Talc Powder Case Evaluation
Legal Implications of Your Ovarian Cancer Diagnosis
In the background of the emotional, physical and psychological trauma of your ovarian cancer diagnosis are potential legal aspects. Beyond the diagnosis, many women question how they developed the cancer in the first place. Often asked are ‘what may have caused my ovarian cancer?’ ‘Was I exposed to some toxin?’ ‘Was I genetically pre-disposed to develop it?’
Women with a history of regular perineal (genital) use (application) of talcum body powders such as Johnson & Johnson's® Baby Powder® and Shower to Shower® should consider this exposure to talc as a potential cause of their ovarian cancer. Epidemiological studies have shown a link between regular perineal (genital) use of talc-containing body powder and ovarian cancer.
Over the last several years, nationwide litigation has been underway in which women allege that their peroneal use of talc-containing baby and body powders caused their ovarian cancers. The main defendants in this are Johnson & Johnson, manufacturer of Johnson’s Baby Powder® and Shower to Shower®, and Imerys Corporation, supplier of talc to Johnson & Johnson. Through the formal “discovery” process in this litigation, internal company documents produced by Johnson & Johnson reveal that company concerns over asbestos-contaminated talc date back several decades and that the company waged a fierce campaign to suppress data, test results, scientific papers and other information that talc in its Baby Powder® contained asbestos.
Assessing the legal implications of a history of regular perineal (genital) use of talc-containing body powder and a diagnosis of ovarian cancer requires a working knowledge of the studies that demonstrate a link between talc and ovarian cancer, experience with product liability law and familiarity with the ongoing litigation against the manufacturers of talc-containing body powders.
Lawyers and law firms that handle these cases usually offer a free evaluation of a potential case to determine whether a lawsuit can be filed. Generally, that involves a review of a woman’s (1) cancer diagnosis; (2) medical history; (3) use of talcum body powder such as Johnson & Johnson’s Baby Powder® and Shower to Shower® Body Powder. If you are thinking about obtaining a free case evaluation, here are a few things to keep in mind:
- Free Evaluation
- Responsible and knowledgeable law firms will not charge to evaluate your case – if a lawyer or law firm asks you to pay a fee before evaluating your case, look for a different lawyer or firm.
- Ask Questions
- Don’t be afraid to ask questions – lawyers and law firms handling these cases welcome questions as they not only help educate you about the legal implications of your ovarian cancer diagnosis, they also provide an opportunity for the law firm to demonstrate its particular knowledge about talcum powder litigation and how to file a lawsuit.
- No Legal Fees Unless You Recover
- Most law firms handling these cases work on a contingent fee basis. That means you will pay no legal fees unless the law firm is successful in obtaining a monetary recovery for you after filing a lawsuit. The legal fee will be a percentage of your recovery – fees vary anywhere but can be as high as 45%. If a lawyer or law firm asks you to pay legal fees before it will handle your case, look for another firm.
- No Costs Unless You Recover
- Law firms handling these cases advance all costs necessary to develop and bring your case. You will only be responsible to reimburse the firm for these costs the law firm is successful in obtaining a monetary recovery for you. Then, the costs will be reimbursed to the law firm out of the recovery. If a law firm asks you to pay costs upfront or to reimburse it for costs whether it obtains a recovery for you, look for another firm.
- How to Get Started
- Law firms handling these cases invite potential clients to submit some basic information on-line (which makes it easier for you and the firm to discuss your potential case). Some firms use TV and other advertising which invites you to call a toll-free number (sometimes these calls are not to a law firm but rather to a phone bank and handled by people who simply write down your information to pass on).
Talc-Ovarian Cancer Litigation Timeline
- November 22, 2013
- Deane Berg brought the first talcum powder lawsuit against Johnson & Johnson after being diagnosed with ovarian cancer. A federal jury sided with Berg, but no damages were awarded, because there wasn’t enough evidence connecting her diagnosis with talc. The jury did state that women should have been warned about the potential risks. Deane Berg continues to speak out about the lack of an ovarian cancer warning on talc-containing powders.
- February 22, 2016 - $72 million awarded
- Jackie Fox was diagnosed with terminal cancer and passed away in 2015 after using Johnson’s baby powder for years. Her family was awarded $72 million dollars when her attorneys proved that Johnson & Johnson knew about studies linking its products to ovarian cancer and failed to warn customers about possible dangers.
- May 2, 2016 - $55 million awarded
- Gloria Ristesund used talc-containing Johnson & Johnson powders for decades before she was diagnosed with ovarian cancer. A state court jury in Missouri found Johnson & Johnson liable for failing to warn about the risk of ovarian cancer posed by talc-containing powder.
- October 27, 2016 – $70 million awarded
- Deborah Giannecchini used Johnson & Johnson’s baby powder for feminine hygiene for more than four decades. She was diagnosed with ovarian cancer and filed a lawsuit against Johnson & Johnson. A state court jury in St. Louis Missouri found Johnson & Johnson was negligent for failing to warn about the risk of ovarian cancer posed by talc-containing powder and awarded her $70million.
- March 3, 2017 – Defense Verdict
- A jury found Johnson & Johnson was not responsible for Nora Daniels’ ovarian cancer.
- May 4, 2017 – $110 million awarded
- A state court jury in St. Louis awarded Lois Slemp $110 million for failing to warn her about the risk of ovarian cancer posed by talc-containing powder.
- August 21, 2017 – $417 million awarded
- A state court jury in Los Angeles California awarded Eva Echeverria $417 million for failing to warn her about the risk of ovarian cancer posed by talc-containing powder. The verdict included $347 million in punitive damages sending a loud and clear message to Johnson & Johnson.
- July 12, 2018 - $4.69 billion awarded
- A St Louis jury reached a unanimous verdict in a products liability case involving 22 women proceeding as joint Plaintiffs against Johnson & Johnson (J&J). The verdict is one of the largest in a products liability case – awarding the 22 plaintiffs $25 million each in compensatory damages and, in addition to that total of $550 million, then awarding an additional $4.14 billion in punitive damages, for a total award of $4.69 billion.
