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Oklahoma Talcum (Baby) Powder Lawsuit: Get the Right Attorney

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

As the potential link between cancer and talcum powder becomes more apparent, an increasing number of Oklahomans are seeking legal redress.

This article aims to provide an overview of the current state of talcum powder lawsuit cases in Oklahoma, the criteria for eligibility to file, and the litigation trends that are affecting both the claimants and the industry.

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 main goal is to ensure you receive the justice you deserve and the compensation to which you’re entitled.

Talcum Powder Lawsuit Overview

The recent surge in lawsuits related to talcum and baby powder can be attributed to the discovered link between talc products and diagnoses of ovarian cancer and mesothelioma.

Plaintiffs argue that manufacturers, primarily Johnson & Johnson, failed to warn users about the potential health risks associated with their products, leading to an influx of talcum powder lawsuits.

What is Talc?

Talc is a naturally occurring mineral and is primarily utilized in the production of talcum powder [1]. Due to its moisture absorption properties and ability to prevent rashes by keeping the skin dry, talc is a common ingredient in many consumer products.

However, the link between talc products and cancer diagnoses, including ovarian cancer and mesothelioma, has been the basis of numerous lawsuits.

Active Ingredients Used in Talcum Powder Products

Most talcum powder products primarily contain talc. Its ability to absorb moisture and decrease friction makes it ideal for preventing rashes and chafing. However, the presence of talc in these products has led to numerous lawsuits, as it is linked to cancer diagnoses, including ovarian cancer and mesothelioma.

In response to the health concerns related to talc, cornstarch has emerged as a safer alternative. Derived from a food ingredient, cornstarch has larger particles, making it less likely to be inhaled or absorbed into the body.

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

Johnson & Johnson is the main company involved in the talcum powder lawsuits, with a staggering number of over 60,000 lawsuits pending against it.

This healthcare behemoth has been on the receiving end of a barrage of lawsuits alleging that its talc-based products, specifically Johnson’s baby powder, have been linked to ovarian cancer and mesothelioma.

However, Johnson & Johnson isn’t the only company facing legal action over talcum powder. Other major retailers such as:

  • Target
  • Walmart
  • CVS
  • Walgreens

Many individuals have also been subject to successful baby powder lawsuit cases regarding talcum powder complications, including talc powder lawsuit claims and talcum powder case settlements, with the help of talcum powder attorneys handling their talcum powder claims.

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

The talcum powder litigation against Johnson & Johnson has been a protracted battle. The company is currently facing numerous lawsuits alleging that its talc products have caused cancer.

In a bold move, Johnson & Johnson has employed a bankruptcy strategy to address this litigation, which involved filing for bankruptcy to halt lawsuits and withdrawing talc-based powders from the market.

As of the latest update, there are 53,729 talcum powder lawsuits pending against Johnson & Johnson. This figure represents an increase from 47,346 cases in September 2023 and illustrates the growing number of individuals who believe the company’s talc products have harmed them.

Current State of Litigation in Oklahoma

Multiple lawsuits have been filed in Oklahoma against manufacturers like Johnson & Johnson, indicating the grim reality of the talcum powder litigation landscape in the state.

Allegations that prolonged use of talcum powder can cause ovarian cancer in women, the increased risk of ovarian cancer associated with weekly use of talcum powder for feminine hygiene, and the presence of asbestos in talcum powder products have all contributed to the rise in lawsuits.

In April 2023, a temporary halt was issued on the majority of the lawsuits against Johnson & Johnson to address the bankruptcy of LTL Management, LLC, further complicating the litigation process.

The Growing Number of Talcum Powder Lawsuits in Multidistrict Litigation

Similar cases can be resolved simultaneously while preserving their unique details through multidistrict litigation. This is particularly pertinent considering the growing number of talcum powder lawsuits.

As of December 15, 2023, there were 53,729 pending lawsuits against Johnson & Johnson, indicating a significant rise from 47,346 cases in September 2023.

Multidistrict litigation aims to resolve similar cases simultaneously while maintaining the unique details of each case, a crucial aspect considering the increasing number of talcum powder lawsuits.

The increase in lawsuits is attributed to the allegations that the use of talcum powder, specifically baby powder, has been linked to ovarian cancer, leading to a significant rise in the number of filed cases.

Johnson & Johnson’s Bankruptcy Strategy and Litigation Complexities

To reduce the amount paid in the talc baby powder lawsuits, Johnson & Johnson has resorted to bankruptcy laws. This strategic move is based on the legal principle of the bankruptcy automatic stay, which disrupts planned litigation strategies.

Furthermore, large conglomerates may utilize the bankruptcy system to settle or address mass tort claims.

The specific legal matter being considered in the appeal is whether the bankruptcy spin-off was filed in bad faith and should be dismissed. In the event of bankruptcy, affected individuals will still receive compensation payouts.

The potential link between talcum powder and ovarian cancer has been highlighted by scientific research and legal battles.

The allegations that talcum powder can cause ovarian cancer stem from the notion that talcum powder particles can migrate through the vagina, uterus, and fallopian tubes to reach the ovaries, thereby increasing the likelihood of ovarian cancer in some women.

Frequent use of talc-based baby powder may elevate a woman’s likelihood of developing ovarian cancer by up to 30% [2]. This alarming statistic has fueled a significant rise in the number of lawsuits. It has raised public concern about the safety of talcum powder products, as well as the potential link to talcum powder cancer.

Does Talcum Powder Cause Mesothelioma?

Talcum powder does cause mesothelioma. Mesothelioma is a rare and aggressive form of cancer primarily caused by exposure to asbestos. Asbestos can contaminate talc primarily during the mining process, resulting in potential asbestos exposure from talcum powder products.

This is concerning because inhalation of asbestos-containing talcum powder is widely recognized as a potential cause of cancer.

“Through many applications of this particular brand of talcum powder, the deceased inhaled asbestos fibers, which then accumulated in her lungs and likely caused or contributed to her me.”- National Library of Medicine

Research has demonstrated a correlation between the use of asbestos-contaminated talcum powder and the development of mesothelioma [3]. These findings have led to a surge in lawsuits against manufacturers of talcum powder products.

Who Qualifies For an Oklahoma Talcum Powder Lawsuit?

Individuals who have received a diagnosis of cancer, particularly ovarian cancer, after consistent use of talcum powder qualify for an Oklahoma talcum powder lawsuit. Additionally, they must have utilized talcum powder in the past.

Lastly, they must have a confirmed diagnosis of their medical condition from a healthcare professional, which is directly linked to the use of talc-containing products.

Apart from suffering from a talc-related medical condition, the potential plaintiff must also be able to demonstrate that they used a talc-containing product. The product could have been used for various purposes, but most lawsuits focus on the use of talcum powder for personal hygiene.

Damages That You Can Recover From a Talcum Powder Lawsuit

Once a lawsuit is filed, the next important consideration relates to the damages that can be recovered from a talcum powder lawsuit.

In legal terms, damages refer to the financial compensation that may be awarded to an individual who has suffered a loss or injury due to another’s negligence or unlawful conduct. In a talcum powder lawsuit, the types of damages that can be awarded typically include non-economic damages and punitive damages.

Compensation in a talcum powder lawsuit can help alleviate the financial burden that comes with expensive cancer treatments and other costs linked to talc-related cancer. These damages can cover various losses, including:

Talcum Powder Lawsuit Settlement Amounts in Oklahoma

The severity of the illness and the strength of the evidence presented can greatly influence the settlement amounts in Oklahoma talcum powder lawsuits. For example, the settlements in Oklahoma talcum powder cases have ranged from $55 million to $72 million.

This range demonstrates the seriousness of these cases and the potential financial impact on the defendants.

Settlements in talcum powder lawsuits are often complex, involving negotiations with the defendant. The compensation can help offset the costs of cancer treatments. If a settlement isn’t reached, the case may go to trial, potentially leading to varying award amounts.

Filing an Oklahoma Talcum Powder Lawsuit

Filing an Oklahoma talcum powder lawsuit involves the following steps:

  1. Verify if the injured party meets the criteria to file a claim, which typically involves confirming a cancer diagnosis and establishing a history of talcum powder use.
  2. Once the eligibility criteria are met, the individual can proceed with filing the lawsuit.
  3. It is recommended to seek the assistance of a legal professional who specializes in talcum powder lawsuits to navigate the legal process.

Types of Evidence Presented in Talcum Powder Lawsuits

A variety of evidence is typically presented in a talcum powder lawsuit to establish a link between the plaintiff’s cancer diagnosis and their use of talcum powder. The evidence includes:

  • Medical records like diagnosis details, pathology reports, and expert analysis
  • Documentation of talcum powder product usage, including frequency, duration, and a comprehensive history
  • Positive biopsies demonstrating evidence of talcum exposure

All of this evidence is presented to support the claim that talcum powder use contributed to the plaintiff’s cancer diagnosis.

Examining the Role of Expert Witnesses in Talcum Powder Litigation

In talcum powder lawsuits, expert witnesses are crucial as they offer scientifically grounded testimonies to either support or challenge claims about the relationship between talcum powder and health conditions, such as cancer.

Their specialized knowledge influences the lawsuit’s outcome by presenting trustworthy and credible information to the court.

Oklahoma Statue of Limitation

The statute of limitations is the specific timeframe after a cancer diagnosis during which legal action can be pursued. In Oklahoma, the prescribed period for initiating a talcum powder lawsuit generally spans from two to three years from the date of diagnosis.

It’s important to note that these time limits vary from state to state and can also depend on the specific circumstances of the case.

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At Schmidt & Clark, LLP we stand by your side during challenging times. If you or a loved one have suffered due to talcum powder exposure, reach out to us without delay. Our experienced team is well-versed in handling such cases and will guide you every step of the way.

You must be aware of your legal rights and determine if you qualify for a lawsuit. We offer free consultations, and you won’t incur any fees unless we secure a favorable 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 this situation.

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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