Can You Sue Johnson & Johnson for Talcum Powder Injuries?

Hands Holding Talcum-Based Powder From Johnson and JohnsonYou may have seen the headlines. Large jury verdicts have been returned for people who have developed ovarian cancer or mesothelioma after using Johnson & Johnson’s talcum-based baby powder. You’ve used the same kind of baby powder, and you may be wondering if you have a lawsuit that is worth pursuing.

Important Things to Consider Before Suing Johnson & Johnson

To recover damages in a lawsuit against Johnson & Johnson, you have to prove that the company’s talcum-based baby powder caused your cancer diagnosis. To do this, you will need to present convincing evidence about:

Your Talcum Powder Use

There are many different causes of cancer. Sometimes a person develops cancer because of a genetic predisposition to the disease or environmental factors, and other times the cause of the cancer is never known.

If you want to recover damages from Johnson & Johnson, then you must convince the court that it is more likely than not that Johnson & Johnson’s talcum-based baby powder caused your cancer. However, no one expects you to have receipts or empty baby powder containers dating back two or more decades.

Instead, you may be asked to provide information under oath to establish that your ovarian cancer or mesothelioma was caused by Johnson & Johnson’s talcum powder. In an affidavit, written interrogatories, deposition, or court testimony, you may be asked questions about:

  • How often you used Johnson & Johnson’s talcum-based baby powder. This includes how many times a day or week you used the product and how many years you used the product.
  • Whether you also used other brands of baby powder or other Johnson & Johnson products. If you also used other brands or if you also used Johnson & Johnson’s cornstarch-based baby powder, then the court will want to know that.
  • How you used Johnson & Johnson’s talcum-based baby powder. You will need to present evidence about where on your body you used the baby powder. If you used it on your genitals or in your underwear, then it may have caused ovarian cancer, and if you breathed it in while applying to your body then it may have caused mesothelioma.

Additionally, your lawyer may suggest expert witness testimony, other witness testimony, or other evidence that could corroborate your account of how you used talcum powder. Your lawyer will also present scientific evidence about the dangers of talcum powder.

Your Cancer Diagnosis

Once you establish that you used Johnson & Johnson’s talcum-based baby powder regularly, you will need to prove that you have ovarian cancer or mesothelioma because of your exposure to the baby powder.

Your medical records include the diagnostic tests that resulted in your cancer diagnosis. Therefore, it isn’t difficult to prove that you have cancer. The hard part is establishing why you have cancer. Your medical records and your doctor’s testimony can rule out other potential causes of your cancer.

The timing of your first cancer symptoms and your diagnosis date are relevant to your claim because you have only a limited amount of time—determined by the state statute of limitations—to file your lawsuit against Johnson & Johnson.

Get Personalized Information About Your Unique Case

Every talcum powder injury case will require information about how the plaintiff used the talcum-based baby powder and the plaintiff’s medical diagnosis. A dedicated and compassionate attorney will get to know you and how talcum powder affected you personally so that convincing evidence can be presented to Johnson & Johnson and the court.

At Keefe Disability Law, our job is not to represent everyone who may have been hurt by Johnson & Johnson’s talcum-based baby powder. Instead, our job is to represent you. Call us today to schedule your free initial consultation. Tell us your story, and we will provide you with the honest and trustworthy information that you need to make an informed decision about pursuing legal action. We can be reached any time through this website or by phone.

 

John L. Keefe
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Founding Attorney, Massachusetts Social Security Disability Lawyer