Damages from Talcum Powder Injuries
If a person suspects that they have been injured by talcum powder, they should contact a Raleigh talcum powder lawyer immediately because one of the most important pieces of evidence is the pathology slides taken from any ovarian tissue. These pathology slides can be examined with high powered microscopes which can detect the presence of talc particles in the cancerous tissue that was removed.
Since taclum-based products from Johnson & Johnson have recently been discontinued in the United States and Canada, victims may be entitled to damages suffered from talcum powder injuries. To learn more, schedule a consultation today.
The presence of talc particles in the cancerous tissue, is some of the most important evidence in a case to show that talc actually caused the ovarian cancer.
Another way to link talcum powder and ovarian cancer is the testimony of the person who used the talc products, or a family member. They do not need to have bottles of talcum powder hanging around. They do not need to have receipts to remember exactly when and where they purchased it. Testimony of consistent use over a period of time is sufficient to help show the link between talcum powder use and then ovarian cancer.
Ultimately, being able to show talc particles in the pathology slides is really important, but in addition to that, having the testimony of the person who used the product—or of someone who knew that the injured person used the product or saw them using the product—is going to be very important as well. It tends to be something that families do, and have always done, so they can testify to that.
Ovarian Cancer and Damages
With these cases, there are two types of injuries that attorneys are looking into. The first type of injury is going to be a claim for personal injuries arising from the ovarian cancer. If ovarian cancer is diagnosed at a later stage, a woman may miss significant time from work. She may undergo brutal chemotherapy treatments. She may have to have her ovaries removed untimely and perhaps, most clearly, she will incur medical expenses.
She may incur past medical expenses for any surgeries, chemotherapy, and treatment that she has received and then also future medical expenses if the cancer is not in remission or she has not been deemed cancer free.
Pain and suffering is a very major component for these cases because of the devastation that an ovarian cancer diagnosis brings, real suffering that accompanies chemotherapy, the real pain and difficulty that accompanies a woman losing her hair from chemotherapy, the exhaustion that results, the nauseous feeling, and the weight loss. It is just a myriad of issues that arise from an ovarian cancer diagnosis and that is if the individual is still living, is still battling the disease, or is currently in remission.
Wrongful Death Claims
The second type of injury is if someone has died from ovarian cancer. He or she would then have what is called a wrongful death claim. The beneficiaries of the wrongful death claim would be the heirs of the woman who died, which could include her spouse, her children, and her grandkids. It all depends on who survived her.
Damages for wrongful death can include the loss of the companionship of the individual. It can also include the pecuniary loss of the services of the individual to his or her family members. For example, if the woman was the primary breadwinner and had a salary where she was bringing in so much money for the family, that is something that could be accounted for, for the rest of her working life. Then there are several other things that are set out in statute that are part of a wrongful death claim.
Ultimately though, the loss of life, the fact that someone died from this deadly disease that was caused by talcum powder, is probably the most major component of the wrongful death claim.