A new talc powder wrongful death lawsuit was filed in U.S. District Court, for the District of New Jersey on July 12, 2017.

This complaint, filed by plaintiff Katherine M. on behalf of the estate of Anne M., brings claims against Imerys Talc America and Johnson & Johnson for their roles in mining, producing and distributing the talcum-based products known as Johnson’s Baby Powder and Shower to Shower.

This new talc powder wrongful death lawsuit is part of multidistrict litigation (MDL) No. 2738, which is proceeding in the federal court for the District of New Jersey.

Katherine says Ann M. was 61 years old at the time of her death on July 28, 2015. The representing plaintiff in this survivorship action claims her own losses and harm done to her late relation, including wrongful death and economic loss.

Complaints in Talc Powder Wrongful Death Lawsuit

As recounted in the short form documentation, the decedent used Johnson’s Baby Powder or Shower to Shower for approximately 42 years as part of a daily feminine and overall hygiene regimen. Katherine says that women had been encouraged for decades in Johnson & Johnson’s advertising and promotion campaigns to do this to absorb excess wetness and to soothe areas subject to excess friction and irritation.

According to the factual allegation section of the complaint, specific reference is made to the genital area by the manufacturers in their promotions when it was advertised that it should be used “after a bikini wax to help reduce irritation and discomfort.” It was also stated that talcum products were safe for overall body use to keep odor at bay.

This talc powder wrongful death lawsuit is a product liability case that alleges Johnson &Johnson knew of the mounting evidence linking ovarian cancer to use of talc as far back as 1971. In that year, a first study conducted in Wales suggested a link between talc and ovarian cancer.

In 1982, the  first epidemiological study was completed that discovered a 92% increase in risk of ovarian cancer related to genital talcum powder use.

The long form complaint associated with this talc powder wrongful death lawsuit speaks about discovery of internal documents at Johnson & Johnson. These documents clearly stated that if talc products were found to be compromising to women’s health, they would not hesitate to pull it from market circulation. Yet the data was existing and no such action was taken.

Katherine M., survivor and executor of the estate of Ann M., brings the following counts against the defendants: Strict Liability, Failure to Warn and Defective Design and Manufacturing , Breach of Express Warranties, Breach of Implied Warranty of Merchantability, and Breach of Implied Warranty of Fitness for a Particular Purpose.

She also brings Counts of Negligence, Negligent Misrepresentation, Fraud, Fraudulent Concealment, Wrongful Death – Survival Action and Violation of the Consumer Protection Act of the State of California.

Katherine M. is asking for a trial by jury with a favorable judgement as seems appropriate and just. She wishes for punitive and compensatory damages and replenishment of the cost of the baby powder wrongful death lawsuit.

The Talc Powder Wronful Death Lawsuit is Case No. 3:17-cv-05096-FLW-LHG, in the U.S. District Court for the District of New Jersey.