A talcum powder lawsuit could be an option for women who used talcum products for feminine hygiene and later developed ovarian cancer. Women who used talc products for feminine hygiene and were diagnosed with ovarian cancer may be eligible to pursue claims against the makers of those products with the help of a talcum powder attorney.
For more information, contact Attorney Group today. Our consultations are free, confidential and without any obligation on your part. We can help answer your questions, and if you choose to pursue a claim we can connect you with an affiliated attorney who can assist you throughout the legal process.
Important: The time you have to pursue a claim is limited. Contact us for more information.
What is Talcum Powder?
Talcum powder, also known as baby powder or body powder, is a cosmetic product produced and distributed under various brand names by Johnson & Johnson, its subsidiaries, and other companies. Talc is a mineral comprised primarily of magnesium, silicon, and oxygen. When ground into powder, talc can absorb moisture and reduce friction. Talcum powder is widely used to help keep skin dry and prevent rashes.
While baby powder is commonly used to prevent or treat rashes, many women also use talc powder for feminine hygiene. Many talcum-based products are also marketed as “Body Powder,” such as Shower-to-Shower and other brand names. When talcum powder was first sold in consumer products, it contained asbestos, which is a known carcinogen. Baby powder products that contain asbestos are no longer sold, although it has been alleged that talc itself can cause ovarian cancer.
The FDA’s Exploratory Survey
Due to concerns about the potential correlation between the talc used in personal care products and cancer, the U.S. Food and Drug Administration (FDA) performed an exploratory survey of some cosmetic products used today that contain talc. The organization contracted with AMA Analytical Services, Inc., to perform this survey, and collected data from September of 2009 to September of 2010.
The products studied were acquired from retail outlets throughout the Washington, D.C., area and covered a varying range of price points. Some of these products included face powder, foundation, eye shadow, blush, and body powder. These products were analyzed using polarized light microscopy and transmission electron microscopy methods, and each product was analyzed three times.
At the conclusion of this survey, no asbestos fibers or structures in the cosmetic products containing talc were found. However, because the number of products tested was limited, these results were not conclusive. As a result, the FDA states that it cannot be determined whether or not cosmetic products currently marketed in the U.S. today contain asbestos fibers that could cause cancer.
In addition to this survey, many other studies have been conducted exploring the possible correlation between talcum powder and cancer. For example, a study performed in 2010 involving 200,000 women found that of the participants, 721 cases of ovarian cancer were reported. Although the study concluded that there could be a possible association between ovarian cancer and talcum powder, the researchers stated that too many variables were involved to confirm a direct association.
Talcum Powder Lawsuit Filed
Although the results of the FDA’s study about the link between talcum powder and cancer were inconclusive, as well as other studies, approximately 1,200 lawsuits have been filed against the manufacturer Johnson & Johnson on the basis that use of their talcum-containing products increases a person’s risk of cancer, according to ABC News. In one of these cases, the family of a woman who died from ovarian cancer, and who used products containing talcum powder, was awarded $62 million in punitive damages and $10 million in compensatory damages from Johnson & Johnson. Despite the outcome of this lawsuit, the company made a statement saying that their talcum powder products still complied with purity and quality standards.
The family of this woman not only claimed that talcum powder could be linked to ovarian cancer, but that Johnson & Johnson failed to warn the public about this potential risk. In this case, the deceased woman’s attorneys cited an internal memo from a medical consultant at Johnson & Johnson suggesting that there was a link between ovarian cancer and talcum powder. The memo stated that anyone who denied this link would also be denying the obvious.
How Can a Talcum Powder Lawsuit Help?
Product makers have a duty to provide safe products. If there are risks of harm associated with their products, they also must provide adequate warnings. If a product maker fails to fulfill this duty, it could be held liable in lawsuits for injuries that may result.
Women who developed ovarian cancer after using talcum powder may be entitled to compensation for damages, including:
- Medical expenses
- The permanency of the injury
- Pain, suffering, and mental anguish
- Loss of income or ability to work
If a woman dies as a result of her cancer, family members may be entitled to compensation for the wrongful death of their loved one, including:
- Conscious pain and suffering of a loved one prior to death
- Pain, suffering, and mental anguish from the loss of a loved one
- Funeral expenses
If the actions of the product maker are malicious or so reckless that intent to harm can be inferred, the responsible party can be liable for punitive damages to punish wrongful conduct and deter similar conduct in the future.
Women who have developed cancer after using talcum powder are encouraged to speak to a talcum powder lawsuit attorney to learn more about their rights and remedies.
The Time You Have to Pursue a Claim is Limited. Contact Us Today.
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