An Illinois jury determined that Johnson & Johnson (J&J) was not legally or responsible for the death of a 69-year-old woman who used the healthcare giant’s talc-based powders for decades during her lifetime. The woman’s family claimed J&J’s products caused her ovarian cancer and eventual death, according to an article published by Lawyer Monthly.
The Lawsuit
The woman passed away in September of 2016, just 18 months after she was initially diagnosed with ovarian cancer by her doctors. The deceased niece, who oversees her aunt’s estate, sued on her behalf seeking up to $50 million in damages and alleging that J&J knew that its baby powder (and other products) were unsafe for consumers. After a three-week trial, however, jurors in the Illinois county case ruled in favor of J&J. The company expressed its deepest condolences for anyone suffering from cancer although it also stated the verdict reflected the science and facts of the particular case. The attorney representing the deceased has stated that the evidence is overwhelming linking talc to ovarian cancer.
The healthcare giant reportedly set aside $3.9 billion for legal expenses in 2020, mainly for talc-related liabilities including lawsuits. According to J&J, the company faces approximately 34,600 talc-based powder-related lawsuits across the country.
Talcum Powder and Cancer
Powder form talc, according to Cancer.org, absorbs moisture and also reduces friction. For this reason, talcum powder is useful for preventing rashes and keeping skin dry. The product is used in cosmetic products such as adult body and facial powders, baby powders, and other products. While J&J is one of the main producers of talc-based products in America, the company stopped selling the product in North America in May 2020. According to Cancer.org, talcum powder could cause cancer in the ovaries if the product’s particles travel to a woman’s reproductive organs when the product is used on sanitary napkins, condoms, diaphragms, or in the genital area. The more regularly talcum powder is used by a woman, the higher the risk of her developing cancer. A Harvard epidemiologist points to a 2008 study that women who use talcum powder on a day-to-day basis are at a 41% increased risk of ovarian cancer.
Talcum Powder Lawsuits
If you or someone you know has been affected by cancer and you think talcum powder may be the cause, you may have a valid legal claim. A claimant who files a talcum powder lawsuit should meet the following criteria:
- Age 21 or older at the time of the cancer diagnosis;
- A regular user of J&J talcum powder for at least two years;
- Received a diagnosis of ovarian cancer, borderline serous/mucinous tumors, or fallopian tube cancer;
- Received cancer treatment or diagnosis between 2009 and present;
- Used talcum powder regularly in your genital area before the start of menopause.
Importantly, the lawsuit must be filed within two years of the claimant’s death.
Getting Legal Help
For years, the attorneys at H&P Law have been helping families in Las Vegas and across the state of Nevada with personal injury and wrongful death lawsuits. Contact H&P Law today to discuss your case and get insight and guidance.