Basic Criteria to File Baby Powder Lawsuit In 2024

Have you developed a serious medical condition after using talcum powder (baby powder)? If yes, you may be eligible to file a baby powder lawsuit or to join a class-action lawsuit.

Talcum powder lawsuits are the claims that baby powder manufacturers knew their talc was contaminated by asbestos and could lead to mesothelioma and ovarian cancer. Yet, they did not warn consumers about the risk of talcum powder.

Since 1982, there have been over 30 scientific papers published that show that baby powder contains talc as opposed to cornstarch. As a result, it led to a significant increase in the risk of ovarian cancer. Moreover, if the talc happens to have asbestos in it, it can also lead to the development of mesothelioma, another dangerous cancer that focuses on the lungs.

Most of the traditionally talc-based products use cornstarch or baking soda, rather than using talcum powder in their baby products and other cosmetic powders, such as deodorants. This is why the risk of the deadliest cancers for women is developing at its peak.

To handle your talcum powder cancer lawsuit, you need to reach out to an experienced lawyer who can review the specific diagnosis and the amount of time you used talcum powder. However, it’s important to contact a legal team before the statute of limitation runs out in your state. Your lawyer will draw on:

  • The tests connected baby powder usage to ovarian cancer.
  • The medical records.
  • The results of other lawsuits.

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Do I qualify for a baby powder lawsuit?

The National Law Review outlines the common criteria to file a baby powder claim. It includes: 

  • Use of talcum powder product, particularly a Johnson & Johnson baby powder product.
  • A woman must have had an ovarian cancer diagnosis from 2000 to the present. 
  • Biopsies are also effective to determine if the type of cancer is linked to baby powder or not.
  • The diagnosis of cancer must be at the age of 22 or older and before age 65. In addition, the diagnosis must happen between 22-64 years of age.

The average settlement amount of baby powder lawsuit

  • On October 5, 2020, Johnson & Johnson paid  about $100 million to have a fair baby powder lawsuit settlement of 1,000+ cases.
  • In such circumstances, you should settle lawsuits without any admission of liability and in no way changes your position regarding the safety of their products.
  • According to the recent survey, the average settlement for such cases is about $280,000 per plaintiff. 
  • Depending on the strength of your claim, you will get fair compensation for the baby powder claim.

The baby powders are sold on the shelves without any pharmacy record when purchased. The testimony of regular use by the plaintiff suffering from cancer caused by talcum powder or from their surviving family members is needed to prove the exact product identification.
baby powder lawsuit

What is the statute of limitation in a baby powder lawsuit?

The talcum powder lawsuits are the product liability cases. The statute of limitations is different in each state. Usually, the statutes run from 2-10 years. However, in some states, they have  2-year statutes.

Depending on your situation, the clock may start ticking either from the date of the cancer diagnosis or from the date you found baby powder contributing to the baby’s cancer.

In some cases, family members are filing a wrongful death claim for all the loss of a loved one from mesothelioma or ovarian cancer. These statutes of limitations are shorter, by around 2 years. Most importantly, don’t wait before filing a lawsuit since the statute of limitations for talcum powder could be running. Choosing trained baby powder lawyers in Philadelphia can help you determine the correct time frame for your state.

Qualifications lawyers look for to determine whether a claim has legal merit or not

As there are many types of cancers, the top lawyers will check out the type of cancer you are dealing with.

Patients can file a baby powder claim if they can prove they have a history of talcum powder use.

When does your cancer diagnosis occurred is another factor in whether your baby powder cancer lawsuit has potential or not.

Step-by-step process to file baby powder lawsuit

  • Find skilled baby powder lawyers in Philadelphia with years of experience in these types of lawsuits. Because of their extensive experience in this type of lawsuit, you will be able to get the best results.
  • The talcum powder attorney will analyze your case and start searching for evidence to show how talcum powder has negatively affected you .
  • You will also get an opportunity to answer the lawsuit. For instance, they may agree to settle or decide to go to trial.
  • If they agree to have a fair settlement, your lawyers will negotiate the best settlement possible.
  • However, if your case goes to trial, it will be decided by a jury. Nevertheless, it is important to talk with your lawyers about whether it is better to settle or go to trial.

Why choose Ethen Ostroff Law Firm?

When you hire a lawyer with experience handling talcum powder lawsuits or similar cases, you are putting your case in the hands of someone who has been here before. We know how to put the best evidence forward with the right legal arguments and how to avoid the types of pitfalls that could derail your case.

At Ethen Ostroff Law Firm, we are earnestly working with victims who are harmed with baby powder. In addition, we are committed to fighting for your rights and helping you get maximum compensation for your losses. 

If you want a lawyer who cares about you and the outcome of your baby powder lawsuit, choose Ethen Ostroff. He and his professional connections ensure you get every dollar possible for what you went through.

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