As more people in the US are filing claims against Johnson & Johnson, stating the pharmaceutical company failed to warn consumers about the potential risks of talcum powder, there have been discussions whether it's better for people to join a class action lawsuit or file independently.
What is a class action lawsuit?
A class action lawsuit is when a group of people who have been negatively affected by the same product or company decide to sue the defendant as a group. By suing as a group, you can pool more resources into one case.
Class action lawsuits are considered to be an effective way of handling cases that have similar grievances and getting compensation for all of the plaintiffs. There are many benefits to joining a 'class action' but when you claim with more people, you could potentially receive lower compensation because the case will be assessed as a whole instead of individually.
Is there a class action lawsuit for talcum powder victims?
So far, there has been no class action lawsuits for women who have developed ovarian cancer as a result of using talcum powder.
Some other class action lawsuits have been made on behalf of people who want refunds from J&J because they bought baby powder without knowing the cancer risks.
From studies and evidence, there is a strong suggestion that Johnson & Johnson were aware of the link between talcum powder and ovarian cancer but chose not to inform their customers or recall their products.
Why are there no talcum powder class action lawsuits for women who have developed ovarian cancer after using J&J baby power?
Currently, there has been no class action lawsuit made on behalf of talcum powder victims. This is because each talc lawsuit should be handled independently. There continues to be discussions and studies on whether talcum powder can cause ovarian cancer so each case has to be examined individually to let the judge and jury decide whether the use of baby powder was responsible for causing cancer.
Due to the fact there are so many factors to consider, it's difficult to submit a class action lawsuit for talcum powder victims; it's easier to file independently. You have a higher chance of winning a higher amount of compensation when filing a lawsuit individually because 'class actions' tend to have higher legal costs and there are more plaintiffs to pay.
For the women who have won compensation from their talcum powder lawsuits, they won because they were able to show sufficient evidence that baby powder caused their ovarian cancer.
How to start a talcum powder lawsuit
If you are looking to start a talcum powder lawsuit to claim compensation, we currently offer free case consultations. Our attorneys can look over your case and determine whether your case has a good chance of success.
At Coxwell & Associates, PLLC, our attorneys have helped many Mississippians achieve compensation. We have worked on many high profile cases. We're here to help you get the compensation you deserve.
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Disclaimer: This blog is intended as general information purposes only, and is not a substitute for legal advice. Anyone with a legal problem should consult a lawyer immediately.