Class Action Lawsuit For Talc-Cancer Warnings Rejected

Introduction

A majority opinion issued recently by the U.S. Court of Appeals for the Third Circuit rejected the class action lawsuit, filed by Mona Estrada in April 2014, claiming economic damages for all the women who purchased Johnson & Johnson's asbestos-laden talcum powder. The federal appeals court upheld the decision made by a lower court in 2015, rejecting the lawsuit to reinstate a class action lawsuit over talcum powder cancer warnings.

The complaint was filed to seek class-action status to pursue economic damages for all women who purchased J&J's Baby powder. Estrada did not develop ovarian cancer but alleges a proper label warning would have prevented several women from using the talcum products for personal hygiene purpose and is seeking economic damages from the jury.

The Appeals Court denies the claims made by the woman calling it a “buyer’s remorse.” The opinion issued stated, “because the plaintiff here has failed to plead facts sufficient to establish economic harm, the District Court’s judgment will be affirmed.”

Talcum products have been reported to cause ovarian cancer and mesothelioma in many individuals across the nation. J&J is charged with more than 10,000 lawsuits all alleging that they downplayed the risks of their Baby Powder and Shower-to-Shower Powder products, which contains carcinogenic asbestos in them. The multidistrict litigation (MDL 2738; In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation) is presided over by Hon. Freda L. Wolfson, U.S.D.J./ Hon. Lois H. Goodman for coordinated pretrial proceedings in the District of New Jersey.

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