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Monday, October 14, 2019

Plaintiff blames ovarian cancer on exposure to talc, manufactured and sold by the defendants

By Molly English-Bowers | Mar 27, 2016

NEW ORLEANS – A New Orleans woman is suing a corporation over her exposure to a substance that allegedly led to her developing ovarian cancer.

Paula Jackson filed the suit March 16 in U.S. District Court for the Eastern District of Louisiana New Orleans Division against Johnson & Johnson, Johnson & Johnson Consumer Companies Inc., Luzenac America Inc., Rio Tinto Minerals Inc., John Does/Jane Does 1-30, and Unknown Businesses and/or Corporations A-Z.

While the first four defendants are corporations, defendants Does are representatives of those corporations whose conduct allegedly caused or contributed to the damages of the plaintiff. Defendants Unknown likewise are entities whose conduct allegedly caused or contributed to the damages to the plaintiff.

Defendants Johnson manufactured products, composed almost entirely of talc, that are at issue in this case. Defendants Luzenac and Rio have continually marketed talc as safe for human use.

The plaintiff applied the defendants' products to her groin for feminine hygiene purposes from 1974 to 2015, a foreseeable use of those products based on their advertising, according to the complaint.

On Sept. 27, 2015, the plaintiff was diagnosed with ovarian cancer. At that time she was 62 and allegedly did not have any risk factors for the disease.

According to the suit, from as early as 1961, research showed that the use of talc in consumer products could be dangerous. Despite the defendants' alleged awareness that women were three times more likely to develop ovarian cancer after daily use of talcum powder, they continued to market and sell it.

As a result of this alleged conduct, the plaintiff was injured and suffered damages, namely ovarian cancer, which will require multiple treatments and surgeries.

The plaintiff brings six counts against the defendants, among the counts: strict product liability, negligence and breach of warranties. She requests that the following damages be considered separately and individually under each count for the purpose of determining the amount of money that will fairly compensate her: severe impairment to her ovaries, medical expenses, pain and suffering, mental anguish, lost wages and income, fear of cancer, physical impairment and disfigurement, loss of enjoyment of life, pre- and post-judgment interest, exemplary and punitive damages, attorney fees and other relief the court deems proper.

The plaintiff is represented by Eusi H. Phillips of the Law Office of Eusi H. Phillips LLC in New Orleans and Marion D. Floyd of the Law Office of Marion D. Floyd in Kenner.

U.S. District Court for the Eastern District of Louisiana New Orleans Division Case number 16-cv-2277

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