Talcum Powder Cancer Lawsuit

A product liability lawsuit may be brought when a defective product causes injuries or illnesses. Actionable defects include design defects, manufacturing defects, and marketing defects, which are also known as failures to warn. Most talcum powder lawsuits are brought on the basis that a manufacturer such as Johnson & Johnson knew that studies linked the development of ovarian cancer with the use of talcum baby powder but failed to properly warn consumers. Scientists first started discussing the risks of using talcum powder back in the 1970s. According to a recent study by the National Institute of Health, use of talcum powder can cause up to a 30% increased risk of ovarian cancer. Each year, as many as 2,200 women are diagnosed with ovarian cancer due to use of talcum powder.

A manufacturer or supplier may be liable to anyone whom it should expect to use a personal product or be endangered by its probable use if the product causes physical harm. A plaintiff needs to establish that the manufacturer knew or had reason to know that the product was dangerous or likely to be dangerous when putting it to the use for which it was supplied, that the manufacturer had no reason to believe that consumers would recognize the dangerous condition, and that the manufacturer failed to use reasonable care to inform consumers of the dangerous condition.

Generally, consumers who succeed in a failure to warn lawsuit will recover compensatory damages. In a talcum powder case, these may include both economic and noneconomic damages, such as medical costs, prescription drugs, lost wages, lost earning capacity, household services, mental anguish, and loss of consortium. If ovarian cancer tragically leads to a victim’s death, their family may be able to bring a claim. Each state has its own wrongful death laws and timeframes within which to bring these claims. These laws also spell out who is able to bring a wrongful death lawsuit, such as the spouse, children, or parents of the victim. In Tennessee, for example, the first in line to be able to file a wrongful death lawsuit is the surviving spouse of the decedent, followed by the surviving children, the personal representative of the decedent’s estate, a surviving parent if the decedent was dependent on a parent at the time of their death, and the administrator of the decedent’s estate if the decedent was a dependent at the time of their death.

If you can establish concealment in a talcum powder lawsuit, you may also be able to obtain punitive damages. These are damages that are intended to punish and deter a defendant from engaging in similar conduct in the future. In Tennessee, punitive damages may only be awarded if a defendant is proven to have acted recklessly, maliciously, fraudulently, or intentionally. In the case of a corporate defendant, the amount may be substantial if the defendant intentionally or recklessly concealed a risk of cancer.