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.
