It is interesting that the UK claims name Johnson and Johnson because when they were faced with claims in the US, they put themselves into insolvency – before re-constituting themselves again – to enable them to avoid liability for their historic claims.  

Historically product liability claims in the UK were not thought to be viable. However, since then actions against Cape Asbestos for product liability have sometimes been possible. Cape were manufacturers of asbestos products.  

Talc and asbestos are both naturally occurring minerals and it is thought talc may be contaminated with asbestos from the proximity of talc and asbestos deposits to each other when talc is being mined.  

In the UK claims against the producers of products containing asbestos are a new phenomenon.  In the United States they are well established. Claims in the US for UK claimants are for product liability where UK based claimants have either visited the US or used certain US manufactured talc based products. Talc is an ingredient in cosmetics products including make up like eyeshadow and face powder.

The UK talc litigation will require the courts to take another leap forwards in order to succeed and are thought likely to be protracted and/or difficult. The ovarian or other cancer cases are likely to be more difficult still as the epidemiology linking ovarian or other cancers to talc is much more embryonic than the link for mesothelioma.  

Use of talcum powder, including J&J baby powder, is so widespread that many people diagnosed with mesothelioma may be able to remember using talc themselves. However the use of talc doesn’t mean that it will be possible to pursue a claim for compensation for mesothelioma as a result or that it’s the best course of action. 

Asbestos was such a common product that almost anyone of a certain vintage (myself included) will have come into contact with it at work, at school, as a result of nearby industry polluting the atmosphere or even because of family members working with it and inadvertently bringing it home on their work clothes. All of these circumstances may give rise to a potential UK civil claim.  

If you or a loved one have been diagnosed with mesothelioma help and advice is available.  

It may be possible to claim benefits or make a legal claim. Charities like HASAG have a long history of supporting those diagnosed with asbestos related illnesses. They have regular support group meetings/coffee mornings so you can meet other people affected by mesothelioma – they can even help you and your family members access counselling.  

If you have seen the publicity about the UK Talcum Powder litigation and are wondering where to turn for help to do please consult a specialist lawyer who is expert in pursuing asbestos related claims, and who can confirm that you will be visited at a time and place to suit you, and that there will be no unpleasant surprises in the form of unexpected legal fees.  

Many people with mesothelioma have also had the peace of mind of knowing they can access bespoke medical treatment through their UK civil claim. Scores if not hundreds of people have been helped to live better, for longer, as a result of the specialist medical treatment they have received. It is not clear whether the UK talc group action will be able to achieve access to bespoke private medical treatment. Even if it is possible in principle it may be optimistic to assume it will be achievable in practice in the context of a group action that has only just been commenced.  

If you are able to make a UK civil claim, it will be fast-tracked through the courts, with no unexpected legal bills, and you may be able to access bespoke medical treatment as part of your claim. If a UK civil claim is not possible, our experienced lawyers can help you explore alternative routes to compensation — such as the Veterans Agency Compensation Scheme or the Diffuse Mesothelioma Payment Scheme — particularly if you were exposed to asbestos at work and your employer or their insurers cannot be pursued. We can also assess the feasibility of a US claim or a UK talc claim depending on your circumstances.

At RWK Goodman, we have decades of experience in this field and pride ourselves on assessing every potential claim on a case-by-case basis. We have particular expertise in complex or “out of time” cases, as well as those where other firms have been unable to assist, and have successfully taken several important cases to trial. Our team will guide you through your options, advise on the best course of action, and can usually offer representation under a Conditional Fee Agreement — “no win, no fee.”