Talcum Powder Lawsuits: What Orlando Families Should Know

By Igor Hernandez, CHG Lawyers, Coral Gables, Florida

Talcum Powder Lawsuits in Orlando: Where Your Questions Start

Talcum powder lawsuits are claims filed by people who say talc-based powder played a role in their ovarian cancer. The lawsuits name the companies that made those products. These include Johnson & Johnson’s baby powder. Whether the powder caused any illness is still disputed.

Consider a woman in Orlando who used baby powder or body powder for many years and whose doctor later discusses an ovarian cancer diagnosis with her.

Families in Orange County may also have questions about talc-based powders kept at home and the health concerns that have been raised about them.

Those questions are heavy. They try to make sense of what they have been told.

This page explains what these lawsuits are, what they claim, and what remains open. It uses everyday words. CHG serves clients throughout Florida, including Orlando and Orange County. Igor Hernandez is the responsible lawyer. The firm’s office is in Coral Gables, Florida.

What the Lawsuits Allege About Johnson & Johnson Talc Products

Lawsuits allege that talc exposure is connected to ovarian cancer. These claims name Johnson & Johnson and its talc-based products, including baby powder. The lawsuits are claims. They are not proven facts.

Some lawsuits also allege that talc products were contaminated with asbestos. Plaintiffs, the people who file these lawsuits, claim that asbestos in talc may have played a role in their illness.

Testing matters in these disputes. The United States Pharmacopeia has commented on the methods used to test for asbestos in talc.

Plaintiffs and defendants may disagree about what the testing shows. A court, not this page, decides how those disagreements are resolved in any one case.

Ovarian Cancer and Talc: What Research Says and What Remains Open

Scientists have not settled whether talc causes ovarian cancer. The U.S. Food and Drug Administration and the American Cancer Society both describe the evidence in cautious terms, as explained below.

The U.S. Food and Drug Administration says scientific literature has suggested a possible link between genital talc use and ovarian cancer. The FDA also says the evidence has not conclusively established a link or its risk factors.

The American Cancer Society describes the scientific evidence on talc and ovarian cancer as limited. It also mentions possible asbestos contamination of talc-containing products.

A critical review in PubMed Central reports associations between perineal talc use and ovarian cancer. The perineal area is the region between the legs. The review also describes limitations in that research.

Diagnosis, treatment, and prognosis depend on a person’s doctors and medical records. Please follow your doctors’ care. Whether talc exposure relates to a particular person’s cancer depends on their medical records, product-use history, and the facts of their case.

Talc Litigation Status: Federal and Florida Court Options

Talc claims may be filed in Florida state courts or in federal court. The right court depends on the facts. It also depends on where the case is filed and what claims are brought.

Court status changes over time. Ask for the latest status before you rely on any update, including news reports. A status report from last month may no longer be accurate today.

These cases may be referred to, or handled together with, another law firm. CHG does not state that it alone will litigate any federal consolidated case. CHG does not serve as lead counsel in one.

Timing and court choice both depend on the facts. Igor Hernandez at CHG Personal Injury Lawyers can review your situation. He can explain which court options may apply.

Who May Be Able to Bring a Talc Claim in Central Florida

A woman who has been diagnosed with an illness she believes is linked to talc use may be able to bring her own claim. The family of a woman who has died may be able to bring a wrongful-death claim. Both depend on the facts and on Florida law.

The Florida Wrongful Death Act runs from § 768.16 through § 768.26. Under § 768.20, the action is brought by the decedent’s personal representative. The personal representative is the person who manages the deceased person’s estate. That person recovers for the benefit of the decedent’s survivors and estate.

Under § 768.21(2), a surviving spouse may recover for loss of companionship and protection. A surviving spouse may also recover for mental pain and suffering from the date of injury. Other survivors may have different rights under the same statute.

Records often matter. Families may gather medical records, a product-use history, purchase receipts, and statements from people who saw the product used. Whether a claim exists depends on the facts, the records, and applicable law.

Florida Deadlines and Why Timing Matters

Florida filing deadlines depend on two things. One is when a claim accrued, meaning when it legally arose. The other is what type of claim it is. Deadlines apply. A missed deadline may affect a claim, depending on the facts and any exceptions.

Under § 95.11, the filing period for many Florida negligence personal-injury lawsuits whose cause of action accrued after March 24, 2023 is generally two years, but other periods apply to other types of claims. For example, § 95.11(3) generally sets a four-year period for injury arising from the design, manufacture, distribution, or sale of personal property, and exceptions and conditions may apply depending on the facts of each case. Filing deadlines depend on the facts of each case and on applicable Florida law, so it is important to contact the firm promptly.

For product claims, § 95.031 generally runs the period from when the facts giving rise to the claim were discovered. It also runs from when they should have been discovered with due diligence. That statute also contains a repose period for certain products, with exceptions. Timing depends on the specific product and facts.

Please contact the firm promptly to review your own timing. Do not assume time remains. Do not wait while records are gathered.

How Florida’s Comparative Fault Rule May Affect a Claim

Florida’s comparative fault rules may reduce a recovery in proportion to a claimant’s own share of fault, depending on the facts of each case (Fla. Stat. § 768.81(2)). How fault is divided depends on the facts of each case and on applicable Florida law.

Under § 768.81(3), in a negligence action, the court enters judgment against each liable party. The judgment is based on that party’s percentage of fault. For that purpose, the statute generally does not use joint and several liability, and it contains exceptions that depend on the facts of each case.

The same statute also addresses a claimant’s own fault. Under § 768.81(6), for negligence actions filed after March 24, 2023, a claimant found more than 50% at fault for their own harm generally may not recover. Medical-negligence actions under chapter 766 are excepted.

These rules are complex. Their effect on any one case is not predictable. Every claim turns on its own facts.

What Happens When Orlando Families Contact CHG

The first step is a conversation about the facts. The family shares the diagnosis, the product-use history, and any records they have. The firm then reviews those facts with the family. The firm also reviews them under the applicable Florida law.

Results depend on each case’s facts. No outcome can be promised. This page gives no dollar figures. Case value and settlement timing depend on the facts of each case.

A talc case may involve medical records from several providers. Gathering those records takes time. Starting early may help the family understand what options may be available, depending on the facts of their situation. It also helps them see what may be needed.

Families may want to know what happens next. A clear review of the facts can help answer that question. It can also show which records are still missing.

Talk With Igor Hernandez About Your Talc Question in Orlando

If you used talc powder for years and now face an ovarian cancer diagnosis, you may be weighing whether to ask about a claim. If you have lost a loved one, you may be weighing the same question. You do not have to make that decision alone.

Igor Hernandez can review your records and your facts with you. Whether a claim exists depends on your facts, your medical records, and applicable Florida law. Contact the firm to start that conversation.

CHG charges no attorney’s fees and no case costs unless there is a recovery.

The responsible lawyer is Igor Hernandez. The firm’s office is in Coral Gables, Florida.

Frequently Asked Questions