Many Talcum Powder Lawsuit Plaintiffs May Not Survive to See Their Day in

Washington, DCAn effort to centralize body powder and cancer lawsuits to a federal court in Illinois is being met with opposition from body powder lawsuit attorneys representing plaintiffs who have just a few years to live and may not survive to see their day in court.

One plaintiff associated with a Johnson & Johnson lawsuit, Tanashiska Lumas, had previously petitioned the Judicial Panel on Multidistrict Litigation to consolidate cases to Illinois, in part due to the position held by the Southern District of Illinois as the transportation hub of the country.

For its part, the defendant in the talcum powder lawsuits has moved to have the lawsuits consolidated in New Jersey, where J&J calls home.

However, attorneys for plaintiffs most seriously ill with ovarian cancer – allegedly triggered from the use of body powder manufactured and marketed for decades by J&J – have suggested that consolidation isn’t necessary, given that general causation has already been litigated three times in courts of law.

That leaves the only issue remaining identified as individual causation which, the attorneys argue, would be more appropriate to achieve through the hearing of individual lawsuits in multiple courts.

There is another, more poignant reason why consolidation of such cases would not be a good idea, note body powder attorneys representing the most seriously ill plaintiffs: centralization would result in delays, and take up valuable time many plaintiffs simply do not have.

Body powder lawsuit plaintiff Lisa Wilson is one such plaintiff who is reported to be in the late stages of ovarian cancer. Advocates of plaintiffs who are extremely ill, stress that the only way these women will achieve their day in court is the availability of multiple courts around the country to deal with the litigation, as opposed to one single, centralized jurisdiction.

A growing number of plaintiffs have filed a Johnson & Johnson lawsuit alleging their use of body powder, or talcum powder, triggered their illness. Various studies have found a link between the use of talc in the female genital area, and the onset of ovarian cancer. The manufacture of talcum powder (primarily from talc, a natural mineral) at one time involved an association with asbestos, although the latter is thought to be no longer associated with talcum powder.

It is the long-term use of talcum powder in the female genital area that is triggering many a body powder lawsuit. A heritage product used for decades on babies to prevent diaper rash – and in later years marketed to women as a source for freshness and odor control – many women have used body powder for most, if not all of their adult lives. One such plaintiff is Lumas, who was born in 1976 and used talcum powder for feminine hygiene for most of her life until she was diagnosed with ovarian cancer in 2011.

Various plaintiffs in talcum powder lawsuits accuse Johnson & Johnson of withholding the risks associated with body powder and cancer in order to protect a heritage brand.

Arguments before the Judicial Panel on Multidistrict Litigation took place a week ago Thursday on the second-last day of September of this ear. The case is In re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation, MDL No. 2738, before the Judicial Panel on Multidistrict Litigation.