A new wrongful death lawsuit has been filed that alleges a link between talc powder and cancer led to the decedent’s death.
Plaintiff Jesse F. is registering the complaint on behalf of decedent Thelma F. as her anticipated estate representative. The talc powder and cancer lawsuit was filed on Nov. 21, 2017 in U.S. District Court for the Northern District of Mississippi, Aberdeen Division.
The named defendants in this case are Johnson and Johnson, Johnson and Johnson Consumer Inc., Imery’s Talc America Inc., and Personal Care Products Personal Council. Johnson and Johnson has its primary headquarters in New Brunswick, New Jersey but promotes and sells its products in all 50 states domestically and worldwide as well.
Plaintiff Jessie F. is Thelma’s daughter. She claims that her mother’s long-term use of talc powder and cancer were linked causally.
Thelma F. allegedly used Johnson and Johnson talc products for a 30-year period beginning in the early 1970’s. According to the talc powder and cancer lawsuit narrative, Thelma F. developed ovarian cancer “as a direct and proximate cause” of this daily use. She was diagnosed on Nov. 26, 2014 at age 58 years.
Thelma F. was a citizen and resident of Houlka, Miss., where she allegedly used talc powder and cancer was later diagnosed. Her daughter, Jessie F. is also a resident of Mississippi. Thelma succumbed to the effects of her cancer and died on Sept. 13, 1017.
Links Between Long-Term Use of Talc Powder and Cancer
Evidence linking the use of talc powder and later development of ovarian cancer was first discovered in 1971, according to the factual allegation section of the lawsuit. The suggestion of a causal relationship was found after reviewing a study conducted by a Wales physician names W.J. Henderson.
Another study, completed in 1982, analyzed the epidemiological data concerning ovarian cancer and female genital application of talc products. Conducted by Dr. Daniel Cramer, the study concluded that there was a 92% increase in developing this type of cancer in women that used talc powder in the genital area over time.
The Plaintiff’s Allegations and Requests
On behalf of herself and her later mother’s estate, Jessie F. is bringing the following counts against the named defendants: Counts One and Two—Strict Liability, Failure to Warn; Counts Three and Four—Strict Liability, Defective Manufacture and Design; Count Five—Breach of Express Warranties; Count Six—Breach of Implied Warranty of Merchantability; and Count Seven—Breach of Implied Warranty of Fitness for a Purpose.
Jessie F. also brings these additional counts against the defendants: Counts Eight, Nine, and Ten—Negligence; Count Eleven—Negligent Misrepresentation; Counts Twelve and Thirteen—Fraud; Count Fourteen—Violation of Consumer Protection Laws; Counts Fifteen, Sixteen, and Seventeen—Fraudulent Concealment; Count Eighteen—Civil Conspiracy; Count Nineteen—Loss of Consortium; Count Twenty—Punitive Damages; Count Twenty-One—Discovery Rule and Tolling; Count Twenty-Two—Wrongful Death; Count Twenty-Three—Survival Action.
Jessie F. is asking for a trial by jury, compensatory damages of more than $75,000 because of her pain and suffering, physical impairment, and emotional distress. She is also asking for economic damages because of medical bills and lost earnings due to illness as well as punitive damages against the companies.
The Talc Powder and Cancer Lawsuit is Case No. 1:17-cv-00196-SA-DAS in U.S. District Court for the Northern District of Mississippi, Aberdeen Division.
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