Talcum Powder Lawsuit Lawyers
Did you or a loved one develop cancer after long-term use of talcum powder? If so, you might be entitled to significant compensation from the manufacturer. The talcum powder lawsuit lawyers from Hotze Runkle PLLC have the experience and resources to help you hold accountable those responsible for the suffering you had to endure.
Johnson & Johnson is facing thousands of lawsuits from plaintiffs claiming their talcum powder led to cancer and other illnesses. The U.S. Food and Drug Administration found asbestos in the company’s popular baby powder. Rather than disclosing the possible adverse effects, Johnson & Johnson, along with other companies, ignored the dangers of asbestos contamination and sold their product anyway.
At Hotze Runkle PLLC, we are highly experienced in cases involving exposure to toxic chemicals, and we will leverage our skills to build a strong case against the manufacturer and ensure they pay for their harmful actions. Call us today at (877) 919-0830 to learn about your case and your rights.
Why Is Talcum Powder Dangerous?
Talc is a naturally occurring mineral composed of magnesium, oxygen, and silicon. Talcum powder manufactured by Johnson & Johnson is ground-up talc. In powder form, it reduces friction and absorbs moisture. People who use talcum powder typically apply it to their bodies daily and use it long-term.
Before talc gets made into powder, it can contain asbestos. If it enters the body, it can cause cancer. Talcum powder products people use in their homes are supposed to have been free of asbestos since the 1970s. However, many products, including baby powder, still contain asbestos today. The asbestos particles become trapped in a person’s body, causing severe inflammation, which contributes to the growth of cancer cells.
Many women discovered the talcum powder they were using could be responsible for their ovarian cancer. Early research suggested talc particles would enter the body through the vaginal opening and into the ovaries. Years later, a Harvard University professor published a study that women using talc powder products near their genitals were three times more likely to develop ovarian cancer.
Another adverse effect of using talcum powder is mesothelioma. Mesothelioma can develop from asbestos entering the lungs while using the powder. The more often someone uses it, the more likely they’ll experience harmful effects because of their prolonged exposure.
Talcum Powder Manufacturers Failed to Warn Consumers About the Risk of Cancer
Johnson & Johnson and other manufacturers of talc products knew about the risks associated with using talcum powder containing asbestos. Instead of making warning labels, they hid this information and sold the product to unsuspecting consumers.
You can use the principle of failure to warn or negligence when you decide to file a product liability lawsuit. Negligence is when someone fails to use reasonable care to prevent an injury to someone else. To prove negligence, you must satisfy the following elements:
- Duty: The defendant owed you a duty of care;
- Breach: The defendant breached that duty;
- Cause in fact: The defendant’s actions were a direct cause of your injury;
- Proximate cause: The defendant should have foreseen the risks associated with their actions; and
- Damages: You suffered damages as a result of your injury.
If you base your case on the failure to warn argument, you would have to prove that the manufacturer didn’t adequately warn its consumers about the risks associated with its product. The three basic elements you must be able to prove in a failure to warn case are:
- The product contains a defect that makes it unreasonably dangerous;
- The defect existed at the time it left the manufacturer; and
- The defect caused the injury.
Whether you base your lawsuit on negligence or failure to warn, your talcum powder lawsuit lawyer from Hotze Runkle PLLC will help you gather sufficient evidence that proves your case. You’re entitled to seek justice and make sure the manufacturer pays the money they owe you for the trauma their product caused.
Compensation Hotze Runkle PLLC Can Help You Pursue
When you develop an illness because of a manufacturer’s product, you have the right to seek compensation for your damages. Damages are supposed to make an injured victim whole. They’re the combination of expenses and intangible losses.
There are three types of damages in a product liability lawsuit: economic, non-economic, and punitive. Economic damages are medical costs and loss of income, while non-economic damages are intangible losses, such as physical pain or emotional trauma. Punitive damages are a punishment issued against the defendant.
The economic and non-economic damages available in a lawsuit vary from state to state, but typically include:
- Medical bills, past and future
- Lost wages, past and future
- Emotional distress
- Pain and suffering
- Loss of companionship or consortium
- Permanent disability
When Hotze Runkle PLLC begins working on your case, we’ll review all the damages you incurred to determine how much money you deserve. Some cases are worth more than others, and the value will depend on multiple factors. Our goal is to maximize your case to win the highest financial award possible.
We know you’re in pain and suffered long enough. We want to ensure you get the justice you deserve and can afford to pay for your expenses. When you hire us, we’ll thoroughly investigate your diagnosis, medical records, and other evidence we’re able to obtain to present it in court. When the time comes, we will aggressively argue against the defense counsel to hold the defendant liable.
Individual Lawsuit vs. Mass Tort Lawsuit
There are some fundamental differences between filing an individual lawsuit and joining a mass tort lawsuit. When you choose to file an individual lawsuit, you move forward using the details about your situation and your situation only. All the responsibility falls on you and your legal team. You’re also the only person who pays legal fees and costs.
In a mass tort lawsuit, there’s a group of plaintiffs who have experienced the same harmful consequences of a defective product or catastrophic event. By filing as a group as part of a multidistrict litigation (MDL), related lawsuits across the country are joined together before one judge. The lawyers involved in the mass tort lawsuit can work together to build a robust case and fight for greater compensation.
Advantages of a mass tort lawsuit include:
- Enables mass tort lawyers to work together to share resources, information, arguments, and evidence to help strengthen their case.
- The verdict on your case may be expedited, since the cases are combined and there are a reduced number of lawsuits in the court system.
- Decreases the cost of litigation since lawyers across the nation can coordinate efforts.
- Defendants are most likely to settle due to a large number of plaintiffs involved.
Statute of Limitations in Product Liability Cases
If you want to file a lawsuit, you have to consider the statute of limitations. A statute of limitations is the deadline you must adhere to if you want to bring a civil action against another party. Statutes vary depending on which state you reside in but are typically between one and five years.
You have to start the lawsuit within the time limit from the date you first developed symptoms or received your cancer diagnosis. If the deadline passes, you probably won’t be able to seek compensation from the manufacturer for this particular situation. If you try to file suit, the judge will likely dismiss the case based on the expired statute.
Some states allow a statute of limitations toll, which means an extension to the deadline. The clock could stop for a specified period if the plaintiff did not know or didn’t have a reasonable basis for knowing about their injury or wasn’t aware that the defendant’s actions could have caused their injury.
Another reason for tolling a statute is known as fraudulent concealment. That occurs when a defendant is misleading or deceptive to prevent a plaintiff from recognizing their actions. For example, if the talcum powder manufacturer lies to its consumers or provides fake documents to hide the real side effects, that could be fraudulent concealment.
You can Trust the Talcum Powder Lawsuit Lawyers from Hotze Runkle PLLC
We will fight hard to recover the compensation you need to pay for your losses. We know you’ve been struggling ever since your cancer diagnosis. The medical bills are expensive, and you probably had to take time off from your job. Hotze Runkle PLLC doesn’t want to add any additional stress to your life, which is why we offer a free consultation to prospective clients. There’s no risk to meet with us to discuss your case.
Our talcum powder lawsuit lawyers care about our clients. We will represent you to the best of our ability and provide legal services you can trust. You can count on us to dedicate our time and attention to reaching a favorable outcome in your case so you can move forward with your life.
If you or a loved one developed cancer from talcum powder, call (877) 919-0830 or reach out to us online to find out how we can help you pursue compensation and get on the road to recovery.