A Missouri federal judge this month ruled that claims of conspiracy brought forth in various baby powder cancer lawsuits are valid. This talcum powder ruling stemmed from a recent baby powder wrongful death lawsuit, in which a woman allegedly died from baby powder ovarian cancer in 2011.

Decedent plaintiff Shawn B. allegedly used Johnson & Johnson Baby Powder, as well as Shower-to-Shower Baby Powder, in her genital area for years. She died in 2011 from ovarian cancer, a condition which her husband Michael B. claims was directly caused from her use of J&J and Shower-to Shower’s baby powder products.

Michael filed this baby powder cancer lawsuit against J&J, Shower-to-Shower, Talc America, and other talcum powder manufacturers, alleging the defendants knew (or should have reasonably known) of the increased risk of ovarian cancer associated with talcum powder products. The companies allegedly concealed the baby powder cancer link on purpose and also chose not to warn the general public or the medical community of the ovarian cancer risks.

Michael brings several allegations against J&J and the other defendants in this baby powder cancer lawsuit, including claims of failure to warn, breach of warranty, negligence, concert of action and civil conspiracy.

In response, the defending talcum powder manufacturers filed a motion to dismiss the conspiracy and concert of action claims brought forth in the talcum powder lawsuit. While U.S. District Judge Ronnie L. Wilson did dismiss the plaintiff’s concert of action claims, the judge has allowed Michael’s conspiracy claims to move forward in litigation.

According to Judge Wilson’s order:

“The Court holds that Plaintiff alleges the elements of an action for conspiracy. Plaintiff alleges that Johnson & Johnson defendants and Imerys helped to form TIPTF [Talc Interested Party Task Force] with the illegal objective of preventing consumers from earning about the potentially harmful effects of talc use. The Court finds that Plaintiff has sufficiently alleged, even under the heightened pleading standards of Rule 9(b), specific actions by both the Johnson defendants and Imerys in furtherance of the conspiracy, which injured [Shawn B.].”

Michael’s baby powder cancer lawsuit is scheduled to begin jury trial on March 7, 2016, in a federal Missouri court.

The Baby Powder Cancer Lawsuit is Case No. 4:14-cv-00213-RLW, in the Circuit Court of the County of St. Louis, Missouri.

History of Baby Powder Cancer

In 1893, J&J began manufacturing and selling its talc powder product, Johnson’s Baby Powder. In addition to making baby and adult skin feel soft and clean, Johnson’s Baby Powder has also been marketed as a safe product aid in masking odors when applied to the female genital area.

In 1960, researchers began studying talc powder side effects, and found an increasing trend of ovarian cancer in correlation with talc powder use. Study after study demonstrated a strong link between the use of talc-based baby powder and a woman’s risk of developing ovarian cancer later on in life.

In light of these studies, many female consumers have filed baby powder cancer lawsuits or have joined existing Johnson’s Baby Powder class action lawsuits.