A baby powder cancer lawsuit could be an option for women who used talcum products for feminine hygiene and later developed ovarian cancer. Affected women and their families have a filed a talcum powder lawsuit to seek compensation for their losses.
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.
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Talcum Powder Uses and Potential Risks
One of the main ingredients in baby powder is talc, which is a naturally-occurring mineral that is made up of hydrogen, oxygen, silicon and magnesium, according to the U.S. Food and Drug Administration (FDA). In addition to baby powder, talc is found in a wide range of other personal care and cosmetic products because of its ability to absorb moisture, improve the overall feel of a product and prevent caking.
Although talc is not inherently harmful, this mineral is often found in close proximity to asbestos, which is a carcinogen. According to the American Cancer Society, carcinogens are substances that are likely to lead to cancer. Since asbestos exposure can cause cancer, the FDA does not allow products containing talc to be contaminated with this substance. However, before they are permitted to enter the marketplace, the FDA does not have to review cosmetic products containing talc and their ingredients.
Actions Taken by the FDA
Since the possibility of talc cosmetic products being contaminated with asbestos has become a concern, the FDA conducted a study of cosmetic products containing talc currently on the market. This study was conducted through a partnership with AMA Analytical Services, Inc., and ran from September of 2009 to September of 2010. At the end of the study, it was found that no traces of asbestos existed in the cosmetic products that contained talc. However, the results of this study were limited; just four suppliers of talc submitted samples and only a few products were tested. As a result, the FDA states that it cannot conclusively determine whether or not cosmetic products in the U.S. containing talc are free of asbestos.
Although the FDA’s survey, in addition to other studies, produced inconclusive results regarding the link between talcum powder and cancer, researchers have been investigating whether there is a link between exposure to talc and ovarian cancer since the 1970s. A study conducted by a Harvard University professor in 1982 suggested a statistical link between talc use and ovarian cancer. This same professor also released a study in December of 2015 in the journal Epidemiology claiming that using talc for cosmetic purposes contributes to a 33 percent increased risk of ovarian cancer. Additionally, this study suggests that the longer talcum powder is used, the greater a woman’s risk is of developing cancer.
Baby Powder Cancer Lawsuit Filed
In February 2016, a $72 million talcum powder verdict was handed down against Johnson & Johnson in a case where a woman’s family claimed that the product caused her ovarian cancer. Jurors concluded Johnson & Johnson should pay $10 million in compensatory damages and $62 million in a punishment award to the family of the deceased woman, who died of ovarian cancer in 2015 after using Johnson’s baby powder and another talc-based product for years.
It’s the first time a jury has ordered Johnson & Johnson, the world’s largest maker of health-care products, to pay damages over claims that it allegedly knew decades ago that its talc-based products could cause cancer and failed to warn consumers. Johnson & Johnson is facing about 1,200 suits claiming studies have linked its Johnson’s Baby Powder and its Shower-to-Shower product to ovarian cancer. Women contend the company knew of the risk and failed to warn customers.
How Can a Baby Powder Cancer Attorney 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 baby powder cancer lawyer to learn more about their rights and remedies.
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