Eva Echeverria recently sued Johnson & Johnson last August for $417 million dollars because she claims their talcum powder caused her to develop ovarian cancer. The 63-year-old woman says she had used Johnson & Johnson talcum powder on a regular basis since she was 11.
There are hundreds of other ongoing cases against Johnson & Johnson in California. Echeverria, who lives in Los Angeles, is part of a handful of people who have verdicts against the company.
Echeverria stated during the court case that she wouldn’t have continued to purchase the powder if there had been a label informing the buyer of possible risk of ovarian cancer. Legally, Johnson & Johnson didn’t have to do this because powder is considered a cosmetic, so the US Food and Drug Administration doesn’t have to review it.
There isn’t definitive evidence either way if talcum powder is harmful or benign to humans. A mix of studies show that the talcum powder could possibly be carcinogenic to humans while others state that the result is still unclear.
Johnson & Johnson plans to appeal this case because they think the scientific evidence is in their favor, and that their talcum powder is not the cause of Echeverria’s ovarian cancer.
This isn’t the only case of a person suing a company because the product harmed them. When we purchase products from stores, we expect regulations and laws to hold the manufacturers to a high standard and make the products safe for us to use. Unfortunately, this isn’t always the case.
Sometimes, a company could find a loophole where they don’t have to label something that could potentially cause harm or not test the products to make sure they’re made so they’re useful and safe. Some companies could knowingly withhold information about dangers of the product and put people at risk when they use the product.
While this situation can be intimidating, you have rights that those companies cannot ignore or sweep under the rug. When products cause harm, you can take action with a product liability lawsuit. When proving this claim in court, you need to have evidence that the product was defective or advertised incorrectly that resulted in harm. The product can have manufacturing or design defects, or defects with the labels and packaging.
Do You Have Grounds for a Product Liability Lawsuit?
If you believe you have grounds for a product liability lawsuit in Nebraska, Iowa, Kansas, or Missouri, then Welsh & Welsh can help you. You can speak to a skilled Omaha product liability lawyer who will go above and beyond to get you the results you deserve.
We’re personal injury lawyers who believe in fighting for the Omaha community – and we’ve done so for over 65 years. We’ll fight for you to get the compensation and closure you need. We offer free consultations and will offer our professional opinion if the claim is truly in your best interest.
Let us help you. Contact us today at (402) 384-8160 or send us a message and we can start discussing your claim.