Meredith Friesen  |  April 29, 2015

Category: Consumer News

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baby powder cancerA federal judge has dismissed a proposed class action lawsuit alleging that Johnson’s Baby Powder causes ovarian cancer, due to the nature of the plaintiff’s claims.

While many women have filed individual baby powder cancer lawsuitsagainst Johnson & Johnson following the development of ovarian cancer, plaintiff Mona E. filed a class action lawsuit based on economic damages without stating that she had actually been diagnosed with ovarian cancer.

The baby powder lawsuit alleged that Johnson & Johnson failed to warn women that the talcum powder found in Johnson’s Baby Powder and Shower to Shower could cause the development of ovarian cancer when used for feminine hygiene.

Talcum powder has often been compared to asbestos, a known carcinogen. Like asbestos, talcum powder has the ability to remain undetected in the body for a long period of time before cancer is diagnosed. Talcum powder particles can remain in the pelvis and ovaries undetected for years.

While talcum powder is currently listed as a “possible carcinogen,” studies have supported the connection between talcum powder and ovarian cancer. One study suggested that women who use talcum powder in their genital area increase their risk of ovarian cancer by 24 percent.

Baby Powder Lawsuit Flaws

In this particular Johnson’s Baby Powder class action lawsuit, the plaintiff’s main claim was for financial damages. Mona and prospective Class Members claimed that they never would have purchased Johnson & Johnson’s Baby Powder or other talcum powder products had the manufacturers properly warned them of ovarian cancer risks.

While this may be true, Mona’s baby powder cancer lawsuit did not claim that she developed ovarian cancer or suffered other negative health effects from using baby powder for feminine hygiene purposes. Therefore, U.S. District Judge Troy L. Nunley dismissed the lawsuit due to the lack of injury and to the fact that she bought and used Johnson’s Baby Powder for years and “enjoyed the benefits” of the product at its price.

The judge allowed Mona 30 days to amend her complaint.

Baby Powder Lawsuits

While this baby powder lawsuit was dismissed, others have been more successful. One baby powder lawsuit filed in 2013 determined that Johnson & Johnson failed to warn against the risk of talcum powder ovarian cancer.

Plaintiffs have also alleged that Johnson & Johnson marketed their product for feminine hygiene use even though the label does not mention that use.

Already, countless women have allegedly developed ovarian cancer after using Johnson’s Baby Powder.

Women across the country may have used the products for decades, unaware of the ovarian cancer risks associated with certain Johnson & Johnson baby powder products. Many women have chosen to file baby powder lawsuits against the manufacturer, and it is estimated that hundreds more may file.

A baby powder class action lawsuit investigation has been launched to aid those diagnosed with ovarian cancer following talcum powder use.

Do YOU have a legal claim? Fill out the form on this page now for a free, immediate, and confidential case evaluation. The attorneys who work with Top Class Actions will contact you if you qualify to let you know if an individual lawsuit or class action lawsuit is best for you. [In general, baby powder cancer lawsuits are filed individually by each plaintiff and are not class actions.] Hurry — statutes of limitations may apply.

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Join a Free Baby Powder Cancer Class Action Lawsuit Investigation

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.

An attorney will contact you if you qualify to discuss the details of your potential case at no charge to you.

 

Please note: Top Class Actions is not a settlement administrator or law firm. Top Class Actions is a legal news source that reports on class action lawsuits, class action settlements, drug injury lawsuits and product liability lawsuits. Top Class Actions does not process claims and we cannot advise you on the status of any class action settlement claim. You must contact the settlement administrator or your attorney for any updates regarding your claim status, claim form or questions about when payments are expected to be mailed out.