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South Carolina Talcum (Baby) Powder Lawsuit: Get the Right Attorney

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

Talcum powder lawsuits in South Carolina have been making significant waves in the legal landscape. These lawsuits, which have been steadily increasing, are a response to the harmful effects of talcum powder products.

The impact of these lawsuits is profound, as they highlight the potential risks associated with such products and the need for legal recourse for the victims.

Should you or a loved one have suffered harm due to the use of talcum powder, Schmidt & Clark, LLP is here to assist.

Recognized as a top-tier law firm specializing in representing plaintiffs, our foremost commitment is to ensure you obtain the justice and rightful compensation you deserve.

Talcum Powder Lawsuit Overview

At the heart of these talcum powder lawsuits are allegations that companies, primarily Johnson & Johnson, were aware of the dangers of using talc-based products and failed to warn consumers about them.

Over time, substantial settlements have shown the gravity of these allegations, with Johnson & Johnson agreeing to resolve over a thousand claims for an estimated $100 million in October 2020.

However, the legal battle is far from over. Plaintiffs’ attorneys have appealed Johnson & Johnson’s decision to avail of bankruptcy, a move that could affect the resolution of outstanding and future claims, including Johnson’s baby powder lawsuits.

As the legal dispute continues, grasping the major players and the part South Carolina courts play in these talcum powder lawsuits is fundamental, especially for those involved in a baby powder lawsuit.

What is Talc?

Talc is the primary ingredient in talcum powder, and it is a mineral composed of magnesium, silicon, and oxygen. It is used in various consumer products due to its ability to absorb moisture, prevent caking, and provide a smooth feel [1].

Yet, the safety of talc has come under scrutiny due to its link to cancer, particularly when utilized in talcum powder.

Active Ingredients Used in Talcum Powder Products

Besides talc, talcum powder products contain other ingredients like fragrances and preservatives. These additional ingredients, while serving to produce pleasant scents or prolong shelf life, do not negate the potential risks associated with asbestos contamination in talcum powder products.

For instance, asbestos, a notorious carcinogen, has been found in some talcum powder products. Its inhalation can elevate the risk of cancer.

This fact renders the chronic use of talcum powder a potential health risk, notably when applied for feminine hygiene.

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

Johnson & Johnson stands at the forefront of these lawsuits, with specific products like Johnson’s Baby Powder and Shower to Shower named. However, they are not the only ones held accountable.

Talc suppliers like R.T. Vanderbilt Company Inc., Imerys Talc America, and talc supplier Whittaker, Clark & Daniels are also implicated in the litigation, facing numerous talc claims from plaintiffs who allege that their products caused cancer.

Even retailers could face accountability. While Johnson & Johnson is mainly blamed for asbestos-contaminated talc causing cancer, certain negligence allegations suggest retailers may also bear responsibility if it can be proved they knew of the product’s flaw.

The Role of South Carolina Courts in Talcum Powder Cases

South Carolina courts play a pivotal role in handling these talcum powder cases. Holding jurisdiction over talcum powder lawsuits, the initial stage of the legal process involves assessing the eligibility of the injured party to pursue a claim.

Distinguished judges like Mark Milestone and Jean Toal have presided over talcum powder cases. Their role, along with that of the court, is instrumental in determining the outcome of these lawsuits.

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

The fight against Johnson & Johnson in talcum powder litigation continues to develop. As of December 2023, over 53,700 cancer lawsuits were pending in the Multidistrict Litigation (MDL), with almost 2,000 in federal court and hundreds more in state courts.

Significant case outcomes have been seen, such as a $2 billion judgment upheld in Missouri, prompting Johnson & Johnson to reach a $100 million settlement with about 1,000 claimants.

Johnson & Johnson also recently moved to disqualify a plaintiff’s attorney and their law firm from the MDL, signaling ongoing legal maneuvers as the MDL remains in the pretrial motions and discovery stage.

Current State of Litigation in South Carolina

South Carolina is one of the states where the wave of talcum powder lawsuits has been felt strongly, with more than 11,000 lawsuits filed so far. The outcomes of these lawsuits vary, but some have seen significant results.

A notable verdict in South Carolina resulted in a jury awarding $29.14 million to a plaintiff. Furthermore, Johnson & Johnson has proposed a $9 billion settlement in recent proceedings.

Individuals who are developing ovarian cancer due to talcum powder can consult talcum powder lawyers and participate in the ongoing multidistrict litigation. This participation can potentially lead to them receiving compensation for their suffering.

The Growing Number of Talcum Powder Lawsuits in Multidistrict Litigation

The number of talcum powder lawsuits continues to increase, with over 53,729 lawsuits against Johnson & Johnson consolidated in the talcum powder MDL, MDL 2738, known as ‘Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation.’

Multidistrict Litigations (MDLs) consolidate multiple lawsuits with similar issues into a single district court, allowing for efficient management of cases by grouping them for pretrial processes like discovery and motions.

Johnson & Johnson’s Bankruptcy Strategy and Litigation Complexities

Johnson & Johnson’s bankruptcy strategy adds another layer of complexity to the litigation process. By settling the lawsuits in bankruptcy, Johnson & Johnson potentially imposes the settlement terms on people living with cancer who oppose the deal and prevent new lawsuits.

This move has resulted in appeals from plaintiffs’ attorneys, questioning the permissibility of J&J’s bankruptcy spin-off and whether it was filed in bad faith.

Despite the bankruptcy filing, victims still receive compensation payouts. However, the amounts are expected to be reduced as the risk of significant jury awards diminishes, and the company addresses these claims through bankruptcy proceedings.

Many of the talcum powder lawsuits stem from the link between talcum powder use and ovarian cancer. Talcum powder has been associated with several types of cancer, including ovarian cancer, endometrial cancer, and lung cancer [2].

A significant study in 1982 found that women who used talcum powder on their underwear, diapers, or sanitary napkins experienced a notable increase in ovarian cancer risk.

Plaintiffs who have utilized talcum powder have faced serious health issues such as ovarian cancer due to their exposure to asbestos in talc-based consumer products.

“It has been suggested that talcum powder might cause cancer in the ovaries if the powder particles (applied to the genital area or on sanitary napkins, diaphragms, or condoms) were to travel through the vagina, uterus, and fallopian tubes to the ovaries.”- American Cancer Society

Does Talcum Powder Cause Mesothelioma?

Talcum powder does cause mesothelioma. Mesothelioma is a rare and aggressive form of cancer that develops in the lining of certain tissues, such as the lungs, chest wall, and abdomen.

This connection is due to the presence of asbestos, a known carcinogen, in some talcum powder products, which can lead to mesothelioma when inhaled.

Scientific studies have confirmed the presence of asbestos in talcum powder products and indicated a potential link between talcum powder use and mesothelioma [3].

One study even noted a slight increase in the risk of endometrial cancer in postmenopausal women who use genital talcum powder. The potential health risks associated with talcum powder usage are thus widespread and alarming.

Who Qualifies For a South Carolina Talcum Powder Lawsuit?

Individuals who have a diagnosis of ovarian cancer or mesothelioma, a history of talcum powder use, and a positive biopsy showing evidence of talcum powder qualify for a South Carolina talcum powder lawsuit.

In addition to the health criteria, other factors, such as the date of the cancer diagnosis and the regularity of talcum powder usage, are also considered. It is important to consult with a talcum powder lawyer to evaluate your eligibility and understand your rights in these lawsuits.

Damages That You Can Recover From a Talcum Powder Lawsuit

In a talcum powder lawsuit, the compensable damages include:

While the compensation amount can vary depending on the specifics of each case, the typical amount of compensation awarded in a talcum powder lawsuit is estimated to be around $500,000 per plaintiff. Furthermore, plaintiffs have the potential to seek emotional distress damages in talcum powder lawsuits.

Talcum Powder Lawsuit Settlement Amounts in South Carolina

The settlement amounts in talcum powder lawsuits in South Carolina can significantly differ based on various factors. These factors include the severity of the injuries, the extent of the damages, and the strength of the evidence presented. The presence of a lawyer could impact the settlement amount in a talcum powder lawsuit in South Carolina.

For example, the highest settlement amount granted in a talcum powder lawsuit in South Carolina was $29.14 million. While this is a significant amount, it is essential to remember that each case is unique, and the settlement amount can vary accordingly.

Filing a South Carolina Talcum Powder Lawsuit

Launching a talcum powder lawsuit in South Carolina entails numerous steps. It is advisable to seek legal counsel from a reputable firm that can offer guidance and a complimentary review and consultation.

Gathering substantial evidence is a crucial step in the process. This includes meticulous documentation of asbestos exposure and resulting harm, as well as evidence such as scientific studies linking talc to cancer, testimonies from witnesses, medical records, and internal company documents.

Types of Evidence Presented in Talcum Powder Lawsuits

In a talcum powder lawsuit, various types of evidence are presented. Consumer medical evidence, including medical records and pathology reports, offers details about a plaintiff’s ovarian cancer diagnosis and reinforces the connection between talcum powder use and cancer development.

Product samples serve as critical evidence in these cases. By conducting tests on these samples, legal teams can confirm the presence of harmful substances such as asbestos, which is crucial for establishing a product’s potential for causing health problems.

Examining the Role of Expert Witnesses in Talcum Powder Litigation

Expert witnesses play a crucial role in talcum powder litigation. Their specialized knowledge and opinions grounded in scientific evidence assist the court in understanding intricate scientific concepts and presenting their findings in support of the claims or defenses of the parties involved.

South Carolina Statue of Limitation

In South Carolina, the statute of limitations for filing personal injury lawsuits is three years. For wrongful death claims related to talc lawsuits, it is typically two years from the cancer patient’s date of death.

The discovery rule also impacts these lawsuits, as it determines when the timeframe for filing a lawsuit begins, based on when a party becomes aware or should have been aware of their injury.

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

Get Your Free Case Evaluation From South Carolina Talcum Powder Lawyers

At Schmidt & Clark, LLP we’re committed to standing by your side during challenging times. If you or a loved one has suffered due to talcum powder exposure, we urge you to reach out to us. Our skilled team is well-versed in handling such cases and will provide comprehensive guidance throughout the entire process.

Understanding your legal rights and determining your eligibility for a lawsuit is crucial. We offer free consultations, and you won’t be charged unless we secure a favorable result in your case.

Get in touch with Schmidt & Clark today for a detailed assessment of your case. Allow us to be your trusted partner in navigating this complex 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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