By Tamara Burns  |  April 4, 2017

Category: Consumer News

Ovarian cancer in human illustrationA woman has filed a talc cancer lawsuit against Johnson & Johnson, its talc distributor Imerys Talc America Inc., and several related companies after her mother died due to ovarian cancer allegedly caused by her talc powder use.

Plaintiff Nikki C. brought forth the complaint on behalf of her mother Robin H. in Louisiana federal court in early March. Robin died in January 2015. Nikki says her death “was directly and proximately caused by her regular and prolonged exposure to talcum powder in Defendants’ Johnson & Johnson Baby Powder.”

Talc is a naturally-occurring inorganic mineral. Imerys is the company responsible for mining the talc that Johnson & Johnson uses in its baby powder, which is made up almost entirely of talc. Other baby powders may use cornstarch or other powders as a base.

According to the talc cancer lawsuit, Robin used the talcum powder to dust her genital area daily for feminine hygiene for several decades. “This was an intended and foreseeable use of the J&J Baby Powder based on the advertising, marketing, and labeling of the J&J Baby Powder,” the talc cancer lawsuit states.

Robin was diagnosed with ovarian cancer in 2014, and died the following year. “As a direct and proximate result of the Defendants’ calculated and reprehensible conduct, Robin [H.] Developed ovarian cancer, which metastasized through her body, and required multiple medical treatments and procedures, and ultimately resulting in her untimely death.”

There has been a lot of research conducted that has suggested a link between talc and ovarian cancer over the last several decades. The first study was published in 1971 and found that of the ovarian tumors studied, nearly all of them had talc deeply embedded within them.

Since that time, approximately two dozen more studies have suggested an association between the use of talc for feminine hygiene and the later development of ovarian cancer.

The talc cancer lawsuit goes on to state that several agencies have brought forth concerns about talcum powder use and its potential link to ovarian cancer. It states, “The Defendants had a duty to warn about the hazards associated with the use of J&J Baby Powder.”

Despite knowing of the potential safety hazards, the plaintiff alleged that “[t]he Defendants failed to inform its customers and end users of J&J Baby Powder of a known catastrophic health hazard associated with the use of its products.”

Nikki has brought forth a number of allegations against the defendants including strict liability for failure to warn as well as manufacturing and design, negligence, breaches of express and implied warranties, civil conspiracy, concert of action, negligent misrepresentation, fraud, violation of the Louisiana Products Liability Act, redhibition (Louisiana’s version of a “lemon law”), unfair and deceptive trade practices and punitive damages. She has also brought forth survival and wrongful death claims.

The plaintiff is seeking a jury trial in order to recover damages related to Robin’s mental and physical pain and suffering, mental anguish, loss of enjoyment of life and disability prior to her death. She is also seeking damages for loss of consortium (companionship), grief and mental anguish, loss of support and services, loss of love and affection, and loss of guidance and moral support of her mother.

The Talc Cancer Lawsuit is Case No. 2:17-cv-01928-JCC-JVM, in the U.S. District Court for the Eastern District of Louisiana.

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.

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Please Note: If you want to participate in this investigation, it is imperative that you reply to the law firm if they call or email you. Failing to do so may result in you not getting signed up as a client, if you qualify, or getting you dropped as a client.

 

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