iOvarian cancer lawsuits filed against Johnson & Johnson are pending throughout the United States. The cases claim that women who regularly used talcum-based powders over the years developed cancer due to the regular usage. The two most widely used baby powders in the United States are Johnson’s Baby Powder and Shower to Shower.
Not surprisingly, the company denies that its product is dangerous or has caused any type of cancer in women. However, recent scientific studies show that asbestos particles in the product can cause ovarian cancer in women who regularly used the product.
Johnson & Johnson invented its baby powder product in 1892 after adding perfume to Italian talcum. It marketed the product for use along with sanitary napkins that mothers would use after childbirth. It became so popular that it was used in cosmetics and other sanitary products.
Baby powders have been used for more than a century to prevent and treat diaper rash in babies. Many women have used it on a daily basis over their lifetime in their genital area to reduce feminine odor. In fact, many women use the product as a regular part of daily bathing and hygiene. Of course, none were made aware it could cause ovarian cancer.
Talcum powder is an ingredient in baby powder products made by Johnson & Johnson. associated with ovarian cancer. The powder is made from talc, which is mined from multiple locations in the United States. It is made up of magnesium, silicon, and oxygen.
Talc is used in many daily consumer products, including paint, ceramics, flooring, caulking, and roofing. It has also been used in a number of cosmetic products, primarily those in powder forms. As a powder, it absorbs moisture and cuts down on friction, making it useful for keeping skin dry and helping to prevent rashes.
However, talcum powder is dangerous when used on a person’s body. In its natural form, some talc contains asbestos particles that can enter the human body. Asbestos is a known cancer-causing agent in humans. Scientific studies now link baby powder products to ovarian cancer.
The American Cancer Society lists talcum powder as a risk factor for ovarian cancer, the deadliest cancer of the female reproductive system. Many believe that up to 2,200 cases of ovarian cancer diagnosed each year may have been caused by regular use of baby powder. Research studies explain that when women use talc-based powders in their genital area, the powder can enter the body and irritate tissue in the fallopian tubes or ovaries.
Based upon this research, many women diagnosed with ovarian cancer and their families are suing Johnson & Johnson for compensation. A talcum powder lawsuit is a legal claim against a baby powder maker for causing ovarian cancer in a woman. The suits claim there is a link between the hygiene product and the deadly type of women’s cancer.
Lawsuits against Johnson & Johnson and other baby powder manufacturers allege two main theories of product liability. First, the cases allege the product is defective as sold and the manufacturer is liable for making and selling a dangerous product. Second, the cases allege that companies intentionally concealed known information about the link between the use of their product and female cancers. This is known as a “a failure to warn” claim.
A large number of talcum powder lawsuits have been filed as individual cases. This means that each plaintiff has her own case and claim for recoverable damages. Some cases have been filed as individual cases and others are filed as class action lawsuits. There have been several large jury verdicts for the plaintiffs and these may help push the company to pay settlements.
To qualify for a lawsuit and win compensation, the following criteria is typically required:
1. Use of talcum powder product, primarily a baby powder product of Johnson & Johnson.
2. A women must have had a diagnosis of ovarian cancer from 2000 to present. Biopsies are helpful in determine if the type of cancer is linked to baby powder.
3. Diagnosis of the cancer must be at age 22 or older and before age 65. The diagnosis must happen between ages 22 and 64 years of age.
Unfortunately, cases are not being filed for a woman who was tested and confirmed to have genetic mutations, like the BRCA gene, even if the woman used a talcum-based baby powder product. It is difficult to scientifically establish that the disease was caused by exposure to asbestos particles and not from genetics.
Through a lawsuit, victims are seeking compensation which could include:
- Physical pain and suffering for past, present, and future suffering by the victim
- Mental anguish and psychological harm.
- Loss of enjoyment of life, including normal daily activities, family functions, travel, and other harms resulting from the condition.
- Decreased life span or life expectancy resulting from the condition.
- Loss of consortium, or the loss of companionship of loved ones.
- Lost income and wages, including a loss of future earnings or earning capacity.
For cases involving the death of a loved one, the surviving families can seek compensation in a wrongful death lawsuit. These cases demand compensation for the pain and suffering of the loved one before death, as well as the loss of companionship by the family members due to the loss of the loved one.
Resources
http://www.cancer.gov/cancertopics/pdq/prevention/ovarian/Patient/page3#Keypoint9
http://www.cancer.org/cancer/ovariancancer/detailedguide/ovarian-cancer-risk-factors
