A massive multidistrict litigation (MDL) is ongoing against Johnson & Johnson, Johnson & Johnson Consumer Products, Inc., Imerys Talc America, Inc., and Personal Care Products Council (PCPC). The lawsuit is entitled In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation. The document attached below is a Short-Form Complaint meant to add another instance of talcum powder use and death to this very large case.
The lawsuit is made up of many class actions and individual suits that all allege that the defendant companies made, marketed, and sold talcum powder products that contained asbestos. The use of these products over the years, the complaints claim, is now resulting in illnesses and deaths.
The plaintiffs in this case are the estate of Octavia House of Dallas, Texas and Cayla Harrison, both individually and on behalf of the estate. Harrison is claiming loss of consortium, for herself and “for all heirs of the Estate of Octavia House.” House’s days of birth and death are provided.
At the top of page 3 of the short-form complaint is a paragraph that says, “As a result of using talcum powder products, Plaintiff/Decedent suffered personal and economic injur(ies) that are alleged to have been caused by the use of the products identified in paragraph 16 below, but not limited to, the following…
After this comes a list of injuries that are intended to be checked off if they apply. Checked in this case are injury to herself, injury to the person represented, wrongful death, survivorship action, economic loss, loss of services, and loss of consortium.
The parties sued are Johnson & Johnson and Johnson & Johnson Consumer, Inc.
According to the short-form complaint, House’s “was diagnosed with a talcum powder product(s) injury” in 2019, while she was living in Dallas, Texas. Also according to the document, she began using talcum powder around 1979 and continued to use it until 2018. The talcum powder products she used included Johnson & Johnson’s Baby Powder and Shower to Shower.
Additionally, the short-form complaint allows plaintiffs to check off their causes of action. Among those checked are Products Liability—Strict Liability, including Failure to Warn and Defective Manufacture and Design; Breach of Express Warranties; Breach of Implied Warranty of Merchantability; Breach of Implied Warranty of Fitness for a Particular Purpose; Negligence; Negligent Misrepresentation; violations of Texas consumer protection laws; Fraudulent Concealment; Loss of Consortium; Punitive Damages; Discovery Rule and Tolling; Wrongful Death; and Survival Action.
Article Type: LawsuitTopic: Death
Most Recent Case Event
Johnson & Johnson Talcum Powder Wrongful Death Multidistrict Litigation Short-Form Complaint
March 3, 2021
A massive multidistrict litigation (MDL) is ongoing against Johnson & Johnson, Johnson & Johnson Consumer Products, Inc., Imerys Talc America, Inc., and Personal Care Products Council (PCPC). The lawsuit is entitled In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation. The document attached below is a Short-Form Complaint meant to add another instance of talcum powder use and death to this very large case.
Johnson & Johnson Talcum Powder Wrongful Death Multidistrict Litigation Short-Form ComplaintCase Event History
Johnson & Johnson Talcum Powder Wrongful Death Multidistrict Litigation Short-Form Complaint
March 3, 2021
A massive multidistrict litigation (MDL) is ongoing against Johnson & Johnson, Johnson & Johnson Consumer Products, Inc., Imerys Talc America, Inc., and Personal Care Products Council (PCPC). The lawsuit is entitled In Re: Johnson & Johnson Talcum Powder Products Marketing, Sales Practices, and Products Liability Litigation. The document attached below is a Short-Form Complaint meant to add another instance of talcum powder use and death to this very large case.
Johnson & Johnson Talcum Powder Wrongful Death Multidistrict Litigation Short-Form Complaint