A recent baby powder lawsuit that alleged perineal talc use could contribute to some 2,500 ovarian cancer diagnoses every year resulted in a $72 million verdict against Johnson & Johnson. The company continues to defend the safety of talc, which comes with no labels warning of cancer risks.
Eisbrouch Marsh national product liability attorneys leverage decades of experience litigating defective and dangerous drug cases brought by clients who were not adequately warned about a product’s risks or inherent dangers. To discuss your options for legal compensation, we encourage you to reach out for a complimentary case review: 201-342-5545.
Who Can File a Talcum Powder Lawsuit?
At the law offices of Eisbrouch Marsh, we have the expertise to hold companies like Johnson & Johnson accountable for their actions. Our attorneys have procured million-dollar awards on behalf of clients and our long track record of verdicts and settlements speaks for itself. Plaintiffs who file a Shower to Shower lawsuit can seek damages for:
- Past and future medical costs
- Loss of income and future earnings
- Pain and emotional trauma
- Loss of spousal consortium
Women who have used talcum powder around the genitals and developed ovarian cancer may have a viable claim for damages. There is enough evidence that suggests a connection between talc and cancer, and Johnson & Johnson has failed in its duty to caution consumers about this link.
Johnson and Johnson Recoveries
The first federal talc powder lawsuit was filed by a 56-year-old South Dakota woman named Deane Berg. In 2013, her case went to trial and jurors found J&J liable for negligence in failing to warn about cancer risks. After the verdict was rendered (though no monetary award was granted), reports surfaced that Berg turned down a $1.3 million settlement from J&J, because she didn’t want to sign a confidentiality clause that would ban her from speaking out about the hazards of talc products.
Since Berg’s case went to trial, another 1,200 lawsuits have been filed around the country, though most of the complaints are centralized in Missouri and New Jersey state courts.
In February 2016, J&J once again returned to the court room, this time in St. Louis, Missouri where they lost the case and were ordered to pay a staggering $72 million to the family of an Alabama woman who died from ovarian cancer. Jackie Fox, according to her attorneys, had used Baby Powder and Shower to Shower for more than 30 years before she was diagnosed with the disease. The panel found J&J liable for fraud, negligence and conspiracy.
During the three-week trial, the jury saw an old Johnson & Johnson memo conceding the talc-cancer connection that recommended enhanced marketing efforts targeted toward Hispanic and black women rather than upgrading product labels.
J&J lost their second talc cancer lawsuit less than three months later, when another Missouri jury awarded plaintiff Gloria Ristesund $55 million. Similar to other claimants, the 62-year old had used the company’s talc powders in her underpants for years and was later diagnosed with ovarian cancer. Now in remission from her cancer, Ristesund says she is gratified by the verdict, though J&J plans to appeal.
How Does Talcum Powder Cause Ovarian Cancer?
The World Health Organization (WHO) stated in 2010 that the “perineal use of talc-based body powder is possibly carcinogenic to humans.” However, research has shown a causal link between genital talc use and cancer for more than three decades.
In 2003, one meta-analysis of 16 different talc studies determined that women who used talcum powder in the perineal area had a 33 percent greater risk of developing ovarian cancer than those who did not. Claimants argue that Johnson & Johnson, which manufactures the iconic Baby Powder and Shower-to-Shower products, knew about this risk since the early 1980s, but chose to conceal this information in order to preserve sales.
Talc is a soft mineral that is used in hundreds of consumer products, some of which have been promoted as an easy way for women to stay fresh and clean between showers. Scientists speculate that when applied to the genital area, talc particles are absorbed through the tissue and then move up through the fallopian tubes to the ovaries, where they cause low-grade inflammation and irritation. Long-term inflammation is associated with a predisposition to cancer.
Symptoms of Ovarian Cancer
- Unusual vaginal bleeding
- Menstrual irregularities
- Bloating
- Sharp pain and pressure
How Our Law Firm Can Help
Eisbrouch Marsh is a respected personal injury law firm that offers aggressive legal representation in claims filed against Big Pharma. If you or someone you love has been diagnosed with ovarian cancer after using talc-based powders for feminine hygiene purposes, you may be entitled to substantial compensation. Our law firm works with skilled investigators and medical experts, and has the resources and know-how to build a strong case that demonstrates liability through fraudulent actions, negligent concealment and failure to warn.
With the guidance of a compassionate talcum powder lawyer, victims can be assured that their suffering will not go unnoticed or unpunished. Here at Eisbrouch Marsh, we are dedicated to helping those who have been injured by someone else’s negligence. Our legal fees are taken out of any settlement or verdict awarded, so there are zero costs to pursue your claim.
Because each state has statutes of limitations for filing a personal injury lawsuit, don’t miss your opportunity to seek justice. Call our offices at 201-342-5545 to schedule a free consultation today.
Resources
- Reuters, Johnson & Johnson ordered to pay $55 million in talc-powder trial http://www.reuters.com/article/us-johnson-johnson-talc-verdict/johnson-johnson-ordered-to-pay-55-mln-in-talc-powder-trial-idUSKCN0XT20L
- Cancer Prevention Research, Genital powder use and risk of ovarian cancer: a pooled analysis of 8,525 cases and 9,859 controls https://www.ncbi.nlm.nih.gov/pmc/articles/PMC3766843/
- Journal of the National Cancer Institute, Talc Use and Ovarian Cancer: Epidemiology Between a Rock and a Hard Place https://academic.oup.com/jnci/article/doi/10.1093/jnci/dju260/914440/Talc-Use-and-Ovarian-Cancer-Epidemiology-Between-a
- WebMD, $72M Awarded in Johnson & Johnson Baby Powder Case, https://www.webmd.com/cancer/news/20160224/talcum-powder-cancer-verdict
- American Cancer Society, Talcum Powder and Cancer https://www.cancer.org/cancer/cancer-causes/talcum-powder-and-cancer.html
