If you or a loved one developed cancer after using talcum powder products, you may be entitled to significant compensation. Over 90,000 people have filed claims, and juries have awarded billions of dollars. Here’s exactly how to pursue a claim.
Statutes of limitations restrict how long you have to file. In most states, the clock starts at diagnosis—not when you stopped using talc. Don’t delay consulting an attorney.
Step 1: Determine If You Qualify
Eligible Cancer Types
Strongest Cases:
- Mesothelioma (asbestos-related cancer)
- Ovarian cancer (epithelial types)
Other Potentially Eligible Cancers:
- Lung cancer (in some circumstances)
- Other asbestos-related diseases
Product Use Requirements
You generally need to show:
Who Can File
- You: If you’re living with cancer from talc exposure
- Family members: If the victim has died (wrongful death claim)
- Estate representatives: On behalf of deceased victims
Step 2: Gather Your Documentation
Medical Records
Collect:
- Pathology reports confirming cancer diagnosis
- Imaging studies (CT, MRI, PET scans)
- Treatment records (surgery, chemotherapy, radiation)
- Doctor’s notes and consultations
- Prognosis information
Product Use Evidence
Document your talc exposure:
| Evidence Type | Examples |
|---|---|
| Product receipts | Store receipts, online orders |
| Photos/videos | Pictures showing product use |
| Product containers | Actual bottles (don’t throw away!) |
| Witness testimony | Family members who observed use |
| Personal calendars/journals | Notes about daily routines |
Employment Records (If Applicable)
If you had occupational talc exposure:
- Employment history
- Job descriptions
- Workplace safety records
- Co-worker contacts
Step 3: Find the Right Attorney
What to Look For
Experience:
- Specific experience with talcum powder litigation
- Track record of verdicts and settlements
- Resources to take on major corporations
Resources:
- Access to expert witnesses
- Financial ability to fund lengthy litigation
- Dedicated talc litigation team
Fee Structure:
- Contingency fee (you pay nothing unless you win)
- Clear explanation of fee percentage
- Transparency about costs and expenses
Questions to Ask
- How many talc cases have you handled?
- What were the outcomes?
- Who will actually work on my case?
- What is your fee percentage?
- What costs will be deducted from my recovery?
- How long do you expect my case to take?
- Will my case go to trial or likely settle?
Legitimate talc attorneys offer free case evaluations. You should never pay for an initial consultation.
Step 4: File the Lawsuit
Where Your Case Will Be Filed
Federal MDL (Most Common):
- Multidistrict Litigation in New Jersey
- Cases consolidated for pretrial proceedings
- Can be sent back to home state for trial
State Court:
- Some cases filed in state courts
- May be strategically advantageous in certain states
- Your attorney will advise on best venue
The Complaint
Your attorney will prepare and file:
- Detailed allegations against defendants
- Your product use history
- Medical evidence of cancer
- Legal claims (negligence, strict liability, fraud, etc.)
- Demand for damages
Defendants
Typical defendants include:
- Johnson & Johnson (and subsidiaries)
- Imerys Talc (talc supplier, in bankruptcy)
- Other manufacturers of talc products you used
- Retailers (in some cases)
Step 5: Navigate the Legal Process
Discovery Phase
What Happens:
- Exchange of evidence between parties
- Written questions (interrogatories)
- Document requests
- Depositions (recorded testimony)
Your Role:
- Provide requested documents
- Answer interrogatories truthfully
- Attend your deposition (your attorney will prepare you)
- Identify potential witnesses
Expert Witnesses
Your attorney will retain:
- Medical experts: To testify about causation
- Pathologists: To confirm diagnosis
- Toxicologists: To explain talc/asbestos risks
- Economists: To calculate damages
Motions and Hearings
The court will address:
- Motions to dismiss
- Summary judgment motions
- Discovery disputes
- Pre-trial conferences
Step 6: Settlement or Trial
Settlement Negotiations
Most cases settle before trial. Settlement may occur:
- After filing but before discovery
- During or after discovery
- Just before trial
- During trial (yes, this happens)
Factors in Settlement Value:
- Strength of your evidence
- Type and stage of cancer
- Your damages (medical costs, lost income, suffering)
- Defendant’s assessment of trial risk
- Current verdict trends
Going to Trial
If your case goes to trial:
| Phase | Duration | What Happens |
|---|---|---|
| Jury selection | 1-3 days | Attorneys question potential jurors |
| Opening statements | 1 day | Each side presents their theory |
| Plaintiff’s case | 1-2 weeks | Your evidence and witnesses |
| Defendant’s case | 1-2 weeks | Their evidence and witnesses |
| Closing arguments | 1 day | Final summaries to jury |
| Deliberation | Hours to days | Jury decides verdict |
Verdict and Appeals
If you win:
- Verdict announced in court
- Post-trial motions may follow
- Defendant may appeal
- Final payment after appeals resolved (or settlement reached)
Timeline Expectations
Typical Case Duration
| Scenario | Timeline |
|---|---|
| Early settlement | 6-18 months |
| Settlement during litigation | 1-3 years |
| Trial verdict | 2-4 years |
| Trial + appeals | 3-6+ years |
What Can Affect Timeline
Faster Resolution:
- Strong evidence
- Serious/terminal illness (courts may expedite)
- Defendant motivated to settle
Slower Resolution:
- Complex evidence issues
- Appeals
- Court backlogs
If you have terminal mesothelioma or advanced cancer, tell your attorney immediately. Courts often expedite cases for seriously ill plaintiffs.
Costs and Fees
Contingency Fee Structure
- You pay nothing upfront
- Attorney advances all costs
- Fee only if you win (typically 33-40% of recovery)
- Costs deducted from recovery (expert fees, court costs, etc.)
Example Recovery Calculation
| Item | Amount |
|---|---|
| Gross verdict/settlement | $1,000,000 |
| Attorney fee (35%) | -$350,000 |
| Litigation costs | -$75,000 |
| Medical liens | -$50,000 |
| Net to client | $525,000 |
Special Situations
If the Victim Has Died
Wrongful Death Claims:
- Filed by surviving family or estate
- Recovers damages for the family’s losses
- Time limits still apply (usually 2 years from death)
Survival Claims:
- Recovers damages the victim could have claimed
- Pain and suffering before death
- Medical expenses incurred
Multiple Exposure Sources
If you had both:
- Talc exposure (baby powder)
- Occupational asbestos exposure
You may have claims against multiple defendants. This can actually strengthen your overall recovery.
Bankruptcy Considerations
Imerys Talc (J&J’s supplier) is in bankruptcy:
- Claims filed through bankruptcy trust
- Separate process from J&J litigation
- Your attorney will handle both
Frequently Asked Questions
How much does it cost to file a talcum powder lawsuit? Nothing upfront. Attorneys work on contingency and advance all costs.
What if I don’t remember exactly which products I used? You don’t need perfect recall. General testimony about talc use over time, supported by witness statements, can be sufficient.
Can I file if my family member died from cancer? Yes. Wrongful death and survival claims can be filed by family members or estate representatives.
Will I have to go to court? Possibly. Most cases settle, but you should be prepared to testify if necessary.
What if I used multiple talc products from different companies? You may have claims against multiple defendants, which could increase your total recovery.
How long do I have to file? Statutes of limitations vary by state (typically 2-3 years from diagnosis). Consult an attorney promptly.
Take Action
If you believe you have a talcum powder claim:
- Don’t delay: Time limits are real
- Preserve evidence: Don’t throw away products
- Document everything: Gather records now
- Consult an attorney: Free evaluations available
- Get a medical opinion: Confirm diagnosis and potential causation
Related Resources
Understanding Talc & Cancer
- Talcum Powder and Cancer
- Talc Crisis By the Numbers
- Talcum Powder and Ovarian Cancer
- Is Talcum Powder Safe?
- Products Containing Talc
Legal & Compensation
References
U.S. Judicial Panel on Multidistrict Litigation. Talcum Powder Multidistrict Litigation.
https://www.jpml.uscourts.gov/
American Bar Association. Filing a Personal Injury Lawsuit.
https://www.americanbar.org/groups/public_education/resources/law_issues_for_consumers/personalinjury_702/
Nolo Legal Encyclopedia. Statutes of Limitations by State.
https://www.nolo.com/legal-encyclopedia/statute-of-limitations-state-702.html
Cornell Law School Legal Information Institute. Contingency Fee Agreements.
https://www.law.cornell.edu/wex/contingency_fee