Johnson & Johnson Moves To Dismiss Fraud Claim In Talcum Powder Lawsuit

TheProductLawyers.com reports on a recent effort by Johnson & Johnson to have claims of fraud and conspiracy dismissed. An Aug. 23 motion by the company sought to dismiss claims of conspiracy, fraud, misrepresentation and warranty claims, arguing that the claims are not particular enough. The motion was filed in the U.S. District Court for the Middle District of Georgia and stated that the plaintiffs in the case (No. 4:2016cv00263) have not given enough specific incidents of misconduct to continue with the case. The plaintiff had claimed that she was diagnosed with ovarian cancer in November 2015 and that it had been caused by exposure to talcum powder products.

Ovarian Cancer And Talc Claims

Thousands of women have begun filing lawsuits against companies such as Johnson & Johnson claiming that the products lead to the development of ovarian cancer. Many plaintiffs have filed on their own behalf or on the behalf of a deceased loved one. These lawsuits allege that not only do talcum powder products lead to ovarian cancer but that the companies knew about the existing dangers and continued to sell them without warning consumers. As a result, many plaintiffs have made claims for fraud, misrepresentation, and conspiracy.

Major Settlements

Thus far, Johnson & Johnson has been made to pay two large settlements to plaintiffs involved in talcum powder cases. The first settlement was in the amount of $72 million to an Alabama family who lost a family member to ovarian cancer. In the February 2016 case, a St. Louis jury determined that enough evidence existed to show a link between talcum powder use and ovarian cancer. The second settlement was paid in the amount $55 million to a South Dakota woman who claimed that her 35-year use of talcum powder led to her ovarian cancer diagnosis. Following these cases, thousands more have been filed and are pending in courts across the U.S.