Judge Dismisses Talcum Powder Supplier From Lawsuit
Judge Grants Talc Supplier a Pass in Johnson & Johnson Ovarian Cancer Trial
July 17, 2017
In a reversal from a previous tentative ruling, a California judge dismissed talc supplier Imerys from an upcoming trial concerning the ovarian cancer risks surrounding Johnson & Johnson’s talc-based feminine hygiene products.
Judge Maren Nelson opined that Imerys could not be sued for supplying Johnson & Johnson with an “inherently safe” product. That opinion is a reversal of Nelson’s earlier, tentative ruling that indicated Imerys would be required to stand trial for at least some of the charges leveled against it.
Attorneys for plaintiff Eva Echeverria, who alleges her terminal ovarian cancer has been caused by her prolonged use of Johnson & Johnson’s purportedly “safe” talcum powder products, urged the judge to reconsider. Yet Nelson held that, even if Imerys was aware of a cancer risk if talc is used for a prolonged time on the female genitals, the ingredient itself is, for general purposes, safe.
Echeverria’s trial is due to start within the week, in part because her terminal cancer means that she will not be able to testify if the trial is pushed back. Echeverria has been given six months to live.
In a related ruling, Judge Nelson denied a motion by Johnson & Johnson to keep Echeverria’s expert witnesses from testifying.
Johnson & Johnson has lost several high-profile cases in the state of Missouri, for which the pharmaceutical giant has been ordered to pay hundreds of millions of dollars in damages. The upcoming trial in California is a high-stakes event for the company, whose talcum powder and baby powder products have come under fire recently for their alleged links to ovarian cancer.
If you have ovarian cancer, and you have used talcum powder or baby powder for an extended period of time, you may be entitled to significant financial compensation. Contact TheLawFirm.com to learn how to join the case against Johnson & Johnson.
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