Friday, August 2, 2019

What Role Do Reproductive Experiences, Surgeries and Family History Play in Ovarian Cancer Risk?

Examining Potential Defense Counterarguments in Baby Powder Ovarian Cancer Claims

August 02, 2019 - The last few years have been difficult ones for Johnson & Johnson regarding the thousands of baby powder ovarian cancer lawsuits which have been filed against the company. Those who used Johnson & Johnson baby powder with talc or Shower to Shower with talc for feminine hygiene purposes and later developed ovarian cancer could have a valid claim against the pharmaceutical giant. Most of the women who have had favorable outcomes in their baby powder ovarian cancer lawsuits against Johnson & Johnson regularly used J & J’s talcum powder for anywhere from three to five decades; women under the age of 65 could have an even more favorable claim. The baby powder ovarian cancer lawsuit timeline includes:

  • In 2013, Deanne Berg won her baby powder ovarian cancer lawsuit against J & J for failure to warn consumers of the risk of developing ovarian cancer from using talcum powder products. Berg’s lawsuit was the first to claim that asbestos-free talcum powder could lead to ovarian cancer.
  • Between February 2016 and October 2016, three St. Louis, Missouri juries found J & J liable for the development of ovarian cancer in three women, awarding substantial monies to the family of Jacqueline Fox in a wrongful death claim; to Plaintiff Gloria Ristesund, and to Plaintiff Deborah Giannecchini.
  • A fourth trial in St. Louis found J & J not liable for damages for the Stage II ovarian cancer of Nora Daniels, despite the fact that surgeons removed a grapefruit-sized tumor containing particles of talc.
  • In May 2017, J & J suffered a fourth baby powder ovarian cancer lawsuit loss with a verdict of for Plaintiff Lois Slemp.
  • In August 2017, a Los Angeles jury awarded Plaintiff Eve Echeverria a significant award in her baby powder ovarian cancer lawsuit.
  • In July 2018, another St. Louis jury awarded substantial monies in damages and punitive damages to 22 women alleging J & J baby powder with talc caused their ovarian cancer.

Do Reproductive Experiences, Surgeries and Family History Add to the risk of Ovarian Cancer? Defensive Counterarguments in future litigation may focus on factors other than Talcum Powder usage that are also associated with Ovarian Cancer risk:

  1. A positive test for the BRCA1 gene which gives a woman a 35-70 percent higher risk of developing ovarian cancer;
  2. The use of birth control pills, which may give women a higher risk of developing ovarian cancer;
  3. A family history of ovarian cancer, which places women at a greater risk of developing ovarian cancer;
  4. Bearing no children, which places women at a higher risk of developing ovarian cancer, and
  5. No hysterectomy or a tubal ligation—both of which reduce the risk of ovarian cancer.

Some studies which appear to back up the above ovarian cancer links to reproductive experiences, surgeries and family history in the development of ovarian cancer include:

Determinants of Ovarian Cancer Risk. I. Reproductive Experiences and Family History; Cramer (1983) found pregnancy reduced the risk of ovarian cancer, breastfeeding had no effect on the risk of ovarian cancer, early menopause seemed to show an increased risk of ovarian cancer, and those with a family history of colon, lung, ovarian and prostate cancers among close family members showed an increased risk for ovarian cancer.

Personal and Environmental Characteristics Related to Epithelial Ovarian Cancer; Whittemore (1988) found a hysterectomy lowered the risk of ovarian cancer, the use of oral contraceptives increased the risk of ovarian cancer.

Reproductive and Other Factors and Risk of Epithelial Ovarian Cancer: An Australian Case-Control Study; Purdie (1995) found that longer use of oral contraceptives reduced the risk of ovarian cancer, smoking increased the risk of ovarian cancer, never having children increased the risk of ovarian cancer, a family history of ovarian cancer increased the woman’s risk of ovarian cancer and a hysterectomy or tubal ligation reduced the risk of ovarian cancer.

Risk Factors for Epithelial Ovarian Cancer in Beijing, China; Chen (1992) found that the more children a woman bore, the lower the risk of ovarian cancer, women who never had children had a very high risk for ovarian cancer and that more ovulatory years (30 plus) gave women a higher risk of ovarian cancer.

While there does appear to be some disagreement in the studies regarding whether birth control pills increase or decrease the risk of ovarian cancer, the studies largely agreed that a family history of ovarian cancer, surgical procedures in the form of hysterectomies and tubal ligations, and certain reproductive experiences could definitely affect the risk of ovarian cancer.

How a Baby Powder Ovarian Cancer Lawyer Can Help - If you have been diagnosed with baby powder ovarian cancer after using baby powder with talc for feminine hygiene purposes, it could be extremely beneficial to speak to a baby powder ovarian cancer attorney regarding a baby powder ovarian cancer lawsuit. Because there is a statute of limitations for product liability claims, it is extremely important that your claim be preserved. A baby powder ovarian cancer attorney can engage in an investigation of the facts surrounding your claim, then can file a claim on your behalf. Speaking to a well-qualified baby powder ovarian cancer lawyer can help to ensure that all your questions are properly answered and that your potential claim is properly preserved.

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