Lawsuit Alleges Woman Died of Endometrial Cancer from Talcum Powder

While Johnson & Johnson faces thousands of lawsuits alleging that side effects of talcum powder caused ovarian cancer, one of the latest cases indicates that use of the company’s popular Baby Powder products resulted in a South Dakota woman’s death from endometrial uterine cancer.

In a complaint (PDF) filed late last week in the U.S. District Court for the District of South Dakata, Carol Shoup indicates that her mother, Theresa Cunningham, developed endometrial cancer as a direct result talc contained in Johnson’s Baby Powder used for over a decade of her life.

Like millions of other women nationwide, Cunningham used Johnson’s Baby Powder for feminine hygiene, applying the talc-based powder around her genitals on a daily basis.

Although there were no talcum powder warnings about the risk of cancer, Cunningham was ultimately diagnosed with endometrial uterine cancer, which her daughter claims was caused by the talcum powder. She died as a result of the disease on September 26, 2013.

“Ms. Cunningham began the practice of applying Defendants’ Product to her perineal area as an adult,” the lawsuit states. “She applied the Product to her perineal area on a daily basis for over a decade, exactly as instructed and advertised by Johnson & Johnson Defendants. There was never any indication, on the Product’s packaging or otherwise, that this normal use could and would cause Ms. Cunningham to develop endometrial uterine cancer.”

Although talcum powder is most commonly associated with use among infants to prevent diaper rash and maintain smooth skin, the products are widely used among adult women and Johnson & Johnson has promoted such use to maintain “personal freshness”. Given the popularity of Johnson’s Baby Powder among adult women, the company introduced and marketed Shower-to-Shower body powder for this specific purpose.

The case filed by Shoup joins more than 2,000 similar Johnson’s Baby Powder lawsuits and Shower-to-Shower lawsuits pending nationwide, each involving allegations that the manufacturer knew or should have known about the cancer risk, yet withheld information from consumers. However, nearly all of the other claims involve women diagnosed with ovarian cancer.

So far this year, at least two talcum powder ovarian cancer lawsuits have gone to trial against Johnson & Johnson, each resulting in multi-million dollar damage awards after the jury, including punitive damages designed to punish the manufacturer for withholding information from consumers.

Shoup’s complaint presents claims for failure to warn, design and manufacturing defect, negligence, breach of warranty, negligent misrepresentation, fraudulent concealment, intentional misrepresentation, violation of South Dakota consumer protection laws, and wrongful death.