How Long Does It Take To Settle a Talcum Powder Lawsuit

Factors That Can Affect the Length of a Talcum Powder Lawsuit

Every lawsuit is unique and progresses differently. Many factors can affect how long it takes to settle a talcum powder lawsuit, including:

The Strength of the Case

You may be eligible for a talcum powder lawsuit if you:

• Regularly used talcum powder products for at least three years
• Developed ovarian cancer, fallopian tube cancer, or peritoneal cancer
• Did not have a history of these types of cancer before you began using talc

The stronger the evidence you and your legal team can compile showing that your illness resulted from prolonged use of a talc product, the quicker your case may settle. If the liable party realizes you have a robust claim likely to win in court, they will usually be more willing to offer payment and resolve the issue.

Whether the Case Goes to Trial

Some talcum powder lawsuits have gone to trial, while others have ended in pre-trial settlements. While negotiating a settlement can take time, it usually takes less time than presenting a case before a judge or jury.

After settling, it can still take several months for ovarian cancer claimants to receive payment.

Court Schedules

If your case goes to trial, you will be at the whim of the court’s docket. You must also contend with other parties’ schedules, deadlines, and legal maneuvers that may prolong the case.

The Statute of Limitations Where You Live

There is a time limit for how long you have to file a talcum powder lawsuit. The statute of limitations for product liability varies from state to state. Depending on where you live, you could have anywhere from two to six years. A talcum powder lawsuit lawyer can tell you more.

Joining a Mass Tort May Speed Up Your Talcum Powder Lawsuit

You can pursue an individual talcum powder lawsuit, but many claimants choose to join a mass tort legal action. Joining other similarly harmed plaintiffs to take on the same defendant in a class action lawsuit or multidistrict litigation (MDL) allows the court to streamline the legal process, which can expedite the case.

A mass tort can also benefit plaintiffs by lessening their individual costs and legal burden.

Stages of a Talcum Powder Lawsuit

Each case is unique. However, in general, the stages of a mass tort lawsuit are as follows:

1. Reviewing records. A talcum powder lawsuit lawyer will review your claim for compensation and determine if you have grounds for a product liability lawsuit.
2. Determining uniformity. A mass tort lawyer will determine if your case and other plaintiffs’ claims constitute similar harm and qualify for a class action lawsuit or MDL.
3. Filing suit. Your legal representative will consolidate the cases into a mass tort and file the lawsuit.
4. Bellwether trials. The courts will try a handful of cases to determine if the mass tort has merit. Usually, lawyers select the most serious claims to bring before the court, such as those involving catastrophic harm or wrongful death. The outcome of the bellwether trials sets the stage for the rest of the cases.
5. Settlement or resolution. The defendant will usually settle the remaining claims if the bellwether trials favor the plaintiffs.
6. Trial. If cases do not settle or the defendant’s offer is unfair, parties can proceed with a trial. Trails involve a discovery phase, pre-trial motions, and case presentation before a judge or jury.

A History of Talcum Powder Litigation

Talcum powder litigation started in 2009 with the first talcum powder cancer lawsuit brought against Johnson & Johnson by a woman with ovarian cancer. In 2016, J&J lost its first case, and the court ordered it to pay a $72 million verdict.

The legal battles have continued. In May 2024, Reuters reported that Johnson & Johnson announced a proposed $6.48 billion settlement to resolve tens of thousands of claims.

In addition to Johnson’s Baby Powder, other talc products, including Gold Bond powders, Shower to Shower, and Old Spice Powder, have been named in pending suits. Talcum powder brands, manufacturers, distributors, and retailers who are facing or who have faced litigation include:

• Johnson & Johnson
• Vanderbilt Minerals
• Whittaker, Clark & Daniels
• Imerys Talc North America
• Colgate-Palmolive
• Target
• CVS
• Walmart
• Walgreens

Damages You Can Recover in a Talcum Powder Settlement

Talcum powder lawsuit settlements can include personal injury compensation for economic and non-economic damages, including:

• Current and future medical bills
• Lost wages, earnings, and employment benefits
• Lost future income and reduced earning capacity
• Physical pain and suffering
• Mental anguish
• Emotional distress
• Scarring, disfigurement, and permanent and disabling injuries
• Reduced quality of life
• Wrongful death of a loved one

In baby powder lawsuits involving gross or intentional misconduct, the court can order defendants to pay punitive damages. These awards go to victims but are intended to punish wrongdoers and deter future bad behavior.

How Can Working With a Talcum Powder Lawsuit Lawyer Help?

A talcum powder lawyer with our firm can help build a solid case and apply legal pressure, which could lead to a quicker case resolution. Our team can:

• Review your claim
• Help you join a mass tort talcum powder cancer lawsuit
• Gather evidence to support your claim
• Identify and calculate your damages
• Handle case-related phone calls, emails, and meetings
• Manage paperwork and deadlines
• Fight for the compensation you need
• Represent you at trial if necessary