Talcum powder is a great way to protect your skin from the Florida heat, as every baby and every grandma knows, but could it cause cancer? The past year has witnessed several verdicts in different states in which plaintiffs have been able to show a preponderance of the evidence that Johnson & Johnson talcum powder caused them to develop ovarian cancer. The courts awarded them compensation because of product liability laws, which state that a company can be held legally liable if it fails to inform consumers about known, substantial risks associated with using the product in its indicated manner. If you suffer from a chronic illness because of talcum powder or another commercial product, contact a Florida product liability lawyer.
When Are Manufacturers Liable for Injuries and Illnesses Caused by Their Products?
If you hang around with a worry long enough, you will realize that almost anything, no matter how harmless it seems, can be dangerous, so when does a plaintiff have grounds for a product liability lawsuit? Product liability law, like all personal injury law, is based on the idea of duty of care. Product manufacturers have an obligation to make sure that their products confirm to the legally indicated safety standards. They also have an obligation to warn consumers of known risks associated with their products. Thus, cigarette boxes carry warning labels about cancer and birth defects, Tylenol and other acetaminophen-containing medicines warn consumers not to exceed the maximum daily dose, and most toys and items of baby furniture warn consumers not to leave young children unattended with the product. Many of those warning labels are the result of product liability lawsuits. Likewise, it is illegal for manufacturers to suppress the publication of research about the dangers of their product.
The Johnson & Johnson Talcum Powder Lawsuits
Women who frequently use talcum powder develop ovarian cancer at higher rates than women who do not. As early as the 1970s, research showed that commercially available talcum powder sometimes contains levels of asbestos high enough to increase consumers’ risk of cancer. Since 2016, eight women have won product liability lawsuits against Johnson & Johnson. In other cases, courts have sided with the company, reasoning that the plaintiffs did not present sufficient evidence that their cancer was due to their use of Johnson & Johnson talcum powder, and in three cases, the jury could not agree on a verdict. By the end of 2019, courts in the United States will likely examine at least 12,000 lawsuits from plaintiffs who claim they were sickened by Johnson & Johnson talcum powder. In most of these suits, the women habitually applied the talcum powder to their genitals, sanitary napkins, or undergarments.
Contact Smith, Ball & Báez Injury Lawyers About Product Liability Cases
If you have been diagnosed with ovarian cancer and you think it is because of prolonged exposure to talcum powder, you may have grounds for a claim Don’t hesitate to contact Palm Beach County products liability attorneys at Smith, Ball & Báez Injury Lawyers for a consultation to see if you have grounds for a lawsuit.