Articles Posted in Talc and Ovarian Cancer

trial-resized-600-300x201In life, certain people may not see eye to eye, and unfortunately, this holds true in attorney-client relationships as well. An attorney can be a vital asset during a personal injury claim, however, it is important to understand that an attorney-client relationship can be very complex. It is imperative that a person has complete trust in their attorney and feels as if their needs are being met, in the event that this is not the case it is possible to switch attorneys. Although not always the easiest thing to do you can “fire” your personal injury attorney once a lawsuit has been initiated. However, if you feel it is necessary, you should not be afraid to switch attorneys to the attorney you feel is best for you.

Consulting with a New Attorney

 It is important to remember that you have a contract with your current attorney, however, a judge will allow you switch attorneys should you feel the need. When you contact a new attorney it is important to let them know you are currently being represented by someone else. Once you have hired a new attorney it is important that you promptly notify your previous counsel of their dismissal.

Consumers, under the law, are able to sue for damages for defective products as a result of negligence or strict liability.  Recovery can be based on defects in the manufacturing, inadequate warnings, fraud, defects in the design, and implied warranty (where the product is not fit for the ordinary purpose for which it was sold).

Toxic Tort litigation involving defective drugs is governed by both the FDA under the Federal Food, Drug, and Cosmetic Act of 1938 (FDCA), 21 U.S.C. §§ 301-1012, 42 U.S.C. §§ 262, 264, 266, 282, 284, the Public Health Service Act, as well as State law.

FDA approval of “new drugs” includes virtually all prescription drugs, as well as, some drugs which are sold over the counter.  And testing of the new drug may take up to 12 years or longer before FDA approval is obtained.

Talcum powder has been a very popular product on the market for years.  People use talcum powder to prevent moisture, remain fresh and even to alleviate itching.  And one would not ordinarily have any reason to believe that such a convenient product could possibly cause harm when used as directed.  However, each year thousands of cases of ovarian cancer are diagnosed and suspected of being linked to the regular use of talcum powder.

So what exactly is talc and where does talc originate?  Talc contains magnesium trisilicate.  This substance is mined from the ground and contains elements including magnesium, oxygen and silicon.  And to enable talc to be used as a product on the market, the talc is first ground into a powder which is mainly used to absorb moisture.

But what are the possible dangers when talc is used as marketed?  Talc becomes a concern when it is used by women in the genital area.  In the event that the talc powder enters through the vagina and travels through the uterus and fallopian tubes to the ovaries, there could be a significant risk of ovarian cancer.