FREE Case Review (866) 588-0600

North Dakota Talcum (Baby) Powder Lawsuit: Get the Right Attorney

Awards & recognition
C.L. Mike Schmidt Published by C.L. Mike Schmidt

Johnson & Johnson is facing over 50,000 talcum powder lawsuits in North Dakota. These lawsuits arise from links between talcum powder use and serious health risks.

This article provides an overview of these legal battles, shedding light on the associated health risks without overwhelming you with unnecessary details.

If you or a loved one has suffered due to the use of talcum powder, Schmidt & Clark, LLP, is here to help. Known for our excellence in representing plaintiffs, our primary focus is to ensure that you get the justice you deserve and the compensation you are entitled to.

Talcum Powder Lawsuit Overview

A series of allegations sparked the legal battle against Johnson & Johnson, asserting that the company’s Johnson’s talcum powder products, including Johnson’s baby powder, might lead to ovarian cancer in certain women.

The talcum powder lawsuits faced by Johnson & Johnson have snowballed to include more than 1,200 cases related to ovarian cancer alone. Despite the mounting pressure, Johnson & Johnson has maintained the safety of its talc-based products, even as the company discontinued its sales in the U.S. and Canada due to declining sales.

Historically, talc with asbestos, a recognized carcinogen, has been found in talcum powder, specifically body powder. The Ristesund v Johnson & Johnson lawsuit revealed that the use of talcum powder in the genital areas is associated with a 33% increase in the risk of ovarian cancer. As a result, Johnson & Johnson agreed to pay $100 million to settle more than 1,000 talcum powder cases in the MDL.

What is Talc?

Talc is a naturally occurring mineral. It is composed of magnesium, silicon, oxygen, and hydrogen. It serves as the main component of talc-based baby powder [1].

The properties of talc, such as its absorption and anti-caking capabilities, have made it a common ingredient in a variety of personal care products, including talc powder, baby powders, body powders, foot powders, and various feminine hygiene products.

However, health concerns have been sparked by the use of talc in these products. These concerns have led to an increase in talcum powder lawsuits, prompting a reevaluation of the safety of talcum powder products and raising questions about the risks associated with talc in the context of a talcum powder case.

Active Ingredients Used in Talcum Powder Products

One of the key components found in talcum powder products is talc. However, it’s not talc itself that has been linked to ovarian cancer, but the asbestos that certain talcum powders may contain. Asbestos, a recognized carcinogen, can elevate the risk of developing cancers, especially in the lungs, when inhaled.

As a result of the potential risks associated with talc-based products, safe alternatives such as baking soda, cornstarch, tapioca starch, and other natural materials are being explored.

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

Brands implicated in talcum powder lawsuits include:

  • Johnson & Johnson
  • Colgate-Palmolive
  • Avon
  • Chanel
  • CVS
  • Estee Lauder
  • Gold Bond
  • Imerys Talc North America

Among these, Johnson & Johnson’s Shower to Shower product, a popular shower body powder, and Gold Bond have been involved in litigation.

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

A complex and multifaceted legal battle is being fought between Johnson & Johnson and numerous plaintiffs alleging harm from the use of talcum powder.

The company is currently contending with numerous product liability lawsuits involving talcum powder, with nearly 2,000 federal court cases still awaiting resolution and roughly 38,000 plaintiffs having filed lawsuits as of July 15, 2022.

Johnson & Johnson officials have been accused in multiple lawsuits of intentionally concealing information about the cancer risk associated with talcum powder. Presented evidence suggests a years-long concealment of this information.

Current State of Litigation in North Dakota

The talcum powder lawsuits in North Dakota are part of the broader legal landscape involving Johnson & Johnson. There are pending claims from women and families in North Dakota in the talcum powder lawsuits.

The ongoing litigation process in North Dakota could lead to major implications for both the plaintiffs and Johnson & Johnson, depending on the outcome of these lawsuits. It’s a complex legal landscape, and the ultimate impact will depend on the resolution of these cases and the potential for future lawsuits.

The Growing Number of Talcum Powder Lawsuits in Multidistrict Litigation

In addition to individual lawsuits in various states, there is a growing trend of consolidating talcum powder lawsuits into multidistrict litigation (MDL). The objective of MDL is to efficiently resolve similar cases while still maintaining the individual intricacies of each case.

The consolidation of lawsuits into an MDL indicates the broad scope of the talcum powder litigation. With the addition of nearly 400 talcum powder cancer lawsuits to the talc MDL in just the last month, there is no indication of this trend slowing down.

Johnson & Johnson’s Bankruptcy Strategy and Litigation Complexities

To handle the numerous talcum powder lawsuits it is currently dealing with, Johnson & Johnson has implemented a contentious bankruptcy proceeding. As a part of this approach, Judge Kaplan has imposed an automatic stay, providing temporary protection to the company from these legal actions.

However, this strategy has faced notable legal challenges, such as the refusal of a proposed $8.9 billion settlement deal and the ongoing debate over whether the bankruptcy spin-off was conducted in bad faith and should, therefore, be invalidated.

Understanding the potential health implications of talcum powder use is important as the legal battles unfold. Plaintiffs claim that the application of talcum powder to the genital area may lead to its migration through the vagina and subsequent accumulation in the ovaries.

Potentially leading to chronic inflammation that fosters the growth of cancerous cells. This assertion is backed by the presence of talc in cancerous ovarian tissues.

Approximately 10% of ovarian cancer cases in the United States have been linked to the use of baby powder. Studies suggest that up to 10,000 women may succumb to talcum powder ovarian cancer each year due to the application of talcum powder in the perineal area, potentially developing ovarian cancer [2].

Does Talcum Powder Cause Mesothelioma?

Talcum powder does cause mesothelioma. Several studies have identified a connection between the use of talcum powder and cancer, specifically mesothelioma [3]. Additionally, inhalation of talc in occupational settings has been linked to various other forms of cancer.

“Exposure to talc has also been suggested as a causative factor in the development of ovarian carcinomas, gynecological tumors, and mesothelioma.”- National Library of Medicine

Research indicates that more than 60 percent of mesothelioma cases in women may be attributed to non-occupational asbestos exposure. A recent study has suggested a potential link between asbestos-contaminated talcum powder and the development of the rare cancer mesothelioma.

Who Qualifies For a North Dakota Talcum Powder Lawsuit?

Individuals who have received a diagnosis of ovarian cancer after the use of talcum powder or are a relative of such an individual qualify for a North Dakota talcum powder lawsuit. The basis for the North Dakota baby powder lawsuits is Johnson & Johnson’s failure to inform the public about the cancer risk linked to talc.

Attorneys in North baby powder lawsuits are responsible for providing legal representation on a contingency basis and offering free, no-obligation consultations for women and families in North Dakota who believe they may have grounds for a North Dakota talcum powder cancer lawsuit.

Damages That You Can Recover From a Talcum Powder Lawsuit

Several types of damages can potentially be recovered in a talcum powder lawsuit if you or a loved one have been affected by talcum powder use. Plaintiffs involved in talcum powder lawsuits may have access to compensatory damages, which commonly encompass:

Compensation for emotional distress is among the categories of damages that plaintiffs are eligible to recover in a talcum powder lawsuit. In addition to emotional distress, medical expenses and loss of earning capacity are considered compensable damages in a talcum powder lawsuit.

Talcum Powder Lawsuit Settlement Amounts in North Dakota

A variety of factors can cause the settlement amounts in talcum powder lawsuits to vary widely. Settlement amounts in North Dakota talcum powder lawsuits are influenced by various factors, including:

  • The specifics of each case
  • The extent of the plaintiff’s suffering
  • Considerations such as physical and financial damages

The typical settlement for talcum powder lawsuits in North Dakota is estimated to be around $500,000 per plaintiff. However, the highest settlement amount ever awarded in a talcum powder lawsuit in North Dakota is $8.9 billion, contributing to the significant averages observed in such cases.

During the last five years, the average settlement amounts for talcum powder lawsuits in North Dakota have remained relatively stable, averaging around $500,000 per plaintiff.

Filing a North Dakota Talcum Powder Lawsuit

If you believe you have been affected by the use of talcum powder, consider filing a lawsuit. Initiating a talcum powder lawsuit in North Dakota begins with determining if the injured party is eligible to file a claim. Once eligibility is confirmed, the next step involves gathering evidence to substantiate the claim.

Commonly utilized evidence in talcum powder lawsuits includes:

  • Studies examining the correlation between talcum powder and cancer.
  • Details from past litigations.
  • Data about detrimental components in talcum powder products.

Types of Evidence Presented in Talcum Powder Lawsuits

Understanding the types of evidence that can strengthen your case is important when filing a talcum powder lawsuit. Commonly, evidence of asbestos contamination in talc products and claims that talc causes cancer are presented in talcum powder lawsuits.

Types of evidence that can strengthen your case include:

  • Test results showing the presence of asbestos in talc products
  • Medical records and expert testimony linking talcum powder use to ovarian cancer
  • Studies and research supporting the connection between talc and cancer

Examining the Role of Expert Witnesses in Talcum Powder Litigation

Expert witnesses, offering scientific and medical expertise, play a pivotal role in talcum powder litigation, aiding in either bolstering or contesting assertions concerning the hazards of talcum powder. The usual expert witnesses in talcum powder lawsuits may consist of:

  • Scientists
  • Medical professionals
  • Epidemiologists
  • Experts in asbestos litigation

Their credibility is determined by evaluating their particular methodology, and trial courts may consider factors such as the reliability of their methodology.

North Dakota Statue of Limitation

Being aware of the statute of limitations, which is the time limit for filing a lawsuit, is important when considering a talcum powder lawsuit. In North Dakota, the personal injury statute of limitations provides a guideline of 6 years from the start date for initiation of legal action [4].

Related Articles:

See all related personal injury lawsuits our attorneys covered so far.

Choose our lawyers

Have you or a loved one been unreasonably injured by a dangerous or defective consumer product?

Get Your Free Consultation From North Dakota Talcum Powder Lawyers

If you or a loved one have suffered due to talcum powder exposure, Schmidt & Clark, LLP is ready to stand with you. Our team possesses the knowledge and experience necessary to handle such cases and will walk you through each step of the journey.

We believe you must know your legal rights and determine if you qualify for a lawsuit. Rest assured, our consultations come at no cost to you, and we only charge if we secure a successful result for your case.

Get in touch with Schmidt & Clark today for a comprehensive review of your case. Allow us to be your trusted partner in navigating these challenging circumstances.

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/
  4. https://www.mwl-law.com/wp-content/uploads/2018/02/SOL-CHART.pdf

Free Confidential Case Evaluation

Verified 100% Secure SiteTo contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: (866) 588-0600.