Did a doctor diagnose your health problems as cancer-related to using talcum powder? Was the exposure to talc responsible for the death of a loved one who died of ovarian cancer or mesothelioma?
At Rosenfeld Injury Lawyers, LLC, our personal injury attorneys provide legal advice and representation in product liability lawsuits and can help your family too. We fight aggressively on behalf of every client to ensure they receive compensation for their personal injury case.
All confidential or sensitive information you share remains private through an attorney-client relationship. Contact a product liability lawyer today at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free consultation and a review of your case.
Talcum powders may seem like harmless products, but they can be detrimental to your health.
Besides resulting in severe cancers, they can significantly lower your quality of life. For example, suppose you have suffered the side effects of using a talc powder. In that case, you are eligible for filing a talcum powder lawsuit.
Johnson & Johnson, the Leading Talcum Powder Product Manufacturer
Recently, there have been many talcum powder lawsuits against renowned personal hygiene product manufacturers.
The most prominent was against Johnson & Johnson (J & J). The company was ordered to pay $750 million in damages to four users who claimed they developed mesothelioma due to its talc powder.
Besides these four plaintiffs, many other users nationwide have accused the company of using asbestos in their talcum powder. The use leads to mesothelioma and other cancers, among other health conditions.
As a talcum powder user, you can file a civil lawsuit against the company if you have been diagnosed with different cancers. However, bear in mind that your time is limited since talcum powder lawsuits have a statute of limitations.
At Rosenfeld Injury Lawyers, LLC, we avail a free case evaluation to consider all civil suits involving talcum powder cancer or other catastrophic medical conditions associated with talc exposure.
Overview of Talcum Powder Statute of Limitations
Most states in the US have a specific duration for sufferers to file lawsuits against the talcum powder company. Therefore, if you want to get compensation for lost wages, pain, suffering, and medical bills, you must comply with the statute of limitations.
If you have a personal injury, the length of time for filing a lawsuit varies between states. Typically, the statute of limitations takes effect from the day you get injured or finds out about your injury.
Suppose there’s a wrongful death due to talcum powder usage. In that case, the talcum product use statute of limitations begins from the day the individual dies due to asbestos-related cancers or mesothelioma.
Remember that the statute varies from one state to another, so you need to peruse through your respective state’s statute of limitations when filing a lawsuit or another legal action.
Do You Have a Talcum Powder Lawsuit Question or Concern?
Besides your right to file a talcum powder lawsuit, you also have the right to access information about it. You deserve to know what’s next for your case and how it will affect your life in the long run.
Suppose you have any questions or concerns about filing a talcum powder lawsuit. In that case, you can get in touch with our experienced team of lawyers.
Indicate your details on the contact’s slot, and one of our attorneys will respond right away. In addition, we provide free consultations to all individuals suffering from cancers resulting from talc powder use.
We fight aggressively for every client we represent to ensure they receive the compensation they deserve for their pain.
Contact a personal injury lawyer today at (888) 424-5757 (toll-free phone number) or use the contact form to book a free consultation and legal advice.
Why Is There a Statute of Limitations in Talcum Powder Lawsuits?
The primary reason for having a statute of limitations for each case is to ensure that the matter does not drag for years, and a resolution takes a specific time frame. Additionally, the statute of limitations restricts the time frame the victim can file a lawsuit in the appropriate court.
The statute of limitations is in place to ensure that the plaintiffs bring their complaints forward on time and do not surprise the defendant decades down the line. However, it’s important to note that the progression time can vary for different diseases.
Due to this, rules can change slightly. But it would help if you did not count on that. Immediately you learn that you have asbestos-related cancers due to talcum powder use, you should hire an attorney for yourself.
More importantly, do not wait before filing a lawsuit since the statute of limitations for talcum powder could be running. In addition, the American Cancer Society reports that people tend to lose their hygiene routine memory since it keeps changing with time.
Thus, monetary recovery is available for your suffering. First, however, you should file a product liability lawsuit immediately and record your testimony and statements.
Unfortunately, many mesothelioma cancer patients are unaware that they develop a life-threatening condition until it reaches the end stage when they experience severe symptoms.
The victim develops difficulty breathing, pain in the side and back, constant coughing, etc. Ovarian cancer and mesothelioma associated with using baby powder, or other talc products, have a long latency period before the symptoms emerge.
The long latency factor counts in the statute of limitations. Many states use the “discovery rule.” The rule changes the length of time the statute of limitations applies, extending the limitations deadline from when the injured party is first diagnosed.
Do not take chances; reach out to an attorney for a free case review on how to institute a legal action
Determining What Is the Statute of Limitations for a Talcum Powder Suit
Here are some examples of the statute of limitations for talcum powder lawsuits in different states in the US:
- One year limitation in California & Tennessee
- Two-year limitation in Texas, Ohio, New Jersey, and Illinois
- Three-year restriction in New York & Oregon
- Four-year limitation in Florida
All these statutes of limitations are for personal injury. For example, if families lost loved ones through talcum powder use, the statute of limitations in some states are as such:
- One year limitation in California
- A two-year limitation in Texas, Ohio, New Jersey, Illinois, Florida, & New York
- Three-year limitation in Oregon
So, ensure you hire a lawyer for your talcum powder civil law following your state’s specific statute of limitations.
The Justice Department amended the regulations for civil lawsuits involving baby powder and other talc-oriented products by tightening the controls and time limit than other injury suits. As a result, in most states, the aggrieved party can receive monetary recovery four or more years after receiving a cancer diagnosis based on the statute of limitations for talcum powder.
Talcum Powder Statute of Repose
An experienced ovarian cancer attorney must consider several factors other than just the statute of limitations when building a case. Studying statutes of repose and how it applies in the state where the claim occurs can help identify laws that safeguard defendants (the responsible party) from long-term product liability.
Not understanding the statute of repose could negate the injured party’s ability to seek monetary recovery for their diagnosed talcum powder cancer.
Deadlines May Vary from the Statute of Limitations
Above, we have discussed the statute of limitations as set by different states. However, there are some other provisions and laws that affect the time frame for each case.
Although, this statute of limitations serves as a rule and might not necessarily work in your case. When you hire a lawyer, they will tell you about the following things:
- Clock Ticking: This refers to the moment the statute of limitations began. Was it when you started using talcum powder or when you were diagnosed with cancer? Did the clock start ticking when you found out that your cancer was due to talcum powder use? A professional lawyer will let you know all these answers.
- Tolling: Tolling refers to the practice of extending the statute of limitations. As we shall discuss below, some factors can lengthen or delay the statute of limitations for talcum powder use in your case.
- Timelines: A lawyer will let you know if a different timeline applies to the case if talcum use claimed the life of a loved one.
- Statute of Repose: A lawyer will guide you about the applicable statute of repose, if there is any.
Note that certain factors can change your personal injury timeline or wrongful death lawsuit. Familiarize yourself with these factors and the statute of limitations to get the appropriate compensation for your losses.
What Can Affect the Statute of Limitations?
As discussed above, some factors can affect the statute of limitations for talcum powder. These include:
- The geographical location where the plaintiff resides
- Talcum powder exposure in terms of years
- The latency period of cancers, such as ovarian cancer
- The cancer diagnosis and its association with talcum powder products usage
The tricky part here is that the plaintiff might have used talcum powder products for years or decades. Plus, their ovarian cancer diagnosis may not have instantly been linked to talcum powder usage since tracing the root cause of the disease takes time.
That’s why many states use the discovery rule. The statute of limitations for talcum powder products begins when the plaintiffs find out their medical problem is due to talcum product use. But not when they are first diagnosed with cancer.
However, each talcum powder cancer case is different. That’s why it’s imperative to hire a lawyer who can advise you on the matter, according to your particular circumstances.
Suppose you live in one state for a part of your life when using talcum powder products, only to discover cancer when you move to another state. In that case, you might not know which state’s rules apply to you.
Having an attorney by your side will be extremely helpful in all talcum powder cancer cases. Your lawyers will guide you about the eligibility criteria. They will help you file for the compensation you deserve. Call us today for a free consultation
How Much is a Talcum Powder Lawsuit Worth?
In 2021, Johnson & Johnson paid $100 million in settlement to nearly 1,000 plaintiffs with cancers due to the company’s talcum powder products.
In 2019, a jury awarded a patient $27.5 million in punitive damages in compensation. She suffered from mesothelioma due to Johnson & Johnson talcum products on herself and her kids.
A Reuters report indicated the company was aware of asbestos in their talc powder products from 1971 to the 2000s.
For years, medical science linked asbestos exposure to developing ovarian cancer, testicular mesothelioma, peritoneal cancer, and other forms of mesothelioma. Yet, the company continued to use the mineral.
It’s crucial to have a reliable lawyer by your side so that you can get sufficient compensation.
What is the Duration for Settling a Talcum Powder Lawsuit?
The time frame of talcum powder lawsuits depends on many factors. In some cases, it may be resolved in just a year, while other claims could take a decade. For instance, 2,800 cases were filed against Johnson & Johnson in 2016 after talcum use was linked to ovarian cancer.
These cases were assigned to a single federal judge who processed them within the best possible time frame.
The judge appointed one attorney as the coordinating counsel for all the affected plaintiffs to do this effectively. This attorney will work with the court to manage the case and move it as quickly as possible.
Another judge in a different jurisdiction handled 2,000 additional similar cases in 2017. But, again, the two coordinated and worked together to address each of the cases effectively.
This coordination meant that they could use their resources more efficiently and reach a resolution simultaneously.
How Much Are Talcum Powder Lawsuit Settlements?
In some pregnancy-related talcum powder cancer lawsuits, the plaintiffs were awarded millions in settlement money for their conditions. As a result, they could afford medical treatment, pay for household expenses, and provide care to their families.
For instance, one woman diagnosed with a cancerous condition suffered from mesothelioma after using Johnson & Johnson’s baby powder. As a result, she was awarded $29 million in 2017.
However, some affected women did not receive any compensation. Some reports indicate they did not get their settlement claims, and others are still waiting for a verdict on their cases.
In one case, the plaintiff was awarded $110 million in damages against J & J in 2019. The amount is probably the highest amount ever awarded to a single client with cancer due to the company’s talc powder products.
The claim was that J & J was aware of asbestos in its products, resulting in ovarian cancer and other diseases. Yet, they allowed it to remain in their products.
Latest Talcum Powder Cases
Most of the recent talcum powder lawsuits are similar. Though, the degree of damages awarded to injured parties may vary due to their distinct situations. The cases recently filed include:
- A mother claimed that Johnson & Johnson’s Baby Powder was solely responsible for her daughter’s ovarian cancer. She used it every day from childhood through to her mid-teen years.
- Many women have filed lawsuits against J & J, claiming that their products led to talcum powder cancer or other forms of mesothelioma.
- A jury initially awarded the injured party $110 million in damages. Still, the verdict is expected to be overturned due to alleged errors made during the trial.
- A woman who used Johnson & Johnson’s baby powder for six months, starting from her adolescent years, received a cancer diagnosis related to talcum powder.
- A woman’s body was cremated without a toxicology test because her family held J & J accountable for claiming the life of their loved one.
- Another woman died from mesothelioma after using Johnson & Johnson’s baby powder regularly for over 30 years.
In these cases, the injured parties claim that the contaminated talcum is responsible for their illnesses and their untimely deaths. However, J & J claims there is no proof that the baby powder causes ovarian cancer in women.
Meanwhile, consumers should take precautions when using talc powder products, especially those containing asbestos. To protect yourself from potential health risks, you may consider using other products such as plant-based powders.
All these cases claim that the talc powder results in several cancers, resulting in civil lawsuits. But when the trial is over, both parties can appeal for various reasons, including:
- The plaintiff claims that Johnson & Johnson’s baby powder contains at least trace amounts of asbestos
- Talcum powder with asbestos was used daily by women for feminine hygiene, which led to their eventual illnesses
- The injured party suffers from cancer, which she blames on Johnson & Johnson’s baby powder
- The woman claims that her cancer has a link to the baby powder she regularly used as a child and teenager
- Doctors diagnosed the patient with mesothelioma after using Johnson & Johnson’s talc powder for over three decades
Are Talcum Powder Lawsuits Legitimate?
Yes, talcum powder cancer lawsuits are legitimate. You can get compensation for the following if you file a personal injury or wrongful death claim against a company making talcum products:
- Pain and suffering
- Lost wages
- Medical bills
- Poor quality of life
A diagnosis of mesothelioma or cancer could lower your quality of life and cause unbearable discomfort. Additionally, you might be unable to go to work due to pain and treatment appointments. On top of that, the hospital bills pile up as you start getting cancer therapy.
When you file a talcum powder civil lawsuit, you get compensation for all damages caused by talcum products.
The Clock is Ticking
Reach out to an attorney soon to schedule a free consultation to facilitate a legal action as per the state’s statute of limitations.
Have you suffered a personal injury from using talcum powder products or want to file a claim for the wrongful death of a loved one? If so, you should do it following the statutes of limitations time constraints for talcum powder products in your state to get sufficient compensation.
Hire an Attorney to Recover Compensation in Your Personal Injury Lawsuit or Wrongful Death Case
Did you receive a diagnosis for cancer or mesothelioma related to talcum powder? Are you concerned that the statute of limitations for talcum powder will prevent you from filing a personal injury or wrongful death lawsuit?
At Rosenfeld Injury Lawyers, LLC, we represent victims and talcum powder cancer cases in all states. Therefore, we understand the discovery rule that extends the statute of limitations for talcum Powder based on the start date.
Call our experienced attorneys at (888) 424-5757 (toll-free phone number) or use the contact form to schedule a free case review.
In addition, we accept all product liability cases through contingency fee agreements. This promise ensures you pay nothing until we recover damages on your behalf through a negotiated settlement or jury verdict.
All qualifying family members who lost a loved one from cancer or mesothelioma using talc powder products can file wrongful death claims seeking monetary recovery. All confidential or sensitive information you share will constitute an attorney-client relationship, ensuring your privacy.