When you buy a product, you buy it with the reasonable expectation that it will work correctly and 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 products’ safety, and consumers became seriously ill.
If you developed an illness from using a talc powder product, a talcum powder lawyer in Las Vegas from H&P Law can help you seek recovery by joining a mass tort lawsuit.
Our Las Vegas mass tort lawyers have over 60 years of combined experience. We can review your case and advise you of your options. Call us today for a free consultation.
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. “Mass tort” cases are those involving multiple plaintiffs who all suffered injury from a common, single tort inflicted by one or more defendants.
Often, these are lawsuits filed against product manufacturers whose products contain a defect that harms multiple consumers. A pharmaceutical drug used by many may later prove to cause permanent, debilitating side effects among those who took the medicine, for example.
After considering the number of plaintiffs and the consistency of their injuries, among other factors, 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.
Our personal injury lawyers in Las Vegas can explain how joining a mass tort works and explore options for seeking compensation.
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 a Food and Drug Administration (FDA) news release in 2019, “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.
Current Talc Powder Lawsuits
The FDA has been testing talc products for asbestos since 2018. Since then, various products, most notably Johnson & Johnson’s baby powder, have been found to be contaminated. By the time 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 the company’s baby powder caused her ovarian cancer. Her case was dismissed, but other cases have been successful.
In 2018, 22 plaintiffs in a consolidated trial against the company were awarded $550 million in compensatory damages and $4.14 billion in punitive damages, according to research published by the National Library of Medicine (NLM). Plaintiffs argue these manufacturers:
- Failed to properly test and purify talc products.
- Did not disclose the risk of asbestos contamination.
- Continued selling products despite knowledge of the health risks.
Our Las Vegas talcum powder attorneys can determine if you qualify to join an ongoing Johnson & Johnson lawsuit, participate in another current talc-related lawsuit, or pursue other legal actions to secure the compensation you deserve for your injuries.
Other Talc Powder Lawsuits
Several companies besides Johnson & Johnson face talcum powder lawsuits, including Colgate-Palmolive, which is accused of selling asbestos-contaminated Cashmere Bouquet, linked to mesothelioma and ovarian cancer.
Imerys Talc America filed for bankruptcy in 2019 after lawsuits claimed it supplied asbestos-tainted talc, leading to a victim compensation fund. Whittaker, Clark & Daniels has also faced lawsuits, with multimillion-dollar verdicts for mesothelioma claims tied to its talc products.
Proving a Talc Powder Mass-Tort Case
Talc-based lawsuits are essentially product liability claims. For a successful outcome, plaintiffs must prove they used the product and sustained harm because of that product and prove the defendant’s fault in the matter.
Proving the elements of negligence in a personal injury case related to talcum powder requires:
- Showing the at-fault party had a duty to preserve the safety of the plaintiff. 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, 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 and their injuries or illness and show no other factors caused the damage.
- Showing the plaintiff(s) 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 team of attorneys that knows what evidence you need to prove your case, how to get that evidence, and how to present it.
It’s important to speak with a lawyer as soon as possible since Nevada law generally allows victims two years to file a claim under Nevada Revised Statutes (NRS) § 11.190(4)(e). However, the timeline may vary based on when your illness was diagnosed or when you became aware of your exposure to harmful substances.
Why Choose Our Talc Powder Lawyers in Las Vegas?
Though Johnson & Johnson has faced many lawsuits over the past decade and has faced billions in verdicts, not every case ends in victory for victims. It is important to secure representation from an experienced talc powder lawyer in Las Vegas.
H&P Law will fight tirelessly to get you the outcome you deserve. Our firm has extensive resources, giving us access to valuable input from experts and the ability to acquire important information.
Nationally Recognized Legal Team
Our team provides over 60 years of combined experience and has earned honors such as Super Lawyers Top Rated, Avvo’s 10.0 Superb Rating, and the National Trial Lawyers Top 100, along with other prestigious awards.
Experience 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 attorney in Las Vegas can 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.
Our team brings over 60 years of combined legal experience and a proven track record of results, recovering more than $100 million for our clients. This includes major victories like $21 million for a semi-truck accident, $10.8 million for a trampoline injury, and $7 million for a motorcycle wreck.
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 may owe 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. Our Las Vegas talc powder mass tort lawyers are on your side and ready to get to work.
