Over the past few years, thousands of product liability cases have been filed against consumer product giant, Johnson & Johnson, based on the company’s baby powder and other talc-based products. Those in Massachusetts who have been affected by Johnson & Johnson baby powder may be able to recover compensation for any injury or illness they suffered as a result of using Johnson & Johnson baby powder through a Massachusetts product liability lawsuit.
According to a recent article by the New York Times, Johnson & Johnson currently faces upwards of 16,000 lawsuits. The plaintiffs in these cases suffered serious illness from using the company’s talc-based baby powder, including lung disease, ovarian cancer, and mesothelioma, which is a cancer of the lining of internal organs that is most often associated with asbestos exposure.
Recently, in an interesting development in the baby-powder litigation, the State of New Mexico filed a claim against Johnson & Johnson claiming that the company misled consumers about the safety of the company’s baby powder. In his complaint against Johnson & Johnson, the Attorney General of New Mexico states that the company continued to market and sell the baby powder for decades, all while knowing the safety risks the product posed. What makes the New Mexico case especially interesting is that it alleges for the first time that the company specifically targeted children and black and Hispanic women.
Proving a Massachusetts product liability lawsuit requires a plaintiff to meet several elements. The most common type of product liability claim is called a breach of the warranty of merchantability. To establish this type of claim, a plaintiff must show:
- The defendant is legally defined as a “merchant,”
- The product was either sold or leased,
- The plaintiff’s use of the product was foreseeable, or expected,
- The product was somehow defective, and
- The product’s defect was a proximate cause of the plaintiff’s injuries.
When it comes to the fourth element, a plaintiff can prove that a product is defective by presenting evidence that the product suffered:
- A design defect,
- A manufacturing defect, or
- The product did not contain a warning that adequately covered the dangers associated with the use of the product.
Massachusetts product liability claims can often be more complex than they initially seem. Those who have been injured after using a dangerous or defective product should reach out to a dedicated Massachusetts personal injury lawyer for assistance.
Have You Been Injured by a Dangerous Product?
If you or a loved one has recently been injured by a dangerous or defective product, you may be entitled to monetary compensation through a Massachusetts product liability lawsuit. At the Law Offices of Barry Feinstein & Affiliates, P.C., we represent injury victims in all types of injury claims, including product liability cases, motor vehicle accidents, and slip and falls. We provide zealous advocacy on behalf of injury victims across Massachusetts, including in Essex, Norfolk, and Suffolk counties. To learn more about how to pursue a claim for compensation based on your injuries, and to speak with one of our dedicated skilled injury lawyers about your case, call 800-262-9200 to schedule a free consultation today.