Texas Talcum Powder Lawsuits
Women who used talc powder or other talc products and later acquired ovarian cancer or mesothelioma have their claims being reviewed by the Law Office of Joel A. Levine. According to some theories, talcum that gets stuck in a woman’s ovaries promotes the development of ovarian cancer cells. More alarming is the evidence that Johnson & Johnson was informed about peer-reviewed medical journal research 25 years ago that found genital talc to factor in 10% of ovarian cancer diagnoses annually.
Concerning the Talcum Powder Case
In 2003, an analysis of 16 of these research revealed that women who used talcum powder were 33 percent more likely to develop ovarian cancer. Since 1971, more than 20 studies have connected talcum (talc) powder to ovarian cancer.
Johnson & Johnson, the manufacturer of well-known talc-based goods, has been accused of knowing about the danger of ovarian cancer since at least 1982 but failing to inform women who used these products.
Additionally, recently discovered evidence by The New York Times revealed that Johnson & Johnson was aware of the potential connection between its talc products and asbestos. The paper claims that the business tried to prevent the public from learning about these damaging facts for decades.
Can Talcum Powder cause Cancer?
Researchers have investigated the potential connection between ovarian cancer and talcum powder for many years. When applied close to the genitalia, talc powder may enter the ovaries and become entrenched in ovarian tissue. Although talc is a naturally occurring mineral, the body finds it exceedingly challenging to eliminate the particles, which can lead to inflammation and the development of malignant tumors.
In 1971, research that raised the possibility that talc might cause ovarian cancer appeared in the medical journal The Lancet. The majority of ovarian cancers had talc particles “well lodged” in them, the study’s authors found. According to a study, the risk of developing ovarian cancer was then shown to be 92 percent higher in women who used talcum powder during ovulation in 1982. Twenty-one other studies on talc powder were conducted over the following three decades. Nearly all of them revealed an elevated risk of ovarian cancer in women who used these items close to their genitalia.
As of right now, talc use close to the genitalia is regarded as a “risk factor” for ovarian cancer by both the National Cancer Institute and the American Cancer Society. Despite this potential connection, Johnson & Johnson and other talc powder producers have not labeled their goods with warnings about this risk.
Update on September 28, 2022
Attorneys for the victims presented oral arguments before the Third Circuit Court of Appeals in Philadelphia, questioning the legality of J&J’s bankruptcy. Most of you know that J&J established LTL Management as a new corporate entity, transferred all of the talc obligations to it, and then LTL urged LTL to file for bankruptcy.
The 3rd Circuit will need to decide whether this was legal or whether the bankruptcy spin-off should be dismissed because it was filed in bad faith. The judges asked the J&J attorney several probing questions that produced difficult-to-accept responses. The court expressed worry that permitting this may lead to a flood of similar bankruptcy applications by financially sound businesses seeking to get rid of litigation liabilities.
What is talc?
Oxygen, silica, and magnesium make up the soft, naturally occurring mineral known as talc. Talc is mined, processed, and then utilized as a fine powder in numerous cosmetic items.
What are the uses of talc?
Numerous products contain talc, including talcum powder (baby powder), feminine hygiene items, cosmetics, lotions, and deodorant. Some women use talcum powder in their vaginal region since it is well known for its odor- and moisture-absorbing qualities. The mineral may also be ingested through a condom, menstruation pad, or diaphragm.
Why is talc bad for you?
Natural talc deposits are frequently discovered close to hazardous concentrations of the cancer-causing substance asbestos. Numerous cancers have been associated with asbestos, including ovarian cancer and the uncommon lung condition mesothelioma. Cancer can be brought on by asbestos, even in small doses, and is frequently discovered decades after a talc-containing product was used.
Although the federal government mandated that talc-based products be free of asbestos beginning in the 1970s, scientists have noted that compliance is challenging. Furthermore, there is proof that businesses sold talc items that tested positive for asbestos long after rules came into force. According to a recent Reuters article, Johnson & Johnson’s baby powder contained asbestos from 1971 until the early 2000s, endangering users for many years.
According to the International Journal of Gynecological Cancer, talcum powder use increases cancer risk in women by 30% to 60%. According to research, talc triggers persistent inflammation of the uterus, ovaries, and fallopian tubes while also possibly reducing antibodies that fight cancer.
A rare kind of lung cancer called mesothelioma has also been linked to talcum powder. Small airborne particles can irritate the lungs, lead to long-term inflammation, and eventually develop into malignant tumors when they get into the lungs.
Why do people bring legal claims?
Thousands of individuals diagnosed with ovarian cancer and mesothelioma have brought legal action against talc-using firms. In numerous recent cases against Johnson & Johnson, victims assert that using the company’s talc-based products regularly for years caused them to get cancer.
The prosecution lawyers’ assertions that Johnson & Johnson and other defendants were aware that their goods contained asbestos for more than 40 years is another significant part of the lawsuits. Internal J&J documents claim that the business kept this information from the public and refused to label its products with safety warnings or take them off the shelf.
How many court cases have been started?
More than 13,000 cases were still active against Johnson & Johnson as of March 2019. Additional talc product producers are the targets of ongoing lawsuits.
Have any judgments or settlements been reached?
Numerous ovarian cancer and mesothelioma cases against Johnson & Johnson, Colgate-Palmolive, and other manufacturers have resulted in settlements and judgments. In 2019, payments were increasing.
The most considerable judgment against J&J came in July 2018, when a jury in St. Louis awarded $4.6 billion to 22 people diagnosed with ovarian cancer after finding that the company’s baby powder was to blame for their use of cancer. Joanne Anderson received $25 million in May 2018 after a jury determined that her talcum powder usage contributed to her mesothelioma. Patricia Schmitz, diagnosed with terminal mesothelioma after using Johnson & Johnson and Colgate-talc Palmolive products, was awarded $10 million in June 2019.
These are only a few recent instances of judgments against businesses. Manufacturers of talc products have compensated victims hundreds of millions between 2016 and now.
How do businesses respond to legal actions?
Companies continue to assert that their products are safe, do not contain asbestos, and do not cause cancer despite numerous losing verdicts and settlements.
Who may bring legal action?
You might be qualified to bring a lawsuit on your own if you used talc-based goods and later developed mesothelioma or ovarian cancer, mainly if you used them consistently over a long period.
The likelihood that a talc-containing product contributed to your cancer increases with how frequently and long you use it. It is in your best interest to talk with a lawyer as soon as possible after receiving your diagnosis because the statutes of limitations for bringing a lawsuit differ from state to state.
How much may I recover in a talc lawsuit?
The type of case you file will determine what damages you can receive. For instance, numerous consumers are suing Johnson & Johnson in a class action lawsuit for damages relating to the product’s price. It’s crucial to realize that class actions do not pay for personal medical expenses.
On the other hand, if you bring a claim on your behalf, you might be entitled to remuneration for your suffering, medical bills, lost wages, and other costs. The final compensation amount will vary based on the specifics of your case, including the cost of your medical bills, the symptoms you suffered, and the amount of time you lost from work.
What services does a lawyer offer?
Your best interests will be taken into consideration thanks to a competent attorney. They will ensure that you stick to deadlines, explain your legal rights to you in detail, and provide you with reliable expert witnesses to support your case. Call us at 512-982-1510 right away.