Talcum Powder Lawsuits: Are Punitive Damages Granted?

Many people don’t understand why mass tort lawyers are suing talcum powder manufacturers. This is because many families have relied on these powders for decades. Women and children, especially, use talcum powders to protect and keep the skin dry. Talc, an earth mineral, is great for absorbing moisture. Furthermore, it also eases friction.

Consequently, powder manufacturers use talc for baby powder, blush, eye shadow, and other products. Sadly, though, there have been reports that talcum powder may contain a carcinogen. If this is so, you may have a legal claim against your powder manufacturer.

Therefore, it’ll be best to speak to a mass tort attorney. Such a lawyer would first recommend a medical test. This test would confirm whether you have any medical conditions from using the powder. If you do, then your lawyer can get you compensation from the liable party.

Why Are People Filing Claims Against Talcum Powder Manufacturers?

Talc powder users are suing the manufacturers because of concerns that their powders have a carcinogen. A carcinogen is anything that can cause cancer in human beings. The relevant carcinogen, in this case, is asbestos. Asbestos is a popular carcinogen that significantly increases your chances of getting cancer from inhaling the mineral.

Notably, asbestos is a mineral often found where talc is mined. Consequently, both minerals often mix. Any powder made from such contaminated talc can thus cause you cancer. So, some women have filed claims that they got ovarian cancer after using talcum powders.

There have also been claims of mesothelioma from using talc powder. However, this can only occur with contaminated powders. If your powder doesn’t have asbestos contamination, you should be fine. If it does, you may have a claim against the manufacturer. This lawsuit can result in significant damages against the defendant company.

Can I Get Punitive Damages in a Talcum Powder Lawsuit? 

Yes, a court can award you punitive damages after winning a talcum powder lawsuit. This class of damages is different from the other compensatory damages. Here, the court isn’t compensating you for your losses. Instead, it’s punishing the defendant manufacturer for their actions.

In addition, courts use punitive damages to deter other persons from similar conduct. However, you cannot get punitive damages in all cases. You must show that the defendant manufacturer’s actions showed:

  • Wilful misconduct
  • Malice
  • Fraud
  • Wantonness
  • Oppression, or
  • Entire lack of care that raises the presumption of conscious indifference to consequences

If you can prove any of these factors, the court will grant you punitive damages. However, you must specifically ask the court for this class of damages.

How Do I Prove I Deserve Punitive Damages in a Talc Powder Case

You can get punitive damages against talcum powder manufacturers by proving willful misconduct. Furthermore, you can establish that the manufacturer acted recklessly. This recklessness would also expose a disregard for the consequence of their actions. Fortunately, reports state that manufacturers like Johnson & Johnson were aware of the danger of their powders. They knew this for decades, but they ignored the signs.

J&J then continued marketing their baby powder. J&J’s action, in this case, can be described as reckless or willful misconduct. So, if you can prove this fact, the court can grant you punitive damages. An excellent drug liability lawyer is thus necessary to successfully satisfy this condition.

How Much Can I Get as Punitive Damages?

Many states have statutory caps on punitive damages. For example, Georgia law also limits punitive damages to a $250,000 maximum in some tort cases. Fortunately, there’s no cap to the punitive damages awardable in product liability claims. This means that you can get whatever amount you ask the court.

The court will most likely award an amount it thinks reasonable, though. Notably too, the state also takes a significant percentage of your punitive damages after the trial. This amount is about 75% of the entire sum. However, the court allows you to take your attorney’s fees before subtracting this percentage.

Are You a Victim of a Contaminated Talcum Powder? Our Mass Tort Lawyers Can Help You!

Have you been using talcum powders for a long time? Then, it’ll be best to confirm whether you have mesothelioma or ovarian cancer. If you have any of these diseases, then you may be eligible for compensation. However, proceeding alone against big pharmaceutical companies is a bad idea.

This is because these companies can pay excellent attorneys to defend them against your claims. It’s thus best to hire your mass tort lawyers. At Rueb Stoller Daniel, we have many years of experience handling drug liability claims. If you hire us, you have a significant chance of getting compensation. So, call us today for a FREE consultation.