There is increasing evidence that talc baby powder, something consumers have believed was

absolutely safe, is far from it. There is growing evidence that prolonged and regular use of talc

baby powder for feminine hygiene causes ovarian cancer, the most deadly form of gynecological

cancer in women. Moreover, consumers have routinely used the talc baby powder on babies

daily, and baby powder has even turned up in the ovaries of women who denied applying it

genitally at all.

Although talcum powder is also commonly used on babies to prevent diaper rash, talcum

baby powders such as Johnson & Johnson (J & J) baby powders, Shower to Shower, and other

drug store generic talc baby powder brands, are also widely used by adult women for general

hygiene purposes. Many companies marketing talc baby powders have long advocated using the

product as a feminine hygiene drying agent, and women apply it directly to the genitals, inside

underwear, and inside feminine products then applied to the genitals.

In 2016, two multi-million dollar ovarian cancer talc civil lawsuit verdicts were returned against

Johnson & Johnson and one of the U.S. mines distributing talc. The juries considered breach of

warranty claims, negligence claims, distribution of unreasonably dangerous product claims,

and “conscious disregard of public health” punitive damages claims that the women’s ovarian

cancers were caused by genital talc use—use suggested by Johnson & Johnson’s own marketing.

Both verdicts were in favor of women who contracted ovarian cancers and were long term users

of talc baby powder applied to the genital area. The juries considered the medicine and science of

both sides and concluded that the talc fibers caused the cancers. “Science has been simple and

consistent over the last 40 years: there’s an increased risk of ovarian cancer from genital use

of talc,” one of the Plaintiff’s attorneys told jurors. “After we agreed [that talc use caused the

plaintiff’s ovarian cancer], everything was easy,” jury forewoman Teri Brickey told Bloomberg

News, referring to the jury’s $55 million combined verdict, finding compensatory damages and

punitive damages in one trial. “We felt like they knew for decades that they should have put a

warning on this product.”

2016 Public Health Update: Talc Baby Powder & Ovarian Cancers

page 2

2016 Public Health Update: Talc Baby Powder & Ovarian Cancers (continued)

Firm News & Announcements

page 3

Our Commitment to Railroad Injury Law

Why Attempting to Negotiate with an Insurance Company Without a Lawyer is a Mistake

what’s inside

We’re Social

facebook.com/

ShapiroAppletonDuffan

Shapiro, Appleton & Duffan, P.C 800-752-0042 www.HSInjurylaw.com

Virginia Beach Norfolk Portsmouth Hampton Kitty Hawk/Nags Head, NCSuffolk

ALL WE DO IS INJURY LAWShapiro, Appleton & Duffan, P.C.

Winter 2016 Newsletter

by Richard N. Shapiro

(Continued on page 2)

FIRM NEWS & ANNOUNCEMENTS

2Shapiro, Appleton & Duffan, P.C 800-752-0042 www.HSInjurylaw.com

We are proud to announce that our firm was recognized as

a 2017 Tier 1 “Best Law Firm” for personal injury litigation

and railroad worker injury litigation in the Norfolk, Virginia,

region by U.S. News & World Report. Rankings are based

on a thorough evaluation process that includes client and

lawyer evaluations and peer reviews from leading attorneys

in their field. We have been recognized as a top-tier

personal injury law firm for over 5 years. Partners Richard

Shapiro and Randy Appleton were also recognized as “Best

Lawyers” by the publication.

Rick Shapiro is not just a successful trial attorney. He is also

an award-winning author. Rick received the Gold Award for

fiction thrillers in the 2015 Readers’ Favorite International

Book Award Contest for his science fiction thriller, Taming

the Telomeres. The book achieved “Top Seller” status on

Amazon, and Rick is now working in a sequel when he is not

busy practicing law.

Firm Maintains Top Rating as a “Best Law Firm” for Injury Law, Two Partners Named “Best Lawyers”

Rick Shapiro Begins Work on Sequel to Award Winning Novel

(2016 Public Health Update: Talc Baby Powder & Ovarian Cancers continued)

Virginia Beach Norfolk Portsmouth Hampton Kitty Hawk/Nags Head, NCSuffolk

There are at least two immediate takeaways here: 1)

check the label of any baby powder or similar powder

product for “talc” and instead of buying and using any

“talc” containing powder, buy a “corn starch” powder,

as no studies have found corn starch to be a carcinogen

or connected to female cancers. There are many other

powder products (for drying the feet or the shoes, for

example, used by athletes and others) that may contain

talc and consumers should buy corn starch and not talc

versions of these products, since talc has long been

associated with permanent lung diseases, especially in

mine workers or occupational exposure situations. And, 2)

women should modify and stop using any talc powders as

a feminine drying agent for their genitalia.

What Should the Public, and Women Using Baby Powder, Know?

As of the summer of 2016, most talc baby powder products sold in

drug stores and online do not include any warnings about talc’s

connection to ovarian cancers.

There is a possible risk not only with direct genital use of baby

powder containing talc and ovarian cancers, but there’s a possible

association between simply using talc baby powder on babies and the

risk for ovarian cancer as well. Some pathology studies have found

talc in women’s ovaries who never applied it directly to the genitals

but just used it on their babies. Medical studies have not revealed

exactly why the microscopic talc fibers that lodge on or in the ovaries

can cause scarring and initiation of cancer processes, although it

could be connected to the shape of the microscopic talc fiber itself.

Nonetheless, it is shameful that J & J and other distributors of talc

powders have not yet added appropriate warning labels.

3Shapiro, Appleton & Duffan, P.C 800-752-0042 www.HSInjurylaw.com

Virginia Beach Norfolk Portsmouth Hampton Kitty Hawk/Nags Head, NCSuffolk

The mantra of auto insurance claims adjusters and defense attorneys: Delay. Deny. Defend.

Simply put, an auto insurance company’s main objective is not compensating you, even if you have documented injuries stemming from a car wreck. In fact, many auto insurance companies often try to avoid paying out anything on personal injury claims.

With that in mind, it is not in your best interest to talk to an insurance claims adjuster without an attorney in an attempt to try and negotiate your claim. You need to do everything possible to avoid becoming a victim of the insurance company game (i.e. delay, deny, defend).

In the days and weeks following the car accident, the auto insurance game typically goes something like this:

» Your car was totaled in the crash, but the insurance company delays getting you a rental car.

» The insurance company delays weeks of admitting the other driver was at fault for the crash.

» Denying that you can prove lost wages stemming from the collision

» Arguing that you “over-treated” for your injuries

The insurance company employs these tactics to make the process so difficult and draining that you may give up on pursuing compensation or accept a low-ball settlement offer. This is why, if you are seriously hurt in a car accident, to speak to an experienced Virginia Beach car accident lawyer. Why? Because a lawyer takes the burden off your shoulders. They deal with the insurance company on your behalf. This allows you to focus on getting back to 100 percent.

Below are some mistakes you can avoid by having an experienced Virginia Beach, VA personal injury lawyer by your side:

» Recorded statements – most claims adjusters try to push victims to give a recorded statement before a settlement is made. They will use anything you say out of context and use it against you to avoid paying your claim.

» Demanding too little or too much – the consequence of negotiating for too little is obvious. Especially if you settle without knowing the full extent of your injuries. On the flipside, just as damaging is demanding too much. To put it another way, if you don’t understand how personal injury claims are valued, you run the risk of losing your claim.

» The Insurance Company’s final offer – insurance companies, whether directly or indirectly, present their proposal as a final offer. People that try to negotiate themselves have no leverage, or knowledge of the intricacies for how these cases really work. Having a lawyer adept at negotiating for you, which understands the ins and outs of all aspects of your case will ensure you aren’t leaving money on the table. Money that can help pay for your time lost at work, medical bills, and more.

As mentioned, you can avoid these potential pitfalls by hiring a personal injury attorney to help with your case. You should focus on getting healthy and picking up the pieces of your life. You should not be spending hours haggling with the insurance company. Do not fall for their tricks and delay tactics. Let an experienced attorney advocate for you and fight back against insurance company games.

Why Attempting to Negotiate with an Insurance Company Without a Lawyer is a Mistakeby Kevin Duffan

Many of our clients know that our firm was built on railroad injury law

and was founded by former partner Eddie Wilson, himself a former

brakeman/conductor with Norfolk Southern who became a highly

successful attorney representing injured railroad workers. Our firm

continues our deep commitment to railroad injury law including:

• Work related injuries and derailments

• Railroad crossing injuries

• Railroad mesothelioma cancer

• Other cancers caused by asbestos and diesel exhaust fumes

OUR DEEP COMMITMENT TO RAILROAD INJURY LAW

Our Virginia railroad accident injury

lawyers offer two downloadable legal

guides focused on railroad worker

injury law. We can send one, or both,

of these guides in PDF format to your

e-mail inbox. Please visit our website

for more information.

This publication is intended to educate the general public about personal injury, medical malpractice, and other issues. It is for information purposes only and is not intended

to be legal advice. Prior to acting on any information contained here, you should seek and retain competent counsel. The information in this newsletter may be freely copied

and distributed as long as the newsletter is copied in its entirety.

ALL WE DO IS INJURY LAWShapiro, Appleton & Duffan, P.C.

1294 Diamond Springs RoadVirginia Beach, VA 23455(800) 752-0042www.hsinjurylaw.com

ALL WE DO IS INJURY LAWShapiro, Appleton & Duffan, P.C.

Winter 2016 Newsletter

Download our firm's new

mobile app. Use it for quick

legal advice and to keep

track of medical bills and

physical therapy visits.

2016 Public Health Update: Talc Baby Powder & Ovarian Cancerspage 1