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Judge Sends Talcum Powder Cancer Lawsuit Back to State Court

Judge Sends Talcum Powder Cancer Lawsuit Back to State Court

October 7, 2014 — HarrisMartin reports that a lawsuit alleging that talcum powder causes ovarian cancer was remanded back to state court in Missouri.

The lawsuit involves 65 women who were diagnosed with ovarian cancer after using talcum powder products in the genital region. Johnson & Johnson is accused of failing to adequately warn about this risk, despite decades of growing evidence.

U.S. District Judge Jean C. Hamilton sent the case back to Circuit Court in St. Louis, where it was originally filed in June 2014.

In August, Johnson & Johnson transferred the case to the U.S. District Court for the Eastern District of Missouri. One week later, plaintiffs successfully convinced Judge Hamilton to remand the case back to state court, arguing that they fulfilled diversity requirements for state court.

As the litigation continues to grow, it is possible that lawsuits will be centralized in a federal Multi-District Litigation (MDL). This is a type of mass-tort that is similar to a class action, but each individual lawsuit can have its own outcome.

Class actions and individual lawsuits have already been filed in several states, including one case that went to trial in South Dakota last year. The jury ruled that Johnson & Johnson did not do enough to warn about ovarian cancer, but denied awarding damages for the plaintiff, a 56 year-old woman who was diagnosed with ovarian cancer after using Shower-to-Shower every day for 30 years.

Last year, Cancer Prevention Research published a study linking the use of talcum powder in the genital area with a 20-30% increased risk of epithelial ovarian cancer.

Do I have a Talcum Powder Ovarian Cancer Lawsuit?

The Schmidt Firm, PLLC is currently accepting talcum 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.

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