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New Hampshire Talcum Powder Lawsuit: Get the Right Attorney

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C.L. Mike Schmidt Published by C.L. Mike Schmidt

Talcum powder, a product once common in households, is now the subject of numerous baby powder lawsuits. These cases, which are increasing not only in New Hampshire but worldwide, are based on research suggesting that frequent use of talcum powder, especially in the genital area, may increase the risk of developing ovarian cancer.

If talcum powder has negatively impacted your life or that of a loved one, Schmidt & Clark, LLP, is ready to stand by your side.

As a top-tier law firm specializing in plaintiff representation, our primary objective is to ensure you get the justice you deserve and the compensation you are entitled to.

Talcum Powder Lawsuit Overview

Recent talcum powder lawsuits in New Hampshire reflect the emotional and financial hardships residents face, and they aim to hold corporations responsible for potential health and safety hazards.

Particularly concerning are the cases where women with a history of using talcum powder for feminine hygiene, such as Johnson baby powder, have been diagnosed with ovarian cancer.

These talcum powder cancer lawsuits have implications that reach far beyond individual cases. They underscore the need for:

  • corporations like Johnson & Johnson to be held accountable for their actions, products, and the potential health risks they pose
  • establishing stringent product safety standards
  • ethical business practices

What is Talc?

Talc is a naturally occurring mineral found in rock deposits and is known for its composition of magnesium, silicon, and oxygen [1]. Its versatile nature has led to its use in a variety of personal care products.

Unfortunately, the health risks associated with talc have also led to a surge in talc powder lawsuits, particularly those involving ovarian cancer.

The concern about the presence of asbestos in talcum powder products, such as talcum baby powder, arises from the fact that asbestos, a known human carcinogen, is often found near talc.

Active Ingredients Used in Talcum Powder Products

Asbestos, a carcinogen associated with lung cancer, has often been found in talcum powder, including Johnson’s baby powder.

Individuals involved in the mining and milling of talc have faced a substantial sixfold rise in the risk of developing lung cancer as a result of occupational exposure to hazardous asbestos fibers, notably tremolite and actinolite.

Lung cancer development has been associated with talcum powder use, possibly due to asbestos in talc products. Additionally, women who have used talcum powder for feminine hygiene have developed ovarian cancer, leading to an increase in lawsuits against talcum powder manufacturers.

Identifying Key Players: Brands and Companies Named in Talcum Powder Lawsuits​​

Johnson & Johnson, a central figure in talcum powder lawsuits, is dealing with numerous legal cases due to health concerns related to its talc-based powder products, including Johnson’s baby powder. This has ultimately led to their announcement in May 2020 to halt the distribution of these products in the United States and Canada.

Apart from Johnson & Johnson, other companies have also been named in talcum powder ovarian cancer lawsuits. Some of these companies are Colgate-Palmolive, Valeant Pharmaceuticals, and Sanofi.

Talcum Powder Litigation: An Overview of the Battle Against Johnson & Johnson

A 1999 lawsuit initiated legal disputes with Johnson & Johnson over their talcum powder products. A Texas woman who was diagnosed with mesothelioma claimed that her cancer was linked to the long-term use of J&J’s baby powder. This was the spark that ignited a series of lawsuits against the company, marking the beginning of a protracted legal battle.

Notably, the jury verdicts have resulted in substantial monetary rewards to consumers in cases against Johnson & Johnson. These verdicts set important legal precedents and emphasized the potential risks associated with their talc-based products.

In the talcum powder litigation, the plaintiffs asserted that Johnson & Johnson’s talc-based products were responsible for causing cancer and that the company intentionally concealed the risks of asbestos contamination in its products.

Current State of Litigation in New Hampshire

Litigation in New Hampshire currently mirrors the national trend. There are pending claims against Johnson & Johnson’s talcum powder products, and women and families from New Hampshire are among those involved in these legal proceedings.

Johnson & Johnson has attempted to appeal a $2 billion jury verdict and judgment to the United States Supreme Court in June 2021. However, their attempt was rejected, leading the company to discontinue the production of talc-based baby powder in 2020.

Johnson & Johnson has agreed to an $8.9 billion payment in response to the escalating lawsuits, covering all current and future talc liabilities.

However, certain legal practitioners specializing in talcum powder cases believe that this settlement payout is inadequate to address the overall expenses associated with resolving all current and potential talc-related lawsuits.

The Growing Number of Talcum Powder Lawsuits in Multidistrict Litigation

The rise in consolidation of talcum powder lawsuits into multidistrict litigation is due to talcum powder claims of a link between talcum powder products and cancer diagnoses, specifically because of asbestos presence in certain talcum powders.

Multidistrict litigation (MDL) is a legal procedure designed to facilitate the resolution of similar cases collectively while also maintaining the distinct characteristics of each case.

In talcum powder MDLs, the process allows for efficient management of the cases by merging pretrial proceedings, such as discovery and motion practice, under the supervision of a single judge.

Currently, there are a total of 37,522 unresolved cases in the talc-based powder class action MDL.

Johnson & Johnson’s Bankruptcy Strategy and Litigation Complexities

To manage the financial impact of the talcum powder lawsuits, Johnson & Johnson has devised a strategy. The strategy involves the creation of a subsidiary, transferring its asbestos liabilities to that subsidiary, and then having the subsidiary file for bankruptcy.

This move can shield Johnson & Johnson from the financial impact of lawsuits because a parent corporation is generally not held accountable for the actions of its subsidiary. However, the company’s tactics have been met with criticism, especially in response to the $2.11 billion verdict in talcum powder litigation.

Applying talcum powder in the genital area correlates with a higher risk of developing ovarian cancer. Numerous studies have specifically focused on the direct use of talcum powder in the genital region as a key factor in identifying this risk [2].

“Multiple studies of ovarian cancer and genital talc use have led only to consensus about possible carcinogenicity.”- National Library of Medicine

Additionally, the presence of asbestos in talc, particularly the discovery of tremolite and other asbestos fibers in talc products, can amplify the risk of ovarian cancer in individuals who use them.

Does Talcum Powder Cause Mesothelioma?

Talcum powder does cause mesothelioma. Some studies suggest that there is a potential connection between the two. Talcum powder, particularly when contaminated with asbestos, has been associated with the development of this form of cancer [3].

The mechanism by which talcum powder can lead to the development of mesothelioma stems from the potential contamination of the talc with asbestos.

This substance has been associated with the development of mesothelioma and other forms of cancer. These findings underline the importance of ensuring the safety of commonly used products like talcum powder.

Who Qualifies For a New Hampshire Talcum Powder Lawsuit?

An individual who has used talcum powder regularly and has received a diagnosis of ovarian cancer qualifies for a New Hampshire talcum powder lawsuit.

Additionally, the manufacturer should have failed to provide adequate warnings about the potential risks associated with their product.

Prioritizing injury mitigation by seeking appropriate medical care and following medical advice is crucial before initiating legal proceedings.

Furthermore, it is advisable to collect relevant medical documentation and evidence of talcum powder usage and to secure legal representation from a professional with expertise in handling such cases.

Damages That You Can Recover From a Talcum Powder Lawsuit

Economic and non-economic losses can be encompassed in the damages awarded in a talcum powder lawsuit. Economic losses can include medical expenses and income loss, while non-economic losses can cover emotional distress, pain and suffering, and loss of consortium or companionship.

Filing a New Hampshire Talcum Powder Lawsuit

Careful preparation and understanding of the legal landscape are required to file a talcum powder lawsuit in New Hampshire. Talcum powder lawyers play a critical role in this process. They can help with:

  • Gathering evidence
  • Establishing liability
  • Determining damages
  • Working to secure compensation for injuries related to talcum powder.

Types of Evidence Presented in Talcum Powder Lawsuits

Evidence holds a pivotal role in talcum powder lawsuits, having a significant impact on case outcomes. Building a strong case often hinges on the presentation and interpretation of compelling evidence. This can include:

  • Evidence of asbestos contamination in talc products
  • Allegations of talc causing cancer
  • Medical records that establish a correlation between talcum powder usage and health complications, such as cancer or respiratory issues

Product labeling and internal company documents can also play a significant role in talcum powder litigation. Lawsuits have been initiated to force manufacturers to include warning labels on talcum powder products, indicating potential health hazards such as cancer.

Examining the Role of Expert Witnesses in Talcum Powder Litigation

In talcum powder litigation, expert witnesses hold a central role. They offer scientific and technical expertise to aid the court in comprehending intricate issues pertinent to the case. Their opinions and findings, derived from their expertise, have the potential to impact the outcome of the lawsuit.

Expert witnesses provide testimonies based on their expertise and scientific knowledge, which can shape the outcome of the lawsuit by presenting evidence, explaining complex scientific concepts, and helping the jury understand the potential risks and harms associated with the use of talcum powder. Their role in influencing the results of talcum powder lawsuits is significant.

New Hampshire Statue of Limitation

Potential plaintiffs must be mindful of the statute of limitations, an essential legal concept. In New Hampshire, the statute of limitations for personal injury cases, including talcum powder lawsuits, is typically three years from the date of the injury.

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If you or a loved one has been negatively impacted by talcum powder, Schmidt & Clark, LLP is here to help. Our team is highly skilled in handling such cases and will guide you through every step of the legal process.

It’s crucial for you to be well-informed about your legal rights and to determine your eligibility for a lawsuit. We offer free consultations, and you won’t incur any charges unless we win your case.

Reach out to Schmidt & Clark today for a comprehensive evaluation of your case. Let us be your trusted partner in navigating through these challenging times.

Reference:

  1. https://www.fda.gov/cosmetics/cosmetic-ingredients/talc
  2. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4820665/
  3. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC4164883/

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