Is There a Statute of Limitations to File a Talcum Powder Lawsuit?

Talcum Powder Lawsuit Statutes of Limitations

You may be eligible for a talcum powder lawsuit if:

• You regularly used baby powder or another talc product for three years or longer, AND
• You received a diagnosis of fallopian tube, peritoneal, or ovarian cancer, AND
• You were not diagnosed with ovarian, peritoneal, or fallopian tube cancer prior to using talc-based products.

You may be able to join in a class action lawsuit or multidistrict litigation (MDL) with other defendants similarly harmed by talcum powder. However, you must act before the statute of limitations for product liability expires.

How long you have will depend on the laws in your state. In most states, plaintiffs have two years to file a talcum powder lawsuit, though some states allow as long as four or six years. The clock usually starts when injuries occur or are reasonably expected to be discovered. An attorney can explain the laws in your area.

How Long Does It Take to Settle a Talcum Powder Lawsuit?

Settling a talcum powder lawsuit could take around one year to several years. Every claim is unique, and several factors can affect the length of your case in addition to the statute of limitations, including:

• The strength of your case
• Whether the defendant offers fair compensation
• Whether the defendant decides to “play hardball”
• Any deadlines in the case
• Whether the case goes to trial or ends with a pre-trial settlement
• The court’s docket
• Involved parties’ schedules and court motions

One way to potentially expedite your case is to join ongoing mass tort litigation. Your talcum powder attorney will help you determine whether you should join the ongoing talcum powder multidistrict litigation (MDL) or file an individual lawsuit.

What Damages Are Available to Baby Powder Injury Victims?

A baby powder lawsuit settlement may include compensation for the following:

• Medical bills. You can pursue your current and future medical expenses, including the cost of diagnostic testing, chemotherapy, radiation, prescription medications, medical devices and equipment, surgeries, hospital and doctor fees, rehabilitation, physical therapy, and nursing services.
• Lost income. You can seek wages, earnings, and employment benefits lost due to your ovarian cancer. You can also seek compensation for lost future income and lost earning capacity.
• Pain and suffering. Pain and suffering damages compensation for intangible losses, including severe and chronic pain, disfigurement, scarring, permanent and disabling injuries, emotional distress, mental anguish, and diminished quality of life.
• Wrongful death. If your loved one died from ovarian cancer caused by talc, you may qualify for wrongful death compensation. Recoverable wrongful death damages and who can file suit vary by state. An attorney can tell you more.
• Punitive damages. Punitive damages go to plaintiffs, but their purpose is to punish defendants and deter future wrongdoing. The courts may order punitive damages in cases involving gross or intentional misconduct.

Who Is Financially Responsible?

Financial responsibility for your talcum powder cancer lawsuit damages will rest with a brand, manufacturer, distributor, or retailer of talc products. The following products have been named in suits:

• Johnson & Johnson Baby Powder
• Gold Bond Body Powder
• Gold Bond Extra Strength Body Powder
• Gold Bond No Mess Powder Spray
• Shower to Shower
• Old Spice Powder

Entities facing litigation include:

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

Talcum Powder and Links to Cancer

Talcum powder is made of talc, a naturally occurring mineral that can contain asbestos deposits. Asbestos is a known carcinogen. According to the American Cancer Society, studies have linked asbestos-tainted talc to ovarian cancer, mesothelioma, pleural mesothelioma, endometrial (uterine) cancer, stomach cancer, and lung cancer.

However, talc not containing asbestos can also pose a danger. The International Agency for Research on Cancer (IARC) classified asbestos-free talc as “probably carcinogenic to humans” in 2024.

Reuters reports that tens of thousands of lawsuits alleging talcum powder causes cancer are pending. In Spring 2024, Johnson & Johnson announced a proposed $6.48 settlement to resolve outstanding ovarian cancer claims.

These examples are only a few of the legal battles J&J and other entities have faced over talc. If you believe you have cancer caused by talc-based baby powder or another talc product, you should explore your legal options before it is too late to take action.

Benefits of Working With a Talcum Powder Lawsuit Attorney

Mass tort litigation is complex and requires you to go up against wealthy and powerful defendants. Working with a talcum powder lawsuit lawyer can give you a legal ally who will fight for your rights.

An attorney can also do the work needed to build a solid case and pursue fair compensation within the statute of limitations to file a talcum powder lawsuit. A product liability lawyer can:

• Review your claim and determine if you qualify for a talcum powder lawsuit
• Help you join a multidistrict litigation lawsuit
• Gather evidence, including medical records and medical and scientific research, and use it to prove talc caused your cancer
• Identify and calculate your losses
• Handle case details, including communications, paperwork, deadlines, and “red tape”
• Represent your best interests, protect you from pressure to accept a lowball offer, and defend you from bad-faith tactics
• Negotiate the compensation you need
• Represent you at trial if necessary