When a popular product used by generations of consumers makes headlines for the wrong reasons, people tend to pay attention. One product making sizable waves is talcum powder. Whether you use talcum powder or a product listing talc as an ingredient, you may unknowingly be increasing your risk of developing ovarian cancer.
Research indicates the popular product contains asbestos. Even though it’s a natural ingredient in talc, it also has cancer-causing properties. If you meet the qualifications for the talcum powder lawsuit, you may be eligible to recover compensation.
Determining Your Eligibility in the Talcum Powder Lawsuit
The American Cancer Society sounded the alarm over talcum powder and its potential link to ovarian cancer. The agency notes that 19,710 women are diagnosed with ovarian cancer every year. Unfortunately, approximately 13,270 cancer patients will also die from the disease this year. Even though not all cases of ovarian cancer are tied to talcum powder use, a significant portion are.
So, if you’re diagnosed with ovarian cancer caused by talc can you join an existing lawsuit or file one on your own? Chances are, it’s a little too late to join an existing lawsuit. Most have either made their way through the courts or are just about finished. Joining a lawsuit typically means getting in at the beginning and not the end.
With that being said, even though states like Missouri and California have finally reached multi-million dollar settlements against Johnson & Johnson ( the makers of talcum powder), it doesn’t mean you’re not eligible to file a lawsuit against the manufacturers.
Figure Out Your State’s Statute of Limitations
If you’re not sure what the term statute of limitations means, the definition is pretty simple. The legal term refers to how long you have to file a lawsuit against the talcum powder manufacturer. Since Johnson & Johnson is responsible for getting talcum powder on store shelves, your lawsuit will name J&J as the defendant.
Since the statute of limitations can vary state-by-state, you’re probably going to need to check with your local personal injury laws. Typically, you have anywhere from two to four years to file a personal injury lawsuit.
The filing deadline can kick in on the date the accident occurs. For example, if you’re in a car collision the clock starts ticking on the accident date. The statute of limitations can also start on the date you discover your injuries.
In this case, the date you’re diagnosed with cancer caused by talcum powder use. So, if you purchased talcum powder five years ago and only discovered your injury yesterday, the statute of limitations just started.
Prove Your Cancer Diagnosis is Directly Caused by Talcum Powder Use
Just because you used to be an avid talcum powder user, including products like Shower to Shower containing talc, doesn’t mean you’re automatically eligible for compensation. You must be able to prove you suffered damages directly caused by the product. This means proving the manufacturer is negligent.
Proving negligence isn’t always a piece of cake. You must address four key elements. If you can’t meet each of these factors, you probably aren’t going to be able to file a lawsuit:
- Duty of Care: Everyone pretty much owes someone a duty of care. In this case, the manufacturer owes their customers a duty of care. The manufacturer has a duty to provide a safe product and warn consumers if there’s a known or suspected danger.
- Breach of Duty: Establishing this element of negligence tends to fall into place once you establish there’s a duty of care owed to you. Since the talcum powder manufacturer knowingly sold a product containing hazards, it’s a clear breach of duty.
- Causation: By the time you get to the third factor, things are getting easier to prove. You must show your cancer diagnosis can only be caused by your use of the manufacturer’s product. Your medical records can be submitted as evidence. You can also use findings from the medical and scientific community that highlight the direct link between talcum powder and ovarian cancer.
- Damages: This is the final element of negligence and is usually the easiest to establish. All you’re showing is your financial losses are caused by the manufacturer’s product. This is when you can start listing damages like medical costs, pain, suffering, and mental anguish.
If you can establish negligence, you can probably move forward with your talcum powder lawsuit.
Other Potential Factors Impacting a Talcum Powder Lawsuit
Your personal injury attorney is probably going to ask you a few questions before getting to work on filing your talcum powder lawsuit. Even though your answers can impact your claim, don’t start fudging the truth.
Honesty is always crucial in a lawsuit. Not only can an untruth, even a tiny one, derail your lawsuit, but you may even end up with legal problems. You may be charged with insurance fraud for withholding the truth.
The Length of Time You Used Talcum Powder
Cancer cases linked to talcum powder go back decades. The health problems aren’t new, only the lawsuits and the manufacturer’s admission of guilt. Did you know you can still develop health problems like cancer just from inhaling talcum powder dust? So, even if you only used talcum powder for diaper changes, you should still qualify for a lawsuit.
However, if you’ve only been using the product for a year or so, your lawsuit may be a little harder to prove. The manufacturer may claim bad hygiene caused your damages.
Does Cancer Run in Your Family?
Sure, this is an extremely personal question but it’s one you should be ready to answer. If there’s a history of cancer in your family, the manufacturer may try to point to genetics as a cause and not their product.
Addressing this potential issue early on can help keep your lawsuit moving smoothly through the legal process.
Talk to a Personal Injury Lawyer About Your Talcum Powder Lawsuit
Filing a lawsuit isn’t something anyone should do without a personal injury attorney by their side. You’re taking on a huge global corporation and their legal team is just waiting to pick your lawsuit apart. You need experienced legal guidance from start to finish.
