Essential Legal Elements Necessary for Talcum Powder Lawsuits: Important Information for PlaintiffsJuly 20, 2017
When use of talcum powder results in ovarian cancer, affected women may have legal recourse to hold the talc powder manufacturer accountable – and to seek financial recovery for their injuries.
To have a valid claim, however, some specific factors must apply. Understanding these factors can be important to protecting your rights and the value of your potential claim if you have been diagnosed with ovarian cancer after use of talcum powder.
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5 Factors that Are Essential for Talcum Powder Lawsuits
The elements that are fundamental to the validity of a talcum powder lawsuit include:
- Proof of actual injury – This typically requires medical evidence to establish the presence of a physical injury or ailment, like ovarian cancer. Diagnostic test results, biopsies and doctors’ reports can all be important proof of actual injury suffered by the plaintiff (i.e., the individual bringing about the lawsuit).
- Proof of product defects or dangers – This proof should highlight the nature of the risks associated with talcum powder and how a manufacturer’s negligence was involved. While such negligence can include use of toxic ingredients in talcum powder, it can also involve evidence that a manufacturer of talcum powder (like Johnson & Johnson):
- Failed to test the safety of its product
- Failed to warn the public about the known risks associated with the product
- Failed to explain how to properly use or how to avoid using a product
- Overstated the efficacy and/or safety of the product.
- Proof that product defects or risks caused the alleged injury – The link between use of talc powder and greater risks of ovarian cancer have been affirmed by various research. These findings, as well as expert witness testimony, can be central to establishing that use of talcum powder directly contributed to the development of ovarian cancer.
- Proof that the product was used as intended – In other words, a plaintiff must have used talcum powder as the manufacturer instructed in order for a claim to exist. If an injury has resulted from misuse or reckless use of talc powder, the injured party will likely not have a claim. Product labeling, manufacturer’s guidelines and plaintiff testimony can be helpful in proving that talcum powder was used appropriately and that proper use of the product caused the injury.
- Filing the lawsuit within the necessary statute of limitations – Talcum powder lawsuits (and other product liability claims) are subject to strict filing deadlines (set by state law). This means that injured parties have a limited amount of time within which to file an injury claim and seek compensation. Missing these deadlines and trying to file a claim after the statute of limitations has expired can be grounds for dismissal of a claim (limiting or precluding a plaintiff’s options for financial recovery).
An attorney at the Amaro Law Firm can be pivotal to establishing the validity of your claim and helping you successfully navigate the recovery process.
Don’t Compromise the Value or Success of Your Claim: Contact a Talc & Personal Injury Lawyer at the Amaro Law Firm
A talc & personal injury lawyer at the Amaro Law Firm is ready to discuss your potential claim and recovery options.
To set up a free, no obligations consultation with us, call (713) 352-7975, text (281) 612-8024 or email our firm. If you are unable to visit our offices, we offer virtual consultations, and we can travel to your location.
The attorneys at the Amaro Law Firm are known for providing exceptional representation and advocacy to those who have been hurt by dangerous and toxic products. Our record of success in product liability and personal injury cases has earned us 5-star ratings on Google and Facebook.
In talcum powder lawsuits, we represent clients throughout the U.S.