Talcum Powder Lawsuit Filed In South Dakota
A new Johnson & Johnson's baby powder lawsuit, in which the daughter of a woman who died from cancer claims the disease stemmed from her mother's talcum powder use, has been filed in South Dakota.
Monday, October 3, 2016 - One of the most recent talcum powder cancer lawsuits was filed in South Dakota on September 23 and alleges Johnson & Johnson's failure to adequately warn the plaintiff's mother about the dangers of their controversial cosmetic led to her cancer diagnosis and eventual death. The claim is one of well over 1,000 similar baby powder lawsuits currently filed across the country, most of them looking to hold Johnson & Johnson responsible for ovarian cancer believed to be tied to their products.
The South Dakota Johnson & Johnson's baby powder lawsuit was filed nearly three years to the day since Theresa Cunningham passed away from cancer on September 26 of 2013. Cunningham's daughter, Carol Shoup, filed the claim on her mother's behalf and alleges that Johnson & Johnson "negligent, willful, and wrongful conduct" in relation to the marketing of their talcum powder products led directly to her mother's cancer diagnosis and subsequent death. The lawsuit claims that Cunningham used talcum powder regularly and genitally for over a decade, during which time Johnson & Johnson was allegedly aware of significant medical studies being conducted into the connection between talcum powder and ovarian cancer.
Johnson & Johnson's baby powder lawyers representing plaintiffs around the country have been relying on the more than 20 medical studies that have been published and reported a link between ovarian cancer and talcum powder use. However, a recent judgment by a New Jersey judge found expert testimony and the medical evidence related to this connection inadmissible and dismissed two talcum powder lawsuits. This was seen as a big blow to plaintiffs seeking to hold Johnson & Johnson responsible for cancer diagnoses connected to talcum powder use, though the setback could be reversed with a favorable outcome to a recent baby powder cancer trial that just began in St. Louis.
The City of St. Louis Circuit Court, where two earlier talcum powder lawsuits went to trial earlier this year, is hearing its third such case of 2016. The trial began last week and will have a substantial role in determining the direction of talcum powder lawsuits going forward. The first two trials that were completed in February and May awarded the plaintiffs a combined $127 million dollars. However following the dismissal of the Johnson & Johnson's baby powder lawsuits in New Jersey, the outcome of this trial could seriously tilt the scales in favor of the defense if the jury sides with the health care company.
As for the talcum powder lawsuits filed on behalf of Ms. Cunningham, her talcum powder attorneys will likely be monitoring the outcome of a possible consolidation of federal lawsuits into multidistrict litigation. The motion to transfer went up before the Judicial Panel on Multidistrict Litigation on September 29, and the announcement as to whether the litigation will be centralized or not is expected to be made in the next week. October is proving to be a decisive month for the fate of Johnson & Johnson's baby powder lawsuits nationwide.
OnderLaw, LLC -