Tuesday, August 2, 2016

Motion Filed to Consolidate Talcum Powder Lawsuits into an MDL

            On July 15th, a motion to consolidate filed lawsuits against Johnson & Johnson regarding their talcum powder products was filed. Cases are now pending in approximately ten federal district courts. They all allege that J&J actively concealed and failed to warn consumers of a potential link between their talcum powder-based products and ovarian cancer.  The motion requests the U.S. Judicial Panel on Multidistrict Litigation to create a new MDL for these claims in front of Judge David Herndon in the Southern District of Illinois.

            The motion was filed after two largely publicized St. Louis jury verdicts against J& in the amounts of $72 million and $55 million. The verdicts included $62 million and $50 million awards form punitive damages respectively. Plaintiffs’ alleged that J&J’s Baby Powder and Shower to Shower, both talc-based products, exposed women to an increased risk of developing ovarian cancer. Further, they allege that J&J was aware of the risk and, despite such knowledge, failed to provide any warnings.

            Eleven new cases have been filed this year and that number will inevitably increase. Currently the cases are pending in ten different federal courts; merging would help to avoid inconsistencies amongst the various jurisdictions, as well as help bring about a more timely resolution to the issue. As most are still in the early stages of litigation, joining them now is practical.

            The motion requests that Judge Herndon be appointed to oversee the MDL, arguing that he would be ideal to handle this litigation as he has a great deal of experience having previously resided over similar claims against harmful pharmaceuticals such as Pradaxa and Bayer’s Yasmin. Regardless of being held liable in three previous jury trials, J&J continues to maintain that there is no plausible link to an increased risk of ovarian cancer and their products. Responses to the motion are due August 5th.

What is Talcum Powder?

Talcum powder is created from the mineral talc, and is used to keep skin dry and prevent friction and rashes. It is commonly found in hygienic products like Johnson & Johnson’s Baby Powder. Talc itself is composed of several different organic materials – even originally containing Asbestos, a known carcinogen. Although the FDA has now banned Asbestos in any talc-based product, Talc’s molecular makeup is still itself very similar. Due to its crystalline structural nature, when ingested talc may cause chronic inflammation, which in turn may cause cancer or other severe illnesses.

A study published in the Journal of the National Cancer Institute indicated the increased risk by women that used talc-based products regularly for genital hygiene. Additionally, an article in the Cancer Prevention Research journal noted a 20% to 30% risk increase of certain types of ovarian cancers associated with genital powder use.  Because of findings from studies like these, the International Agency for Research on Cancer classified perineal (genital) use of talcum powder as “possibly carcinogenic to humans.”

What Injuries Can Occur From Using Talcum Powder?

            Most of the lawsuits being filed involve people who developed certain types of cancers which could be linked to using talcum powder. Below are several of the cancers which studies have shown increase in likelihood if using talcum powder:
Ovarian
Endometrial/Uterine
Cervical
Fallopian Tube
Leiomysarcoma

How Can We Help?


Booth Samuels and the attorneys at Pittman, Dutton & Hellums, P.C. are currently accepting talc-injury cases. If you or someone you love is a female that regularly used J&J Baby Powder or Shower to Shower and, since the year 2000, have been diagnosed with any of the above forms of cancer, please contact Booth Samuels at 1-866-515-8880 or by email at booths@pittmandutton.com for a free consultation.