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Long-term use of talcum powder has been linked to the development of ovarian cancer. If you received an ovarian, fallopian tube, and peritoneal cancer diagnosis after using talc-based products, a talcum powder lawsuit lawyer can help you hold the manufacturer liable for your losses. The Goldwater Law Firm can help.
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What Can a Talcum Powder Lawsuit Lawyer Do for Me?
Taking on a major corporation like Johnson & Johnson on your own is like David facing Goliath, but typically without the underdog overcoming the odds. This is especially true if you’re receiving cancer treatment or caring for a loved one with cancer.
When you work with a talc lawsuit attorney, you focus only on your recovery. Our law firm partners handle the rest. A talcum powder lawsuit attorney will:
- Gather evidence to prove you meet the criteria for a lawsuit
- Work with expert witnesses to establish how talcum powder usage caused your ovarian cancer and the effect your cancer will have on your life
- Determine what damages you may be able to recover
- Determine your best options for recovering compensation, whether that is joining ongoing litigation or filing an individual lawsuit
- Negotiate for a fair settlement that covers your losses
- Manage deadlines to protect your right to sue
- Represent you at trial, if necessary
See what else our law firm partners can do for you during a consultation.
What Can I Recover in a Talcum Powder Settlement or Award?
Your damages will depend on the specifics of your case. However, damages in a talcum powder case often include:
- Medical expenses: This could include copays, treatment costs, hospitalization, and prescription medications.
- Lost wages: Many people receiving treatment for ovarian cancer are unable to work or must do so at a reduced capacity. Our co-counsel can fight for the wages you lost during your recovery.
- Lost earning capacity: The effects of ovarian cancer can be debilitating, even after treatment. If you need to move to part-time, get a job that pays you less, or retire completely, the manufacturer should compensate you for that.
- Miscellaneous expenses: Many people don’t realize that almost every expense related to your case can be recoverable. For example, if you need to travel for treatment, those costs can be compensable.
- Non-economic damages: Ovarian, fallopian tube, and peritoneal cancers can lead to considerable pain and suffering. You may be unable to do the things you did before your diagnosis due to pain or fatigue. It also comes with its share of inconveniences. Our law firm partners can fight for pain and suffering and inconvenience, mental anguish, lost enjoyment of life, and loss of consortium.
If you lost a loved one due to ovarian cancer, peritoneal cancer, or fallopian cancer, please accept our sincere condolences. An attorney can help you fight for compensation for:
- Medical bills
- Lost wages
- Lost financial support
- Lost services around the house
- Funeral and burial expenses
- Pain and suffering
- Loss of consortium
- Lost guidance and support
- Lost love and affection
Have Manufacturers Paid Any Settlements in Cancer Cases?
Yes. Several manufacturers and retailers have offered settlements or been ordered to pay awards totaling several billions of dollars. Some notable settlements and awards include:
- In May 2024, Johnson & Johnson offered a $6.48 billion settlement to resolve tens of thousands of cancer cases. If plaintiffs approve the settlement, they agree to let J&J’s subsidiary, LTL Management, declare bankruptcy.
- $700 million settlement between Johnson & Johnson and 43 states and the District of Columbia.
- A $2.12 billion award for 22 women who developed ovarian cancer after using talc.
Talcum Powder Lawsuit Updates
Updates for the ongoing talcum powder litigation can be found here.
July 11, 2024
Claimants have until July 26, 2024, to vote on the $6.48 billion settlement. If the settlement receives a supermajority vote (75%), it will proceed, and J&J’s subsidiary, LTL Management, will declare bankruptcy. The settlement will resolve 99% of existing lawsuits. Per J&J’s worldwide VP of litigation, the manufacturer will address other claims separately.
July 1, 2024
A federal judge ruled that plaintiffs cannot block J&J’s settlement proposal. U.S. District Judge Michael Shipp rejected the bid, stating that the harm the plaintiffs could experience is “strictly hypothetical” and that he does not have jurisdiction to settle disputes over “events that have not, and may never, occur.”
June 17, 2024
Plaintiffs filed a class action suit against J&J for damages and medical monitoring for cancer.
June 12, 2024
J&J proposed a $700 million settlement to settle litigation with 43 states and the District of Columbia. The group of states and D.C. sued Johnson & Johnson for its marketing of talc products as safe while allegedly knowing the dangers for decades.
May 1, 2024
J&J offered a $6.48 billion settlement to resolve 99% of existing cancer and mesothelioma claims. J&J’s worldwide vice president of litigation stated that the manufacturer will “continue to address the claims of those who do not want to participate in our contemplated consensual bankruptcy resolution through litigation or settlement.”
April 18, 2024
A jury in Sarasota ruled that J&J’s talc-based baby powder did not lead to a Sarasota woman’s ovarian cancer diagnosis and death.
March 31, 2023
The 3rd U.S. Circuit Court of Appeals in Philadelphia ruled that J&J subsidiary LTL Management cannot delay the bankruptcy ruling while it waits for the Supreme Court to decide on its bankruptcy filing. If the court had granted a stay, this would have further delayed the tens of thousands of lawsuits in the pipeline.
Once the court has dismissed the bankruptcy filing, the cases will continue.
November 2020
J&J appealed the St. Louis jury’s verdict that ordered it to pay $4.69 billion to 22 plaintiffs. A state appeals court upheld the decision. J&J appealed the decision to the Missouri Supreme Court, which upheld the decision but rejected some of the plaintiffs’ claims and reduced the award to $2.12 billion.
July 2018
A St. Louis jury found J&J liable for the plaintiffs’ ovarian cancer and ordered it to pay $4.69 billion to 22 plaintiffs who alleged that the manufacturer’s talc-based products caused their ovarian cancer.
Can I Afford a Talcum Powder Lawsuit Attorney?
Yes. We know how expensive it can be to treat an illness, especially ovarian cancer. This is especially true if you are unable to work. You don’t need more expenses. Our law firm partners handle cases with no upfront fees. You only pay if and when they recover compensation for you.
There’s no risk when you work with our co-counsel. They handle every aspect of your case while you focus on your recovery.
How Can I Qualify for the Talcum Powder Lawsuit?
You may qualify for a talcum powder lawsuit if you:
- Used Johnson & Johnson or Shower to Shower talcum powder for at least three consecutive years continuously in the genital area
- Were diagnosed with ovarian cancer, peritoneal cancer, or fallopian tube cancer
- Do not have a history of ovarian, peritoneal cancer, or fallopian tube cancer before your talc use.
Determining whether you qualify can take time and effort. Our co-counsel can help.
Johnson & Johnson Lied to Consumers for Decades About the Potential Risks Associated with Talc Use
Johnson & Johnson lied to women using its products for over 40 years. A link between talc-containing asbestos and cancer was suggested in the 1960s. A 1982 study also found a potential link between talc exposure and ovarian cancer.
According to internal documents Reuters examined in 2018, Johnson & Johnson knew for sure by at least 1975 that its baby powder contained asbestos, a cancer-causing substance.
It hid the results from the Food and Drug Administration (FDA). The manufacturer did not report that at least three different tests from three different labs over three years found asbestos in its talc-based products, despite one of those results being “rather high” levels of asbestos.
Johnson & Johnson Has Attempted to Avoid Financial Liability By Filing for Bankruptcy Several Times
In an effort to avoid paying out in tens of thousands of ovarian cancer and mesothelioma cases, Johnson & Johnson used what’s known as the “Texas Two-Step” in February 2022. This legal maneuver involves creating a subsidiary (LTL Management, in this case), moving all lawsuits to that entity, and then declaring bankruptcy shortly after.
It didn’t work. The judge overseeing this case denied J&J’s bankruptcy bid, stating that the company was not in “financial distress.” It filed for bankruptcy again, receiving the same result in June 2023. However, the judge did not prohibit J&J from trying again, which it did. J&J filed for bankruptcy a third time in 2024.
In this case, Johnson & Johnson offered a $6.48 billion settlement with one caveat—this deal would allow J&J’s subsidiary to declare bankruptcy. If 75% of claimants vote in favor of this deal, LTL Management will declare bankruptcy and settle 99% of the talc lawsuits.
Symptoms of Talc-Based Cancers
You may experience any of the following with ovarian cancer:
- Abnormal vaginal discharge or postmenopausal bleeding
- Constipation
- Changes in bowel movements
- Increased need to urinate
- Bloating or abdominal swelling
- Abdominal pain
- Feeling full very quickly while eating
- Pelvic pain or discomfort
- Fatigue
- Back pain
- Unexplained weight loss
Symptoms of fallopian tube cancer may include:
- A pelvic mass
- Pelvic pain
- Abdominal pain
- Abdominal swelling or bloating
- Abnormal periods
- Postmenopausal bleeding
- Nausea
- Loss of appetite
- Feeling very full soon after beginning a meal
- Bloody or watery vaginal discharge
- More frequent urination
- Bowel movement changes
Symptoms of peritoneal cancer include:
- Fatigue
- More frequent urination
- Abdominal swelling
- Abnormal vaginal bleeding
- Abdominal discomfort
- Changes in bowel movements (e.g., constipation)
- Feeling full very soon quickly during a meal
- Unintended weight loss
- Nausea and vomiting
- Shortness of breath
Many of these involve considerable pain and discomfort, making it impossible to work or even enjoy life as you once did. If you developed cancer after using talcum powder or another product containing talc, the manufacturer should compensate you for your losses.
Frequently Asked Questions
Talc is a naturally occurring mineral found in the earth. It contains hydrogen, magnesium, oxygen, and silicon. Manufacturers use it in their products because it can absorb moisture, improve a product’s feel, prevent caking, and increase makeup’s opacity.
Talc and asbestos may be found near each other in nature, which is why talc often contains asbestos.
Talc is an ingredient in many products we use daily (and some that we eat), such as:
- Blush
- Eyeshadow
- Baby powder
- Talcum powder
- Pressed powder
- Liquid makeup, such as foundation
- Children’s makeup
- Chewing gum
- Rice
It is also used during the pill manufacturing process. Most people are exposed to talc in several different ways throughout the day.
The side effects associated with talcum powder depend on how you ingest it. If you breathe in talcum powder, you can suffer serious lung problems that can be fatal. Workers who regularly breathe in talcum powder can develop lung cancer or suffer lung damage.
It can also affect your nervous system, eyes, skin, throat, and stomach.
Prolonged use of talcum powder can also cause ovarian cancer, peritoneal cancer, fallopian tube cancer, and mesothelioma.
The International Agency for Research on Cancer (IARC) placed asbestos-free talc in the 2A classification in July 2024. This is the “second highest level of certainty that a substance can cause cancer.” The 2A classification means that talc is “probably carcinogenic to humans.”
Talc-containing asbestos has been linked to cancer for decades. While Johnson & Johnson claims its talc is now asbestos-free, that does not change the fact that it knowingly endangered consumers for decades.
Get Help from a Talcum Powder Lawsuit Attorney Today
Talc manufacturers should pay for the harm they cause. We want to help make that happen. The Goldwater Law Firm is the Gold Standard of Injury Law. We didn’t get that moniker by standing by and allowing major corporations to harm and take advantage of people.
We can connect you with one of our law firm partners in your area. We know this partner will fight to get you and your family the compensation you need. Get help today with no upfront costs.