When a manufacturer sells a product it knows or should know is dangerous, Mississippi law can subject that manufacturer to legal liability. This is true even for a product that has been on the market for years. The Jackson product liability lawyers at Coxwell & Associates have decades of experience helping people seek compensation after they have been injured by dangerous products. If you use talcum powder and have been diagnosed with ovarian cancer, you may be entitled to compensation for your injuries.Talcum Powder May Be Linked to Ovarian Cancer
Talcum powder is ubiquitous in many people’s lives. It is reported that talcum powder may cause as many as 10,000 cases of ovarian cancer each year. The cancer may be caused by talcum powder entering the body and traveling up to the ovaries. At Coxwell & Associates, we are in the first stages of researching legal claims in this area.Consumers Injured by a Defective Product Have Rights
Under Miss. Code Ann. § 11-1-63, a person injured by a dangerously defective product has legal recourse against the manufacturer or seller of the product. Injured consumers can file a product liability lawsuit that alleges either a manufacturing, design, or failure to warn defect. Most plaintiffs injured by a pharmaceutical drug or medical device allege failure to warn on the part of the product’s manufacturer. Other plaintiffs may choose to plead other defects.
To prevail in a product liability case, the plaintiff must prove:
- The product was defective;
- The defect made the product unreasonably dangerous; and
- The plaintiff’s injuries were proximately caused by the product’s defective and unreasonably dangerous condition.
In proving the first two elements, the plaintiff presents evidence of one of the types of defects — design, manufacture, or failure to warn — and that the defect made the product unreasonably dangerous. An example may be a plaintiff proving that the manufacturer of talcum powder failed to warn consumers of the associated risk of ovarian cancer, which rendered the product unreasonably dangerous. The plaintiff must then prove that the product caused her injuries using medical records, scientific studies, and expert testimony.
Depending on the defect the plaintiff alleges, she may be required to prove additional elements. For example, in addition to the above elements, plaintiffs alleging a failure to warn defect must also prove that the defendant either knew or should have known about the danger associated with the product, and that users would not discover that danger. This is demonstrated using knowledge reasonably available to the defendant.Successful Plaintiffs Are Entitled to Damages
A plaintiff who successfully litigates her product liability case is entitled to damages from the defendant. The plaintiff can recover medical bills, lost wages, and other direct costs that she incurred as a result of her injuries. Further, she can collect money to compensate her for more subjective injuries, such as emotional distress and pain and suffering. In certain cases, plaintiffs may also be entitled to punitive damages. Ask a knowledgeable attorney about the damages to which you may be entitled.Trust Your Case to Experienced Lawyers
Manufacturers have a duty to produce and sell safe products. Failure to do so may expose companies to liability for the injuries their products cause. The Jackson defective product attorneys of Coxwell & Associates are dedicated to helping injured Mississippians get the compensation to which they are legally entitled. If you have been diagnosed with ovarian cancer and you believe it is connected to your use of talcum powder, call (877) 231-1600 or fill out our online contact form to see if we can help you.