A baby powder cancer lawsuit filed by an Illinois woman will be sent back to a county circuit court as ordered by U.S. District Judge Staci Yandle.
Judge Yandle remanded the lawsuit to Madison County circuit court, where it originally began, and dismissed arguments from defendant Johnson & Johnson that plaintiff Candace L. fraudulently named Walgreens in the baby powder lawsuit in order to defeat federal jurisdiction.
Yandle further stated that Walgreens will remain in the talcum powder lawsuit because the plaintiff has alleged claims of strict liability, negligence and civil conspiracy.
According to Judge Yandle, even if Walgreens has a valid defense to the strict liability claim, Illinois statue does not mandate dismissal because of the plaintiff’s other allegations against the retailer.
After she was diagnosed with ovarian cancer at age 49, plaintiff Candace L. is suing Johnson & Johnson and Walgreens for failing to warn that talcum powder products could lead to the potentially deadly condition.
According to her baby powder cancer lawsuit, Johnson & Johnson encouraged women through advertising to use the talc powder product on their genital area as a way to “mask odors.” Plaintiff Candace claims she used the product as part of her daily feminine hygiene ritual for more than 30 years before developing ovarian cancer.
The baby powder lawsuit states that Walgreens marketed, promoted and sold Johnson & Johnson products without warning customers that using talc on their genital area could cause cancer, even though the drug store chain knew or should have known of the risk.
Walgreens’ attorneys have argued that the company does nothing but provide shelf space for the talcum powder products. However, according to Candace’s lawsuit, Walgreens continues to market talc products to women “for use in the perineal region, going so far as to advise as to the appropriate type of talc to purchase.”
Ovarian Cancer Studies
Medical experts believe that the reason baby powder can lead to ovarian cancer is that talc can travel from the vagina to the ovaries, which causes the buildup of talc particles leading to cancer.
Baby powder and its potential link to ovarian cancer has been studied for decades. In 1971, British researchers analyzed the biopsies of 13 ovarian tumors and found talc particles present in 10 of them.
A 1982 study found that feminine use of talcum powder increased a patient’s risk of developing ovarian cancer by 92 percent. Candace’s lawsuit further claims that by 1993, toxicologists determined that talc (the main ingredient in Johnson’s Baby Powder) was considered a carcinogen.
The American Cancer Society estimates that doctors diagnosed nearly 22,000 new cases of ovarian cancer in the United States last year. While the cancer generally remains undetected until it is in an advanced stage, there are some symptoms to watch out for, including:
- Quickly feeling full when eating
- Discomfort in the pelvis area
- Weight loss
- Abdominal bloating or swelling
- A frequent need to urinate
- Changes in bowel habits, such as constipation
Baby Powder Cancer Lawsuits
About 700 baby powder cancer lawsuits have been filed against talc powder manufacturers so far, with the majority of lawsuits filed in New Jersey, home to Johnson & Johnson’s headquarters.
In general, plaintiffs claim that Johnson’s Baby Powder and Shower to Shower products are marketed and designed for daily use on the genital area. For example, Shower to Shower talc products are advertised as “just a sprinkle a day keeps odor away,” while Johnson’s Baby Powder is promoted as “clinically proven to be gentle and mild for your baby’s skin.”
Those who have filed a baby powder lawsuit or joined a baby powder class action lawsuit seek financial compensation for medical expenses needed to treat ovarian cancer, as well as for the pain and suffering they have endured.
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.