The link between talc and ovarian cancer has been established for some time, but Johnson & Johnson (J&J) never issued any formal warning or public advisory about using their famous talcum powder products – most notably, their trademark Johnson’s brand baby powder. Unfortunately, because of this oversight, they are now being held accountable for their negligence in civil court, as 22 different plaintiffs have filed personal injury lawsuits against the global personal care giant.
In this post, our Waco product liability lawyers explore the reasons J&J was recently ordered to pay an estimated $4.7 billion in damages to their victims, and why manufacturers must be held accountable when they injure consumers in such a reckless way. We believe one of the best ways to achieve justice is through a civil suit that holds negligent companies and individuals fully accountable for their actions.
What Constitutes Negligence in Product Liability Law?
It is one thing to offer a product to the public without having researched every possible outcome it could have; it’s another entirely to release a clearly dangerous or defective product for human use, without ever cautioning consumers against the risks. In this particular case, Johnson & Johnson showed clear negligence at the manufacturing level. In product liability law, the meaning of “negligence” can vary from state to state, but in general it means an individual or company has failed to perform a “duty of care” to protect you from harm.
Aside from the known issues regarding talcum powder and ovarian cancer in women, what makes this example of negligence startling is that there were also traces of asbestos found in J&J’s products. In a series of concurrent cases, it was revealed that the company actually knew about the asbestos contamination, and still did nothing to halt production or recall affected products. Ovarian cancer is nothing to be taken lightly, but the dangers of asbestos exposure are perhaps even more horrifying: Mesothelioma results from exposure to this ancient insulating material in many cases, and it is an incurable form of cancer with high rates of fatality. This kind of reckless corporate behavior is unacceptable, and when it’s found by a civil court to constitute negligence, the victims are owed fair compensation for their injuries.
How Can I Recover Damages for Defective Products?
To recover your losses after a defective product injury, you’ll need to keep thorough records of all your medical expenses, and exercise due diligence in researching both the product and the company. Then, if you believe the manufacturer’s negligence was to blame for your injuries, you’ll need to consult with an experienced product liability attorney. The grounds for a product liability suit can vary from state to state, but if any harm resulted to you and your family from using a product as intended, you could be eligible for compensation. At the Law Offices of Vic Feazell, we care deeply about our client relationships and promise to examine your case with integrity and compassion.
Need to speak with a product liability lawyer in Waco? Contact us at (254) 938-6885 today for a free review of your case.