Johnson & Johnson faces a man’s recent talc powder lawsuit filed on a loved one’s behalf in the United States District Court for the Eastern District of New York. The talc powder lawsuit was filed on Aug. 31, 2018 demanding jury trial.
Plaintiff Thomas T. has filed the complaint on behalf of his deceased mother Lorrain T., who allegedly developed ovarian cancer as a direct result of having used J&J’s baby powder for nearly her entire life.
According to the talc powder lawsuit, Lorrain was born in 1939. She was diagnosed with ovarian cancer on Aug. 19, 2014 following a laparascopic abdominal, peritoneal and omentum biopsy. She later passed on Dec. 20, 2016 as a consequence of the cancer, the lawsuit states.
The talc powder lawsuit was filed on multiple counts including failure to warn, design and/or manufacturing defect, negligence, breach of express warranty, breach of implied warranty, punitive damages, negligent misrepresentation, fraudulent concealment, intentional misrepresentation, consumer fraud, restitution or disgorgement based on unjust enrichment, wrongful death and survival action.
Overview: Talc Powder Lawsuit
According to the American Cancer Society, talc is a mineral composed of oxygen, silicon and magnesium. Its purpose as a powder is to help reduce friction and absorb moisture. It is also used as an ingredient in a vast variety of cosmetic products including J&J’s baby powder product.
However, thousands of lawsuits have been filed in state and federal court by consumers alleging that they have suffered severe adverse side effects, including the development of ovarian cancer following their repeated use of J&J’s baby powder. Currently, there are nearly 5,000 lawsuits pending against the company.
The main issue is that the powder is primarily composed of talc. In fact, a number of federal agencies including the International Agency for Research on Cancer (IARC) have claimed that it causes cancer. The agency is part of the World Health Organization (WHO) which has stated that, “perineal use of talc-based body powder is possibly carcinogenic to humans (Group 2B).”
A growing body of evidence has suggested that using talc in the peritoneal area can increase a woman’s chances in developing ovarian cancer. Reportedly, the longer a woman uses the product, the greater the chance she has of developing ovarian cancer.
In fact, it is estimated that one in 75 women will develop ovarian cancer in her lifetime. More than 20,000 new cases for ovarian cancer were discovered in 2017 and there were over 14,000 deaths as a result of ovarian cancer.
Just this year a jury awarded to women more than $4 billion who have claimed that the company’s baby powder product caused their ovarian cancer development. Despite this, however, J&J continues to stand by its claims that its product does not cause cancer.
In a statement made by the company, they have said they remain “confident that its products do not contain asbestos and do not cause ovarian cancer and intends to pursue all available appellate remedies.”
The Talc Powder Lawsuit is Case No. 2:18-cv-04957-JMA-SIL, in the U.S. District Court for the Eastern District of New York.
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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