How Long Does It Take to Settle a Talcum Powder Case?

Fact checked and legally reviewed by Samuel Meirowitz • Contributor & Legal Advisor

Name brand companies are facing thousands of asbestos and talcum powder lawsuits, filed by mesothelioma and ovarian cancer victims seeking compensation after using their contaminated products.

The timeframe for settling these cases can vary greatly; some may be settled within a few months, while others might linger for years before reaching a resolution.

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The costly effects of talcum powder and asbestos on the body have been known for decades. As early as the 1970s, talcum powder has been linked to cases of ovarian cancer and mesothelioma.

Now, many name-brand companies and talcum powder manufacturers are facing lawsuits for risking the health and lives of thousands of consumers with talc and asbestos exposure—some knowingly. 

Navigating a talcum powder lawsuit is rarely a straightforward process. Many variables influence the length and complexity making each case unique. This is why being represented by an expert legal team with mesothelioma and mass torts experience is highly recommended. 

If you or a loved one used talc powder and have been diagnosed with a related health condition, such as ovarian cancer or mesothelioma, you may be eligible to file a suit.

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What to Expect in a Talcum Powder Lawsuit

One of the first questions we hear from our clients is, “How long does it take to settle?”. When talking about talcum powder lawsuits and settlements,  the answer isn’t always clear-cut. 

Talcum powder lawsuits can be complex and unpredictable. From eligibility considerations to the final settlement or verdict, numerous factors influence the duration of the process. Some cases can be resolved within a few months, while others may take years to see resolution. 

The duration of asbestos and talcum powder cases hinges on various elements, such as:

  • Legal complexities
  • Number of plaintiffs involved 
  • Specific case details 
  • Unforeseen circumstances 

Expect twists and turns along the way, as your legal team works to secure the best possible outcome.  

Are you eligible to join a talcum powder lawsuit? 

The initial step in pursuing an asbestos or talcum powder lawsuit is determining eligibility. 

Symptoms from asbestos exposure can take decades to develop. In the case of asbestos-contaminated talcum powder, most victims are likely unaware of their interaction with carcinogenic substances.

It isn’t until many years, often after habitual use, that symptoms present themselves. Talcum powder can be found in everyday products, such as baby powder, skincare, makeup, crayons, and more. 

Working with a talcum powder lawsuit attorney can help determine if you have been exposed to asbestos and additional eligibility requirements for the case. 

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Timeline for Talcum Powder Lawsuits

The timeline for talcum powder lawsuits can vary but typically follows the same process. Each phase demands meticulous attention to detail and thorough preparation to progress smoothly toward resolution.

Your attorney will provide you with a clear timeline and keep you updated on important milestones throughout the legal process.

Case Filing and Review 

In this initial phase, your eligibility to be included in the lawsuit will be determined. Statute of limitations will be considered, which depends on the state you live in and the time since diagnosis.

Necessary documentation and evidence will also be collected during this first phase. It may include medical records or bills and proof of talcum powder use. 

The plaintiff, or victim, will file the case in court with the help of their lawyer. This is what officially sets off the lawsuit. 

Discovery

In the discovery phase, the plaintiff and the defendant, the talcum powder companies/manufacturers. Both sides will research and gather evidence. Information may be exchanged between the two, such as medical records, testimonies, and requests for documents.

The goal for the plaintiff and their legal team is to establish enough evidence of the connection between their illness and asbestos exposure, and the defendant’s talcum powder product. 

Settlement Negotiations 

In this final phase, all of the hard work and research in the previous steps come to a head. Negotiations with the defendant begin, to obtain the maximum compensation for the plaintiff.  

If negotiations can not be reached, mediation may be ordered by the judge in hopes of a settlement agreement. Going to trial may be required if an agreement can not be made. 

Mass tort cases rarely go to trial. That is especially true for asbestos and talcum powder lawsuits. The defendants are much more likely to negotiate a settlement.

Fact

For example, Johnson and Johnson has had over 50,000 cases filed against them, with Johnson & Johnson paying billions to settle. 

Settling a Talcum Powder Lawsuit – How Long Does It Take? 

After reaching a settlement or obtaining a verdict, the timing of payouts can vary. Factors such as distribution processes, and individual case complexities influence when plaintiffs receive compensation.

Your legal team will guide you through the payout process, ensuring your rights are protected every step of the way. It’s important to remain patient and trust in your attorney’s expertise as they work to secure the financial relief you deserve.

Factors That May Affect Settlement Timeline

Many brands and manufacturers are currently being held accountable, with thousands of cases piling up against them. Depending on your situation, there could be some variables that may affect the timeline of your case.

This may include: 

  • Large corporations often settle early
    • They may do this to avoid more evidence coming to light or to save their reputation
  • In mass tort litigation, the outcome of one case may influence the outcome of the others
    • For example, if one plaintiff wins their case, it may affect the outcome of the others
  • Unforeseen circumstances may occur
    • For example, COVID-19 delayed court proceedings country-wide, including talcum powder lawsuits

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Written & Legally Reviewed By

Samuel Meirowitz

Attorney and On-Site Legal Advocate

Samuel Meirowitz is a member of the “Top 100 Trial Lawyers.” Mr. Meirowitz was named a “Rising Star” in 2013 & 2014 by Super Lawyers and then a Super Lawyer every year since 2016. In 2013, Mr. Meirowitz obtained what is believed to be the first multi-million-dollar asbestos verdict seen in more than two decades in a New York federal court. In that highly contentious matter, Mr. Meirowitz was able to convince the jury to hold a boiler manufacturer responsible for 60 percent of the $3.8 million awarded, despite the defendant’s attempt to escape all blame by pointing fingers at the plaintiff’s employer and the U.S. Navy (in which the plaintiff admirably served from 1966-70 during the Vietnam conflict). This verdict was upheld by the United States Court of Appeals for the Second Circuit.

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Sources

Henderson, W. J., Joslin, C. a. F., Griffiths, K., & Turnbull, A. C. (1971). TALC AND CARCINOMA OF THE OVARY AND CERVIX. BJOG, 78(3), 266–272. https://doi.org/10.1111/j.1471-0528.1971.tb00267.x