Question

My loved one died from ovarian cancer related to talcum powder use in California. Can I sue?

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Rachel B. Abrams - Personal Injury - Products - Super Lawyers

Answered by: Rachel B. Abrams

Located in San Francisco, CALevin Simes Abrams LLP

San Francisco, CA
Phone: 415-426-3133
Fax: 415-426-3001

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Answer

Unfortunately, many women have contracted ovarian cancer after prolonged exposure to talcum powder. My firm was the first to file a lawsuit in California against Johnson & Johnson for this issue, so I have seen many cases. It is possible to sue and not only get damages, but also help women who may face these issues in the future by raising awareness.

Bringing a successful wrongful death lawsuit requires skill and experience. Your lawyer will recommend that you gather several types of evidence to support your claim: 

  1. Physical evidence such as empty containers

These can be difficult to procure if you have used talcum powder for years. In some cases, we have known clients to find half-empty containers in storage. A partially used container can be very helpful as the contents can be tested, and that evidence used as part of your case. However, either partially used or empty containers are important pieces of evidence. Cases related to over-the-counter products like talcum powder are unique because they are not prescription substances, and therefore the consumer retains the evidence. There is no way to prove a person bought it besides having the receipt or container.

    2. Medical records

As with any legal issue related to health, it is important to have medical records to support your claim. Your doctor or medical care provider will have kept their record, so you simply need to be able to provide their name.

    3. Witnesses to the use of talcum powder

If you are filing a wrongful death suit, the decedent is unable to testify on their own behalf about their use of talcum powder. Therefore, your case will require some witness to come forward. This can be friends, family or partners who know that the decedent used talcum powder over an extended period. These witnesses will be subject to a deposition as part of a wrongful death case, where they will testify to their knowledge that the decedent used these products, as well as their knowledge of the ill effects the product caused. 

I am very sorry if you have lost a loved one to ovarian cancer caused by talcum powder. However, with the help of an experienced lawyer, you can hold the company that caused your loss accountable.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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