Kentucky Talcum Powder Lawyer
Disclosure of longstanding manufacturer awareness of the risks associated with talcum powder product use has been the catalyst to a number of high-compensation product liability claims in the past several years. Failure to adequately forewarn consumers about the dangers of these products is now the cause-in-fact behind the decision on behalf of affected plaintiffs seeking just compensation from manufacturers for injury and wrongful death. Manufacturer Johnson & Johnson, party to those claims, has cited nonexistent Federal Drug Administration regulation of a “cosmetic product” as a defense, claiming that warnings are not required under law.
Talcum Powder Injuries
Medical studies shows a near 50% increase in the production of malignant cancerous ovarian tissue in female patients to be closely connected to talc bodies in the tissue. Clinical trials looking at the morbid effects of talc powder on ovarian tissue provide strong evidence of a correlation between talcum powder products and ovarian and uterine cancer incidence in recent lawsuits in the United States. Talcum powder is a magnesium silicate compound used in a range of consumer products marketed by popular brands. Transmission of harmful silica-based, talcum powder to the uterus and fallopian tubes by way of the vagina is thought to be the cause of inflammation leading to cancer.
Johnson & Johnson Product Defect Claims
- The $417 million awarded to an East Los Angeles plaintiff in a California court in 2017 cited a Welsh scientific publication from 1971 linking the risks of talc powders in consumer products.
- In February of 2016, Johnson & Johnson was ordered by a Missouri court to pay $72 million in damages to the family of a deceased woman in a wrongful death claim. Ovarian cancer linked to the deceased’s long-term use of the brand’s talc and baby powder products is cited as the cause death in the lawsuit.
- A plaintiff was awarded $55 million in punitive damages for cancer and other injuries related to the Johnson & Johnson brand’s talcum powder products in May of 2016.
Court rulings on product negligence claims filed against talc powder products manufacturer, Johnson & Johnson in U.S. states since 2016 show that the company had knowledge of the dangers of talcum powder. Manufacturer awareness of the risks of talc powder consumer products presented in those cases includes a 1997 medical consultant description of the dangers of Shower to Shower and baby powder products sold by the company within the organization’s internal communications records.
Product Liability Claims in Kentucky
Kentucky law requires that a court consider comparative fault rules when hearing a product liability claim. Damages for a product negligence claim may be reduced by the percentage of fault assigned to a plaintiff if the court finds that a plaintiff is partly at fault for their own injury. For plaintiffs involved in a talcum powder product liability claim, there are no set limits on damages in Kentucky courts. Pain and suffering damages for medical injuries and related wrongful death claims filed by family members, including hospital bills, funeral costs, loss of consortium, and loss of financial support may attribute to uncapped economic and non-economic compensation. The “statute of limitations” for filing most tort lawsuits in Kentucky is one year after the date of injury.
Filing Kentucky Talcum Powder Injury Claim
Roberts Law Office of Lexington Kentucky specializes in injury law, including product liability. Allow a licensed attorney to assist you and your family members in recovery of just compensation for an injury or wrongful death resulting from talcum powder product negligence. Talcum powder products are now evidenced to be a lead cause of ovarian cancer in female consumers. If you or a family member has been diagnosed with endometrial cancer, epithelial cancer, or ovarian cancer due to extended talcum powder use, we can evaluate your claim and represent you in taking the necessary steps to file a product negligence lawsuit. Contact us now.