Talcum powder, a beauty product commonly used by adults as well as babies, could cause serious harm and injury to users. This may lead to talcum powder lawsuits and the need for comprehensive medical records services. Studies have shown that talcum powder could have a link to breathing difficulties and ovarian cancer. So, what exactly is a talcum powder lawsuit? These are claims that the talcum powder manufacturers knew their product contained harmful ingredients such as talc and asbestos that could cause harm to users, but did not do anything to warn the consumers regarding such risks.
How Is Talcum Powder Harmful to Users?
Talcum powder is made from a mineral called talc and if someone breathes in or swallows talcum powder, it may cause talcum powder poisoning. Babies and children who happen to breathe in the small dust-like particles could develop breathing problems. Apart from this, a number of consumers have filed claims or talcum powder lawsuits after being diagnosed with ovarian cancer that is said to be caused by talcum powder. Talcum powder lawsuits for ovarian cancer are typically focused on women who used this powder for perineal dusting. When used thus, the talcum powder particles could enter the body where it may cause inflammation and potentially lead to cancer. Also, birth control products such as diaphragms and condoms have been coated with talc-based powders. So, individual cases may also depend on the way in which the consumer used talcum powder. It is important for consumers to understand that not all forms of ovarian cancer stem from the use of talcum powder.
Why Medical Records Analysis Is Key
For a valid claim, a review of the plaintiff’s medical records is very important. Such a review would identify a cancer diagnosis or a diagnosis of respiratory problems. If the medical chart provides sufficient evidence of the following diagnoses, one can file a lawsuit.
- Epithelial ovarian cancer
- Fallopian tube cancer
- Borderline serous tumors
- Borderline mucinous tumors
- Mesothelioma
The medical record review team would be looking for and highlighting symptoms such as the following in their medical review report.
- Breathing problems
- Reduced urine output/no urine output
- Eye irritation
- Throat irritation and cough
- Low blood pressure
- Chest pain
- Wheezing
- Convulsions or seizures
- Lack of responsiveness
- Drowsiness
- Lethargy
- Twitching of the facial muscles, arms, hands, legs, or feet
- Blue skin, lips, and fingernails
- Blisters
- Vomiting
- Diarrhea
Medical records may include the following:
- Blood and urine tests
- Chest X-ray
- Breathing support
- ECG
- Medicines to treat symptoms
- Fluids through a vein (IV)
A medical records services team will work with attorneys to support the talcum powder-related claim with adequate evidence showing the link between the patient’s diagnosis and his/her use of the talc-based product. This evidence is obtained via
- Relevant medical records of the plaintiff, including pathology reports and other medical evidence
- Expert medical witness testimony
- Documentation of the plaintiff’s injury, medical care, losses and associated expenses
- The plaintiff’s testimony and other available documentation of talcum powder use
Criteria to File a Talcum Powder Lawsuit
- A medical diagnosis of a cancer that is linked to talc powder products or asbestos. This is mainly applicable to ovarian cancer and mesothelioma. However, the plaintiff could qualify based on a lung cancer or cervical cancer diagnosis.
- A personal history of using talcum powder for personal, feminine hygiene, or cosmetic uses.
- A positive biopsy showing evidence of talcum powder must be present.
- A negative BRCA test – women should not have the BRCA 1 or BRCA 2 gene that could predispose them to ovarian cancer.
- Time remaining before the statute of limitations expires in the plaintiff’s case.
The plaintiff could also keep the bills and records of expenses she has made since developing ovarian cancer. This will help the attorney determine the value of the claim.
Compensation That May Be Available
Plaintiffs filing talcum powder lawsuits could receive compensation for:
- Physical pain and suffering
- Decreased life expectancy
- Mental anguish
- Loss of enjoyment of life
- Lost income and wages
- Loss of consortium
Medical Record Review for Attorneys Can Help Build the Case
Medical records are very important for attorneys to understand the case thoroughly, strategize accordingly, and proceed with the lawsuit. Attorneys can benefit from the support of a professional medical review company that will help organize and review the voluminous, difficult-to-interpret medical records that may be scattered across various healthcare systems. This will provide attorneys with adequate data to handle their cases. The hyperlinked medical record summaries and chronologies are very helpful to have a clear view of the case and the patient’s treatment details. Medical record review support services are thus a practical option for busy attorneys handling class action lawsuits.
Disclaimer: This blog is intended for general information purposes only, and is not a substitute for professional legal advice. Please consult a lawyer for a professional opinion in this regard.
