Talcum powder is widely used in cosmetics and body powders to absorb moisture and help prevent rashes. Links have been explored between talcum powder and ovarian cancer, as well as between talcum powder and lung cancer. Some women apply talcum powder regularly in their genital areas, and some parents use talcum powder to keep their infant daughters dry. Many research studies show that if talcum particles travel through the vagina and to the ovaries, they can cause cancer. If you have been diagnosed with a serious illness that may have resulted from the use of talcum powder or a defective medical device, the product liability lawyers at Moll Law Group are available to represent you. Billions of dollars have been recovered in cases in which we were involved.Holding Manufacturers Accountable for Injuries Caused by Talcum Powder
Johnson & Johnson, the manufacturer of Johnson's Baby Powder and Shower to Shower, has been sued in several class actions and individual lawsuits for failing to adequately warn consumers of the increased risk of cancer associated with talcum powder. Some of the theories of recovery in these lawsuits include failure to warn, violations of unfair competition laws, negligence, civil conspiracy, and breach of warranty. Consumers, some of whom developed mesothelioma after using talcum-based products over decades, have also sued other manufacturers that use talcum powder in their products.
Johnson & Johnson has argued that government agencies had not identified talc as carcinogenic, so a jury could not find the product was dangerous or likely to be dangerous. In product liability lawsuits, compliance with governmental regulations is generally not conclusive on the issue of a company's negligence. Johnson & Johnson has also claimed that the scientific community's consensus is that there is no danger in using talc in genital areas. However, experts have testified otherwise, explaining that combined data from over 20 studies shows a 20-40% increased risk of ovarian cancer from using talcum powder in the genital area.
One of the strongest causes of action for plaintiffs who have developed cancer after the repetitive use of talcum powder is failure to warn. Studies showing that there is a link between cancer and talcum powder date back to 1971, and use on the genital area is a foreseeable use, yet the product did not have any warnings about ovarian cancer.
In most states, all parties in the chain of distribution may be held strictly liable for failure to warn if a consumer is injured for that reason. These parties may include a manufacturer, distributor, or retailer. Defendants cannot escape liability by arguing that they were unaware of a risk.
Manufacturers are required to stay knowledgeable about a product and its potential risks. Generally, if it is possible to discover a risk by employing reasonable research and investigation, a defendant will be held liable for failing to warn when it should have known about a risk. Once new information, such as new studies, is available, a manufacturer must warn consumers who have already bought the product about the risks.Discuss Your Product Liability Case with an Experienced Lawyer
If you have developed ovarian cancer in connection with your use of talcum powder, the product liability attorneys at Moll Law Group are available to represent you in pursuing compensation for your injuries. These may include medical bills, lost income, out-of-pocket expenses, pain and suffering, and mental anguish. We assert the rights of injured individuals throughout the U.S., including in states such as California, Georgia, New York, Pennsylvania, Ohio, Texas, and Massachusetts. Contact us at 312-462-1700 or online to set up a free consultation.