There are several factors that go into determining eligibility for a talcum powder lawsuit. Each law firm and attorney may have different criteria a claim must meet in order for them to move forward with building a case for any potential client. Guidance from an experienced talcum powder attorney is important when pursuing a lawsuit.
Despite issuing a voluntary recall of their Johnson’s Baby Powder product in 2019, Johnson & Johnson still faces tens of thousands of claims where plaintiffs allege the company failed to warn consumers that the talcum powder products may have contained small amounts of asbestos. Not everyone who has used Johnson’s Baby Powder or any other contaminated talcum powder product is eligible to join existing mass tort litigation or file a lawsuit of their own.
Basic Requirements for a Talcum Powder Claim
There are three core elements that go into proving eligibility for a talcum powder lawsuit. First, the plaintiff must have used a talcum powder product known to contain asbestos—generally either Johnson & Johnson Baby Powder or Shower-to-Shower—continuously around their genital area, typically for several consecutive years.
Second, the plaintiff must have a professional medical diagnosis of ovarian cancer and/or mesothelioma relatively recently, so that it falls within statutory time limits for litigation. A capable legal professional can provide more information about deadlines for a particular case during a confidential consultation.
Finally, the plaintiff must have used the talcum powder product prior to entering menopause, although their diagnosis does not necessarily have to occur before this point.
Important Evidence for Proving Eligibility
Thorough medical documentation will almost always be the centerpiece of any talcum powder lawsuit, so it is crucial to collect, organize, and preserve as much of it as possible when trying to establish eligibility. In addition to medical records that identify when a plaintiff was first diagnosed with ovarian cancer and/or mesothelioma, it is also vital to have detailed records of all treatment received for those conditions. Additionally, if an attorney decided to try to move forward with building a claim, they can order medical records on behalf of the injured party. Records should include any family history of cancer and/or talcum powder use, as well as doctors notes about related physical pain and psychological suffering.
A lawsuit must also establish exactly how long a plaintiff used talcum powder and for what purposes. For example, mothers who regularly used talcum powder on their infant children may develop serious health problems by inhaling the airborne particles.
Speak with a Talcum Powder Attorney
When filing suit against a pharmaceutical company, it is important to establish a link between that product and your medical condition. It would be nearly impossible to gather all of this on your own.
However, a lawyer’s support could make all the difference when it comes to determining eligibility for a talcum powder lawsuit. Give us a call or contact us on our website for a free consultation.