Tennessee Talcum Powder Lawsuit Filed September 19
A woman who claims her decades-long use of Johnson & Johnson's talc products led to her ovarian cancer diagnosis filed a baby powder lawsuit claiming the company failed to warn her of potential risks.
Sunday, September 25, 2016 - A Tennessee man has filed a Johnson & Johnson's baby powder lawsuit on behalf of his mother, who died of ovarian cancer in September of 2015. The lawsuit claims that the health care company was aware of the connections between its talcum powder products and ovarian cancer and failed to warn consumers of the potential risk. The talcum powder lawsuit is one of more than 1,200 currently filed in the U.S. and seeks to recover damages for the pain and eventual loss of life of the plaintiff's mother.
The talcum powder lawsuit was filed by Kristopher George, whose mother Stephanie Michelle Kelley passed away almost exactly a year ago. She was first diagnosed with ovarian cancer in March of 2015 and died only six months later on September 19. The Johnson & Johnson's baby powder lawsuit claims that she used talcum powder products regularly on her genitals since she was a small child, which is consistent with the parameters researched in the more than 20 studies conducted into the relationship between talcum powder and ovarian cancer. The claim only lists that she was born in 1969, which means Kelley was either 45 or 46 years old at the time of her death.
The talcum powder lawyers representing Kelley claim that Johnson & Johnson had been aware of these studies and the growing evidence for a link between ovarian cancer and their popular cosmetic, but failed to warn consumers in fears that it may hurt the product's marketability. This is consistent with many talcum powder lawsuits filed around the country, which has contributed to the hundreds of claims filed against Johnson & Johnson in the past year.
The allegations also state that not only did Johnson & Johnson fail to warn consumers of the dangers their products could pose, but actively advertised for their use as a hygienic aid for female genitalia. This encouraged women to use the product in the precise way that medical research claimed led to an increased risk in ovarian cancer. The science is not particularly new either, as the first study on the topic took place in the early 1970's and there has been a steady stream of evidence rolling in since that time.
As the case was filed in a federal court in Tennessee, the talcum powder lawsuit may be subject to consolidation if a motion to transfer currently before the Judicial Panel on Multidistrict Litigation is granted. The hearing session to determine the fate of the motion to transfer will take place on September 29 and likely receive a ruling a week or two thereafter. If granted, all the federal Johnson & Johnson's baby powder cancer lawsuits would potentially be centralized before a single federal court to expedite pre-trial proceedings.
For the time being however, the talcum powder lawsuit filed by George on behalf of his deceased mother will proceed before the U.S. District Court for the Eastern District of Tennessee until further notice. Barring a settlement or dismissal in the pretrial process, the talcum powder lawsuit will eventually go to trial as requested the plaintiff.