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Judge Denies Motion To Dismiss Talcum Powder Claims

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spilled baby powder

On October 24th of 2014, Imerys Talc America filed a Motion to dismiss the claims against them on the grounds of lack of personal jurisdiction. Judge John F. Garvey denied this motion on March 17th. Imery’s Talc America then filed a Motion to Reconsider the Order Denying the Motion to Dismiss, which was again denied, this time by Judge Rex M. Burlison.

The St. Louis talcum powder lawsuit is set for trial on Monday, February 1, 2016 at 9 AM, according to official court records.

Talcum powder is made from a mineral made up of magnesium, silicon, and oxygen and is known as talc.  Because of its powder form it assists in maintaining dry skin and prevents rashes in places on the body that can have friction.  Often, women use it on sanitary napkins.  As such, the dust particles can travel through the vagina, uterus, and fallopian tubes into the ovary.  Studies indicate that the powder particles found in talcum powder is connected to cancer of the ovaries that often plague women.

The International Agency for Research on Cancer is part of the World Health Organization and has identified talc powder as containing asbestos as “carcinogenic to humans.”  Based on limited evidence from human studies of a link to ovarian cancer, IARC classifies the perineal (genital) use of talc-based baby powder as “possibly carcinogenic to humans.” Around 20,000 women are diagnosed with ovarian cancer annually and more than 14,000 die.

In 2013, Deane Berg sued Johnson & Johnson and won through a jury verdict finding J&J guilty of failing to warn Berg and other consumers of the risks associated with using talcum powder and the possible connections to ovarian cancer.  The main evidence that Berg presented was an analysis report of the tumors found inside of her ovaries and that talc particles were found inside the tumor.

If you or a loved one have used talcum powder and contracted ovarian cancer, we urge you to call the Goldwater Law Firm. We will continue to provide updates on the talcum powder lawsuit as the information becomes available.

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