Talcum Powder Mesothelioma Lawsuit

Mesothelioma is an aggressive form of cancer that attacks tissue around an individual’s lung. The most common cause of this diagnosis is exposure to asbestos, especially for those working in construction or another industrial type of job. Another potential cause most people are unaware of is the long-term use of talcum powder products.

At Stern Law, we believe in holding those responsible for their careless actions. If you used talcum powder and developed mesothelioma, you might qualify as a plaintiff in a mass tort lawsuit. Currently, there are thousands of people across the United States suing manufacturers of products containing talcum powder.

To find out how Stern Law can help you in your talcum powder lawsuit, call us to receive a free consultation. We operate on a contingency fee basis, which means that we won’t charge you anything, unless we win the case. Call us today to learn more about your rights.

Talcum Powder: What It Is and How it’s Used

Talc is a mineral made into powder and used in a variety of products. Its most popular use is in baby powder to absorb moisture and reduce friction. Talc is a common ingredient in beauty and hygiene products, such as:

• Baby powder
• Body power
• Foundation
• Dry shampoo
• Eye shadow
• Bronzer and blush
• Children’s cosmetics

It’s surprising to think that a mineral used in everyday products could cause Mesothelioma. Until recently, no one knew about the dangers of talcum powder. Many thought asbestos exposure was the only link to the deadly form of cancer.

The Link Between Talcum Powder and Mesothelioma

In 1973, federal regulations required manufacturers of talcum powder products to ensure there was no asbestos contamination. The regulation occurred after findings that talc led to lung cancer, mesothelioma and other types of cancers. Extensive research shows that many products containing talcum powder had levels of asbestos contamination.

Despite the regulations, talcum-based products on shelves today still contain asbestos. Many companies test their products with less-advanced methods and don’t properly regulate asbestos contamination. The lack of regard for consumers’ health led to many people developing mesothelioma from consistent use of talcum powder products.

Mesothelioma Facts and Symptoms

Mesothelioma is a type of cancer that affects the thin membrane that protects different organs, including the abdomen, heart, and lungs. The various stages of cancer determine how far the cancer has spread from the site where it first developed.

Stage 1: The cancer is only in one area of the body and has not spread to the lymph nodes.
Stage 2: The mesothelioma is still only on one side of the body but spread to nearby lymph nodes.
Stage 3: There are significant signs of spreading to lymph nodes and surrounding organs.
Stage 4: The cancer spread to the other side of the body, lymph nodes, and organs.

In its early stages, mesothelioma causes symptoms similar to asthma or pneumonia. The most common symptoms people experience include:

• Persistent cough
• Chest pain
• Fatigue
• Difficulty breathing
• Fever
• Weight loss

Once mesothelioma progresses and becomes more advanced, the symptoms occur frequently and are more specific than early symptoms. These include:

• Increased fatigue
• Coughing up blood
• Difficulty swallowing
• Fever
• Night sweats
• Pleural effusions

Undergoing a medical evaluation to determine if you have mesothelioma and how advanced it is could help in creating the best treatment plan. Diagnostic testing is effective in confirming the growth and spread of a tumor and the stage of the mesothelioma.

What Is a Product Liability Claim?

If you’ve been hurt or have developed an illness due to a hazardous product, you could be owed compensation. Specifically, if you developed mesothelioma as a result of using a talcum powder product, you could potentially file a product liability claim against the manufacturer.

If you want to pursue a product liability case, you must prove negligence, strict liability, or breach of warranty. There are specific elements of each claim that requires the submission of sufficient evidence showing how the manufacturer’s product caused your mesothelioma.

Negligence

• The company owed you a legal duty of care;
• The company breached that duty by acting or failing to act in a specific way;
• The action or inaction caused your illness; and
• As a result, you developed mesothelioma and damages.

Strict Liability

It’s not necessary to prove the manufacturer of the talcum powder product you used was careless or negligent as long as the following circumstances exist:

• The product contained a dangerous defect that caused your illness;
• You developed a disease while using the product for its intended use; or
• After purchasing the product, the condition of it didn’t substantially change.

Breach of Warranty

A warranty is a guarantee made by the seller of a product. If the product fails to meet those standards, that’s a breach of warranty.

Express Warranty: A representation or statement, orally or in writing, by a manufacturer or seller that the product will meet specific standards and contains certain characteristics. To prove a breach of express warranty, you must prove the following:

• The manufacturer or seller made an express warranty;
• You relied on the warranty;
• The product you used didn’t meet the express warranty;
• The product didn’t meet the express warranty when it left the manufacturer’s or seller’s control; and
• The failure to meet the express warranty contributed to your mesothelioma diagnosis.

Implied Warranty: A warranty that requires a product to be fit for its intended purpose or use. If you want to pursue a lawsuit based on an implied warranty, you must prove the following:

• The product wasn’t fit for its use or purpose, or any use foreseeable by the manufacturer;
• The product wasn’t fit for its intended purpose or use, or a use foreseeable by the manufacturer at the time it left the manufacturer’s control; and
• The breach of implied warranty directly contributed to your development of mesothelioma.

Stern Law will thoroughly investigate your specific product liability case to determine the best course of action for your claim.

Damages in a Talcum Powder Lawsuit

The damages you can claim in a lawsuit against the manufacturer of your talcum-based product may include:

• Medical costs
• Lost wages
• Loss of future wages
• Emotional distress
• Physical pain and suffering
• Impairment or disfigurement
• Loss of consortium

The compensation you receive for your total damages depends entirely on the facts of the case. If you can provide substantial evidence that supports your claim, you could potentially win a financial award that covers your losses.

The factors that could potentially determine how much compensation you receive in a lawsuit include:

• The stage and progression of your mesothelioma diagnosis
• Duration of treatment required
• Permanent or long-term effects of your illness
• Amount of time away from work because of treatment or symptoms of the cancer
• Total expenses resulting from the diagnosis
• Future costs for treatment, time away from work, and other related expenses

Your attorney will be sure to gather records and documentation that show you developed mesothelioma because of talcum powder as opposed to a different source. Products liability cases are complex and often challenging to prove. That’s why it’s vital to seek qualified, experienced legal representation to ensure you have the best shot at receiving the maximum compensation available.

Why Choose Stern Law?

We personalize our approach to every case we take to ensure we meet each client’s specific needs. Our experience with products liability cases increases the chance you have of receiving the financial award you need. We will take care of every aspect of your case for you so you can focus on your treatment.

Stern Law firmly believes in seeking justice for our clients. We know how unfair it is to trust a product that leads to a devastating diagnosis. You developed mesothelioma because of the manufacturer’s lack of regard for its consumers’ health. We want to hold them responsible and try to prevent others from suffering.

We know there’s no amount of money to make up for the suffering you’ve endured or will continue to endure. However, it’s our goal to secure the maximum compensation possible so you can pay your medical bills and live your life with the comfort and dignity that you deserve.

If you received a mesothelioma diagnosis after using a talcum powder product and want to know the compensation you might be entitled to, call to receive a free consultation.