Missy Clyne Diaz  |  October 2, 2014

Category: Consumer News

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baby-powder-ovarian-cancerClass action lawyers for a woman accusing Johnson & Johnson of concealing the risk of ovarian cancer caused by Johnson’s baby powder and Shower to Shower body powder shot back at the company’s motion to dismiss her proposed class action lawsuit, arguing that just because the plaintiff did not contract cancer does not mean she was not harmed financially by purchasing the products.

The Johnson’s baby powder cancer class action lawsuit, filed by plaintiff Barbara Mihalich in Illinois federal court in May, accuses J&J of concealing carcinogenic risks associated with talcby both falsely representing that it was safe and promoting its use on women and babies’ genital areas.

Characterizing Mihalich’s allegations as “misplaced, illogical and meritless,” J&J sought to have the Johnson’s baby powder class action lawsuit dismissed. The company argued  in an August 14 motion that a purported economic injury was “implausible” since the talcum powder has many other uses and Mihalich failed to show why eliminating one use would make the product worthless.

According to Mihalich’s lawyers, it is a fraudulent and deceptive practices case, not a personal injury claim.

Mihalich lost “an ascertainable loss of money by purchasing a dangerous product advertised as a safe product,” according to her Sept. 25 motion.

“Had Defendants disclosed that the Powder is in fact a toxic carcinogen that, among other things, increases the risk of ovarian cancer, the price of the Powder (if it had any value) would have been less than the price of a safe, non-carcinogenic product,” the motion states.

“Thus, all consumers who purchased the product overpaid for it because of Defendants’ deceptive conduct, and, as a result, ‘[Plaintiff] has been deprived of the benefit of her bargain and has spent money on Johnson’s® Baby Powder when it contained serious risks, which were known to Defendants but undisclosed, concealed, and misrepresented by Defendants.’”

There exists “overwhelming” scientific and medical evidence that there’s a nexus between Johnson’s baby powder (talc is the inorganic material used in the powder) and an increased risk of ovarian cancer in women who use it on their genital areas, according to Mihalich’s baby powder cancer class action lawsuit.

Her Johnson’s baby powder class action lawsuit comes after a South Dakota federal judge last year agreed with a jury that Johnson & Johnson’s negligence amounted to a legal cause of a plaintiff’s cancer, in addition to a number of other cases alleging the same health risks of talc. There is another pending proposed Johnson’s baby powder class action lawsuit filed in April (Estrada v. Johnson & Johnson).

Recent medical studies have indicated that talc particles can migrate through the vagina to the uterus, fallopian tubes, and ovaries causing ovarian tumors.

According to the medical journal Cancer Prevention Research, women who used talc powder on their genitals may face a 20 percent to 30 percent higher risk of ovarian cancer than those who do not.

The Johnson’s Baby Powder Cancer Class Action Lawsuit is Mihalich v. Johnson & Johnson, et al., Case No. 3:14-cv-00600, U.S. District Court for the Southern District of Illinois.

In general, baby powder cancer lawsuits are filed individually by each plaintiff and are not class actions.

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If you used Johnson’s Baby Powder, Shower to Shower, or another talcum powder product and were diagnosed with ovarian cancer, you may have a legal claim. Family members of loved ones who died of ovarian cancer can also join. Submit your information now for a free case evaluation.

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