Who Qualifies for the Talcum Powder Lawsuit
Are you questioning whether or not you qualify for the Talcum Powder Lawsuit? Here’s how you know if you are a candidate for compensation:
- If you have been diagnosed with epithelial ovarian cancer or mesothelioma within the last 1-6 years.
- If you regularly used baby powder products such as Johnson & Johnson or Shower to Shower for at least 4 years.
All situations are different, and every case is unique if you have questions or want to learn more about who can file for the Talcum Powder Lawsuit, call The Jeffcoats Lawfirm today.
An ever-growing amount of evidence is piling up that would suggest that using talcum powder in your genital area can increase your odds of developing ovarian cancer if you’re a woman. If you use talcum powder consistently over the years, your odds of developing ovarian cancer increase and you may be able to file a talcum powder lawsuit.
Does Baby Powder Cause Cancer?
Talcum powder and baby powder are both made from talc. Talc is a mineral made up of magnesium, oxygen, and silicon. The structure is similar to asbestos, which is a known carcinogen.
When the talc is ground up to make talcum and/or baby powder, the mineral will absorb and moisture to reduce friction. The problem is that if you are a woman and use talcum powder on your genitals, these talc particles easily can migrate into your vagina and from there into your ovaries where they are then trapped. The trapped particles may cause inflammation, which may lead to the growth of cancer cells.
The 7 Factors Needed to File a Talcum Powder Lawsuit
The criteria necessary to determine if you can file a talcum powder cancer lawsuit include:
1. Your cancer must be a type of ovarian cancer or Invasive Fallopian Tube Cancer.
2. You must have used baby powder daily within four (4) years of minimum use.
3. You must have used Johnson & Johnson baby powder.
4. You must have dusted your genital area with the baby powder.
5. You must have a positive biopsy that shows evidence of talcum powder.
6. You must not have a genetic disorder predisposing you to ovarian cancer such as BRCA 1 gene or BRCA 2 gene.
7. Diagnosis occurred post-2005 (or have a surgical pathology report).
What Else Do I Need To Know About the Talcum Powder Lawsuits?
The majority of women diagnosed with ovarian cancer are between the ages of 40 and 60. Talcum powder is not a prescription, and you can purchase it over-the-counter in many stores. Johnson & Johnson is the most recognized and used brand of talcum and/or baby powder.
As in most defective product lawsuits, especially those that are based on faulty drugs, if you were harmed, there’s generally a prescription, pharmacy record, or other evidence that proves you purchased and used the product.
However, in the Johnson & Johnson talcum powder lawsuits that evidence doesn’t exist. Instead, either you or a surviving family member must testify that the use of talcum powder was a habit and that you usually used Johnson & Johnson talcum powder and not another brand.
How Do I Know if I Qualify for a Talcum Powder Lawsuit in South Carolina?
In addition to the information above, generally speaking, you may qualify for a talcum powder cancer lawsuit in South Carolina if:
- Type of Cancer: There’s a very specific type of cancer called epithelial ovarian cancer that’s been linked to talcum or baby powder that contains talc. Epithelial ovarian cancer is also the most common type of ovarian cancer.
- Use of Talcum Powder: If you used a talcum powder such as Johnson’s Baby Powder or Shower to Shower, or some other talc-based product for feminine hygiene as an adult, you might have a claim. Only using talcum powder sporadically throughout the years isn’t enough. In general, terms, using the baby powder regularly for at least four years may be necessary for your claim to be successful. The chances of developing ovarian cancer or Invasive Fallopian Tube Cancer from talc-based products increase with the number of years you used the product and how frequently you used talcum powder.
- When You Were Diagnosed with Cancer: There are Statutes of Limitations that vary from state to state and are different if you are the family of a woman who died of ovarian cancer. Time limits range from 1-6 years, but some exceptions are based on whether your deceased loved one knew how they contracted ovarian cancer. The courts can be petitioned on a case-by-case basis to attempt to get the statute of limitations waived.
What About the Statute of Limitations?
There are several factors that can determine the length of time you may have to file your talcum powder lawsuit. Normally, the Statute of Limitations starts to run using the beginning date to calculate the Statute of Limitations coincides with the date you suffered your injury.
However, the normal personal injury statute of limitations would preclude a victim of an illness caused by talcum powder from meeting the Statute of Limitations.
What is Long Latency?
Some illnesses have a long latency period. This means that in some cases, the symptoms of your illness may not make themselves known immediately. It’s possible that you could suffer from mesothelioma and not be diagnosed for a long period after you were exposed to the talcum powder that caused your illness.
The latency factor, when combined with the fact that the illness from talcum powder normally only happens after years of exposure, makes it difficult, if not near impossible, to nail down one date that would trigger the Statute of Limitations.
What is the Statute of Repose?
In addition to the Statute of Limitations, the talcum powder attorneys at The Jeffcoat Firm in Columbia, South Carolina, must also consider the Statute of Repose. The Statute of Repose was first put into place to protect defendants from long-term liability, which may, in some cases, negate your ability to recover damages.
Can A Talcum Powder Lawyer Help Me?
The product liability lawyers at The Jeffcoat Firm in Columbia, South Carolina, can assist you if you or a loved one was harmed by the use of Johnson & Johnson talcum powder.
There have been numerous lawsuits filed against Johnson & Johnson by both the victim of ovarian cancer or their families who are looking for monetary compensation for ovarian cancer that was caused by this obviously dangerous product. You may be due to a settlement, and our attorneys can help you.
The talcum powder lawyers at The Jeffcoat Firm in Columbia, South Carolina, offer free consultations so we can evaluate your individual circumstances and advise you of the next steps that may be legally available to you so you can receive all the monetary compensation you may deserve for your ovarian cancer.
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