Women who have regularly used Johnson & Johnson talcum powder on their sanitary napkins and have been diagnosed with ovarian cancer should immediately contact the Boca Raton talcum powder lawyer for possible legal action against the company. A determined mass torts attorney can work tirelessly to fight for a positive outcome for you.
Talcum powder is a mineral (talc) that is made of silicon, magnesium, hydrogen, and oxygen, and may have had asbestos until that carcinogenic was outlawed in 1970. The human body has trouble processing a natural mineral, and inflammation and the formation of cancerous growth may occur.
Particles of talc are alleged to have traveled from the vagina by direct contact or on a sanitary napkin to the ovaries where it embeds. Studies in this area are contradictory. The American Cancer Society is not sure if talcum powder causes ovarian cancer, and the Agency for Research on Cancer, part of World Health Organization International, says talc used on genitals is possibly carcinogenic.
The Johnson & Johnson talcum powder cases hinge upon the company’s marketing of the product, explains the Boca Raton talcum powder lawyer. Plaintiffs allege that the company knew of the health risks and did not warn users by printing the warning on the label.
The U.S. Food and Drug Administration does not require warning labels on cosmetic products and classifies baby powder as a cosmetic. The company is also alleged to have breached its warranty.
Issues generating from product liability are adjudicated in state courts under either the negligence doctrine, breach of product warranty, or strict liability.
Strict liability allows a defendant to be responsible for damages without having to prove fault or negligence and applies only if the product was sold in the course of business conducted by the supplier.
Johnson and Johnson talcum powder cases fall under Florida’s product liability law, which holds the manufacturers, distributors, and sellers responsible for products that cause harm to its users. A company can be strictly liable for an unreasonably dangerous product.
An unreasonably harmful or dangerous product is one that does not perform to the level of safety that a typical consumer expects when the product is used as it was intended, in a way the manufacturer foresaw the product being used, or that the product’s risk or danger overshadows its benefits.
A product that has a danger or defect that is unexpected does not satisfy the usual expectations of the consumer. Certain products are inherently dangerous, such as firearms, and consumers expect that danger.
Products can be harmful in their design, manufacture, and marketing. The design can have a harmful aspect that is intended, such as a powered lawnmower. A flaw in a product’s manufacture is an error, and in marketing the product it does not have an adequate warning about its risks.
A Boca Raton talcum powder lawyer can answer your questions and explain the legal steps necessary to achieve compensation to cover medical and other costs. Furthermore, your attorney can look at the existing evidence: medical bills, test results, and any other documentation you may have, and use that documentation as evidence to prove liability. If you wish to pursue a case, contact a skilled talcum powder attorney today.
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