Jury Links Commonly Used Talc Powder To Ovarian Cancer

A federal jury has found that talcum contained in Johnson & Johnson powder products contributed to a woman’s ovarian cancer.  The jury found on that Johnson & Johnson failed to warn consumers of the link between ovarian cancer and the use of talc-based body powder for feminine hygiene.

Deane Berg, a resident of Sioux Falls, who was diagnosed with ovarian cancer in 2006, filed the lawsuit. The 56-year-old berg used talcum-based products for hygiene purposes for about 30 years, including J&J’s shower to shower body powder.

Attorney R. Allen Smith, Jr., one of Berg’s lawyers, said his client never would have used the products in the manner she did if she had seen a warning.  “The first time she heard about the risk was after her diagnosis,” Smith said.  Smith of Ridgeland, Mississippi, filed the very first talcum ovarian cancer lawsuit in 2009.

The verdict comes shortly after the Mississippi Attorney General’s office launched an investigation into Johnson & Johnson’s promotion of talcum powder products used for feminine hygiene.

The jury did not award Berg monetary damages nor did it agree that Johnson & Johnson’s products are defective without a warning label

Medical Studies Link Talcum Powder to Cancer Risk

A recent study conducted by Dr. Margaret A. Gates and funded by the National Cancer Institute and the National Institutes of Health, focused on talc ovarian cancer, found a 36-41% increase in ovarian cancer related to use of talc.  The study advised women to immediately stop using the product.

A June report published in the medical journal cancer prevention research, and based on data collected covering about 2,000 women, found that women who use powder containing talc may have a 20% to 30% greater risk of ovarian cancer.

Medical Experts Testify

Mr. Smith is working with the two of the foremost medical experts on the subject of talc and ovarian cancer (Daniel Cramer, MD and John Godieski, MD).  Dr. Cramer, who has studied the connection between talc and cancer for 30 years told jurors that talc probably was a contributing factor in 10,000 cases of ovarian cancer each year.

Doctors analyzed berg’s cancer tissue, found talc using a scanning electron microscope and concluded that body powder was the cause.

Attorneys To Expand Talc Related Cancer Investigation

This talcum powder lawsuit may be first of many other talc related cancer lawsuits that are to be investigated and filed by attorney Smith and his associated group, the Talc Litigation Group.

Talc Products Affected

Numerous other talc products are impacted by the lawsuit;

•Johnson’s ® baby powder

•Shower to Shower® absorbent body powder

•and all other talcum powder products.

What Do I Do If I Think I May Have Been Injured?

Regardless of where you live, contact Chhabra & Gibbs P.A. to review your case and ensure that you are properly evaluated by a qualified medical expert.

No Mississippi Nursing Home without Violations Since 2010

Of Mississippi's 205 nursing homes, not one has had a clean safety record in the past three years. Since 2010, nursing homes in the state have amassed over 4,500 violations from the U.S. Centers for Medicare and Medicaid Services.

It should be noted that these numbers reflect facilities that accept Medicare and Medicaid, however, not all nursing homes do. Facilities that are not certified to accept federal assistance programs are typically very small, private homes. Mississippi's long-term-care ombudsman, a post in the Department of Human Services, stated that the state's systemic failure is the result of low wages and inadequate training among nursing home personnel.

She further stated that many employees of Mississippi nursing homes make minimum wage, with no benefits, and could often make more at local casinos. Certified nursing assistants, for example, make an average of $24,600 a year in Mississippi, which is more than a fast food cook but less than a blackjack dealer at a casino.

Nursing homes that accept Medicare and Medicaid are subject to inspections at least once per year, along with unannounced inspections if there are any complaints filed. Facilities are also required to promptly report all incidents, no matter how seemingly trivial, to authorities. Certified nursing assistants must undergo and pass a 100-hour training course to be employed.

Overall, Mississippi nursing homes average about eight violations per nursing home. In the most recent Nursing Home Report Card, issued by the advocacy group Families for Better Care, the state earned a "D."

The systemic pattern of health and safety violations can have dire, often gruesome consequences for the state's elderly. In November 2010, an employee at Highland Home in Ridgeland, Mississippi found a resident hanging from her wheelchair's lap belt by the neck. The patient had low muscle tone and poor cognitive skills, and the belt's manufacturer specifically warned against its use in patients with these ailments.

The resident survived that incident, after which the facility switched her to a crotch restraint, despite manufacturer's recommendations that it be used only for patients with adequate posture. On New Year's Eve 2010, the same resident was found hanging from her wheelchair from the crotch restraint; the staff made no changes to her care plan and continued using the restraint, without regular monitoring.

At least three other residents at Highland Home suffered similar incidents, suggesting a pattern of inadequate monitoring and negligent care plans. Other serious problems noted at Highland are common among other nursing homes throughout the country: staff dropping residents while moving them, failing to follow physician's orders, unnecessary sedation, isolation and theft. Highland racked up $635,000 in 2011, the highest of any facility in Mississippi.

The most common violation in Mississippi was failure to control the spread of infection in nursing homes, with nearly 315 violations. Second was failure to keep adequate clinical records. Golden Age Nursing Home in Greenwood has the highest number of deficiencies in the state, with 53 since 2010. Six violations occurred in 2012 after an employee was caught stealing residents' painkillers.