Talc Lawsuit Made Just in Time
Posted on Sep 29, 2010 9:50am PDT
On September 23, Bloomberg Business Week reported that a federal judge won't be dismissing a lawsuit filed on the last allowable day against Johnson & Johnson for the possible defective nature of their dangerous product, talcum powder and its connection to ovarian cancer.
Johnson & Johnson, and its talc mineral mining company, Luzenac America Inc., claimed that the suit was filed after the statute of limitations, but U.S. District Judge Karen Schrier denied their motion.
The lawsuit states that Johnson & Johnson - aware of research obtained between 1988 and 1992 showing the increases of ovarian cancer due to frequent administration of their talc-based product on genitalia - failed to inform consumers.
Johnson & Johnson promoted the female use of both of its talc based products Shower to Shower, along with their Johnson's Baby Powder, during this five-year period.
Deane Berg, of Sioux Falls, filed the lawsuit as she had used the talcum-based products for personal hygiene for approximately 30 years before being diagnosed with ovarian cancer in 2006.
The lawsuit says, "This was an intended and foreseeable use of the defendants' products based on the advertising, marketing and labeling of the products by the defendants."
The American Cancer Society stated that the studies have been inconsistent and that "Findings are mixed, with some studies reporting a slightly increased risk and some reporting no association. Only a small minority of women who have used talcum powder will ever develop ovarian cancer and it is impossible to say to what extent talc use had contributed to these cases."
This is the first lawsuit connecting talc use and ovarian cancer that Berg's attorney, R. Allen Smith, has been involved with. Smith is with the Talc Litigation Group based in Mississippi.
Johnson & Johnson has made no formal answer to the lawsuit though their attorney has been both telephoned and e-mailed.
The talc mining company, Luzenac, claims that they are not liable as their company only supplied the raw material - under all safety guidelines - to Johnson & Johnson. The Judge had dismissed Luzenac America's parent company as a defendant earlier in the proceedings.
There are other individuals and corporations - yet to be identified - that are named as defendants.
Defendants claim the deadline for the applicable three-year statute of limitations had expired as the lawsuit began when they were notified by affidavits filed on January 4, 2010 in court.
Schrier ruled that it began when Berg was diagnosed with cancer on December 26, 2006. The lawsuit was filed on December 27, 2009 with December 28, 2009 as the day Johnson & Johnson was notified. Since December 26, 2009 fell on a Saturday the deadline moved up to Monday, December 28.
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