Tamara Burns  |  May 25, 2017

Category: Consumer News

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Beautiful female hands with the talcum powder isolated on whiteA wife and her husband have filed a lawsuit against Johnson & Johnson, talc supplier Imerys Talc and CVS Pharmacy and their related companies over the talcum powder cancer risk that was allegedly hidden by the aforementioned companies.

Plaintiff Bobbi M. and her husband Moses M. originally filed their talcum powder cancer risk lawsuit in Rhode Island state court. It was recently removed to federal court.

According to the complaint, Bobbi used talcum powder products made by the Defendants to dust her perineum for feminine hygiene purposes from 1985 until 2012, believing that doing so was safe. However, in January 2012, at the age of 42, Bobbi was diagnosed with ovarian cancer.

The talcum powder lawsuit states that Bobbi “developed ovarian cancer and suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the researching, mining, milling, developing, testing, screening, treating, storing, manufacturing, producing, processing, promoting, supplying, distributing, marketing, purchasing, and selling of talcum powder.”

As a result of this undisclosed talcum powder cancer risk, Bobbi states that she has incurred medical expenses, endured pain and suffering and has lost enjoyment of her life.

Johnson’s Baby Powder and its Shower-to-Shower products are made with talcum powder. This powder is primarily comprised of talc, a natural mineral that is mined from the earth. The talcum powder lawsuit states that these products were marketed to women to use for feminine hygiene purposes to keep them fresh, masking odor and wetness.

The complaint goes on to state that Imerys Talc, Johnson & Johnson and CVS were all aware of the talcum powder cancer risk associated with the products, yet neglected to inform consumers of the possibility of developing ovarian cancer with the use of the product.

The talcum powder lawsuit states that research has shown over the past several decades that talc has been implicated in certain cases of ovarian cancer. Research has shown back as far as the 1970s and 1980s that there is an association between genital use of talc and ovarian cancer.

The plaintiffs state that despite this research, the suppliers, manufacturers and distributors continue to sell the products without adequate warnings of the talcum powder cancer risk.

The plaintiffs have brought forth a number of counts against the defendants including strict liability for failure to warn, manufacturing defect and design defect, negligence, breach of express warranty, breach of implied warranties, civil conspiracy, concert of action, fraud, fraudulent misrepresentation and intentional concealment, negligent misrepresentation and punitive damages.

Moses has brought forth an allegation of loss of consortium against all defendants, stating that he has been deprived of spousal companionship from his wife. “As a direct and proximate result of one or more of those wrongful acts or omissions of the Defendants described herein, [Moses] has been deprived of the comfort, care, affection, companionship, services, society, advice, guidance, counsel, and consortium of his spouse.”

In addition to seeking judgment against the defendants, the plaintiffs are seeking damages related to medical expenses, pain and suffering, exemplary or punitive damages, treble damages, pre-and post-judgment interest, costs of suit, disgorgement of profits, and general damages, attorneys’ fees and costs and any additional relief as deemed just and proper by the court. They are seeking a jury trial.

The Talcum Powder Cancer Risk Lawsuit is Case No. 1:17-cv-00183, in the U.S. District Court for the District of Rhode Island.

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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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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