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The surviving family of a woman who died of ovarian cancer has filed a Johnson’s Baby Powder lawsuit attributing her cancer and death to her use of talcum powder.
Plaintiff Gregory K. is bringing this Johnson’s Baby Powder lawsuit as the personal representative of the estate of his late spouse Kathryn.
He is joined by co-plaintiffs Adam, Andrew and Emily K., all of whom are Kathryn’s surviving children.
Gregory argues that Kathryn’s death from ovarian cancer resulted from her use of Johnson & Johnson talc-based products.
He believes Kathryn’s death could have been avoided had J&J issued a proper warning about the risk of ovarian cancer associated with talcum powder use.
Johnson’s Baby Powder Lawsuit Alleges Industry Conspiracy
In addition to J&J, other named defendants include talc mining and distributing company Imerys Talc America and cosmetics trade association Personal Care Products Council.
Among other claims, the plaintiffs believe these defendants conspired to suppress information about the risk of ovarian cancer associated with talc products.
The plaintiffs allege Kathryn used Johnson’s Baby Powder and Shower to Shower, both talcum powders made by defendant J&J, for feminine hygiene use from around 1975 to 2014.
She was diagnosed with ovarian cancer in November 2007 and ultimately died of that disease in August 2016.
Kathryn’s family now believes her ovarian cancer was caused by the J&J talcum powder products she used. They argue these products were “negligently and defectively designed” in a way that increased users’ risk of ovarian cancer.
According to the plaintiffs, numerous studies confirm that talcum powder significantly increases the risk of ovarian cancer in women who use it for feminine hygiene.
Plaintiffs claim that women who use talcum powder in their genital area have a 33 percent greater risk of developing ovarian cancer.
They also cite studies from as far back as the early 1970s that suggest a link between talc and ovarian cancer.
One study published in 1982 found that women who reported genital talc use had a 92 percent increased risk in ovarian cancer.
The plaintiffs claim that despite knowing about these risks, the defendants have failed to properly warn the public about them and instead continue to promote talc and talcum powder products as being safe for human use.
Plaintiffs believe Kathryn would not have used J&J’s talcum powder products had she been adequately informed of the associated risk of ovarian cancer.
Gregory’s Johnson’s Baby Powder lawsuit raises claims for failure to warn, defective design, negligence, negligent misrepresentation, breaches of express and implied warranties, civil conspiracy, concert of action, fraud and deceit, and violations of Ohio state consumer protection laws.
All of the family members assert claims for wrongful death and loss of consortium to cover their own losses related to Kathryn’s death.
As representative of Kathryn’s estate, Gregory is bringing a claim for survival to cover the harm caused to Kathryn before she died.
They seek awards of damages including economic, non-economic and punitive damages, court costs, attorneys’ fees, and pre- and post-judgment interest.
The Johnson’s Baby Powder Lawsuit is Case No. 2016-cv-00728, in the Court of Common Pleas for Portage County, Ohio.
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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