As adults, most of us have used Johnson & Johnson’s baby powder on our babies—and on ourselves. In fact, although baby powder with talc was first developed in the early 18902, by 1913, ads for the product stated, “Best for Baby, Best for You.” By 1965, a J & J advertisement read, “Want to feel cool, smooth and dry? It’s as easy as taking powder from a baby.” By 1985, J & J estimated that a full 70 percent of J & J baby powder with talc was being used by adults. It seems pretty clear that J & J marketed their baby powder with talc specifically for feminine hygiene use when their ad in 1988 stated, “Your body perspires in more places than just under your arms.”
Despite this, it was known as early as the 1930s that talc-based products could potentially cause harm to human beings. Surgeons who dusted their surgical gloves with talcum powder prior to performing peritonitis surgeries found later the talc fibers left in the body caused significant inflammation in the abdominal region. In 1971, researchers found talc fibers embedded deep in removed ovarian and cervical tumors. Once this information became public, most other companies that sold talc-based products, replaced the talc with cornstarch to be safe. Although J & J also developed a product using cornstarch, they continued manufacturing and selling their baby powder with talc and Shower to Shower with talc for another half a century.
Where Does the Baby Powder Ovarian Cancer Litigation in Indianapolis, Indiana Stand?
The first lawsuit against J & J was filed by Deane Berg in 2009 after she refused a confidential settlement. While the jury found in favor of Berg, she received no monetary award. In the ensuing years, several more women or their families received sizeable awards, but J & J appealed each of those decisions. In 2018, 22 women who filed a joint case against J & J received an award in the billions.
While J & J appealed that decision, it was upheld in June 2020 by a Missouri Appeals Court, although the punitive award portion was significantly diminished. As of now, there are some 20,000 lawsuits pending against J & J by women who developed ovarian cancer after using J & J baby powder with talc for feminine hygiene purposes. Many of these lawsuits were filed by women in the state of Indiana.
Has J & J Baby Powder with Talc Been Recalled in the U.S.?
As a potentially inflammatory agent which can reach the upper genital tract, and given that talc was, in 2006, declared “possibly carcinogenic,” by the IARC, it is curious that the FDA has not yet recalled talc-based products. At this time, the company selling talc to J & J added a warning on their safety data sheet which stated perineal use of talcum powder was a possible risk factor for ovarian cancer. Johnson & Johnson did not announce until May 2020 that they would no longer be selling their talc-based products in the United States and Canada, although they continue to assert their talc-based products are safe. J & J attributed the move to the “constant barrage of litigation.”
Have the Statutes of Limitations Passed for My Baby Powder Ovarian Cancer Case In Indianapolis, Indiana?
If you have been diagnosed with ovarian cancer after using J & J’s talc-based products you may have a baby powder ovarian cancer lawsuit. The statutes of limitations are an important consideration in product liability and personal injury claims. The statutes of limitation govern the amount of time a plaintiff has to file a lawsuit against the manufacturer of a dangerous or defective product and vary from state to state. These statutes can be impacted by a number of issues, therefore, you should always speak with an experienced product liability lawyer to determine where you stand and receive a comprehensive assessment of your Indianapolis, Indiana talcum powder claim.
How Could Consulting with a Indianapolis, Indiana Baby Powder Ovarian Cancer Lawyer Be Beneficial?
Those who have received a diagnosis of ovarian cancer after using J & J talc-based powders for feminine hygiene purposes could benefit from speaking to an experienced Houston talcum powder ovarian cancer lawyer from Sullo & Sullo. We can answer your questions, helping you determine how to proceed.