Motion to Dismiss Conspiracy Claims Rejected in Lawsuit Over Increased Ovarian Risk from Powder Containing Talc, Parker Waichman Comments

Share Article

The lawsuit involves allegations that Johnson & Johnson talcum powder was responsible for a woman’s death due to ovarian cancer.

News Image
We are hopeful, that as litigation progresses, just compensation results for women and their families who have suffered serious injuries, even death, following use of Johnson & Johnson Baby Powder and Shower to Shower products

Parker Waichman LLP, a national law firm dedicated to protecting the rights of consumers affected by defective products, is commenting that, United States District Judge Ronnie L. White of the Eastern District of Missouri (St. Louis), denied a Motion to Dismiss Conspiracy Claims brought against Johnson & Johnson and Imerys Talc America, Inc., fka Luzenac America, Inc., over allegations that their talcum powder products led to a woman’s death from ovarian cancer. The lawsuit, brought by the woman’s husband, is Michael Blaes v. Johnson & Johnson, et al., in the United States District Court, Eastern District of Missouri, Eastern Division, Case Number 4:2014cv00213.

The plaintiff alleges that his wife, Shawn, died of ovarian cancer allegedly caused by her use of Johnson & Johnson Baby Powder and Shower to Shower products in her genital area; the J&J products contained talc mined and sold by Imerys. The Plaintiff also alleges that J&J and Imerys collaborated, as part of an effort to illegally prevent consumers from learning about possible dangerous adverse reactions associated with talc use, in a variety of ways. The collaboration allegedly included their performing wrongful acts to misrepresent and hide information concerning dangers tied to use of talcum powder in the genital area, creating the “Talc Interested Party Task Force” (TIPTF) to defend talc use and prevent regulation via biased self-funded and –disseminated research reports, releasing bogus information concerning the safety of talc use by consumers, and utilizing political and economic persuasion on regulatory entities. (Michael Blaes v. Johnson & Johnson, et al., in the United States District Court, Eastern District of Missouri, Eastern Division, Case Number 4:2014cv00213)

According to Parker Waichman LLP, the Firm has been contacted by a number of women who have raised concerns regarding their regular use of talcum powder to their genital areas. Specifically, these woman are concerned that they may experience increased risks for developing ovarian cancer and are worried that the powder may make its way to their ovaries, where it may settle and lead to inflammation and, later, cancer.

Meanwhile, the first federal lawsuit brought over allegations that Johnson & Johnson baby powder led to ovarian cancer concluded in 2013. The case is Deane Berg v. Johnson & Johnson Consumer Companies, Inc., U.S. District Court, District of South Dakota, Case No. 09-4179 and the jury found that Deane Berg developed ovarian cancer as a result of frequent and regular use of Johnson’s Baby Powder and Shower to Shower products over three decades led to her diagnosis of ovarian cancer. In that case, Daniel Cramer, a Harvard epidemiologist and an expert on baby powder and ovarian cancer, indicated that, of the more than 22,000 new ovarian cancer cases diagnosed in 2013, about 10,000 would be associated with perineal dusting of talcum powder.

The lawyer representing Johnson & Johnson admitted at trial that J&J executives were aware of the association between baby talcum powder and ovarian cancer, but did not consider the risk sufficiently significant to warrant a product warning. (Deane Berg v. Johnson & Johnson Consumer Companies, Inc., U.S. District Court, District of South Dakota, Case No. 09-4179)

“We are hopeful, that as litigation progresses, just compensation results for women and their families who have suffered serious injuries, even death, following use of Johnson & Johnson Baby Powder and Shower to Shower products,” said Gary Falkowitz, Managing Attorney at Parker Waichman LLP. “We continue to provide free legal consultations to anyone who seeks more information about legal rights regarding these products.”

If you or a loved one sustained ovarian or endometrial cancer following perineal use of Johnson & Johnson Baby Powder or Shower to Shower products, or other talcum powder products, you may have valuable legal rights. Please visit the Firm’s Talcum Cancer Injury page today or call our Talcum Cancer Injury attorneys at 1-800-LAW-INFO (1-800-529-4636).

Share article on social media or email:

View article via:

Pdf Print

Contact Author

Gary Falkowitz
Follow us on
Visit website