The alleged link between talc use and ovarian cancer development over time is part of a new lawsuit filed in a federal court in New York.
The plaintiff, Barbara L., is a resident of New York State with a home in Bronx County. The named defendants in this case include Johnson & Johnson, Imery’s Talc America, and the Personal Care Products Council. Barbara alleges she developed ovarian cancer after using the defendants’ talc-based powders.
The narrative of the new lawsuit speaks of the long history of Johnson & Johnson’s promotions of their baby powder and Shower to Shower products. This long history, according to the lawsuit, demonstrates their intent to market these products toward women and babies specifically.
With references made to former website and print ads, the facts section of the documentation quotes the company making subtle and direct references to genital use such as “apply after a bikini wax to reduce friction and discomfort” and “your body perspires in more places than just under your arms.”
The alleged connection between talc use and ovarian cancer was supposedly never mentioned through any of these mediums. Concurrently, messages of overt safety of the talcum-based products were touted, leading to an assumption of safety when using it on the peritoneal region.
Studies Linking Talc Use and Ovarian Cancer
According to the baby powder lawsuit, a 1971 completed study from Wales linked talc use and ovarian cancer. Over the decade following this study, other research seemed to confirm this connection with statistics revealing a stunning 92% increase in risk of developing the disease with long-standing use of talcum-based products.
Data from further studies has continued to underscore the relationship. Yet according to plaintiffs, Johnson & Johnson as well as other named defendants continue to downplay this information and promote safety.
Plaintiff History with Johnson & Johnson Talc Products
For the 25 years, from 1980 until 2005, the plaintiff says she used both Johnson’s Baby Powder and Shower to Shower products on her genital area consistently, relying upon the safety messages provided by the manufacturers. She claims she used the products following package directions.
In the early summer of 2014, however, Barbara L. was diagnosed with ovarian cancer after several diagnostic procedures. Her lawsuit alleges that her talc use and ovarian cancer diagnosis were intertwined–the disease happened as a direct consequence of her peritoneal use of these two highly-promoted products.
Barbara L. is filing her lawsuit with the following actions against the named defendants: Failure to Warn, Defective Design, Negligence, Gross Negligence, Breach of Express Warranty, Breach of Implied Warranty, Strict Liability, Concert of Action, Civil Conspiracy, Negligent Misrepresentation, Fraudulent Misrepresentation and Omission, Fraudulent Concealment, and Violations of New York Deceptive Trade Practices Statutes.
Because of her lengthy talc use and ovarian cancer diagnosis that caused her to suffer, Barbara L. is asking for compensatory damages, including consideration for mental anguish, physical pain and suffering, economic loss due to ill health and medical bills. In addition, she is asking for punitive damages to be levied against the defendants to discourage their disregard for the well being of others in the future.
The Talc Powder Ovarian Cancer Lawsuit is Case No. 1:18-cv-00797-ALC, in the U.S. District Court for the Southern District of New York.
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