The family of a Connecticut woman who died from ovarian cancer has filed a new talcum powder lawsuit against Johnson & Johnson alleging the company’s Baby Powder was responsible for her death.
According to a November 3rd filing in the U.S. District Court, District of Connecticut, Patricia Agresta used Johnson & Johnson’s Baby Powder for more than 50 years as part of her daily feminine hygiene routine.
Agresta was diagnosed with ovarian cancer in 2011 and died two years later.
Like other talcum powder lawsuits filed against the healthcare products giant, the complaint cites a number of studies pointing to a link between talc-based powders and ovarian cancer, including a 1995 analysis that suggested that regular, genital talc use increased a woman’s risk for the disease by 27%.
According to Law.com, the Agresta family has not put a dollar figure on their damage claims. However, the complaint indicates that they are seeking compensation for violation of the Product Liability Act within the Connecticut General Statutes; violation of the Connecticut Unfair Trade Practices Act within the Connecticut General Statutes; wrongful death; loss of consortium; and survival claim.
In a recent filing with the U.S. Securities and Exchange Commission, Johnson & Johnson reported that it has been named a defendant in more than 5,500 talcum powder lawsuits in courts nationwide.
“The number of pending product liability lawsuits continues to increase, and the Company continues to receive information with respect to potential costs and the anticipated number of cases. Lawsuits have been primarily filed in state courts in Missouri, New Jersey and California,” the filing stated. “Cases filed in federal courts in the United States have been organized as a multi-district litigation in the United States District Court for the District of New Jersey. The Company has established an accrual for defense costs in connection with product liability litigation associated with body powders containing talc.”
Since early 2015, plaintiffs in several high-profile talcum powder trials have been awarded multi-million dollar judgments ranging from $55 million to $417 million. Recently, however, a judge in California overturned the $417 million verdict because of accusations involving juror misconduct and other issues.
A $72 million verdict awarded to an out-of-state plaintiff in Missouri’s talcum powder litigation was also tossed to comply with new standards set by the U.S. Supreme Court’s recent ruling in Bristol-Myers Squibb v. Superior Court of California. Those standards require that suits be filed in jurisdictions where defendants are headquartered or where a plaintiff’s injuries are alleged to have occurred.