The lawsuit was filed in the Eastern District of California by Mona Estrada, a woman who used baby powder for feminine hygiene purposes since 1950. She claims Johnson & Johnson knew about the risk of ovarian cancer as early as 1982, but continued to market the product as “safe” for daily use.
Judge Troy L. Nunley tossed these claims after finding that Estrada “fails to identify any specific statements about safety.”
Her lawsuit also proposed economic loss claims on behalf of all women who were misled into purchasing a product they trusted. Judge Nunley tossed these claims, finding that Estrada must have received the “benefit-of-the-bargain” because she continued to buy the product:
“Plaintiff used the Baby Powder for decades presumably because Plaintiff enjoyed the benefits of elimination of friction on the skin, absorption of unwanted excess moisture, and maintenance of freshness. Her continued purchase of the Baby Powder suggests that Plaintiff indeed received such benefits from the Baby Powder and believed it was worth the price.”
She can file an amended complaint within 30 days.
Estrada did not actually develop ovarian cancer, but plenty of lawsuits have been filed by women who did.
In October 2013, Johnson & Johnson lost a trial involving a woman who used Shower-to-Shower for over 30 years. The woman, Deane Berg, was diagnosed with ovarian cancer in 2006. The jury in South Dakota agreed that Johnson & Johnson failed to adequately warn about the link between talcum powder and cancer.
Do I have a Baby Powder Class Action Lawsuit?
The Schmidt Firm, PLLC is currently accepting Johnson & Johnson Baby Powder induced injury cases in all 50 states. If you or somebody you know has been diagnosed with ovarian cancer, you should contact our lawyers immediately for a free case consultation. Please use the form below to contact our Product Liability Litigation Group or call toll free 24 hours a day at (866) 920-0753.
Attention Lawyers: We consider a referral from another law firm to be one of the greatest compliments. If your firm is interested in referring us a case or for us to send you a list of previous award judgments and/or average referral fees, please visit the Lawyer Referral section of our website.