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 Las Vegas 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:
- 1. What can I do if I got ovarian cancer by using talc in Las Vegas, NV?
- 2. What money can I get?
- 3. Whom can I sue?
- 4. How do I prove my claim?
- 5. When can I sue?
- 6. Should I file my lawsuit in NV or join a federal class action?
- 7. What is talc used for?
- 8. Has talc been recalled?
- 9. Resources
- 10. Related drug litigation
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:
- The defendant (drug manufacturer) owed the plaintiff (victim) a duty of care;
- The defendant breached its duty of care;
- The defendant's breach of care caused the plaintiff's injuries; and
- 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
Women filing a personal injury suit against a talc maker would seek compensatory damages for:
- Doctor's bills related to ovarian cancer (such as hospital stays, home health care, surgeries, chemo, radiation, and outpatient care),
- Pain and suffering arising from having ovarian cancer,
- Loss of wages from not being able to work, and/or
- Loss of future wages from not being able to work
In some cases, the plaintiff may be eligible for punitive damages as well.
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.
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.
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
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.)
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."
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
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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.