How to file a "Talc" lawsuit in Nevada

Women in Nevada who developed ovarian cancer after using talc (usually in the form of talcum powder) may be able to bring a negligence lawsuit against the product's manufacturer.

Victims may join the hundreds of other talc-users from all over the country in a multi-district litigation (MDL) suit against Johnson & Johnson. Compensatory damages these women may be able to recover include:

If the plaintiff passes away, her family may be able to bring a suit for wrongful death.

Women in Nevada diagnosed with ovarian cancer can explore the latest treatment options at the Women's Cancer Center of Nevada or other cancer centers throughout the state.

In this article, our Nevada personal injury attorneys answer frequently-asked-questions about talc lawsuits in Nevada, including negligence causes of action, burdens of proof, and the statutes of limitations to file a case. Click on a topic to jump to that section:

Ovarian
There is evidence that talcum powder use may cause ovarian cancer.

1. What can I do if I got ovarian cancer by using talc in Las Vegas, Nevada?

Patients who developed ovarian cancer after using talcum powder can file a negligence lawsuit against the talcum powder's manufacturer. Plaintiffs in Nevada negligence trials are required to demonstrate these four elements to the court:

  1. The defendant (drug manufacturer) owed the plaintiff (victim) a duty of care;
  2. The defendant breached its duty of care;
  3. The defendant's breach of care caused the plaintiff's injuries; and
  4. The plaintiff's injuries resulted in damages.1

Plaintiffs can allege that the talc manufacturer was negligent by 1) not testing for cancer risks, and/or 2) not warning customers about the cancer risk.

1.1. Talc injuries

Some women who used talcum powder have developed ovarian cancer. It is one of the deadliest cancers, usually because it often goes undetected until it is well into Stage IV.2

2. What money can I get?

Women filing a personal injury suit against a talc maker would seek compensatory damages for:

Talc 20powder
  1. Doctor's bills related to ovarian cancer (such as hospital stays, home health care, surgeries, chemo, radiation, and outpatient care),
  2. Pain and suffering arising from having ovarian cancer,
  3. Loss of wages from not being able to work, and/or
  4. Loss of future wages from not being able to work

In some cases, the plaintiff may be eligible for punitive damages as well.

3. Whom can I sue?

One possible party that talc victims can file suit against is the talcum powder's manufacturer. In most cases, this is Johnson & Johnson. Other manufacturers include Sutherland and Taylor of Old Bond Street.

4. How do I prove my claim?

Plaintiffs in negligence lawsuits have to prove to the court that "it was more likely than not" that the defendant was negligent. In short, plaintiffs have to prove the defendant's liability by a "preponderance of the evidence." Some of the typical evidence in talc cases include the following:

  • The medical records of the plaintiff
  • Testimony by expert medical witnesses
  • Advertisements and marketing materials of talcum powder, which fail to mention the ovarian cancer risk

Learn more about proving negligence in Nevada.

5. When can I sue?

Talc 20rock

There is a two (2) year statute of limitations after the victim discovers her ovarian cancer to bring a negligence lawsuit. But anyone harmed by talc more than two years ago should consult an attorney to see if there is still a way to file suit.3

6. Should I file my lawsuit in Nevada or join a federal class action?

Class actions are not recommended. Instead, talc victims should consider joining a multi-district litigation (MDL), where one central court decides pretrial matters for all talc cases. Ideally, the cases settle while in MDL phase. But if not, the cases then return to their local courts and are tried individually.

Currently, there is a talc MDL out of New Jersey called In re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices And Products Liability Litigation (MDL # 2738).

(Note that a New Jersey jury recently awarded $37 million to a man who developed mesothelioma from using Johnson & Johnson talcum powder. And on July 11, 2018, a St. Louis jury awarded nearly $4.7 billion to 22 women (and their families) after they linked asbestos in Johnson & Johnson talcum powder to their ovarian cancer.)

7. What is talc used for?

Talc is a mineral comprised of magnesium, silicon, and oxygen. Many women have relied on talc to help control feminine odors. It is sold over-the-counter in powder form--hence, "talcum powder."

8. Has talc been recalled?

No, it remains available for purchase. Note that many baby powders now use cornstarch instead of talc. And the FDA has funded research studies on the talc-cancer link.4

9. Resources

10. Related drug litigation

Call a Nevada personal injury attorney...

Did you develop ovarian cancer after using talcum powder? Let our Las Vegas personal injury attorneys fight for the largest financial settlement possible to cover your doctor's bills, lost wages, and pain and suffering. Call us at 702-DEFENSE (702-333-3673) for a FREE consultation. You pay us nothing unless we win, so there is no risk.


Legal References:

  1. See, e.g. Scialabba v. Brandise Const. Co., 112 Nev. 965, 921 P.2d 928 (1996).
  2. Laurie McGinley, Does talcum powder cause ovarian cancer?, Washington Post (August 25, 2017).
  3. NRS 11.190.
  4. OWH-Funded Research: Cancer.

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