerning talc-containing products has involved the baby powder tycoon Johnson & Johnson. One of the main aspects of this case is the accusations stating that Johnson & Johnson knew that their products contained asbestos for as long as 40 years.

At the beginning of June 2021, the United States Supreme Court declined to hear another appeal from Johnson & Johnson. This time, their appeal was meant to undo previously awarded sums given to cancer patients and their families. The sum, given to 20 women affected by ovarian cancer caused by the daily genital usage of J&J’s baby powder, will now be safely dispersed to the plaintiffs.

It’s Not Too Late to File Your Lawsuit

If you or a loved one have been affected by talc exposure, it’s not too late. Seeking legal counsel as soon as possible ensures that you remain in the statutes of limitations to have your talc-related claim successfully settled. To talk with a personal injury expert, sign up for a free professional case evaluation with the Serling & Abramson, P.C. team today.