Health products giant Johnson & Johnson has been under fire in various state courts over its talcum baby powder. The product has been repeatedly linked to ovarian cancer and mesothelioma, resulting in over 14,000 claims to date. Insurance Journal recently reported that Johnson & Johnson now wants a federal judge to assume over 2,000 of those cases.
The company is not in bankruptcy, but its supplier of talc, Imerys Talc America Inc., has sought Chapter 11 protection. Invoking a provision of the Bankruptcy Code, Johnson & Johnson argues that multiple state lawsuits are “duplicative, unpredictable, and wasteful.”
But Johnson & Johnson has a mixed record at the state level, as Insurance Journal points out. That includes a nearly $4.7 billion verdict in Missouri state court last year on behalf of 22 women. Other cases throughout the country, meanwhile, have resulted in multi-million dollar awards for plaintiffs.
What Are The Dangers Of Talc-Based Products?
Studies since the 1970s have consistently shown a link between talc and ovarian cancer. A Harvard Medical School study found that women who used talcum powder around their privates daily are especially at risk. Shockingly, the report found a whopping 40% increased risk of ovarian cancer in these women.
There is strong evidence that Johnson & Johnson knew of these risks for decades, but did nothing. In other cases, they intentionally concealed proof of the connection between talc and cancer. The company had an obligation to warn the public about the dangers of its product, yet failed to do so.
How Can An Attorney Help Me With My Case?
The mass tort litigators at Gacovino, Lake & Associates, P.C. have extensive experience with talcum powder lawsuits. Once you contact us, we will set up a consultation to get started on your case. After meeting with you, we will begin to investigate your allegations. We will ask questions about your medical history, your symptoms, and your use of talcum powder and other products. The goal is to gather the evidence we will need to prove your claims to a jury.
Are Talcum Powder Complaints Considered Class Action Lawsuits?
Baby powder cases have not yet been combined into a class action lawsuit, and probably will not. Class action lawsuits are notorious for their relatively low payouts to plaintiffs. Major lawsuits such as this are typically handled using Multidistrict Litigation, or MDL. With MDL, claims in New York can still be resolved along with those from across the country. But MDL allows New York plaintiffs to receive relief based on the details of their specific cases. Compensation will still be based on the degree of suffering experienced by each individual plaintiff. In other words, MDL preserves the local nature of New York cases.
What Damages Might I Receive In Court Or From A Settlement?
Your New York mass tort attorney will seek a jury award or settlement to address the following:
- Medical bills and related expenses
- Pain and suffering
- Lost wages and reduced work capability
- Funeral expenses and other costs in the event of a wrongful death
Are There Time Limits To File A Lawsuit?
Product liability cases such as those involving talcum baby powder do have certain time limits. These are called statutes of limitation, and they control how long a person has to file a lawsuit after an injury. If you use baby powder and notice symptoms of cancer, mesothelioma, or another illness, don’t wait. Seek the medical attention you need, then contact our team to get started.
Let Our Professionals Fight For The Compensation You Deserve
Johnson & Johnson’s latest move is another attempt to evade responsibility for failing to warn women about its product. If you or a loved one are suffering from cancer after using baby powder, you could be entitled to compensation. You need an aggressive attorney to take on corporate giants like Johnson & Johnson. Call Gacovino, Lake & Associates, P.C. to set up a consultation today.