What Factors Can Harm a Talcum Powder Ovarian Cancer Lawsuit?

How a Baby Powder Ovarian Cancer Case is Evaluated from a Legal Standpoint

A diagnosis of ovarian cancer is a devastating blow to any woman. There are crucial decisions to be made, and physical and emotional changes to deal with. While your diagnosis is personal, and should certainly never boil down to whether or not you might have a more favorable, or less favorable chance (from a legal standpoint) in a talcum powder ovarian cancer lawsuit, a positive outcome to such a case could, unfortunately, be critical, financially. With no intention of giving you yet another thing to feel badly about, there are certain factors which might make your talcum powder ovarian cancer lawsuit less favorable, from a legal standpoint.

This is not to say you might not have a very strong case, despite having one or more of the factors below, so it is important that you allow an experienced baby powder ovarian cancer attorney to fully assess the facts of your case. When reading the factors which could make your case less favorable, consider the reasons for that. Among women with high risk factors for ovarian cancer, the defense will almost certainly point to any of these factors as the cause of the ovarian cancer, rather than their product.

  • You only used Johnson & Johnson baby powder with talc or Shower to Shower with talc in the perineal area for a short amount of time—most studies have shown that long-term use of talcum powder for feminine hygiene can lead to ovarian cancer.
  • You are over the age of 65—ovarian cancer is typically found among women over the age of 65, therefore the defense might say your age was the risk factor, not their product.
  • Your ovarian cancer is not primary, that is, it spread to the ovaries from another place in the body, therefore might not be attributed to the use of talcum powder for feminine hygiene.
  • Your ovarian cancer is not epithelial. Most ovarian cancers are epithelial—about 90 percent. Epithelial ovarian cancer usually starts in the surface layer of the ovaries—the same area where talc fibers would burrow into, creating inflammation.
  • You have tested positive for the BRCA1 gene, which might lead the defense to claim that risk factor is responsible for your ovarian cancer, rather than the use of talcum powder for feminine hygiene.
  • You have a family history of ovarian cancer, which would significantly increase your own risk of being diagnosed with ovarian cancer. The defense could use this fact to avoid taking responsibility for your ovarian cancer.
  • You have never borne a child. Women who have borne a child have significantly less risk of developing ovarian cancer. If you have never borne a child, the defense could point to this risk factor in order to deny responsibility for your diagnosis.
  • You have not had a tubal ligation or hysterectomy, and/or you have never taken birth control pills. Having a tubal ligation, a hysterectomy, or taking birth control pills all lower your risk of developing ovarian cancer. If none of these apply to you, the defense could claim your diagnosis of ovarian cancer is due to these factors, rather than your use of baby powder with talc.
  • You are overweight. Women with a body mass index of thirty or more have a higher overall risk of developing epithelial ovarian cancer, therefore if you fall into this BMI category, the defense may try to claim your ovarian cancer diagnosis is related to obesity rather than to the use of talcum powder for feminine hygiene.
  • You are, or have been on hormone replacement therapy. This is a known risk factor for ovarian cancer, therefore the defense may try to claim the hormone replacement therapy is responsible for your diagnosis of ovarian cancer, rather than their product.

Again, it is important to remember that you may have a strong talcum powder ovarian cancer lawsuit despite having one or more of these risk factors. There is no way to know for sure until a knowledgeable baby powder ovarian cancer lawyer evaluates the facts of your case.

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Author: Andrew Sullo
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Andrew Sullo

Andrew SulloAndrew Sullo

Andrew Sullo is a National Trial Lawyer's Top 100 Selection for 2013-2020. He is a member of the American Association of Justice (2013-2020), and a recipient of the 2019 AVVO Client's Choice Award.

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