- Class Action Product Liability
- Talcum Powder Lawsuits
NYC Talc Powder Injury Attorney
In the last four decades, scientists and doctors have increasingly found that there is a link between the use of talcum powder products and ovarian cancer. If you are a woman who uses talcum powder for personal hygiene, it probably never occurred to you that it could increase your risk of ovarian cancer. Sadly, thousands of women learned this the hard way after receiving a shocking cancer diagnosis. Doctors believe this happens when a woman uses talcum powder near her genital area and it travels to her fallopian tubes, ovaries, and uterus.
Despite this shocking statistic and the many confirmed ovarian cancer cases, the manufacturing of talcum powder remains largely unregulated by the federal government. That means the companies making this toxic product do not place warning labels on bottles alerting women to the risk of ovarian cancer with regular use.
If you suspect that your use of talcum powder is directly related to a diagnosis of ovarian cancer, please contact an NYC talc powder injury attorney at the Jacob Fuchsberg Law Firm to learn more about filing an individual lawsuit or joining a class action lawsuit.
Talcum Powder Use
Talc is a naturally occurring mineral in the environment. Ground talc is the main ingredient in talcum powder found in hygiene and other products. Women commonly use products such as powder and shower gel in their genital area to keep it dry as well as eliminate friction, rashes, and odors. Traces of talcum powder can also show up on feminine hygiene products such as menstrual pads and tampons and on birth control products like condoms and diaphragms.
Every year, approximately 20,000 women learn that they have ovarian cancer. Of this number, about 10 percent can attribute the cause to the use of talcum powder and other products. Ovarian cancer can be difficult to detect and therefore doctors often diagnose it in the later stages. Unfortunately, this may be too later for some women with the disease to survive. If you believe that you have developed cancer from the use of a talc product, it is important that you consult with an experienced talc powder injury attorney right away.
The Case For Talcum Powder Cancer
Although talc is a naturally occurring mineral and a common cosmetic product ingredient, some forms of it can contain asbestos. This is a known carcinogen with a direct correlation to a type of cancer called mesothelioma. Talc-containing products with asbestos have been outlawed in this country since the 1970s. However, it is common for retailers to sell mass quantities of other products containing talc.
Starting in the late 1990s, medical researchers studied cases of women with ovarian cancer who had routinely used talcum powder on their genital area. The studies produced mixed results with some indicating the need for a serious warning on product packaging. It is worth noting that the American Cancer Society officially states that talcum powder is a possible substance that causes cancer from products found within the home.
Here are some other findings that warrant closer examination:
- In 1999, the International Journal of Cancer published a quote indicating that the organization feels there is a strong association between the use of talcum powder and epithelial ovarian cancer that should prompt greater health warnings.
- In 2008, Harvard researchers concluded that using talcum powder even once a week was too much due to the ovarian cancer risk. Published research urged women to discontinue use until additional research deemed the product safe.
- In 2010, a report released by the International Agency for Research on Cancer described talc as a potential carcinogen to humans.
- In 2013, a woman in South Dakota received the acknowledgment from a federal court that talc in the Johnson & Johnson baby powder product had increased the risk of her recently-diagnosed ovarian cancer. Unfortunately, it did not award her any financial compensation.
- In 2016, a jury in Missouri awarded an ovarian cancer victim $72 million dollars in compensation after declaring that Johnson & Johnson was guilty of conspiracy, fraud, and negligence for not warning women about the potential ovarian cancer risk associated with its products.
- In 2019, March came there was a verdict over its controversial talcum powder, conglomerate Johnson & Johnson. They were ordered to pay over than $29 million to a woman who claimed her terminal cancer was a direct cause of asbestos contained in the Johnson & Johnson product.
- In 2019, a state jury in New York ordered Johnson & Johnson to pay $300 million in punitive damages to Donna Olson, and her husband who claims its talcum powder caused her to develop mesothelioma.
Johnson & Johnson Verdict
In a recent case in Missouri state court, the jury ordered Johnson & Johnson to pay Gloria Ristesund, an ovarian cancer victim from South Dakota, $55 million dollars after she developed talcum powder cancer from one of the company’s products. Johnson & Johnson has now lost two consecutive court cases and faces an additional 1,200 lawsuits from women who state that the talc-containing products they used contained no warnings about ovarian cancer.
Carol Goodrich, a spokeswoman for Johnson & Johnson, disputed the verdict by claiming that it goes against research showing that talc has been safe as an ingredient in cosmetic products for more than 30 years. The company both denies the allegations an
Talcum Powder Lawsuit Statute Of Limitations
If you suspect that the use of talcum powder, shower gel, or other common hygiene products containing talc caused your ovarian cancer, you must initiate a claim within New York’s statute of limitations to be eligible for a talcum powder lawsuit settlement. You would have no legal recourse if you do not initiate action within three years from the date of a defined event. A defined event could include the date of manufacture of the product or its date of delivery, purchase, or sale.
The statute of limitations in New York is directed by the discovery rule. This means that the three-year clock begins ticking when a doctor makes a positive connection between your ovarian cancer diagnosis and your use of a talc-containing product. While this might seem straightforward, people have interpreted it a variety of ways. This is yet another reason why you need to work with a talc powder injury attorney as soon as possible after making the discovery of your ovarian cancer symptoms. Don’t wait, please call us soon to avoid missing the ovarian cancer talc statute of limitations.
Contact Us Regarding A Talcum Powder Lawsuit
As the cases above demonstrate, women whose ovarian cancer diagnosis is directly related to talcum powder use have started to obtain financial compensation for the terrible injustice they have suffered due to the greed of manufacturers. Some have chosen to join together to file a class-action lawsuit while others prefer the individual approach. Regardless of your preference, we are here to help.
Contact our New York law firm today to request a free consultation with an NYC talc powder injury attorney, call 212-869-3500.