Mass Torts: Talcum Powder – Ovarian Cancer, Mesothelioma
Despite a business’ best efforts to curb legal disputes and avoid financial liability, negligence stemming from product liability can ultimately result in mass personal injury. That is when you need an experienced personal injury attorney who can handle the details of your case and the complexity of a mass tort claim.
At the Shiner Law Group, our seasoned and award-winning attorneys have 15 years’ experience of product liability litigation, and we are committed to providing each client with the thoroughness, compassion, and aggressive representation they deserve.
If you or your loved one has been injured due to the negligence of company’s product or service, contact our personal injury attorneys at the Shiner Law Group to discuss your legal rights and options in a free case review, as you may be entitled to financial compensation.
Understanding Mass Tort
A mass tort is a legal action brought against a company by several plaintiffs who have suffered injury caused by a common product or service. Unlike a class action lawsuit which involves many plaintiffs suing for damages over the course of a single trial, a mass tort has individual claimants that receive a separate trial for their economic and non-economic losses.
Claimants involved in mass tort litigation have the benefit of shared pre-trial investigations and preparations that allows each case to be addressed efficiently and expeditiously; however, as the nature of mass torts involves significant and complex legal maneuvering, representation by an experienced mass tort attorney is imperative to maximizing your claim’s financial recovery potential.
Mass Tort Litigation Requirements
In order for a claim to be considered a mass tort, the following conditions must be met:
- A significant number of claimants have suffered injury due to the company’s negligence;
- The claimants involved are in proximity;
- The personal injuries sustained are similar in nature;
- The personal injury claim focuses on a single defective product.
Personal Injury Caused by Johnson & Johnson’s Talcum Powder
Attorneys representing victims of personal injury have brought legal action against the manufacturing company Johnson & Johnson over allegations that its talcum powder products contain asbestos, resulting in ovarian cancer and mesothelioma. In April 2018, a New Jersey jury awarded one of the claimants $37 million in damages.
The company faces over 6,600 lawsuits in regard to their talcum powder products, and claimants maintain the company is liable for negligence and failing to warn consumers of the product’s unsafe contamination.
Recovering Damages in Mass Tort Litigation
Personal injury victims involved in mass tort litigation may be entitled to a broad range of compensatory damages. With the benefit of a Shiner Law Group attorney, you will have the legal resources to recover medical costs incurred by extensive treatment and rehabilitation, lost income, reduced earning capacity, and even wrongful death; however, in rare circumstances, a judge may award claimants punitive damages to punish the company for gross negligence if the product is particularly harmful.
With respect to Johnson & Johnson, the company was found to be 70% liable and was ordered to pay $55 million in punitive damages.