Claims that Johnson & Johnson’s famous talc-based baby powder has caused cancer are mounting. J&J pulled the product from shelves last month, but a look similar litigations suggest the talcum battle will last years or even decades.
Thousands of baby powder consumers who have developed ovarian cancer, mesothelioma, and other injuries are attributing their illness to J&J’s product. Cancer takes years to develop, which means new claims are expected to appear well into the future.
Asbestos settlements have demonstrated why diseases with a delayed onset make the lawsuit process more complicated. Lawyers in a mass tort litigation know that there will be more victims in the future but can only work with those who have already gotten sick. It also makes finding scientific evidence a longer and more rigorous endeavor.
The company’s decision to pull the product from shelves was very strategic, according to Jean Eggen, professor at Widener University Delaware Law School: “I felt J&J definitely is sending a strong signal that they’re interested in minimizing their litigation liabilities… I could see settlements in existing litigation as the next step.” Johnson & Johnson representatives have already denied that removing the product was related to the lawsuits.
It’s hard to predict how discontinuing the baby powder will play out in trial. The subsequent remedial measures doctrine says that removal of a defective product cannot be used to prove that the product was necessarily defective. On the other hand, jurors may still view the pull as damaging to the defendants.
Some asbestos companies have thoughtfully picked their battles, winning lung cancer claims but settling with mesothelioma lawsuits. Johnson & Johnson may go a similar route.
If you or someone you know has developed cancer or another injury after using Johnson & Johnson’s baby powder, contact a talcum powder lawyer to see if you’re eligible for compensation.
TorHoerman Law was responsible for handling a medical case for our family. I was extremely impressed with their professionalism and ability to react quickly. They also did a nice job keeping us updated with the case throughout the process. This was the first time experiencing a situation like this and Tor Hoerman law did an excellent job from start to finish.
TorHoerman Law is an extraordinary law firm – a firm that truly makes the client’s best interests the primary concern. Their team of personal injury lawyers are experienced, personable, and well versed in a range of litigation areas. They are supported by a dedicated team of staff that are as equally friendly and helpful. I would recommend TorHoerman Law for any personal injury litigation needs.
All of my questions were answered quickly and in a way I could understand. Steve and the entire staff were friendly and professional.
I highly recommend this law firm! The attorneys and staff at THL worked hard, communicated every step of the process, kept me well informed at all times, and exceeded all expectations! The staff is kind, considerate, professional, and very experienced. Look no further, call now!
Top-notch, hardworking attorneys!
A wonderful and professional legal team. They helped me when I needed expert legal representation! Thank you TorHoerman Law!
They contacted me the next day. Very nice people!
The firm went above and beyond. Thank you for everything.
The attorneys at THL were extremely helpful with the legal aspects of setting up my small business.