By Brigette Honaker  |  March 13, 2018

Category: Consumer News

Baby talcum powder containerJohnson & Johnson faces a talc powder lawsuit alleging their baby powder contains talc that caused an ovarian cancer diagnosis and death.

Plaintiff Joseph S. has filed a suit on behalf of his deceased wife Isabel S. claiming that Isabel’s ovarian cancer diagnosis was caused by her prolonged exposure to talcum powder in Johnson’s Baby Powder.

Joseph says Isabel routinely purchased and used Johnson’s Baby Powder for use in her perineal area from 1970 to 2016. Isabel allegedly used the product daily prior to her diagnosis of ovarian cancer in 2013. The talc powder lawsuitclaims that Isabel developed ovarian cancer due to her usage of Johnson’s Baby Powder. Isabel died in June 2016 as a result of her ovarian cancer.

Talc is a natural mineral and the main substance in talcum powders. Johnson’s Baby Powder is made almost entirely from talcum powder and therefore talc. Historically, Johnson’s Baby Powder has been marketed to women as a way to mask odors and absorb moisture to eliminate friction. However, researchers believe talc particles may have a propensity to move up the female reproductive system and come into contact with uterine lining and the ovaries.

According to the talc powder lawsuit, there have been more than 20 studies since 1982 which link ovarian cancer and the genital use of talc. In 1993, the U.S. National Toxicology Program published a study on the toxicity of non-asbestiform talc and found talc to be a carcinogen, with or without the presence of asbestos fibers. In February 2006, the International Association for the Research of Cancer (IARC) published a paper classifying talc body powder as a possible human carcinogen.

Lack of Disclosure

In his talc powder lawsuit, Joseph claims that Johnson & Johnson knew that talc products could cause ovarian cancer with genital use in women yet concealed such facts and instead marketed their products as completely safe.

“[Johnson & Johnson] actively and intentionally concealed and/or suppressed material facts, in whole or in part, to induce consumers, including [Isabel], to purchase and use the products and did so at her expense,” the lawsuit states.

Joseph believes that Johnson & Johnson had a responsibility to disclose the risks of their product in an accurate and timely manner. The lawsuit accuses that “[Johnson & Johnson] knew that their concealments, misrepresentations, and omissions were material, and that they were false, incomplete, misleading, deceptive, and deceitful when they were made.”

Joseph also attributed Isabel’s eventual death to the ovarian cancer allegedly caused by their products. His lawsuit claims that “[a]s a direct and proximate result of the aforesaid negligent acts or omissions of [Johnson & Johnson], Isabel sustained injuries which resulted in her death.”

Joseph accuses Johnson & Johnson of strict liability, negligence, breach of warranty, negligent misrepresentation, fraudulent concealment, fraud, violation of consumer laws, and wrongful death. He seeks a trial by jury, damages in excess of $50,000, medical expenses, lost earnings, attorney’s fees, and court costs.

The Talc Powder Lawsuit is Case No. 1:18-cv-01298 in the U.S District Court for the Northern District of Illinois.

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.

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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