Talcum powder is one of the primary ingredients that can be found in many different types of powders, such as beauty powders, baby powers, and various other kinds of make-up products.
Some other examples of products that may contain talcum powder or the mineral talc can include the following:
- Spray paints;
- Blush;
- Primer;
- Caulk;
- Insecticides;
- Eye shadow;
- Deodorants or antiperspirants;
- Wood finish; and
- Various types of prescribed pharmaceuticals and over the counter medications (e.g., tramadol, acetaminophen, amoxicillin, gabapentin, ibuprofen, etc.).
Talcum powder has even been used as a standalone product by consumers for a number of decades. However, recent studies have shown that talcum powder can cause some particular kinds of consumer injuries. The reason cited for these injuries may be attributed to the fact that the mineral talc may potentially contain asbestos fibers. As you may already know, asbestos exposure is extremely dangerous and can lead to developing certain cancers.
The most concerning of the types of injuries that talcum powder has been associated with is ovarian cancer. The studies aim to prove that the use of talcum powder and other products that contain talcum powder for feminine beauty or hygiene purposes is directly linked to causing ovarian cancer in women. Shockingly, such studies have been being performed since the 1960s and 1970s.
Ovarian cancer is the dominant form of cancer found in women who use talcum powder. However, there have also been some studies done that show women who are post-menopausal have a higher chance of getting uterine or endometrial cancer from using talcum powder.
Another kind of injury that has been associated with using talcum powder is mesothelioma, which is a type of cancer that is found in body tissue. Mesothelioma is considered to be a very serious form of cancer and has also been linked to asbestos poisoning.
One other type of injury that talcum powder seems to be causing is breathing problems for infant children, as well as chronic lung irritation, pulmonary talcosis, and/or pneumonia in adult consumers. Thus, it is no surprise that individuals have been suing talcum powder manufacturers over possible links between the powder and their illnesses or injuries. As of 2021, the average talcum powder claimant has received between $100,000 to $280,000 for their injuries.
To learn more about how you can file a lawsuit against a talcum powder company, or alternatively, join an already existing class action lawsuit for injuries associated with the use of talcum powder, you should speak to a products and services lawyer in your area as soon as possible. A lawyer can assist you with either one of these legal tasks and can make sure that your interests as a consumer are protected under the law.
In addition, a lawyer can also provide legal representation in civil court or on any legal conferences related to your talcum powder matter.
What are Some Legal Issues Associated with Talcum Injuries?
Generally speaking, claims involving talcum powder injuries are usually filed as some type of products liability lawsuit. As such, some common legal issues that may be associated with claims for talcum powder injuries include the following:
- Issues relating to product liability;
- Personal injury lawsuits;
- Problems with statute of limitations expirations;
- Issues with class action or multidistrict lawsuits;
- Claims for wrongful death or loss of consortium;
- Defective product matters; and/or
- Problems with product warning labels or instructions.
Recently, there have been many emerging concerns regarding the use of talcum powder and the lack of warning labels on bottles for consumers. Specifically, using talcum powder has been linked to causing ovarian cancer in its users. Thus, many injured persons have started filing private lawsuits and class actions against manufacturers, sellers, and distributors of talcum powder products.
How are Talcum Powder Injuries Remedied Legally?
In some instances, injuries from talcum powder can be extremely serious and may result in causing long term damage to a user. Such injuries may justify bringing a legal action against an offending party in court. If a plaintiff is successful in suing a party that is involved with the sale and distribution of the talcum powder product which caused them harm, then they will most likely be able to recover monetary damages.
If a plaintiff is able to recover monetary damages for talcum powder injuries, then the funds they receive can be used to cover any expenses associated with those injuries. For instance, a monetary damages award can be used to pay for hospital bills, the costs to receive medical treatment, lost wages, back pay, future income, and various other kinds of expenses that arise due to suffering an injury from using defective talcum powder.
Additionally, in cases where numerous plaintiffs are injured by a specific type or brand of talcum powder, the injured parties may be able to initiate a nationwide class action or a multidistrict lawsuit. Class action lawsuits tend to be very costly for losing defendants since the injuries tend to affect hundreds to thousands of consumers and thus each one will need to be paid a certain sum of damages for their injuries.
Lastly, some companies are settling with claimants before the case even gets to trial to avoid gaining a bad reputation and because it sometimes cheaper to settle out of court than to lose during a jury trial. However, in a couple of lawsuits that were decided over the course of this year, the defendant corporations have won because the plaintiffs failed to establish proof or lacked evidence to show a link between talcum powder usage and developing cancer.
Therefore, it is very important that those who believe they have been injured from using talcum powder or consumer products containing talc retain counsel immediately to assist them in filing a private lawsuit or in joining a class action or multidistrict lawsuit.
A lawyer will not only be able to help such injured parties prove their case, but they can also ensure that the proper legal procedures are followed. This can increase a plaintiff’s chances of recovering damages.
Do I Need a Lawyer for Assistance with a Talcum Powder Injury Claim?
As previously discussed, using talcum powder can sometimes lead to serious and potentially life-threatening injuries. Thus, it may be in your best interest to speak to a local defective products lawyer if you need assistance or advice on filing a legal claim for injuries you received from using talcum powder. An experienced products and services lawyer will be able to inform you about your legal rights and options under the laws in your area.
Your lawyer will also be able to conduct legal research to see if your claim is viable and can go over the types of damages you may be able to recover for your injuries if your case is successful. In addition, your lawyer can provide legal representation in civil court and can attend any other legal meetings that are related to your talcum powder injury claim.
Your lawyer may also direct you to initiate or to join an already existing class action or multidistrict lawsuit if many plaintiffs have suffered the same injuries that you have received from using talcum powder or products containing talc.
Finally, if you have any questions or concerns regarding claims for talcum powder injuries, your lawyer will be able to respond to any questions you may have and can provide any legal services that may be necessary in resolving your concerns or legal issues.
