Talcum powder has been always used as a cosmetic product with many purposes among which we can list absorbing moisture, reducing fiction, skin fresher, and baby care. However, during the last few years, the talcum powder lawsuit has been placed under the spotlight after many people had claimed that the use of talcum powder was the main reason causing cancer.
As a consequence, many plaintiffs have filed a talcum powder lawsuit against manufacturers, particularly Johnson and Johnson, claiming that the use of the product led to serious health issues.
Who can file a talcum powder lawsuit?
Although the specific claims in these lawsuits can vary, there are some criteria to determine who qualifies for the talcum powder lawsuit. Plaintiffs who were diagnosed with the following diseases may qualify for a lawsuit:
Mesothelioma: This type of cancer is a rare and aggressive cancer that affects the lining of the lungs, abdomen, or other internal organs.
Fallopian tube cancer: It is a rare type of gynecological cancer that originates in the fallopian tubes, which are part of the female reproductive system. This type of cancer is difficult to diagnose since its symptoms are often non-specific and may include abdominal pain, pelvic pain, bloating, and abnormal vaginal bleeding, which can be similar to those of other gynecological conditions.
Primary peritoneal cancer: This type of cancer, which is also a rare one, develops in the peritoneum, a thin, serous membrane that lines the abdominal cavity and covers organs within the abdomen, such as the stomach, liver, and ovaries. This cancer is similar to ovarian cancer in many ways and is often treated in a similar way.
Epithelial Ovarian Cancer: Also known as ovarian cancer, it originates in the epithelial cells that line the surface of the ovaries and is a serious and potentially life-threatening disease.
Apart from the cancer diagnosis, there are some other talcum powder lawsuit criteria to be taken into consideration. One of the most important points to take into account is time, but this variable also depends on the statute of limitations in each state. That is to say, plaintiffs have a certain period of time to file a claim, which, in most of the cases, is two years. The starting date is the one of the cancer diagnosis, or the day the connections between cancer and the use of the product were discovered.
It is important to highlight that although there are all these general criteria, there are some other factors to be taken into account that may vary in each particular case. Among these factors, plaintiffs and attorneys have to evaluate:
*Age: The age at which the disease developed and was discovered.
*Financial damages: Not only the fact of paying for expensive treatment but also the loss of employment because of the health issues.
*Emotional damages: Clinical depression and hopelessness are considered serious and relevant emotional damages.
*The state: Each state faces the lawsuit in a different way, under its own regulations.
Those relatives, such as husbands who have lost their wives, can also file a talcum powder lawsuit under the title loss of consortium.
How long does it take to complete the lawsuit process?
Although some of the lawsuits took some months, there were some other cases that took years. It is important to consider that this is a long and complex process.
One of the longest parts of the process is the gathering of evidence. The plaintiffs have to get:
- Proof that they have used the product for a long period of time,
- A complete diagnosis that connects the disease with the use of talcum,
- Evidence that they were diagnosed after the year 2000 and that their ages were between 22 and 65 when the diagnosis took place,
- Last but not least, the right documentation in order to demonstrate the emotional and financial damages after being diagnosed with cancer.
As in any legal process, it is always advisable to look for legal help. The right professional assistance can help plaintiffs to negotiate and collect the right and necessary evidence. Attorneys will protect their clients’ interests and if a settlement is not finally reached, they can represent plaintiffs in court, presenting their case, cross-examining witnesses, and arguing on their behalf in order to guarantee a favorable verdict. An attorney can always guide you through the legal process, protect your rights, and work to secure compensation for the harm you’ve suffered.
