Talcum Powder Lawsuit Attorneys
The talcum powder lawsuit attorneys from Farris, Riley & Pitt, LLP provide compassionate and qualified representation to women who were diagnosed with cancer after using talcum powder sold by Johnson & Johnson and other companies. Decades of research show a potential link between talc-based products and various cancers in women. Despite these findings, manufacturers, such as Johnson & Johnson, continued selling talcum powder to consumers without warning them of the risks.
Studies are showing that women exposed to asbestos found in talc products are one-third more likely to develop cancer than those who are not. The most common type of cancer associated with talcum powder is ovarian cancer. Other forms that could develop from long-term exposure include fallopian tube cancer, mesothelioma, ovarian cancer, and uterine cancer.
It’s devastating to receive a cancer diagnosis after using a product you thought you could trust. The compassionate, award-winning attorneys at Farris, Riley & Pitt, LLP are dedicated to helping clients who have been injured through no fault of their own. We will skillfully and strategically fight for the compensation you’re owed. Don’t hesitate to contact us to schedule a free consultation to learn about your rights and legal options. Call (205) 324-1212 today.
What Talcum Powder Brands Contain Asbestos?
Johnson & Johnson isn’t the only company receiving lawsuits from women who got cancer because of asbestos exposure from talcum powder. Companies who produce popular brands of talcum powder include:
- Johnson & Johnson Baby Powder
- Shower to Shower
- Nivea Pure Talc
- Clubman Pinaud Talc
- Gold Bond Medicated Powder
- McKesson Baby Powder
The Link Between Talcum Powder and Ovarian Cancer
Researchers studying the potential link between ovarian cancer and talcum powder believe that when women apply it to their genitals, the asbestos-containing particles travel through the vagina and become trapped in the ovarian tissue. The body can’t remove those particles, so they stay there and cause inflammation. Chronic inflammation eventually leads to the formation of tumors.
The first published article suggesting the dangerous link was back in 1971. A medical journal called “The Lancet” published findings that most tumors in the ovaries had talc particles in them. In 1982, another team of researchers found a 92% increased risk of developing ovarian cancer when women used talcum powder during ovulation.
Additional studies showed an increased risk of ovarian cancer in women using talcum powder on or near their genital area over the three decades that followed. The World Health Organization considers talc a possible human carcinogen. Despite those warnings, companies like Johnson & Johnson chose not to place warning labels on their products.
Does Talcum Powder Cause Mesothelioma?
The main cause of mesothelioma is asbestos exposure. According to the American Cancer Society, approximately eight out of ten people diagnosed with mesothelioma encountered the cancer-causing material. When someone breathes in asbestos fibers, they can travel to the lungs and lead to scarring and inflammation. Over time, cancer can develop. Since talcum powder can contain asbestos, people who use it can easily inhale it into their lungs.
How Do I Know if I Qualify for a Lawsuit?
Simply getting cancer of the ovaries, uterus, fallopian tubes, or lungs after using talcum powder isn’t enough to justify filing a lawsuit against the manufacturer. You must have sufficient evidence showing a link between your diagnosis and the regular use of the product. The different kinds of evidence you can use to prove your claim includes:
- Receipts of talcum powder purchases
- Medical records showing the diagnosis of cancer
- Statements from witnesses who saw your consistent use of talc products
- Medical and family history showing no link to your diagnosis
Substantial evidence is necessary for any product liability lawsuit. You must be able to convince a jury that you used talcum powder regularly over a long period, and cancer development wasn’t because of a factor other than the asbestos exposure. You might win financial compensation if you can gather enough evidence to convince a jury of your claim.
How Do I File a Lawsuit?
If you want to sue Johnson & Johnson or another negligent company for your cancer diagnosis after using talcum powder, you have to follow a two-year statute of limitations. A statute of limitations is a strict deadline for pursuing civil action against another party. You must file within two years from the date of your injury. If you try to file a lawsuit after two years pass, the judge will likely dismiss your case.
If you’re within the two-year statute, you should hire a talcum powder lawsuit lawyer to help you. Litigation lawyers understand the legal process necessary to recover a financial reward from those whose careless actions harm someone. At Farris, Riley & Pitt, LLP, we care about our clients and believe in fighting for their justice. When you hire us, we will take care of each step of the process for you.
We’ll begin by locating crucial evidence to connect your talcum powder use and cancer diagnosis. Then, we’ll file a lawsuit on your behalf with the courts and submit all of the appropriate documentation. We’ll ensure that the opposing attorneys treat you fairly and don’t attempt to get your case thrown out or offer to settle for a low amount of money.
How Does a Lawsuit Work?
In Alabama, you can base your claim on negligence, breach of warranty, or strict liability. Many product liability lawsuits involve negligence. Negligence is the legal basis that someone’s action or inaction caused harm to another. There are five elements of a negligence case that you must prove existed:
- Duty: The manufacturer owed you a duty of care. A duty of care is the legal obligation of an individual or entity to reasonably prevent injury.
- Breach of duty: A breach of duty occurs when the responsible party fails to exercise reasonable care by breaching their duty.
- Cause in fact: The manufacturer’s actions, and nothing else, led to your diagnosis of cancer.
- Proximate cause: The manufacturer should have known that their actions would result in a consumer’s disease.
- Damages: As a result of the harm caused by the manufacturer, you suffered damages. Damages are losses resulting from an accident or injury.
If your talcum powder lawsuit lawyer can show all elements were the result of your cancer because of the asbestos found in the talc product you used, you could potentially win compensation from the at-fault party. If even one of these elements is missing from evidence, it will be difficult to prove your claim.
How Much Money Could I Win in a Lawsuit?
The value of any case depends on multiple factors. A jury will consider those factors and review all available evidence to determine the financial award you deserve. The factors they will review include:
- Type and stage of cancer you developed
- Duration and extent of treatment necessary
- Medical evidence linking talcum powder use to cancer diagnosis
- Affidavits from individuals who witnessed you using talcum powder and the negative impact it had on your life
- Receipts, bank statements, and other evidence that you used talcum powder regularly
- Physician notes of your cancer and the treatment needed to recover
Depending on the severity of your diagnosis and the factors listed above, you could potentially recover compensation for the following damages:
- Medical bills
- Out of pocket expenses
- Loss of income and lost future wages
- Long-term disability
- Disfigurement or impairment
- Loss of consortium or companionship
- Loss of quality of life
- Physical pain and suffering
- Emotional distress
- Psychological trauma
Your talcum powder lawsuit lawyer will help you navigate this part of the lawsuit and estimate how much compensation you deserve. There’s no way to predict the exact number, but we will attempt to cover all your past and future costs, so you don’t have to pay for anything yourself. We will fight to ensure the negligent party compensates you for your losses and is held accountable for their actions.
Do I Need to Hire a Lawyer?
No. You don’t have to seek legal representation, but it’s your best option if you want to win the maximum compensation available. The majority of people who try to handle their case alone end up with a lot less money than they deserve, or they receive nothing at all. Defense attorneys for large corporations like Johnson & Johnson know how to intimidate claimants and take advantage of their lack of knowledge about legal proceedings.
They will likely provide a low settlement offer to close out the case quickly. If you don’t understand your rights, you might feel tempted to accept their offer. They also have unlimited resources to fight against product liability claims. As an individual, it’s difficult to go up against a team of legal professionals with decades of experience representing manufacturers. They often use various tactics to scare people like you into dropping the case or walking away with a financial award that doesn’t even cover your medical damages incurred.
It would be in your best interest to contact Farris, Riley & Pitt, LLP and work with an experienced talcum powder lawsuit lawyer. We will use our knowledge, skills, and resources to build a solid case, so you have a fair shot at holding the talcum powder company financially responsible for their actions.
What Should I Do if I Can’t Afford a Lawyer?
We know you’re struggling financially while treating your cancer. The thought of spending more money on a lawyer seems daunting. We don’t want to add to your burden, which is why we take cases on contingency. That means we don’t take a legal fee unless we recover compensation for you. If we don’t win your case, you won’t have to pay us anything.
Contact Farris, Riley & Pitt, LLP
Our talcum powder lawsuit lawyers at Farris, Riley & Pitt, LLP dedicate their time and effort to representing victims of product liability. If you or a loved one developed cancer after using talcum powder, call us at (205) 324-1212 to find out how we can help you fight for justice.
We’ll provide you with a free consultation to review the details of your case and discuss your legal options. You can depend on us to treat you with compassion, respect, and professionalism at all times. Our clients are our main priority, and you’ll be able to reach us 24/7. Contact us today to schedule your free consultation and let us help you get on the road to recovery.