Plaintiff Barbara C., a 75-year old resident of the State of Kansas, recently joined a multidistrict legislation (MDL) against Johnson and Johnson Inc. and Imerys Talc America Inc. on June 26, 2017.
The plaintiff is claiming injury from use of talcum powder made from talc that was mined, developed, and marketed by the defendants as safe for daily use. The baby powder cancer MDL is No. 2738 and is active in the U.S. District Court for the District of New Jersey.
According to the short form complaint filed with the baby powder cancer MDL, Barbara C. had used Johnson’s Baby Powder or a similar product named Shower to Shower from 1970 to 2006. She is suing the defendants for causing injury by promoting genital use of a product known to potentially contribute to ovarian cancer.
Baby Powder Cancer MDL No. 2738
According to the legal documentation, Barbara C. was 54 years old when she was diagnosed with ovarian cancer in 1996. At that time, she had been actively using talc products as part of a feminine hygiene routine for 26 years. At the time of her diagnosis, she resided in the State of Kansas as she does presently.
Talc is a mineral known as magnesium trisilicate that is mined from the earth. Defendant Imerys allegedly supplied raw, mined talc for use in Johnson & Johnson’s talc-based products.
In joining this baby powder cancer MDL, the plaintiff complains of injury to herself by use of talc products and related economic loss in the form of medical bills, and inability to be gainfully employed during illness.
In the baby powder cancer MDL, the allegations against the two defendants are many. Litigants offer examples by which Johnson & Johnson marketed their talcum products targeting women and implying its safety when it came to use on the genital area.
This marketing was continuous despite growing body of evidence of talcum’s danger and correlation to ovarian cancer with continual and repetitive use, according to the plaintiffs.
In the light of this purported correlation, Barbara C. brings the following counts against the Johnson and Johnson: Counts 2, 4 – Products Liability, Strict Liability, Failure to Warn, Defective Manufacture and Design; Counts 5-7 – Breach of Warranty, Breach of Express Warranties, Breach of Implied Warranty of Merchantability, Breach of Implied Warranty of Fitness for a Particular Purpose; Counts 9, 11 – Negligence, Negligent Misrepresentation; Count 12 – Fraud; Count 14 – Violation of the Consumer Protection Laws of the State of Kansas; Count 16 – Fraudulent Concealment.
The plaintiff also brings the following counts against Imery’s Talc America: Counts 1, 3 – Products Liability, Strict Liability, Failure to Warn, Defective Manufacture and Design; Count 8 – Negligence; Count 15 – Fraudulent Concealment.
Barbara C. is seeking a trial by jury and justice served on her behalf by a reward of punitive and compensatory damages as is felt to be fair. She is also seeking that all court and attorney’s fees be considered as part of her compensation in a favorable judgment.
The Baby Powder Cancer Lawsuit is Case No. 3:17-cv-04701-FLW-LHG, in the U.S. District Court for the District of New Jersey.
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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