The 9th U.S. Circuit Court of Appeals will hear a lawsuit over talcum powder contamination containing asbestos and other substances. The lawsuit was filed by two California women, Louisa Gutierrez and Debbie Luna. After the lower court tossed their case, the plaintiffs' attorneys decided to pursue the case in hopes of winning a verdict. According to the consumers, the manufacturers lied about the safety and purity of their products and caused the ovarian cancer.
The plaintiffs filed lawsuits in California and Missouri in 2006 after being diagnosed with ovarian cancer. They presented scientific evidence of the dangers, proving that Johnson & Johnson knew about the risks and did not warn its customers. A jury awarded the plaintiffs nearly $4 billion in damages, most of which was in the form of punitive damages. The massive verdict brought attention to talcum powder's link to cancer.
The company has denied the claims, stating that their advertisements did not contain asbestos. The plaintiffs' lawyers said they did not know the content of the advertisements, and provided their own interpretation of the ads. Other claims, based on the plaintiffs' claims, have been dismissed. In addition, the company has sought to evade liability by spin-offs, bankruptcy, and other methods. Despite these challenges, the case is a landmark victory for the class-action plaintiffs.
The EPA has declared asbestos to be a carcinogen. In fact, a California jury awarded the family of a woman who died of ovarian cancer after using talcum powder. A Los Angeles woman who had terminal ovarian cancer in 2007 was awarded $417 million, and a Virginia woman was awarded $110 million. In addition, 22 women in Missouri received a collective payout of more than $469 billion. While there have been many awards, many of the cases were dismissed or ruled invalid due to lack of evidence. Therefore, filing a talcum powder class action lawsuit requires the expertise of an experienced and successful legal team.
In addition to individual cases, talcum powder class action lawsuits are filed in Virginia, Maryland, and DC. Several large jury verdicts have been awarded to the plaintiffs. In fact, the resulting massive awards may force the companies to pay a substantial settlement amount. Hundreds of people have filed similar lawsuits against the companies, but few of them have had their case settled. They are still waiting for a trial to determine the liability of these companies.
As of August 2017, thousands of talc powder class actions were consolidated in the federal district of New Jersey. There are still many individual talc suits pending in state courts. Despite the numerous talc-related claims, the trial is expected to take place in two to four months. While the timeline for a TalcumPowder Class Action is extremely limited, there is some hope for a successful outcome.
