Talc, a mineral used in various products has industrial uses, but readers will probably recall using talc in a nostalgic way - in the form of using baby powder on their children or applied after swimming perhaps. However, it may come as a surprise to some that talc, which was once considered harmless, can prove fatal. Long-term exposure to talc can cause respiratory conditions and even lead to respiratory cancers such as mesothelioma. The link between talc and asbestos The most serious risk for talc is that it may be contaminated with asbestos, which is a known carcinogen. Talc is naturally found close to asbestos deposits in the earth, which means that when talc is mined, it may be contaminated with asbestos fibres. UK mesothelioma patients are likely already to be familiar with the civil claim process, to obtain compensation from former employers who negligently exposed them to asbestos at work. There are also specific payment schemes in some jurisdictions, like the UK’s Diffuse Mesothelioma Payment Scheme (DMPS) where a responsible employer or insurer cannot be located. However, there is another potential avenue for compensation, which is becoming increasingly prevalent. Claimants may be eligible to pursue compensation through established US product liability litigation. The litigation spans multiple manufacturers and distributors, not just one brand or company, and it has proved successful in some cases. If you are unsure how you were exposed to asbestos, it may be worth considering if talc exposure was perhaps the cause. Making a claim based on talcum powder exposure If you’re a UK resident diagnosed with mesothelioma and believe talcum powder exposure, including powder cosmetic products, could be the cause then you may be eligible to make a claim. Here’s how a solicitor can help: Assess your eligibility based on product use, diagnosis, and exposure history. These claims are often based on proving consistent and prolonged use of talc, where sufferers have visited the US or used certain US-manufactured talc products. Gather supporting evidence, including medical records, product packaging, and witness statements. Partner with top US legal firms to file your claims in the appropriate jurisdiction. Why UK talc claims have faced challenges Unlike the US, product liability cases against talc manufacturers brought in the UK historically have lacked traction due to the differences in legal standards, access to evidence, and public awareness. Many have heard of the recent group litigation initiated against Johnson & Johnson in the UK. It remains unclear at this time whether UK residents can successfully bring a claim for talc exposure within the UK. It is expected that it will take a long time before there is any sort of conclusion of this group litigation, whether successful or otherwise. However, UK residents who have been exposed to contaminated talc products can consider filing a claim in the US now, where talc litigation is active and established and has a track record of success. These US claims are not limited to claims against Johnson & Johnson. Many powder cosmetic products, including make up (face powder, eye shadow and blusher, for example) and athletes foot powder, have been found to have been contaminated with asbestos and many legal claims have successfully been brought in the US for UK sufferers who have been exposed in this way. How Boyes Turner's asbestos team can help At Boyes Turner, we collaborate closely with leading US firms to navigate the legal and medical complexities of these transatlantic claims and have had recent success in securing compensation for our clients through US litigation. We also work closely with charities who can assess eligibility for welfare benefits such as the Industrial Injuries Disablement Benefit (IIDB) and/or the Pneumoconiosis etc (Workers’ Compensation) Act 1979 lump sum scheme as well as providing other assistance as needed for those who have suffered asbestos-related diseases. For more information about how the mesothelioma and asbestos disease claims team can help you or your loved ones after a diagnosis of an asbestos related disease, please contact us, free and confidentially, by email on asbestos@boyesturner.com or by telephone on 0118 952 7199.
