Baby Powder Lawsuit: Cancer Victim Says She Was Not Warned of Risks

Bradley/Grombacher, LLP • August 30, 2017

A California woman diagnosed with terminal ovarian cancer testified before a Los Angeles jury in August that she was never warned that her daily use of Johnson & Johnson’s baby powder products could cause cancer.


Plaintiff Eva Echeverria sued Johnson & Johnson in July 2016 along with six other women, alleging in the baby powder lawsuit that Johnson & Johnson knew about the potential risks for ovarian cancer with long-term, regular use of talcum powder, but failed to place a warning label on its Johnson’s Baby Powder and Shower to Shower talcum products.


Echeverria was the first plaintiff to go to trial in the joint baby powder lawsuit, which has been consolidated with other cases into complex litigation. The lawsuit also names Imerys Talc America Inc., the company that mined the talcum powder and sold it to J&J, as a defendant.


Plaintiff Details Decades of Talc Powder Use With No Warning of Risks

Echeverria testified that every day and multiple times a day for 50 years, she used Johnson’s Baby Powder and Shower to Shower products on her genitals. She was diagnosed with cancer in 2007 and says she only stopped using the products when she saw a television commercial in 2016 about the potential connection between baby powder products and ovarian cancer.


“I stopped using it because I saw something on TV about a woman who died as a result of ovarian cancer and she had been using Johnson & Johnson baby powder,” she said. “I thought, I use Johnson & Johnson baby powder and I’ve been diagnosed with ovarian cancer, and I’m still using it.”


Echeverria’s depositions from spring 2017 were played for the jury, which showed she received the news in January that she had six months or less to live due to her cancer diagnosis. The plaintiff shared in those deposition tapes that she never saw a warning label on the Johnson’s baby powder products she used that talcum powder could cause cancer. After discovering the potential connection, she filed a baby powder lawsuit.


In those depositions, the plaintiff also shared some of the side effects she has struggled to cope with after her cancer diagnosis, such as nausea, headaches, kidney and liver pain, and extreme fatigue.


J&J Refutes Claims

Later in the week following the videotape testimony by Echeverria, Johnson & Johnson’s first witness refuted the claims that the company knew about the dangers of talcum powder.


Alan Anderson, a former FDA researcher/department director and employee with the Cosmetic Ingredient Review, shared that an expert panel identified that the talc was safe and that there were no studies with a clear enough conclusion that genital talc use was tied to ovarian cancer.


In the opening statements, a lawyer for J&J argued that the products made and marketed by Johnson & Johnson have been used by millions of people for decades and that there were no studies conclusively linking talc use and ovarian cancer.


J&J Fighting Other Baby Powder Lawsuits

Echeverria’s baby powder lawsuit is not the first against Johnson & Johnson.


A series of five baby powder cancer lawsuits in St. Louis led to several verdicts worth more than $300 million. However, one of those trials also ended with clearing J&J of liability. One trial in New Jersey ended in a dismissal after the judge found that the plaintiffs did not provide necessary scientific proof linking ovarian cancer with genital mineral to proceed with a legal claim.


The California baby powder lawsuit is Eva Echeverria, et al. v Johnson & Johnson, et al., Case No. BC628228, in the Superior Court of the State of California, County of Los Angeles.


The coordinated baby powder litigation is Johnson & Johnson Talcum Powder Cases, Case No. JCCP4872, in the Superior Court of the State of California, County of Los Angeles.


If you or someone you know has been diagnosed with ovarian cancer after years of genital talc powder use, you may have grounds for a legal claim. Consulting with a lawyer is strongly recommended. The attorneys at Bradley/Grombacher represent victims in claims against manufacturers regarding dangerous products.

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At Scanes Yelverton Talbert, LLP, we believe that if you are questioning whether you have a case against your current or former employer, your first step should be to seek legal guidance. The best way to get started is by visiting our website for more information and filling out our online form to connect with our attorneys. Many of these potential claims fall under the Americans with Disabilities Act (ADA), which encompasses three distinct types of claims: disability discrimination, failure to accommodate a disability, and retaliation—where an employer takes adverse action against an employee for complaining about discrimination or requesting accommodations. Many of our cases involve ADA claims, which often intersect with claims under the Family and Medical Leave Act (FMLA). While both address medical-related workplace issues, they serve different purposes. The FMLA applies when an employee needs to take time off work due to a medical condition. In contrast, ADA claims generally arise when an employee can continue working but requires a reasonable accommodation. Another common claim we handle is workers' compensation retaliation. This occurs when an employee is injured on the job, files a workers' compensation claim, and then faces retaliation from their employer—an illegal action. These are just a few examples of the cases we deal with daily. We also frequently handle cases under Title VII of the Civil Rights Act, which protects employees from discrimination based on race, religion, sex, national origin, and color. If an employee experiences discrimination on any of these grounds, they may have a valid claim. Additionally, a retaliation claim may also be pursued if an employer retaliates against an employee for taking protected action—such as reporting discrimination to their employer or the Equal Employment Opportunity Commission (EEOC). At Scanes Yelverton Talbert, LLP, we are dedicated to defending those facing unjust treatment at work. Understanding your rights is the first step toward justice, whether you're facing discrimination, retaliation, or an employer unwilling to provide reasonable accommodations. We encourage you to visit our website for more information and to fill out our online form to connect with our attorneys. Our team is here to help you explore your legal options and determine the best path forward.

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At Scanes Yelverton Talbert, LLP, our practice is firmly established in Central Texas, concentrating on the area known as the "iron triangle," which includes Dallas, Houston, and Austin. We are dedicated Texas attorneys who aim to help clients understand the laws of our state regarding personal injury cases. Our team is here to guide you and ensure you are well-informed. Take note of Texas's mandatory minimum car insurance requirement. Every driver must carry at least $25,000 in property damage coverage and $30,000 in bodily injury coverage as part of their car insurance policy. Many insurance policies offer additional coverage beyond these limits, which can be crucial in an accident. Many individuals are unaware that their insurance policies may provide additional coverage for personal injury claims. For instance, Personal Injury Protection (PIP) and Medical Payments (Med Pay) coverage are both no-fault insurances. You are not required to prove the other driver was at fault to receive benefits. These options can provide immediate financial assistance, allowing you to submit medical bills directly to your insurance company for reimbursement. Underinsured and uninsured motorist protection is another essential type of first-party insurance coverage. This coverage can help cover your medical costs if you are hurt in an accident brought on by a driver who does not have enough insurance. For example, if the at-fault driver only carries the minimum coverage and your medical bills exceed $30,000, uninsured or underinsured motorist protection may provide additional compensation for your losses, including pain and suffering. Understanding the effects of Texas tort reform laws—especially those passed since 2003 that restrict recoverable damages—is also crucial. Let's say, for instance, that a government vehicle hurts you. If so, the maximum amount you can get back is determined by whether the car is a state or city vehicle, with the maximum being $100,000 and $250,000, respectively. Furthermore, notification requirements for claims against government agencies are sometimes stringent. They can be as short as one month after the incident. You should seek legal counsel immediately if a government employee has harmed you while performing their duties. Furthermore, changes in Texas law since 2010 have altered how medical expenses are recovered in personal injury cases. In the past, even if an insurance company negotiated a reduced payment, plaintiffs could still get the full amount that medical providers had invoiced. However, recovery is only allowed up to the actual amount paid under the laws. Navigating these complications requires knowledgeable legal counsel to guarantee you get the most money possible under the law. At Scanes Yelverton Talbert, LLP, our mission is to guide clients through the complexities of personal injury law in Texas. If you or a loved one has been injured, we encourage you to visit our website to explore your legal options and connect with our team for further assistance.

Do You Have a Case? Here’s How to Know

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At Scanes Yelverton Talbert, LLP, we believe that if you are questioning whether you have a case against an insurance company or wondering what constitutes a fair settlement, your first step should be to seek legal guidance. The best way to get started is by visiting our website for more information and filling out our online form to connect with our attorneys. As plaintiff attorneys, we evaluate three key factors to determine whether a case is legally viable. First, do you have liability facts? In other words, did someone legally do something wrong to you? Not every unfortunate event is grounds for a lawsuit. Imagine a Venn diagram: one circle represents all bad events, and the other represents legally actionable claims. The overlap is much smaller, but we move to the next step if your situation falls within that space. Second, do you have sufficient damages? Is it worth your time to file a lawsuit and go through the legal process? At Scanes Yelverton Talbert, we generally advise that if your injury requires hospital treatment, a visit to your primary care physician, or chiropractic care, you likely have enough damages to justify pursuing a claim. Lastly, if you win, can you recover compensation? In personal injury cases, this typically means insurance companies, whether auto insurance, homeowner’s insurance, or business liability coverage. In employment cases, it could be employment insurance or a corporation paying for wrongful termination. The key question is whether there is a viable source of compensation if legal action is necessary. Our goal at Scanes Yelverton Talbert, LLP, is to help you evaluate your claim and understand your legal options. If you are uncertain about your situation, we encourage you to visit our website, fill out our online form, and let our team provide the guidance and assistance needed to determine your best course of action.

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At Scanes Yelverton Talbert, LLP, we are dedicated to helping people. We are committed to supporting our clients at every stage because we recognize how difficult it may be to navigate legal issues. We are here to ensure every client has a strong advocate because we believe everyone deserves to be heard. Attorneys Bo Routh and Mike Scanes established our practice in 2005. They used to work for a more prominent local general practice law firm. Their goal was to establish a practice that provided excellent legal counsel to those in need and was committed to client advocacy. Today, Mike Scanes remains a senior partner and founding member, while Bo Routh departed at the end of 2021. Following his departure, Tyler Talbert and Ben Yelverton became named partners, officially becoming Scanes Yelverton Talbert, LLP. Tyler Talbert specializes in appellate advocacy, representing clients in Texas and federal appellate courts. He has experience in civil appeals, litigation, and trial support, including motions, error preservation, and jury charges. Ben Yelverton is also an expert in business litigation and personal injuries. He handles matters ranging from class actions to wrongful deaths throughout his early courtroom experience in Austin and Dallas. He is a strategic litigator committed to helping clients get the best results. Another vital member of our law firm is Joel Shields, who has contributed significantly to the expansion and prosperity of the company since joining in 2007. He is Board-Certified in Labor and Employment Law by the Texas Board of Legal Specialization. Joel is an aggressive advocate for his clients and offers wise counsel, whether pursuing claims for someone wrongly fired or advising a company on how to comply with legal requirements. At Scanes Yelverton Talbert, LLP, our passion lies in advocating for individuals. We often represent people in legal battles against large insurance companies or corporations rather than defending corporate entities. Many of our clients come to us in times of need –whether they have been injured in a car accident and are struggling to get their insurance companies to pay or are homeowners whose fire damage claims have been unfairly denied. We also handle employment law cases, ensuring that employees who have been wrongfully terminated or treated unjustly in the workplace receive the representation they deserve. At Scanes Yelverton Talbert, LLP, we advocate for those in need. Whether taking on powerful corporations, advocating for justice, or protecting individuals from unfair treatment, we are here to make a meaningful difference in our clients' lives.

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