When you buy a product, you buy it with the reasonable expectation that it will work and will not cause you harm. This is the expectation consumers of talc products held, but sadly, some of those products’ manufacturers had not done their due diligence to ensure the product’s safety, and consumers became seriously ill. If you have developed an illness from using a talc powder product, get in touch with H&P Law and speak with a Las Vegas mass tort lawyer right away.
A Las Vegas talc powder mass tort lawyer with our team can review your case and advise you of your options. You may be able to hold the product’s manufacturing company accountable for your losses by joining a mass tort effort.
Understanding Mass Tort Cases
A “tort” is a “civil wrong” one person commits against another, causing the victim injury. Typically, tort cases involve one victim, the plaintiff, filing an injury claim against the at-fault party, the defendant. For example, if a person is injured in a car accident caused by a speeding driver, that victim can sue the speeding driver for damages.
“Mass tort” cases are those involving multiple plaintiffs who all suffered injury from a common, single tort inflicted by one or more defendants. Often mass torts cases are lawsuits filed against product manufacturers whose products contain a defect that harms multiple consumers. A pharmaceutical used by many may later prove to cause permanent, debilitating side effects among those who took the medicine, for example.
A mass tort allows victims to consolidate or join, their cases to increase its power and efficiency. For a mass tort case to make it to court, the court first has to grant permission. After considering a variety of factors, the number of plaintiffs and the consistency of their injuries, among others, the court may decide to order a mass tort action and publish a notice of action to give other potential victims the opportunity to join. Contact our personal injury lawyer in Las Vegas for more detailed information on your case.
Why Talc Is the Subject of Mass Torts
“Talc” is the mineral contained in talcum powder, and many who have used this cosmetic product have developed serious illnesses, including ovarian cancer and mesothelioma. According to the Food and Drug Administration (FDA)’s news release, if talc mining sites “are not selected carefully and steps are not taken to purify the talc ore sufficiently, the talc may be contaminated with asbestos.” Asbestos is a known carcinogen, and there is a relationship between asbestos exposure and cancer risk.
The FDA has been testing talc products for asbestos since 2018, according to its news release. Since then, various products, most notably Johnson & Johnson’s baby powder, have been found to be contaminated. Though the FDA issued a product recall, many regular consumers had already been affected by the tainted powder.
In 2009, Johnson & Johnson faced its first talc-based lawsuit, filed by a woman claiming their baby powder caused her ovarian cancer. Her case was dismissed, but in 2016, the company was forced to pay $72 million in damages to the surviving son of a woman who died of ovarian cancer attributed to talcum powder use. In 2018, 22 plaintiffs represented in a mass tort against the company were awarded $4.14 billion in punitive damages, according to research published by the National Library of Medicine (NLH).
Proving a Talc Powder Mass-Tort Case
The talc-based mass torts are essentially product liability claims. For a successful outcome, plaintiffs must prove they used the product and sustained harm because of that product (not something else) and prove the defendant’s fault in the matter. Proving the elements of negligence or fault requires:
- Showing the at-fault party had a duty to preserve the safety of the plaintiff. Talc-product manufacturers are responsible for creating and distributing products that will not cause harm
- Proving the at-fault party breached or failed to uphold their duty. In this case, plaintiffs would have to show the talc-product manufacturer did not carefully select talc mining sites and/or did not adequately test their products, and/or did not warn consumers of known potential dangers
- Connecting the defendant’s breach of duty to that harm suffered. Plaintiffs must make a direct connection between their product use to their injuries or illness and show no other factors caused the damage
- Showing the plaintiffs sustained actual harm and losses from using the defective product
When you partner with a Las Vegas talc powder mass tort attorney from H&P Law, you are partnering with an experienced talc powder mass tort lawyer in Las Vegas who knows what evidence you need to prove your case, how to get that evidence, and how to present it. Our firm has extensive resources, giving us access to valuable input from experts and the ability to acquire important information. We have full knowledge of Las Vegas injury law and how mass tort cases proceed.
Though Johnson & Johnson has faced many lawsuits over the past decade and has paid out literal billions in damages, not every case ends in victory for victims. It is important to secure representation from a skilled talc powder mass tort lawyer in Las Vegas. H&P will fight tirelessly to get you the outcome you deserve.
Facing Powerful Adversaries
Mass tort cases are typically against companies or manufacturers with their own powerful representation. Their attorneys and insurance companies will work hard to discredit the plaintiffs’ evidence and dismantle their claims altogether. An experienced talc powder mass tort attorney in Las Vegas will fight to counter these challenges and present convincing evidence the other side cannot deny, protecting your claim and your potential financial award, whether it comes through a settlement or verdict.
We Are on Your Side
H&P Law is dedicated to upholding victims’ rights and getting them justice. When someone else’s negligence or intent causes you injury, that party owes you compensation, and we will fight hard to secure it. We are not intimidated by powerful companies and are ready to put the full power of our own legal knowledge, experience, and resources into your case. Reach out for a free consultation with a Las Vegas talc powder mass tort lawyer from our team today. We are on your side and ready to get to work.
