Yes, many people have initiated class action lawsuits after being diagnosed with cancer possibly due to the use of talcum powder products.
After a series of critical and speculative reports, victims and their attorneys have grouped together to start the opening salvo of class-action litigation against the manufacturers, producers, and distributors of talcum-powder products. Thus far, the cases have only been brought in a few states but that trend might increase as more people become aware of the potential violations. Before delving into the specifics of these cases, we want to review the nature of a class-action lawsuit.
What is a Class Action Lawsuit?
In class action lawsuits, the plaintiff is actually a group of aggrieved victims with similar injuries. However, not all of them bring the action. Instead, a representative of the group prosecutes the case for the good of the entire class against the defendant(s). There are four distinct requirements for any class action. First, the amount of victims needs to be so numerous that it becomes unrealistic for them to be corralled into a single case against the defendant. Second, similar issues of fact and law must run through all of the cases. Third, similar claims must pervade the group of plaintiffs such that they would have brought essentially arguments at trial. Fourth, the plaintiff representative must be able to demonstrate that he or she can fairly and adequately represent the entire class’ interests.
How Does It Differ from a Regular Lawsuit?
Because some talcum powder-related cases might end up being a class-action suit instead of a typical private action, we wanted to go over the difference between the two.
- CONTROL. With class-action lawsuits, a member of the plaintiff class represents the entire group, this has important ramifications for legal strategy. If you are not that representative, then you will essentially forfeit your right to decide how the case proceeds and what strategy is chosen because that will be within the discretion of the representative.
- RESOURCES. One positive aspect of class-action cases is that they tend to magnify the number of resources available to plaintiffs. Generally, plaintiffs are limited by their own means or the means of their attorneys. However, adding more plaintiffs typically increases the pool of potential resources or at least what their attorneys are willing to invest in the case.
- TIME. One important difference between private suits and class-action suits is time. Estimates and judgments related to how long private suits can last do not materially translate into how long a class action will take. Therefore, it is important to make your own individual forecast regarding how much time your combined suit will take up.
Have There Been any Talcum Powder Class Action Lawsuits?
Yes. So far, makers of products containing talcum powder have the target of class action lawsuits. In the few class action lawsuits involving talcum powder, the defendant has been Johnson & Johnson and the claim has been that it did not properly or adequately warn its customers of the risk of ovarian cancer or other threats when using its products. It is interesting to note that these class actions were kicked off after an individual in South Dakota won a private negligence case against Johnson & Johnson using a similar argument. To learn more about talcum powder lawsuits, click here .
Still Have Questions About Talcum Powder Class Action Cases?
Rosenfeld Injury Lawyers works with other firms on class action litigation. Recently, we have seen a rise in talcum powder class action lawsuits. If you are wondering if you may be eligible to join the pool of plaintiffs suing for damages, then contact our offices. Rosenfeld Injury Lawyers can help examine your circumstances to see if you can bring suit for talcum powder injuries.
To learn more about how talcum powder can affect your health, please read the following pages: