So far in the US, thousands of talcum powder lawsuits have been filed against Johnson & Johnson. They claim J&J Baby Powder and/or Shower to Shower talcum powder products increase the risk of ovarian cancer when used for feminine hygiene. They also claim J&J knew the risks but kept them from their consumers.
However, how can you prove your ovarian cancer was caused specifically by talcum powder?
One of the main problems facing people who want to file talcum powder lawsuits is they have to prove that using talc for feminine hygiene was the central cause of their ovarian cancer.
Saying you have used talcum powder every day for almost twenty years won’t be enough to prove your case to a judge and jury. In March 2017, Nora Daniels’ lawsuit against J&J went to court in Missouri. She had been using J&J Baby Powder for over thirty-six years and was diagnosed with ovarian cancer in 2013. However, the case was ruled in favour of Johnson & Johnson.
Although there is strong and supported research that there is a link between talcum powder use and cancer, the subject is still being debated. Studies going back as far as the 1970s show that there were cases where talc particles were found in ovarian cancer cells. There is also evidence that J&J were aware of the potential risks but decided to keep them from their consumers.
There has been no class action talcum powder lawsuits because there are so many factors to consider, each talcum powder lawsuit has to be looked at individually. If you believe talcum powder is to blame for your ovarian cancer, then you will need to be able to provide proof.
What causes Ovarian Cancer?
The causes of most ovarian cancers is still relatively unknown. Ovarian cancer can occur if you’ve inherited gene mutations that can cause cancer. In many cases, DNA mutations caused by external factors are responsible for affecting the genes and causing cancer. However, studies are still struggling to determine which external factors are definitely responsible, it will take more time and more research to get a definitive answer.
From successful talcum powder cases against Johnson & Johnson, some women have already won compensation because they had enough proof to show a jury there was certainly a link between their ovarian cancer growth and talcum powder use.
How to prove your ovarian cancer was caused by years of talcum powder use
If you have ovarian cancer and you believe talcum powder was the responsible factor, you could file a talcum powder lawsuit.
But first, it’s important to explore other possibilities to ensure there is not another plausibility factor that could be responsible for your cancer diagnosis. It is recommended you have a BRCA test. This test is designed to investigate your family genes to determine whether you were more vulnerable to developing a particular type of cancer. Most attorneys will want to see you have had a BRCA test and your results were negative to show you were not more genetically at risk and would have likely developed cancer in your lifetime.
Speak to an experienced attorney
Next, it’s important you speak to an attorney. Having a consulation will give you the opportunity to get legal advice and they will be able to assess your case to determine whether you can file a talcum powder lawsuit.
At Coxwell & Associates, PLLC, we offer free case consultations. This means you can speak to us free of charge and one of our talcum powder lawyers will be able to look over your case.
We firmly believe Johnson & Johnson acted negligently by ignoring previous talcum powder and ovarian cancer studies. They did not even recall their products or provide a risk warning for their consumers.
If you or a loved one has been negatively affected by talcum powder, please get in contact with us. We can provide a free case consultation to examine your case and determine whether you have a lawsuit against Johnson and Johnson.
Alternatively, you can also use our free eligibility checker. This is a free test you can use to find out if you’re eligible to file a talcum powder lawsuit.
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.