talcum powder

If you or a loved one has used talcum powder products and are now facing serious health issues such as ovarian cancer or mesothelioma, you might be wondering about your legal options. In recent years, court cases have revealed that some manufacturers might have known about the health risks of using talcum powders but failed to warn the public. Taking legal action could be a way to get the justice and financial compensation you deserve for your suffering.

The law firm of Gregg M. Goldfarb, LLP is here to guide you through this challenging period. We work with top-tier law firms with extensive talcum powder litigation experience. Don’t hesitate to get in touch with us to start the process of holding these negligent companies accountable. Contact us now to discuss your situation in a free initial consultation session with a talcum powder lawsuit lawyer.

What Are the Potential Health Risks Associated with Talcum Powder Use?

Talcum powder is a household product that has been widely used for personal hygiene and cosmetic purposes for decades. However, there has been growing concern and litigation surrounding the health risks associated with its use.

One of the most alarming risks is the potential link between talcum powder and ovarian cancer. Several studies have suggested that talcum powder use in the genital area increases the risk of ovarian cancer.

Another concern is the potential for talc to be contaminated with asbestos, a known carcinogen. Talc and asbestos are naturally occurring minerals often found close together. While manufacturers assert that the talcum products they sell are safe, recent studies suggest commercial talc products are not and have never been entirely asbestos-free.

Additionally, inhalation of talcum powder alone can cause respiratory issues. When the powder becomes airborne, it is easily inhaled. Talc inhalation can lead to lung irritation, respiratory distress, and even chronic lung disease or conditions like talcosis in severe cases.

The presence of these potential health risks has led to ongoing lawsuits and increasing calls for clearer warnings on talcum powder products.

Which Talcum Powder Products Have Been Subject to Lawsuits?

Johnson & Johnson, a pharmaceutical giant, has faced numerous lawsuits related to its talc-based products, most notably its baby powder and Shower to Shower products. Johnson & Johnson has long dominated the talc product market, making it a frequent target for litigation. This includes thousands of lawsuits alleging that its talc-based products contributed to ovarian cancer among plaintiffs (the individuals who filed the lawsuits).

Other talcum powder products that have been subject to lawsuits in the U.S. include the following:

  • Cashmere Bouquet Powder by Colgate-Palmolive: In 2019, an Alameda County Superior Court in California determined that Colgate’s Cashmere Bouquet talcum powder likely contained asbestos that contributed to a plaintiff’s terminal mesothelioma. The jury found that Colgate-Palmolive and Johnson & Johnson were negligent for failing to warn consumers about the presence of asbestos. The court awarded the plaintiff $12 million in compensation.
  • Gold Bond Body Powders and Powder Sprays: In April 2018, Gold Bond’s talcum products, manufactured by Chattem Inc., a Sanofi company, became part of ongoing legal actions against various talc product manufacturers. Most of these lawsuits primarily targeted Johnson & Johnson but also included Gold Bond due to concerns over its products’ ovarian cancer risks.
  • Vanderbilt Minerals Raw Industrial Talc Powders: In March 2023, a Connecticut jury awarded $20 million to the family of John Peckham, who died of mesothelioma after exposure to asbestos-contaminated talc in an industrial window glaze. Vanderbilt Minerals, which supplied the talc, and DAP, Inc., which produced the glaze, were each found 50 percent liable. The Peckhams claimed both companies knew of the asbestos risks but failed to warn the public.
  • Whittaker, Clark & Daniels Cosmetic Talc Powders: In another 2023 case, a South Carolina jury ordered Whittaker, Clark & Daniels to pay $29.14 million to a plaintiff who developed mesothelioma. The plaintiff alleged she had been using the company’s asbestos-contaminated talc products since her early childhood.

What Types of Compensation Can Be Sought in Talcum Powder Lawsuits?

If you file a successful talcum powder lawsuit, you could be entitled to compensation for the following:

  • Past and future medical expenses for your talc-related condition
  • Incidental expenses, such as travel costs for medical appointments
  • Lost income and lost earning potential resulting from your condition
  • Subjective losses like pain, suffering, and diminished quality of life

What Evidence Is Needed to Support a Talcum Powder Lawsuit?

In a talcum powder lawsuit, you must present compelling evidence and criteria to establish both your exposure to talcum powder and the subsequent health issues you experienced as a result. Your lawyer can help you identify and collect useful evidence to that effect, such as:

  • Medical records and pathology reports
  • Receipts for talcum powder product purchases
  • Product packaging or labels
  • Testimonies from family and friends
  • Workplace records (if the exposure occurred at work)
  • Expert testimonies from oncologists or pathologists
  • Statements from pharmacists or retailers
  • Communications, advertisements, or warnings from the manufacturer
  • Internal company documents and policies
  • Records of correspondence with or complaints to the manufacturer

Are There Any Ongoing Class-Action Lawsuits Related to Talcum Powder?

Yes. There are tens of thousands of ongoing lawsuits alleging that Johnson & Johnson’s baby powder and other talc products caused cancer. But as of April 20, 2023, U.S. Bankruptcy Judge Michael Kaplan temporarily halted most of these lawsuits.

This decision granted J&J’s request to pause cases while it seeks a permanent settlement with current plaintiffs. The company’s proposed settlement amounts to $8.9 billion, though some lawyers representing talc claimants dispute this figure.

The halt affects roughly 38,000 talc lawsuits consolidated in a federal district court in New Jersey. Other cases are permitted to continue so long as no trials start. More importantly, plaintiffs can still file new lawsuits against Johnson & Johnson.

J&J has tried to manage these lawsuits through complex legal strategies, including by creating a subsidiary, LTL Management, and offloading talc lawsuits onto it. LTL Management has since declared bankruptcy twice. Some plaintiffs have called out these moves as attempts to sidestep responsibility.

What Is the Process for Filing a Talcum Powder Lawsuit?

Initiating a talcum powder lawsuit starts with consulting an experienced attorney who can guide you through the following steps:

  • Evaluating Your Case – Your lawyer will help you decide whether you have a case and whether to pursue it as an individual talcum powder lawsuit or as part of a class action.
  • Drafting a Complaint – If pursuing an individual lawsuit, your attorney will draft a formal legal complaint outlining your allegations against the liable company.
  • Class Action or Mass Tort – If your case is part of a larger litigation effort, your attorney will guide you through the process of joining an existing talc class action or mass tort.
  • Discovery – In both individual and group lawsuits, the discovery phase allows both parties to gather evidence through depositions and document requests.
  • Pre-Trial Motions – Your attorney might file motions to resolve legal or factual issues before trial.
  • Settlement Negotiations – Both individual and group lawsuits often entertain settlement discussions to avoid the time, cost, and unpredictability of a trial.
  • Trial – If no settlement is reached, the case will go to trial, where a judge or jury will decide.
  • Appeals – Regardless of the case type, either party may appeal the court’s decision after a trial.

How Long Do You Have to File a Talcum Powder Lawsuit?

The time limit, also called the statute of limitations, to file a talcum powder lawsuit varies by state. In many states, the deadline for personal injury lawsuits ranges from one to six years from the date you discovered or reasonably should have discovered the injury. In cases involving wrongful death due to talcum powder exposure, the time limit usually starts from the date of the individual’s death. Missing this deadline could permanently bar you from taking legal action.

How Long Does a Talcum Powder Lawsuit Typically Take to Resolve?

The duration of a talcum powder lawsuit can vary widely depending on several factors, such as the complexity of the case, the number of plaintiffs involved, and the court’s schedule. Individual lawsuits could take anywhere from several months to a few years to resolve, particularly if they go to trial. Class-action lawsuits or multidistrict litigations involving many plaintiffs take even longer.

There are post-trial appeals in some cases, which can add years to the process. Settlement negotiations can also extend or shorten case timelines.

How Can an Attorney Help with a Talcum Powder Claim?

A lawyer can provide indispensable assistance by:

  • Conducting an initial case evaluation
  • Gathering relevant medical records
  • Calculating and advocating for appropriate financial compensation
  • Advising you on whether to pursue an individual lawsuit or join a class action
  • Drafting and filing your initial legal complaint
  • Working with reliable experts to obtain professional testimony
  • Obtaining internal company documents through discovery
  • Handling communications with the opposing party
  • Negotiating settlement agreements
  • Representing you in court proceedings
  • Filing pre-trial motions to strengthen your case
  • Reviewing and advising on any proposed settlement offers
  • Filing appeals if necessary
  • Keeping you informed about case progress and developments

Contact a Talcum Powder Lawsuit Attorney Today

Your health and well-being should not suffer because of companies that put profits over safety. If you were harmed by past exposure to talcum powder, it’s time to make your voice heard. Take the first step by contacting Gregg M. Goldfarb, LLP today for your free case review with a talcum powder lawsuit attorney. Hablamos español.