When looking to start a talc lawsuit against Johnson & Johnson, you need to consider what you want to claim for. Just like with any type of personal injury case, your attorney will help you determine what type of compensation you want to claim and how much you think the defendant, in this case Johnson & Johnson, should pay.
In previous successful talcum powder lawsuits, some women have won large compensation amounts.
The family of Jacqueline Fox was awarded with $72 million. Fox claimed her cancer was caused by life long use of talcum powder and her attorney argued that J&J were aware of the risks but chose to protect their profits rather than warn their consumers of the dangers.
Gloria Ristesund received $55 million after she had to have a hysterectomy and other surgeries because she had developed ovarian cancer.
Deborah Giannecchini was awarded $77 million in compensation for her ovarian cancer, she argued J&J were guilty of 'negligent conduct' and continued to market their baby powder aggressively even though they were aware of the risks.
What compensation can I claim for in my talc lawsuit?
When starting your talcum powder lawsuit, you will sit down with your attorney and discuss what you want to claim for.
Here is what you could potentially claim for:
Compensation for general damages
When you've been diagnosed with a life-threatening disease, like ovarian cancer, it's likely you've had to take time off work for hospital appointments and have time to recuperate. It's possible you've had to leave work altogether. You can claim compensation for loss of earnings.
Medical bills are a huge expenditure, especially when you're dealing with a long term health issue. By claiming compensation for medical expenses you can reclaim money you have lost and ask for compensation for future medical bills.
If you need to have additional care or aid because of your illness, you can claim compensation to pay for these aid services.
Pain or suffering
While it is difficult to calculate an amount, you could claim compensation for any loss of enjoyment in life or pain and suffering you've faced. Ovarian cancer is a serious and painful disease that can cause physical and emotional turmoil. You can ask to be compensated for the pain you've suffered.
If your case wins, the opposite side will have to pay for all your legal fees. This will be determined by your attorney and their firm.
Unlike the above mentioned, punitive damages is an amount decided by the jury (or judge) in court, not you or your attorneys. Punitive damages are designed to punish the defendant, to deter them from repeating their actions.
Find out if you're eligible to file a talc lawsuit
Before you can file a lawsuit, you need to find out if you're eligible to file a talcum powder lawsuit. You can do this by speaking to an attorney or completing a free eligibility test.
Successful talcum powder cases show that people are receiving compensation for Johnson & Johnson's negligence. J&J decided not to tell their consumers of the risks between baby powder and ovarian cancer, and they should be punished for it.
If you have used talcum powder as part of your feminine hygiene for years and you believe your cancer was caused by talc, then you must find out if you're eligible to claim. You don't want to miss the opportunity to claim compensation.
Use our free eligibility checker
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.