Should You File a Talcum Powder Lawsuit?

March 13, 2020 | Mass Torts,Talcum Powder

For decades, people everywhere have used baby powder to help keep themselves and their babies dry, while also preventing rashes or skin irritation. However, the main ingredient in baby powder called talc can be extremely dangerous and even deadly when inhaled. Talcum powder manufacturers are currently facing thousands of talcum powder lawsuits, all similarly alleging that their talcum powder products have caused the claimants’ cancer. If you use or have regularly used talcum powder, and developed cancer, you may have a mass tort case

talcum powder lawsuit lawyer

Who Can File a Talcum Powder Lawsuit?

Any individual who has used talcum powder in the past and has since been diagnosed with ovarian cancer or mesothelioma may be eligible to file a talcum powder lawsuit. Similarly, so may their family members if the individual has lost his or her life to cancer caused by talcum powder. 

Ovarian Cancer

Cases claiming ovarian cancer linked to a talc-containing product, typically involve women who have used the product in their genital area either on a daily basis or close to it. Talc particles can enter the female reproductive system then travel to the ovaries, causing an inflammatory reaction and resulting in the growth of epithelial ovarian cancer. The lawsuits do not include women who have consistently used powders created from cornstarch, since they do not contain talc.     

Mesothelioma 

Talc products have also been associated with containing asbestos, which is a naturally-occurring mineral and known carcinogen. When applying talcum powder, the product can become airborne and then inhaled. When ingested the mineral along with talc can cause inflammation in the lungs and lead to cancerous tumors. As a result, consumers who have developed mesothelioma after consistently using a talc-containing product may be able to file a lawsuit.     

If you’ve developed ovarian cancer or mesothelioma after using talc-containing products, have a lawyer evaluate your case to discuss your legal options.  

Talc Products Named in Lawsuits

The talc products that have been most commonly implicated in cancer lawsuits, include: 

  • Johnson & Johnson: Johnson’s Baby Powder and Shower to Shower
  • Colgate-Palmolive: Cashmere Bouquet
  • Imerys Talc North America: Raw industrial and cosmetic talc
  • Whittaker, Clark & Daniels: Raw cosmetic talc
  • Vanderbilt Minerals: Raw industrial talc

Is There a Statute of Limitations for Talcum Powder Lawsuits?

There are statutes of limitations in place for talcum powder lawsuits, and they can vary in each state. The statute of limitations is a law that sets a time limit for filing a personal injury lawsuit, and often ranges between two to four years. In Texas, victims are allowed two years to pursue a talcum powder lawsuit. After this period is over, individuals no longer have the right to file a compensation claim or seek relief, unless the case falls under the discovery rule. Since medical conditions can take years to develop, there is a legal exception that can extend the time limit, by triggering the statute of limitations once the injury (cancer) is discovered or should have been discovered.  

Compensation for Talcum Powder Victims

No amount of money can undo or make up for a cancer diagnosis, but compensation can help victims and their families recover financially. If you or a loved one has suffered from cancer related to talcum powder, you have the right to recover damages for the medical expenses, lost income, and any other losses you have sustained as a result of the disease. Schedule a free case evaluation with the Dunken Law Firm today so we may help you hold the responsible parties accountable.