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Who Qualifies for a Talcum Powder Lawsuit?

On this page, we will look at who qualifies to file a talcum powder lawsuit. We will summarize the basic eligibility criteria that our firm is applying to screen potential talc lawsuits; and we will describe the relevant injuries associated with these cases.

About the Talcum Powder Lawsuits

Talcum powder is a mineral-based powder made from talc, a naturally occurring mineral. Talc is composed of magnesium, silicon, and oxygen. The powder has a soft, silky texture and is widely used in various cosmetic and personal care products. Talc is a common ingredient in cosmetic products such as baby powder, body powders, and face powders. It is used for its ability to absorb moisture and provide a smooth texture.

Fairly recently it was discovered that raw talc is frequently tainted with small amounts of asbestos. Both asbestos and talc are naturally occurring minerals extracted from the same areas of the earth. Some sources of talc used in consumer products were found to be contaminated with asbestos, a well-known carcinogen. This contamination meant that individuals using talcum powder products daily were unwittingly exposing themselves to asbestos for an extended period.

Scientific evidence has specifically linked prolonged use of talcum powder products to ovarian cancer and mesothelioma, a rare cancer caused exclusively by asbestos exposure.

For women who apply talcum powder products to their vagina regularly, such as baby powder or shower-to-shower, there is a potential risk of developing ovarian cancer. Specks of talc can migrate into the ovaries from the fallopian tubes with consistent use, where these hazardous talc particles may persist for years, ultimately leading to ovarian cancer. Studies indicate that the regular use of talcum powder products can significantly elevate the risk of ovarian cancer.

The evidence indicating a connection between regular use of talcum powder products and the development of mesothelioma and ovarian cancer has led to a surge in talcum powder lawsuits nationwide. Primarily, these lawsuits have been directed at Johnson & Johnson, which manufactured some of the most widely used talcum products such as Baby Powder and Shower-to-Shower. However, other companies have also been named as defendants in talcum powder lawsuits.

The legal claims in these talc lawsuits contend that J&J and other talc manufacturers were aware, or should have been aware, of the potential hazards associated with talc for an extended period. The lawsuits claim that the talc manufacturers neglected to adequately warn consumers about these risks.

In federal courts, the talcum powder lawsuits against J&J were consolidated into a class action Multidistrict Litigation (MDL) situated in the District of New Jersey. Presently, the talcum powder MDL encompasses nearly 50,000 cases, establishing it as the second largest consolidated mass tort in the United States.

Who is Eligible to File a Talcum Powder Lawsuit?

In order to be eligible to file a talcum powder lawsuit and participate in any global settlement, potential claimants need to meet certain requirements. The basic eligibility requirements our firm uses are as follows:

Regular Talcum Powder Use for 2-Years: The first criteria to be eligible to file a talcum powder lawsuit is that the claimant must be able to prove that they regularly used talcum powder products (e.g., Baby Powder) for a period of least 2 years. Regular use means either daily or several times per week.

Diagnosed With Qualifying Injury: Potential talcum powder plaintiff must also be able to show that at some point after they regularly used talcum powder products for 2 years, they were diagnosed with one of 2 qualifying injuries: (1) ovarian cancer, and (2) mesothelioma.

Injuries Associated With Talcum Powder

There are 2 types of cancer that have been linked to talcum powder use are ovarian cancer and mesothelioma. These are the primary injuries at issue in the talcum powder litigation.

Ovarian Cancer

Ovarian cancer originates in the female ovaries. Ovarian cancer is not very common. It accounts for only around 1% of new cancer cases, with an estimated 19,000 new cases projected in 2024.  This equates to about 10.6 out of 100,000 women receiving an ovarian cancer diagnosis yearly, resulting in a death rate of 6.3 per 100,000 women and a survival rate of 49.7%.

Unfortunately, ovarian cancer has a relatively low survival rate. The primary reason for this low survival rate is that ovarian cancer has minimal symptoms early on. As a result, it is usually not diagnosed until it has already advanced to later stages. Just 20% of ovarian cancer cases are diagnosed at Stage 1. This is why ovarian cancer is often called the “silent killer.”

There are different types of ovarian cancer, and they are classified based on the specific cells from which the cancer originates. The most common type is epithelial ovarian cancer, which arises from the cells covering the outer surface of the ovaries. Other less common types include germ cell tumors and stromal tumors.

There is very strong scientific evidence linking ovarian cancer to talcum powder. Studies have shown that women who have used talcum powder are about 30% more likely to be diagnosed with ovarian cancer than women who have not.6,7 This means that over her lifetime, a woman who uses talcum powder increases her chances of developing ovarian cancer from 1.3% to 1.7%.

Mesothelioma

Mesothelioma is a rare and aggressive type of cancer that primarily affects the thin layer of tissue surrounding the lungs, abdomen, heart, or testicles. The most common form is pleural mesothelioma, which occurs in the lining of the lungs (pleura). Other less common types include peritoneal mesothelioma (abdominal lining), pericardial mesothelioma (heart lining), and testicular mesothelioma.

The primary cause of mesothelioma is exposure to asbestos, a naturally occurring mineral that was widely used in various industries for its heat-resistant and insulating properties. When asbestos fibers are inhaled or ingested, they can become lodged in the lining of organs, leading to inflammation, scarring, and the development of cancerous cells over time. Mesothelioma is one of the most dangerous types of cancer. It has lowest survival rate of any cancer.

It is now well established that for many years talcum powder products frequently contained trace amounts of asbestos. Asbestos and talc are both minerals that come from similar places and it turns out that certain sources of raw talc were contaminated with asbestos. The scientific evidence showing that asbestos causes cancer is overwhelming. There is also evidence linking exposure to asbestos in talcum powder to mesothelioma.

In the talcum powder litigation, the mesothelioma cases are far less common than the ovarian cancer cases. However, the mesothelioma cases have a much higher potential value.

Call Us About a Talcum Powder Lawsuit

If you used a talcum powder product for an extended period and were subsequently diagnosed with ovarian cancer, call our talc lawyers at 888-310-3032 or contact us online.

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