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DARLENE EVANS, Individually, and as
Representative of the Estate of ERON EVANS,
and
FRANCES LANGE,
and
DEBORAH L. SMITH,
and
PATRICK MAHARG, as Representative of the Estate
of DENISE MAHARG, deceased,
and
SAMANTHA WELLS,
and
WALTER CUNNINGHAM, as Administrator of the
Estate of MILDRED CUNNINGHAM, deceased,
and
KELLY ALLEN
and
ELAINE BYRD,
and
KATHLEEN CORSETTI,
and
ALISHIA DAVIS,
and
PAMELA HENNIGAN,
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and
SAVANNA CREWS, Individually and as
Administrator of the Estate of ANGELA DAWN
HERSHMAN, deceased,
and
HUE TU MCNABB,
and
DIONNE ROCKHOLD,
and
YUDMILA SANCHEZ,
and
CHRISTINE TODD,
and
TRACY WHITE,
Plaintiffs,
v.
JOHNSON & JOHNSON, et al.,
Defendants.
THIRD AMENDED PETITION
COME NOW Plaintiffs, by and through their undersigned counsel, and for their cause of
action against Defendants Johnson & Johnson; Johnson & Johnson Consumer Companies, Inc.;
Imerys Talc America, Inc., f/k/a Luzenac America, Inc., alleging the following upon information
and belief (including investigation made by and through Plaintiffs’ counsel), except those
allegations that pertain to Plaintiffs, which are based on personal knowledge:
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[Old text]: " JOHNSON CONSUMER COMPANIES, INC.Serve:Person in ChargeOne Johnson & Johnson PlazaNew Brunswick, NJ 08933andIMERYS TALC AMERICA, INC. F/K/A LUZENAC AMERICA, INC.Serve:CSC-Lawyers Incorporating ServiceCompanyRegistered Agent221 BolivarJefferson City, MO 65101andPERSONAL CARE PRODUCTS COUNCIL F/K/A COSMETIC, TOILETRY, AND FRAGRANCE ASSOCIATION (CTFA)Serve:Registered AgentPersonal Care Products Council1620 L Street, N.W., Suite 1200Washington, DC 20036" [New text]: " JOHNSON, et al.,"The following text attributes were changed: font
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INTRODUCTION
1. Plaintiffs bring this cause of action against Defendants pursuant to Rule 52.05(a)
of the Missouri Rules of Civil Procedure, as their claims arise out of the same series of transactions
and occurrences, and their claims involve common questions of law and/or fact. All claims in this
action are a direct and proximate result of Defendants’ and/or their corporate predecessors
negligent, willful, and wrongful conduct in connection with the design, development, manufacture,
testing, packaging, promoting, marketing, distribution, labeling, and/or sale of the products known
as Johnson & Johnson Baby Powder and Shower to Shower (hereinafter “the PRODUCTS”). All
Plaintiffs in this action seek recovery for damages as a result of developing ovarian cancer, which
was directly and proximately caused by such wrongful conduct by Defendants, the unreasonably
dangerous and defective nature of talcum powder, and the attendant effects of developing ovarian
cancer. All of the claims in this action involve common legal and medical issues.
PARTIES
2. Plaintiff Robert Swann is an adult whose principal place of residence is in the City
of St. Louis County, State of Missouri. He was the lawful spouse of the decedent Valerie Swann,
at the time of her premature death on October 31, 2014. The premature death of Valerie Swann
was the direct and proximate result of her application of talcum powder and subsequent ovarian
cancer diagnosis. As a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder, and pursuant to §537.080 of the Missouri Revised Statutes, which is commonly
known as the Missouri “Wrongful Death Act,” Plaintiff, on behalf of the class of persons entitled
to recover under the Wrongful Death Act, seeks damages for decedent’s loss of future earnings,
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[Old text]: " State" [New text]: "time of her prematuredeath on October31,2014. Theprematuredeath"The following text attributes were changed: font
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[Old text]: "these injuries, PlaintiffValerie Swannhas incurred and will incur medical expenses in" [New text]: "persons entitled to recover under"The following text attributes were changed: font
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loss of decedent’s value to her estate, pain and suffering endured by decedent prior to premature
death, medical, funeral and burial expenses, loss of services and support, and other damages as
allowed by law.
3. Plaintiff Sheryl Allen is a citizen of the City of Montgomery, State of Texas. At
all pertinent times, including from approximately April 1962 to May 2013, Plaintiff Sheryl Allen
purchased and applied talcum powder in the State of Texas In or around May 2013, Plaintiff
Sheryl Allen was diagnosed with ovarian cancer, which developed in the State of Texas. Plaintiff
Sheryl Allen developed ovarian cancer, and suffered effects attendant thereto, as a direct and
proximate result of the unreasonably dangerous and defective nature of talcum powder and
Defendants’ wrongful and negligent conduct in the research, development, testing, manufacture,
production, promotion, distribution, marketing, and sale of talcum powder. As a direct and
proximate result of these injuries, Plaintiff Sheryl Allen has incurred and will incur medical
expenses in the future, has endured and will endure pain and suffering and loss of enjoyment of
life, and Plaintiff Sheryl Allen has otherwise been damaged in a personal and pecuniary nature.
4. Plaintiff Brenda Jean Bartley is a citizen of the City of Brooksville, State of Florida.
At all pertinent times, including from approximately January 1943 to September 2011, Plaintiff
Brenda Jean Bartley purchased and applied talcum powder in the States of Virginia, Maryland and
Florida. In or around September 2011, Plaintiff Brenda Jean Bartley was diagnosed with ovarian
cancer, which developed in the State of Florida. Plaintiff Brenda Jean Bartley developed ovarian
cancer, and suffered effects attendant thereto, as a direct and proximate result of the unreasonably
dangerous and defective nature of talcum powder and Defendants’ wrongful and negligent conduct
in the research, development, testing, manufacture, production, promotion, distribution,
marketing, and sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff
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Brenda Jean Bartley has incurred and will incur medical expenses in the future, has endured and
will endure pain and suffering and loss of enjoyment of life, and Plaintiff Brenda Jean Bartley has
otherwise been damaged in a personal and pecuniary nature.
5. Plaintiff Margarita Becerra is a citizen of the City of Corona, State of California.
At all pertinent times, including from approximately January 1973 to January 2008, Plaintiff
Margarita Becerra purchased and applied talcum powder in the State of California. In or around
August 2013, Plaintiff Margarita Becerra was diagnosed with ovarian cancer, which developed in
the State of California. Plaintiff Margarita Becerra developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Margarita Becerra has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Margarita Becerra has otherwise been
damaged in a personal and pecuniary nature.
6. Plaintiff Joyce Benham is a citizen of the City of Des Moines, State of Iowa. At all
pertinent times, including from approximately May 1945 to December 2007, Plaintiff Joyce
Benham purchased and applied talcum powder in the State of Iowa. In or around August 2013,
Plaintiff Joyce Benham was diagnosed with ovarian cancer, which developed in the State of Iowa.
Plaintiff Joyce Benham developed ovarian cancer, and suffered effects attendant thereto, as a direct
and proximate result of the unreasonably dangerous and defective nature of talcum powder and
Defendants’ wrongful and negligent conduct in the research, development, testing, manufacture,
production, promotion, distribution, marketing, and sale of talcum powder. As a direct and
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proximate result of these injuries, Plaintiff Joyce Benham has incurred and will incur medical
expenses in the future, has endured and will endure pain and suffering and loss of enjoyment of
life, and Plaintiff Joyce Benham has otherwise been damaged in a personal and pecuniary nature.
7. Plaintiff Marilyn Bentley is a citizen of the City of Airmont, State of New York.
At all pertinent times, including from approximately January 1957 to November 2011, Plaintiff
Marilyn Bentley purchased and applied talcum powder in the State of New York. In or around
November 2011, Plaintiff Marilyn Bentley was diagnosed with ovarian cancer, which developed
in the State of New York. Plaintiff Marilyn Bentley developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Marilyn Bentley has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Marilyn Bentley has otherwise been damaged
in a personal and pecuniary nature.
8. Plaintiff Michael Blaes is a citizen of the City of St. Louis, St. Louis County,
Missouri. At all pertinent times, from approximately 1972 to 2011, Decedent, Shawn Blaes,
purchased and applied talcum powder in St. Louis County, Missouri. In or about October 2008,
Decedent was diagnosed with ovarian cancer, which developed in the State of Missouri. Decedent
Shawn Blaes developed ovarian cancer, and suffered effects attendant thereto, as a direct and
proximate result of the unreasonably dangerous and defective nature of talcum powder and
Defendants’ wrongful and negligent conduct in the research, development, testing, manufacture,
production, promotion, distribution, marketing, and sale of talcum powder. As a direct and
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proximate result of these injuries, Decedent Shawn Blaes endured pain and suffering and loss of
enjoyment of life, and Plaintiff was damaged in a personal and pecuniary nature. Plaintiff and
Decedent incurred medical expenses and Plaintiff sustained personal and pecuniary damages that
are the natural consequence attendant to Decedent’s death, as further proscribed by the Missouri
Wrongful Death Act.
9. Plaintiff Shelia Perro Booker is a citizen of the City of Franklin, State of Louisiana.
At all pertinent times, including from approximately January 1998 to November 2013, Plaintiff
Shelia Perro Booker purchased and applied talcum powder in the State of Louisiana. In or around
November 2013, Plaintiff Shelia Perro Booker was diagnosed with ovarian cancer, which
developed in the State of Louisiana. Plaintiff Shelia Perro Booker developed ovarian cancer, and
suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous
and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Shelia Perro
Booker has incurred and will incur medical expenses in the future, has endured and will endure
pain and suffering and loss of enjoyment of life, and Plaintiff Shelia Perro Booker has otherwise
been damaged in a personal and pecuniary nature.
10. Plaintiff Claudine Brunson is a citizen of the City of Great Falls, State of South
Carolina. At all pertinent times, including from approximately January 1964 to November 2012,
Plaintiff Claudine Brunson purchased and applied talcum powder in the State of South Carolina.
In or around November 2012, Plaintiff Claudine Brunson was diagnosed with ovarian cancer,
which developed in the State of South Carolina. Plaintiff Claudine Brunson developed ovarian
cancer, and suffered effects attendant thereto, as a direct and proximate result of the unreasonably
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dangerous and defective nature of talcum powder and Defendants’ wrongful and negligent conduct
in the research, development, testing, manufacture, production, promotion, distribution,
marketing, and sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff
Claudine Brunson has incurred and will incur medical expenses in the future, has endured and will
endure pain and suffering and loss of enjoyment of life, and Plaintiff Claudine Brunson has
otherwise been damaged in a personal and pecuniary nature.
11. Plaintiff Carolyn Burrus is a citizen of the City of Logansport, State of Louisiana.
At all pertinent times, including from approximately August 1978 to April 2014, Plaintiff Carolyn
Burrus purchased and applied talcum powder in the States of Louisiana and Kentucky. In or
around April 2014, Plaintiff Carolyn Burrus was diagnosed with ovarian cancer, which developed
in the State of Louisiana. Plaintiff Carolyn Burrus developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Carolyn Burrus has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Carolyn Burrus has otherwise been damaged
in a personal and pecuniary nature.
12. Plaintiff Lisa Marie Butler is a citizen of the City of Marienville, State of
Pennsylvania. At all pertinent times, including from approximately August 1991 to October 2012,
Plaintiff Lisa Marie Butler purchased and applied talcum powder in the State of Pennsylvania. In
or around October 2012, Plaintiff Lisa Marie Butler was diagnosed with ovarian cancer, which
developed in the State of Pennsylvania. Plaintiff Lisa Marie Butler developed ovarian cancer, and
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suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous
and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Lisa Marie
Butler has incurred and will incur medical expenses in the future, has endured and will endure pain
and suffering and loss of enjoyment of life, and Plaintiff Lisa Marie Butler has otherwise been
damaged in a personal and pecuniary nature.
13. Plaintiff Margie Carson is a citizen of the City of Williamson, State of Georgia. At
all pertinent times, including from approximately February 2002 to June 2009, Plaintiff Margie
Carson purchased and applied talcum powder in the State of Georgia. In or around June 2009,
Plaintiff Margie Carson was diagnosed with ovarian cancer, which developed in the State of
Georgia. Plaintiff Margie Carson developed ovarian cancer, and suffered effects attendant thereto,
as a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Margie Carson has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Margie Carson has otherwise been damaged in a personal and
pecuniary nature.
14. Plaintiff Millicent Carter is a citizen of the City of Memphis, State of Tennessee.
At all pertinent times, including from approximately June 1997 to March 2010, Plaintiff Millicent
Carter purchased and applied talcum powder in the State of Tennessee. In or around March 2010,
Plaintiff Millicent Carter was diagnosed with ovarian cancer, which developed in the State of
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Tennessee. Plaintiff Millicent Carter developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Plaintiff Millicent Carter has incurred and will
incur medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Millicent Carter has otherwise been damaged in a personal and
pecuniary nature.
15. Plaintiff Patricia Craig is a citizen of the City of Mobile, State of Alabama. At all
pertinent times, including from approximately June 1955 to November 2013, Plaintiff Patricia
Craig purchased and applied talcum powder in the State of Alabama. In or around November
2013, Plaintiff Patricia Craig was diagnosed with ovarian cancer, which developed in the State of
Alabama. Plaintiff Patricia Craig developed ovarian cancer, and suffered effects attendant thereto,
as a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Patricia Craig has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Patricia Craig has otherwise been damaged in a personal and
pecuniary nature.
16. Plaintiff Nora Daniels is a citizen of the City of Columbia, State of Tennessee. At
all pertinent times, including from approximately July 1978 to May 2013, Plaintiff Nora Daniels
purchased and applied talcum powder in the State of Tennessee. In or around May 2013, Plaintiff
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Nora Daniels was diagnosed with ovarian cancer, which developed in the State of Tennessee.
Plaintiff Nora Daniels developed ovarian cancer, and suffered effects attendant thereto, as a direct
and proximate result of the unreasonably dangerous and defective nature of talcum powder and
Defendants’ wrongful and negligent conduct in the research, development, testing, manufacture,
production, promotion, distribution, marketing, and sale of talcum powder. As a direct and
proximate result of these injuries, Plaintiff Nora Daniels has incurred and will incur medical
expenses in the future, has endured and will endure pain and suffering and loss of enjoyment of
life, and Plaintiff Nora Daniels has otherwise been damaged in a personal and pecuniary nature.
17. Plaintiff Evelyn Davis is a citizen of the City of Salisbury, State of Maryland. At
all pertinent times, including from approximately February 2009 to November 2011, Plaintiff
Evelyn Davis purchased and applied talcum powder in the State of Maryland. In or around
November 2011, Plaintiff Evelyn Davis was diagnosed with ovarian cancer, which developed in
the State of Maryland. Plaintiff Evelyn Davis developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Evelyn Davis has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Evelyn Davis has otherwise been damaged in
a personal and pecuniary nature.
18. Plaintiff Martha Decker is a citizen of the City of Paris, State of Michigan. At all
pertinent times, including from approximately January 1964 to January 1990, Plaintiff Martha
Decker purchased and applied talcum powder in the States of Illinois, North Dakota, California,
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Washington, Texas and Oklahoma. In or around August 2012, Plaintiff Martha Decker was
diagnosed with ovarian cancer, which developed in the State of Michigan. Plaintiff Martha Decker
developed ovarian cancer, and suffered effects attendant thereto, as a direct and proximate result
of the unreasonably dangerous and defective nature of talcum powder and Defendants’ wrongful
and negligent conduct in the research, development, testing, manufacture, production, promotion,
distribution, marketing, and sale of talcum powder. As a direct and proximate result of these
injuries, Plaintiff Martha Decker has incurred and will incur medical expenses in the future, has
endured and will endure pain and suffering and loss of enjoyment of life, and Plaintiff Martha
Decker has otherwise been damaged in a personal and pecuniary nature.
19. Plaintiff Carmen Green-Newman is a citizen of the City of Lancaster, State of
California. At all pertinent times, including from approximately October 1973 to November 2012,
Plaintiff Carmen Green-Newman purchased and applied talcum powder in the State of California.
In or around November 2012, Plaintiff Carmen Green-Newman was diagnosed with ovarian
cancer, which developed in the State of California. Plaintiff Carmen Green-Newman developed
ovarian cancer, and suffered effects attendant thereto, as a direct and proximate result of the
unreasonably dangerous and defective nature of talcum powder and Defendants’ wrongful and
negligent conduct in the research, development, testing, manufacture, production, promotion,
distribution, marketing, and sale of talcum powder. As a direct and proximate result of these
injuries, Plaintiff Carmen Green-Newman has incurred and will incur medical expenses in the
future, has endured and will endure pain and suffering and loss of enjoyment of life, and Plaintiff
Carmen Green-Newman has otherwise been damaged in a personal and pecuniary nature.
20. Plaintiff Betty Gullard is a citizen of the City of Danube, State of Minnesota. At
all pertinent times, including from approximately September 1975 to July 2004, Plaintiff Betty
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Gullard purchased and applied talcum powder in the States of Arkansas, Minnesota and Missouri.
In or around June 2009, Plaintiff Betty Gullard was diagnosed with ovarian cancer, which
developed in the State of Minnesota. Plaintiff Betty Gullard developed ovarian cancer, and
suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous
and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Betty Gullard
has incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Betty Gullard has otherwise been damaged in
a personal and pecuniary nature.
21. Plaintiff Kimberley Jackson is a citizen of the City of Chattanooga, State of
Tennessee. At all pertinent times, including from approximately January 1978 to December 2012,
Plaintiff Kimberley Jackson purchased and applied talcum powder in the States of Tennessee,
California, Florida, New Mexico, Indiana and Pennsylvania. In or around January 2012, Plaintiff
Kimberley Jackson was diagnosed with ovarian cancer, which developed in the State of Tennessee.
Plaintiff Kimberley Jackson developed ovarian cancer, and suffered effects attendant thereto, as a
direct and proximate result of the unreasonably dangerous and defective nature of talcum powder
and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Kimberley Jackson has incurred and will
incur medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Kimberley Jackson has otherwise been damaged in a personal and
pecuniary nature.
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22. Plaintiff Donna Faye Lane is a citizen of the City of Cleveland, State of Tennessee.
At all pertinent times, including from approximately May 1996 to July 2012, Plaintiff Donna Faye
Lane purchased and applied talcum powder in the State of Tennessee. In or around August 2012,
Plaintiff Donna Faye Lane was diagnosed with ovarian cancer, which developed in the State of
Tennessee. Plaintiff Donna Faye Lane developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Donna Faye Lane has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Donna Faye Lane has otherwise been damaged in a personal and
pecuniary nature.
23. Plaintiff Beverly Lingo is a citizen of the City of Fort Smith, State of Arkansas. At
all pertinent times, including from approximately January 1983 to April 2012, Plaintiff Beverly
Lingo purchased and applied talcum powder in the State of Arkansas. In or around April 2012,
Plaintiff Beverly Lingo was diagnosed with ovarian cancer, which developed in the State of
Arkansas. Plaintiff Beverly Lingo developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Plaintiff Beverly Lingo has incurred and will
incur medical expenses in the future, has endured and will endure pain and suffering and loss of
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enjoyment of life, and Plaintiff Beverly Lingo has otherwise been damaged in a personal and
pecuniary nature.
24. Plaintiff Vertenia Linicomn is a citizen of the City of Houston, State of Texas. At
all pertinent times, including from approximately July 1979 to April 2010, Plaintiff Vertenia
Linicomn purchased and applied talcum powder in the State of Texas. In or around August 2013,
Plaintiff Vertenia Linicomn was diagnosed with ovarian cancer, which developed in the State of
Texas. Plaintiff Vertenia Linicomn developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Plaintiff Vertenia Linicomn has incurred and
will incur medical expenses in the future, has endured and will endure pain and suffering and loss
of enjoyment of life, and Plaintiff Vertenia Linicomn has otherwise been damaged in a personal
and pecuniary nature.
25. Plaintiff Glenda Long is a citizen of the City of Dalton, State of Georgia. At all
pertinent times, including from approximately November 1948 to March 2013, Plaintiff Glenda
Long purchased and applied talcum powder in the State of Georgia. In or around March 2013,
Plaintiff Glenda Long was diagnosed with ovarian cancer, which developed in the State of
Georgia. Plaintiff Glenda Long developed ovarian cancer, and suffered effects attendant thereto,
as a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Glenda Long has incurred and will incur
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[Old text]: "Michele LeaHardy" [New text]: "Vertenia Linicomn"The following text attributes were changed: font
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[Old text]: " January 2012," [New text]: "March 2013,"The following text attributes were changed: font
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[Old text]: " Kimberley Jackson" [New text]: "GlendaLong"The following text attributes were changed: font
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medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Glenda Long has otherwise been damaged in a personal and
pecuniary nature.
26. Plaintiff Dimity Lowell is a citizen of the City of Iola, State of Kansas. At all
pertinent times, including from approximately January 1970 to December 2009, Plaintiff Dimity
Lowell purchased and applied talcum powder in the States of Kansas, California, New Jersey, New
York and Massachusetts. In or around December 2009, Plaintiff Dimity Lowell was diagnosed
with ovarian cancer, which developed in the State of Kansas. Plaintiff Dimity Lowell developed
ovarian cancer, and suffered effects attendant thereto, as a direct and proximate result of the
unreasonably dangerous and defective nature of talcum powder and Defendants’ wrongful and
negligent conduct in the research, development, testing, manufacture, production, promotion,
distribution, marketing, and sale of talcum powder. As a direct and proximate result of these
injuries, Plaintiff Dimity Lowell has incurred and will incur medical expenses in the future, has
endured and will endure pain and suffering and loss of enjoyment of life, and Plaintiff Dimity
Lowell has otherwise been damaged in a personal and pecuniary nature.
27. Plaintiff Sandra Matthews is a citizen of the City of Jersey City, State of New
Jersey. At all pertinent times, including from approximately January 1991 to October 2012,
Plaintiff Sandra Matthews purchased and applied talcum powder in the State of New Jersey. In or
around October 2012, Plaintiff Sandra Matthews was diagnosed with ovarian cancer, which
developed in the State of New Jersey. Plaintiff Sandra Matthews developed ovarian cancer, and
suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous
and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
research, development, testing, manufacture, production, promotion, distribution, marketing, and
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[Old text]: "1985" [New text]: "1970"The following text attributes were changed: font
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[Old text]: "June2012," [New text]: "December2009,"The following text attributes were changed: font
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sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Sandra
Matthews has incurred and will incur medical expenses in the future, has endured and will endure
pain and suffering and loss of enjoyment of life, and Plaintiff Sandra Matthews has otherwise been
damaged in a personal and pecuniary nature.
28. Plaintiff Bridgett Latrice Maxwell is a citizen of the City of Memphis, State of
Tennessee. At all pertinent times, including from approximately January 1990 to September 2013,
Plaintiff Bridgett Latrice Maxwell purchased and applied talcum powder in the State of Tennessee.
In or around September 2013, Plaintiff Bridgett Latrice Maxwell was diagnosed with ovarian
cancer, which developed in the State of Tennessee. Plaintiff Bridgett Latrice Maxwell developed
ovarian cancer, and suffered effects attendant thereto, as a direct and proximate result of the
unreasonably dangerous and defective nature of talcum powder and Defendants’ wrongful and
negligent conduct in the research, development, testing, manufacture, production, promotion,
distribution, marketing, and sale of talcum powder. As a direct and proximate result of these
injuries, Plaintiff Bridgett Latrice Maxwell has incurred and will incur medical expenses in the
future, has endured and will endure pain and suffering and loss of enjoyment of life, and Plaintiff
Bridgett Latrice Maxwell has otherwise been damaged in a personal and pecuniary nature.
29. Plaintiff Rebecca Meeks is a citizen of the City of Bastrop, State of Louisiana. At
all pertinent times, including from approximately January 1961 to September 2011, Plaintiff
Rebecca Meeks purchased and applied talcum powder in the State of Louisiana. In or around
September 2011, Plaintiff Rebecca Meeks was diagnosed with ovarian cancer, which developed
in the State of Louisiana. Plaintiff Rebecca Meeks developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
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development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Rebecca Meeks has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Rebecca Meeks has otherwise been damaged
in a personal and pecuniary nature.
30. Plaintiff Ilan Ottavian is a citizen of the City of Monroeville, State of Pennsylvania.
At all pertinent times, including from approximately January 1977 to January 2005, Plaintiff Ilan
Ottavian purchased and applied talcum powder in the State of Pennsylvania. In or around January
2005, Plaintiff Ilan Ottavian was diagnosed with ovarian cancer, which developed in the State of
Pennsylvania. Plaintiff Ilan Ottavian developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Plaintiff Ilan Ottavian has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Ilan Ottavian has otherwise been damaged in a personal and
pecuniary nature.
31. Plaintiff Mary Elaine Payne is a citizen of the City of Madison, State of Tennessee.
At all pertinent times, including from approximately January 2000 to September 2013, Plaintiff
Mary Elaine Payne purchased and applied talcum powder in the State of Tennessee. In or around
September 2013, Plaintiff Mary Elaine Payne was diagnosed with ovarian cancer, which
developed in the State of Tennessee. Plaintiff Mary Elaine Payne developed ovarian cancer, and
suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous
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[Old text]: "GlendaLong" [New text]: "Mary Elaine Payne"The following text attributes were changed: font
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[Old text]: "GlendaLong" [New text]: "MaryElaine Payne"The following text attributes were changed: font
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and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Mary Elaine
Payne has incurred and will incur medical expenses in the future, has endured and will endure pain
and suffering and loss of enjoyment of life, and Plaintiff Mary Elaine Payne has otherwise been
damaged in a personal and pecuniary nature.
32. Plaintiff Michelle Payne is a citizen of the City of Savannah, State of Georgia. At
all pertinent times, including from approximately February 1969 to July 2012, Plaintiff Michelle
Payne purchased and applied talcum powder in the States of Pennsylvania and Tennessee. In or
around July 2012, Plaintiff Michelle Payne was diagnosed with ovarian cancer, which developed
in the State of Tennessee. Plaintiff Michelle Payne developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Michelle Payne has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Michelle Payne has otherwise been damaged
in a personal and pecuniary nature.
33. Plaintiff Burnetta Rogers is a citizen of the City of Birmingham, State of Alabama.
At all pertinent times, including from approximately January 1962 to October 2013, Plaintiff
Burnetta Rogers purchased and applied talcum powder in the State of Alabama. In or around
November 2013, Plaintiff Burnetta Rogers was diagnosed with ovarian cancer, which developed
in the State of Alabama. Plaintiff Burnetta Rogers developed ovarian cancer, and suffered effects
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[Old text]: "October 2012," [New text]: "November2013,"The following text attributes were changed: font
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attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Burnetta Rogers has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Burnetta Rogers has otherwise been damaged
in a personal and pecuniary nature.
34. Plaintiff Steven Salpeter, an adult whose principal place of residence is in the City
of Freeport, State of New York, brings this action individually and in his capacity as representative
of the Estate of Susan Widen-Salpeter. Plaintiff Steven Salpeter is pursuing this action due to the
wrongfully caused premature death of his wife, Susan Widen-Salpeter, on behalf the Estate of
Susan Widen-Salpeter and all wrongful death beneficiaries/statutory distributees of Susan Widen-
Salpeter. The premature death of Susan Widen-Salpeter was the direct and proximate result of her
application of talcum powder and subsequent ovarian cancer diagnosis. As a direct and proximate
result of the unreasonably dangerous and defective nature of talcum powder and Defendants’
wrongful and negligent conduct in the research, development, testing, manufacture, production,
promotion, distribution, marketing, and sale of talcum powder, and pursuant to New York Est.
Powers & Trusts Law §§ 11-3-.1, et seq. and New York Est. Powers & Trusts Law §§ 5-4.1, et
seq., Plaintiff seeks damages for decedent’s loss of future earnings, loss of decedent’s value to her
estate, pain and suffering endured by decedent prior to premature death, medical, funeral and burial
expenses, loss of services and support, and other damages as allowed by law.
35. Plaintiff Susan Schnelle is a citizen of the City of Lawai, State of Hawaii. At all
pertinent times, including from approximately January 1995 to September 2013, Plaintiff Susan
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"Plaintiff Steven Salpeter,an adult whoseprincipal placeof residenceis in the Cityof Freeport, Stateof New York, brings this action individuallyand in his capacityas representativeof the Estateof Susan Widen-Salpeter. PlaintiffSteven Salpeter is pursuingthis actiondueto thewrongfullycaused prematuredeath ofhis wife,Susan Widen-Salpeter,on behalf the EstateofSusan Widen-Salpeter and allwrongful death beneficiaries/statutorydistributees ofSusan Widen-Salpeter. Thepremature death of SusanWiden-Salpeter was the direct and proximate resultof herapplication of talcumpowder and subsequent ovarian cancer diagnosis. Asadirect and proximateresultof the unreasonablydangerous and defective natureof talcum powder and Defendants’wrongful and negligent conduct in the research, development, testing, manufacture, production, promotion, distribution, marketing,andsaleof talcum powder, and pursuant to New York Est.Powers &TrustsLaw §§ 11-3-.1, et seq. and New York Est. Powers &Trusts Law§§ 5-4.1, et seq.,"
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[Old text]: "BridgettLatriceMaxwell" [New text]: "seeks damagesfordecedent’s lossoffutureearnings, lossofdecedent’s valueto herestate, painand suffering endured bydecedentprior to prematuredeath, medical, funeral and burialexpenses, loss of services and support, and other damages as allowed by law.35.PlaintiffSusan Schnelle"The following text attributes were changed: font
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[Old text]: "BridgettLatriceMaxwell" [New text]: "SusanElectronically Filed - City of St. Louis - February 10, 2017 - 03:30 PM24"The following text attributes were changed: font
25
Schnelle purchased and applied talcum powder in the States of Hawaii and California. In or around
September 2013, Plaintiff Susan Schnelle was diagnosed with ovarian cancer, which developed in
the State of Hawaii. Plaintiff Susan Schnelle developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Susan Schnelle has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Susan Schnelle has otherwise been damaged
in a personal and pecuniary nature.
36. Plaintiff Sharon Shelton is a citizen of the City of Kingston, State of Michigan. At
all pertinent times, including from approximately July 1968 to June 2012, Plaintiff Sharon Shelton
purchased and applied talcum powder in the State of Michigan. In or around June 2012, Plaintiff
Sharon Shelton was diagnosed with ovarian cancer, which developed in the State of Michigan.
Plaintiff Sharon Shelton developed ovarian cancer, and suffered effects attendant thereto, as a
direct and proximate result of the unreasonably dangerous and defective nature of talcum powder
and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Sharon Shelton has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Sharon Shelton has otherwise been damaged in a personal and
pecuniary nature.
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[Old text]: " BridgettLatrice Maxwell" [New text]: "Susan Schnelle"The following text attributes were changed: font
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[Old text]: "Bridgett LatriceMaxwell" [New text]: "Susan Schnelle"The following text attributes were changed: font
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[Old text]: "RebeccaMeeks" [New text]: "Sharon Shelton"The following text attributes were changed: font
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[Old text]: "January1961" [New text]: "July1968"The following text attributes were changed: font
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[Old text]: "September 2011," [New text]: "June2012,"The following text attributes were changed: font
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"natureof talcum powderand Defendants’ wrongful and negligent conduct in the research,development, testing, manufacture, production, promotion, distribution,marketing, andsale of talcum powder. As adirect andproximate resultof theseinjuries, PlaintiffSharon Shelton has incurredand willincurmedical expenses in the future, has endured and willendurepain and sufferingand lossof enjoyment of life, and PlaintiffSharon Shelton has otherwisebeen damaged in apersonal andpecuniary nature."
37. Plaintiff Martha Shoemaker is a citizen of the City of Leakey, State of Texas. At
all pertinent times, including from approximately August 1968 to December 2012, Plaintiff Martha
Shoemaker purchased and applied talcum powder in the State of Texas. In or around November
2013, Plaintiff Martha Shoemaker was diagnosed with ovarian cancer, which developed in the
State of Texas. Plaintiff Martha Shoemaker developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Martha Shoemaker has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Martha Shoemaker has otherwise been
damaged in a personal and pecuniary nature.
38. Plaintiff Sarah Simpson is a citizen of the City of Beaver Dam, State of Kentucky.
At all pertinent times, including from approximately October 1965 to May 2013, Plaintiff Sarah
Simpson purchased and applied talcum powder in the State of Kentucky. In or around June 2013,
Plaintiff Sarah Simpson was diagnosed with ovarian cancer, which developed in the State of
Kentucky. Plaintiff Sarah Simpson developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Plaintiff Sarah Simpson has incurred and will
incur medical expenses in the future, has endured and will endure pain and suffering and loss of
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"37.PlaintiffMarthaShoemaker is acitizen of the Cityof Leakey, Stateof Texas. Atallpertinent times, includingfrom approximatelyAugust 1968 to December 2012, PlaintiffMarthaShoemaker purchased and applied talcum powderin the Stateof Texas. In or aroundNovember2013, PlaintiffMarthaShoemaker was diagnosed with ovarian cancer, which developed in the Stateof Texas. PlaintiffMarthaShoemaker developed ovarian cancer, and suffered effects attendant thereto, as adirect and proximate resultof the unreasonablydangerous and defective"
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enjoyment of life, and Plaintiff Sarah Simpson has otherwise been damaged in a personal and
pecuniary nature.
39. Plaintiff Lois Slemp is a citizen of the City of Wiles, State of Virginia. At all
pertinent times, including from approximately January 1970 to August 2012, Plaintiff Lois Slemp
purchased and applied talcum powder in the State of Virginia. In or around August 2012, Plaintiff
Lois Slemp was diagnosed with ovarian cancer, which developed in the State of Virginia. Plaintiff
Lois Slemp developed ovarian cancer, and suffered effects attendant thereto, as a direct and
proximate result of the unreasonably dangerous and defective nature of talcum powder and
Defendants’ wrongful and negligent conduct in the research, development, testing, manufacture,
production, promotion, distribution, marketing, and sale of talcum powder. As a direct and
proximate result of these injuries, Plaintiff Lois Slemp has incurred and will incur medical
expenses in the future, has endured and will endure pain and suffering and loss of enjoyment of
life, and Plaintiff Lois Slemp has otherwise been damaged in a personal and pecuniary nature.
40. Plaintiff Chrystal Supple is a citizen of the City of Elyria, State of Ohio. At all
pertinent times, including from approximately January 1971 to January 2013, Plaintiff Chrystal
Supple purchased and applied talcum powder in the State of Ohio. In or around September 2013,
Plaintiff Chrystal Supple was diagnosed with ovarian cancer, which developed in the State of Ohio.
Plaintiff Chrystal Supple developed ovarian cancer, and suffered effects attendant thereto, as a
direct and proximate result of the unreasonably dangerous and defective nature of talcum powder
and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Chrystal Supple has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
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enjoyment of life, and Plaintiff Chrystal Supple has otherwise been damaged in a personal and
pecuniary nature.
41. Plaintiff Lenora Townsen is a citizen of the City of Savannah, State of Georgia. At
all pertinent times, including from approximately January 1970 to June 2013, Plaintiff Lenora
Townsen purchased and applied talcum powder in the States of Illinois and Georgia. In or around
June 2013, Plaintiff Lenora Townsen was diagnosed with ovarian cancer, which developed in the
State of Georgia. Plaintiff Lenora Townsen developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Lenora Townsen has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Lenora Townsen has otherwise been damaged
in a personal and pecuniary nature.
42. Plaintiff Brenda Joyce Warren is a citizen of the City of Orlando, State of Florida.
At all pertinent times, including from approximately January 1987 to July 2011, Plaintiff Brenda
Joyce Warren purchased and applied talcum powder in the State of Florida. In or around July
2011, Plaintiff Brenda Joyce Warren was diagnosed with ovarian cancer, which developed in the
State of Florida. Plaintiff Brenda Joyce Warren developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Brenda Joyce Warren
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has incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Brenda Joyce Warren has otherwise been
damaged in a personal and pecuniary nature.
43. Plaintiff Floye Zimmerman is a citizen of the City of Perryville, State of Arkansas.
At all pertinent times, including from approximately October 1948 to January 2012, Plaintiff Floye
Zimmerman purchased and applied talcum powder in the States of Arkansas, Georgia, New
Mexico, Oklahoma and Illinois. In or around January 2012, Plaintiff Floye Zimmerman was
diagnosed with ovarian cancer, which developed in the State of Arkansas. Plaintiff Floye
Zimmerman developed ovarian cancer, and suffered effects attendant thereto, as a direct and
proximate result of the unreasonably dangerous and defective nature of talcum powder and
Defendants’ wrongful and negligent conduct in the research, development, testing, manufacture,
production, promotion, distribution, marketing, and sale of talcum powder. As a direct and
proximate result of these injuries, Plaintiff Floye Zimmerman has incurred and will incur medical
expenses in the future, has endured and will endure pain and suffering and loss of enjoyment of
life, and Plaintiff Floye Zimmerman has otherwise been damaged in a personal and pecuniary
nature.
44. Plaintiff Sylvia White is a citizen of the City of Tucson, State of Arizona. At all
pertinent times, including from approximately January 1996 to September 2012, Plaintiff Sylvia
White purchased and applied talcum powder in the State of Arizona. In or around September
2012, Plaintiff Sylvia White was diagnosed with ovarian cancer, which developed in the State of
Arizona. Plaintiff Sylvia White developed ovarian cancer, and suffered effects attendant thereto,
as a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
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manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Sylvia White has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Sylvia White has otherwise been damaged in a personal and
pecuniary nature. At all pertinent times, Plaintiff Sylvia White applied talcum powder in the State
of Arizona.
45. Plaintiff Nicky Battaglia Sr., an adult whose principal place of residence is in the
City of Victorville, State of California, and was the lawful spouse of the decedent Lois Battaglia,
at the time of her premature death on October 10, 2012. Plaintiff Nicky Battaglia Sr. brings this
action individually, and as Representative of the Estate of Lois Battaglia, deceased. The premature
death of Lois Battaglia was the direct and proximate result of her application of talcum powder
and subsequent ovarian cancer diagnosis. As a direct and proximate result of the unreasonably
dangerous and defective nature of talcum powder and Defendants’ wrongful and negligent conduct
in the research, development, testing, manufacture, production, promotion, distribution,
marketing, and sale of talcum powder, and pursuant to Cal. Code Civ. Proc. § 377.30 and Cal.
Code Civil Proc. §§ 377.60 et seq., Plaintiff seeks damages for decedent’s loss of future earnings,
loss of decedent’s value to her estate, pain and suffering endured by decedent prior to premature
death, medical, funeral and burial expenses, loss of services and support, and other damages as
allowed by law.
46. Plaintiff Darlene Evans is an adult whose principal place of residence is in the City
of Baytown, State of Texas. She is the parent of decedent Eron Evans, at the time of her premature
death on January 1, 2016. The premature death of Eron Evans was the direct and proximate result
of her application of talcum powder and subsequent ovarian cancer diagnosis. As a direct and
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"wrongfullycaused prematuredeath"
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proximate result of the unreasonably dangerous and defective nature of talcum powder and
Defendants’ wrongful and negligent conduct in the research, development, testing, manufacture,
production, promotion, distribution, marketing, and sale of talcum powder, and pursuant to
§71.002, et seq. and §71.021, et seq., Plaintiff, on behalf of the class of persons entitled to recover
under the Wrongful Death Act, seeks damages for decedent’s loss of future earnings, loss of
decedent’s value to her estate, pain and suffering endured by decedent prior to premature death,
medical, funeral and burial expenses, loss of services and support, and other damages as allowed
by law.
47. Plaintiff Frances Lange is a citizen of the City of Morristown, State of
Minnesota. At all pertinent times, including from approximately 1979 to present, Plaintiff Frances
Lange purchased and applied talcum powder in the State of Minnesota. In or around September
2008, Plaintiff Frances Lange was diagnosed with ovarian cancer, which developed in the State of
Minnesota. Plaintiff Frances Lange developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum
powder. As a direct and proximate result of these injuries, Plaintiff Frances Lange has incurred
and will incur medical expenses in the future, has endured and will endure pain and suffering and
loss of enjoyment of life, and Plaintiff Frances Lange has otherwise been damaged in a personal
and pecuniary nature.
48. Plaintiff Deborah L. Smith is a citizen of the City of Brooklyn, State of Maryland.
At all pertinent times, including from approximately January 1976 to January 1998, Plaintiff
Deborah L. Smith purchased and applied talcum powder in the State of Maryland. In or around
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[Old text]: "future,has enduredandwillendure" [New text]: "Wrongful Death Act, seeks damages for decedent’s lossof futureearnings, lossof decedent’s valueto herestate,"The following text attributes were changed: font
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November 2011, Plaintiff Deborah L. Smith was diagnosed with ovarian cancer, which developed
in the State of Maryland. Plaintiff Deborah L. Smith developed ovarian cancer, and suffered
effects attendant thereto, as a direct and proximate result of the unreasonably dangerous and
defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Deborah L.
Smith has incurred and will incur medical expenses in the future, has endured and will endure pain
and suffering and loss of enjoyment of life, and Plaintiff Deborah L. Smith has otherwise been
damaged in a personal and pecuniary nature.
49. Plaintiff Patrick Maharg is an adult whose principal place of residence is in the City
of Manassas, State of Pennsylvania. He was the lawful spouse of the decedent Denise Maharg, at
the time of her premature death on August 9, 2012. Plaintiff Patrick Maharg brings this action in
his capacity as Trustee Ad Litem on behalf of all persons entitled to share in the damages. The
premature death of Denise Maharg was the direct and proximate result of her application of talcum
powder and subsequent ovarian cancer diagnosis. As a direct and proximate result of the
unreasonably dangerous and defective nature of talcum powder and Defendants’ wrongful and
negligent conduct in the research, development, testing, manufacture, production, promotion,
distribution, marketing, and sale of talcum powder, and pursuant to Penn. Code § 2202, et seq.,
Plaintiff seeks damages for decedent’s loss of future earnings, loss of decedent’s value to her
estate, pain and suffering endured by decedent prior to premature death, medical, funeral and burial
expenses, loss of services and support, and other damages as allowed by law.
50. Plaintiff Samantha Wells is a citizen of the City of Houston, State of Texas. At all
pertinent times, including from approximately 1983 to 2013, Plaintiff Samantha Wells purchased
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"of Pennsylvania. Hewas the lawful spouse of the decedent Denise Maharg, atthe time of her prematuredeath on August 9, 2012. PlaintiffPatrick Mahargbrings this action inhis capacityas TrusteeAd Litem on behalf"
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[Old text]: "May2013, PlaintiffSarahSimpson purchased and applied talcum powder" [New text]: "share"The following text attributes were changed: font
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[Old text]: "Kentucky. Inor aroundJune2013, PlaintiffSarah Simpson" [New text]: "DeniseMaharg"The following text attributes were changed: font
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[Old text]: "Kentucky. PlaintiffSarah Simpson developed" [New text]: "talcumpowder and subsequent"The following text attributes were changed: font
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[Old text]: "cancer, and suffered effects attendantthereto, as" [New text]: "cancer diagnosis. As"The following text attributes were changed: font
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[Old text]: "proximateresult" [New text]: "pursuantto Penn.Code§ 2202, et seq., Plaintiffseeks damages fordecedent’s lossof futureearnings, loss"The following text attributes were changed: font
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[Old text]: "pecuniary nature. 48." [New text]: "other damages as allowed by law.50."The following text attributes were changed: font
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and applied talcum powder in the State of Texas. In or around December 28, 2012, Plaintiff
Samantha Wells was diagnosed with ovarian cancer, which developed in the State of
Texas. Plaintiff Samantha Wells developed ovarian cancer, and suffered effects attendant thereto,
as a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Samantha Wells has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Samantha Wells has otherwise been damaged in a personal and
pecuniary nature.
51. Plaintiff Walter Cunningham, is an adult whose principal place of residence is in
the City of Alabaster, State of Alabama, brings this action individually and in his capacity as
Administrator of the Estate of Mildred Cunningham. Plaintiff Walter Cunningham is pursuing this
action due to the wrongfully caused premature death of his wife, Mildred Cunningham, on behalf
of himself and that decedent’s estate. The premature death of Mildred Cunningham was the direct
and proximate result of her application of talcum powder and subsequent ovarian cancer diagnosis.
As a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder, and
pursuant to Ala. Code §6-5-410, et seq., Plaintiff seeks damages for decedent’s loss of future
earnings, loss of decedent’s value to her estate, and other damages as allowed by law.
52. Plaintiff Kelly Allen is a citizen of the City of Grantsville, State of West Virginia.
At all pertinent times, including from approximately 1975 to August 2014, Plaintiff Kelly Allen
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[Old text]: "Ohio.At allpertinent times, includingfrom approximatelyJanuary1971 to January2013, PlaintiffChrystal Supple purchased" [New text]: "Alabama, brings this action individually"The following text attributes were changed: font
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[Old text]: "Ohio. In or around September 2013," [New text]: "Mildred Cunningham."The following text attributes were changed: font
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[Old text]: "Chrystal Supple" [New text]: "Walter Cunningham is pursuingthis action due to the wrongfully caused premature death of his wife, Mildred Cunningham, on behalfof himself and that decedent’s estate. Theprematuredeath of Mildred Cunningham"The following text attributes were changed: font
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[Old text]: "Ohio. PlaintiffChrystal Suppledeveloped" [New text]: "talcum powder and subsequent"The following text attributes were changed: font
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"other damages as allowed by law.52."
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[Old text]: "Chrystal Supple has otherwisebeen damaged in apersonal and pecuniary nature. 50.PlaintiffLenoraTownsen" [New text]: "KellyAllen"The following text attributes were changed: font
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purchased and applied talcum powder in the State of West Virginia. In or around October 2011,
Plaintiff Kelly Allen was diagnosed with ovarian cancer, which developed in the State of West
Virginia. Plaintiff Kelly Allen developed ovarian cancer, and suffered effects attendant thereto,
as a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Kelly Allen has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Kelly Allen has otherwise been damaged in a personal and
pecuniary nature. At all pertinent times, Plaintiff Kelly Allen applied talcum powder in the State
of West Virginia.
53. Plaintiff Elaine Byrd is a citizen of the City of Snow Camp, State of North Carolina.
At all pertinent times, including from approximately 1975 to January 2014, Plaintiff Elaine Byrd
purchased and applied talcum powder in the States of Ohio, North Carolina and District of
Columbia. In or around January 2014, Plaintiff Elaine Byrd was diagnosed with ovarian cancer,
which developed in the State of North Carolina. Plaintiff Elaine Byrd developed ovarian cancer,
and suffered effects attendant thereto, as a direct and proximate result of the unreasonably
dangerous and defective nature of talcum powder and Defendants’ wrongful and negligent conduct
in the research, development, testing, manufacture, production, promotion, distribution,
marketing, and sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff
Elaine Byrd has incurred and will incur medical expenses in the future, has endured and will endure
pain and suffering and loss of enjoyment of life, and Plaintiff Elaine Byrd has otherwise been
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[Old text]: "BrendaJoyceWarren" [New text]: "Elaine Byrd"The following text attributes were changed: font
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"1975 to"
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[Old text]: "BrendaJoyceWarren" [New text]: "Elaine Byrd"The following text attributes were changed: font
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damaged in a personal and pecuniary nature. At all pertinent times, Plaintiff Elaine Byrd applied
talcum powder in the States of Ohio, North Carolina and District of Columbia.
54. Plaintiff Kathleen Corsetti is a citizen of the City of Marysville, State of
Pennsylvania. At all pertinent times, including from approximately May 1964 to October 2014,
Plaintiff Kathleen Corsetti purchased and applied talcum powder in the States of Pennsylvania and
New Jersey. In or around March 2008, Plaintiff Kathleen Corsetti was diagnosed with ovarian
cancer, which developed in the State of Pennsylvania. Plaintiff Kathleen Corsetti developed
ovarian cancer, and suffered effects attendant thereto, as a direct and proximate result of the
unreasonably dangerous and defective nature of talcum powder and Defendants’ wrongful and
negligent conduct in the research, development, testing, manufacture, production, promotion,
distribution, marketing, and sale of talcum powder. As a direct and proximate result of these
injuries, Plaintiff Kathleen Corsetti has incurred and will incur medical expenses in the future, has
endured and will endure pain and suffering and loss of enjoyment of life, and Plaintiff Kathleen
Corsetti has otherwise been damaged in a personal and pecuniary nature. At all pertinent times,
Plaintiff Kathleen Corsetti applied talcum powder in the States of Pennsylvania and New Jersey.
55. Plaintiff Alishia Davis is a citizen of the City of Inman, State of South Carolina.
At all pertinent times, including from approximately 1986 to 2011, Plaintiff Alishia Davis
purchased and applied talcum powder in the State of South Carolina. In or around June 2011,
Plaintiff Alishia Davis was diagnosed with ovarian cancer, which developed in the State of South
Carolina. Plaintiff Alishia Davis developed ovarian cancer, and suffered effects attendant thereto,
as a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
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[Old text]: "LaverneWilliams" [New text]: "Kathleen Corsetti"The following text attributes were changed: font
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[Old text]: "53." [New text]: "At allpertinent times,Plaintiff Kathleen Corsetti applied talcum powder in the States of Pennsylvaniaand New Jersey.55."The following text attributes were changed: font
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[Old text]: "Floye Zimmerman" [New text]: "Alishia Davis"The following text attributes were changed: font
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[Old text]: "Arkansas, Georgia, New Mexico, Oklahoma and Illinois." [New text]: "South Carolina."The following text attributes were changed: font
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direct and proximate result of these injuries, Plaintiff Alishia Davis has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Alishia Davis has otherwise been damaged in a personal and
pecuniary nature. At all pertinent times, Plaintiff Alishia Davis applied talcum powder in the State
of South Carolina.
56. Plaintiff Pamela Hennigan is a citizen of the City of Longville, State of Louisiana.
At all pertinent times, including from approximately 1983 to November 2015, Plaintiff Pamela
Hennigan purchased and applied talcum powder in the State of Louisiana. In or around September
2015, Plaintiff Pamela Hennigan was diagnosed with ovarian cancer, which developed in the State
of Louisiana. Plaintiff Pamela Hennigan developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Plaintiff Pamela Hennigan has incurred and will
incur medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Pamela Hennigan has otherwise been damaged in a personal and
pecuniary nature. At all pertinent times, Plaintiff Pamela Hennigan applied talcum powder in the
State of Louisiana.
57. Plaintiff Savanna Crews, an adult whose principal place of residence is in the City
of Gretna, State of Virginia, brings this action individually and in her capacity as Administrator of
the Estate of Angela Dawn Hershman. Plaintiff Savanna Crews is pursuing this action due to the
wrongfully caused premature death of Angela Dawn Hershman, on behalf the Estate of Angela
Dawn Hershman and all wrongful death beneficiaries/statutory distributees of Angela Dawn
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[Old text]: "54." [New text]: "At allpertinent times, PlaintiffAlishia Davis applied talcum powder in theStateof South Carolina.56."The following text attributes were changed: font
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[Old text]: "WillieMaeEnglish" [New text]: "PamelaHennigan"The following text attributes were changed: font
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"Electronically Filed - City of St. Louis - July 31, 2014 - 02:43 PM35"
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[Old text]: "55." [New text]: " At allpertinent times, PlaintiffPamela Hennigan applied talcum powderin theState of Louisiana.57."The following text attributes were changed: font
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[Old text]: "Dennis Zierenberg," [New text]: "SavannaCrews,"The following text attributes were changed: font
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[Old text]: "Illinois. Hewas" [New text]: "Virginia, brings this action individuallyand in her capacityas Administrator of"The following text attributes were changed: font
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[Old text]: "lawful spouse" [New text]: "Estate"The following text attributes were changed: font
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"Angela Dawn Hershman. PlaintiffSavannaCrews is pursuingthis action dueto"
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[Old text]: "decedent Connie SueZierenberg, at" [New text]: "wrongfullycaused prematuredeath of Angela Dawn Hershman, on behalf"The following text attributes were changed: font
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[Old text]: "her premature" [New text]: "Angela Dawn Hershman and all wrongful"The following text attributes were changed: font
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[Old text]: "on August 1, 2011." [New text]: "beneficiaries/statutorydistributees of Angela DawnElectronically Filed - City of St. Louis - February 10, 2017 - 03:30 PM36"The following text attributes were changed: font
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Hershman. The premature death of Angela Dawn Hershman was the direct and proximate result
of her application of talcum powder and subsequent ovarian cancer diagnosis. As a direct and
proximate result of the unreasonably dangerous and defective nature of talcum powder and
Defendants’ wrongful and negligent conduct in the research, development, testing, manufacture,
production, promotion, distribution, marketing, and sale of talcum powder, and pursuant to §§8.01-
50, et seq., and §§8.01-25, et seq., Plaintiff seeks damages for decedent’s loss of future earnings,
loss of decedent’s value to her estate, pain and suffering endured by decedent prior to premature
death, medical, funeral and burial expenses, loss of services and support, and other damages as
allowed by law.
58. Plaintiff Hue Tu McNabb is a citizen of the City of Phoenix, State of Arizona. At
all pertinent times, including from approximately July 1965 to June 2014, Plaintiff Hue Tu
McNabb purchased and applied talcum powder in the State of Arizona. In or around May 2012,
Plaintiff Hue Tu McNabb was diagnosed with ovarian cancer, which developed in the State of
Arizona. Plaintiff Hue Tu McNabb developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Hue Tu McNabb has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Hue Tu McNabb has otherwise been damaged in a personal and
pecuniary nature. At all pertinent times, Plaintiff Hue Tu McNabb applied talcum powder in the
State of Arizona.
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"Hershman."
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[Old text]: "§537.080 of the MissouriRevised Statutes, which is commonlyknown as the Missouri “Wrongful Death Act,”Plaintiff, on behalf of the class of persons entitled torecover under theWrongful Death Act," [New text]: "§§8.0150, et seq., and §§8.01-25, et seq.,Plaintiff"The following text attributes were changed: font
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[Old text]: "SylviaWhite" [New text]: "HueTuMcNabb"The following text attributes were changed: font
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"Electronically Filed - City of St. Louis - July 31, 2014 - 02:43 PM36"
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[Old text]: "PlaintiffSylviaWhite" [New text]: "HueTu McNabb"The following text attributes were changed: font
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"57.PlaintiffNickyBattagliaSr.,an adultwhoseprincipal placeof residenceisin theCityof Victorville, Stateof California, and was the lawful spouse of the decedent Lois Battaglia, at the time ofherprematuredeath on October10,2012. PlaintiffNickyBattagliaSr.brings this action individually, and as Representative of the Estateof Lois Battaglia, deceased.Theprematuredeath of Lois Battagliawas the direct and proximateresultof her application of talcum powder and subsequent ovarian cancer diagnosis. As adirect and proximate resultof the unreasonablydangerous and defectivenatureof talcum powder and Defendants’ wrongful and negligent conductin the research, development, testing, manufacture, production, promotion, distribution,marketing, and sale of talcum powder, and pursuant to Cal. CodeCiv.Proc. § 377.30 and Cal.Code Civil Proc. §§ 377.60et seq., Plaintiff seeks damages for decedent’s loss of future earnings,lossof decedent’svalueto her estate, pain andsuffering endured bydecedent priortoprematuredeath, medical, funeral and burial expenses, lossof services and support, and otherdamages asallowed by law."
59. Plaintiff Dionne Rockhold is a citizen of the City of Long Beach, State of
California. At all pertinent times, including from approximately May 1967 to 2012, Plaintiff
Dionne Rockhold purchased and applied talcum powder in the State of California. In or around
2013, Plaintiff Dionne Rockhold was diagnosed with ovarian cancer, which developed in the State
of California. Plaintiff Dionne Rockhold developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Plaintiff Dionne Rockhold has incurred and will
incur medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Dionne Rockhold has otherwise been damaged in a personal and
pecuniary nature. At all pertinent times, Plaintiff Dionne Rockhold applied talcum powder in the
State of California.
60. Plaintiff Yudmila Sanchez is a citizen of Washington, District of Columbia. At all
pertinent times, including from approximately 2001 to 2014, Plaintiff Yudmila Sanchez purchased
and applied talcum powder in the State of New York. In or around May 2014, Plaintiff Yudmila
Sanchez was diagnosed with ovarian cancer, which developed in the District of Columbia.
Plaintiff Yudmila Sanchez developed ovarian cancer, and suffered effects attendant thereto, as a
direct and proximate result of the unreasonably dangerous and defective nature of talcum powder
and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Yudmila Sanchez has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
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[Old text]: "59." [New text]: " At allpertinent times, PlaintiffDionne Rockhold applied talcum powder in theState of California.60."The following text attributes were changed: font
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[Old text]: "the City" [New text]: "Washington, District"The following text attributes were changed: font
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[Old text]: "Morristown, Stateof Minnesota." [New text]: "Columbia."The following text attributes were changed: font
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enjoyment of life, and Plaintiff Yudmila Sanchez has otherwise been damaged in a personal and
pecuniary nature. At all pertinent times, Plaintiff Yudmila Sanchez applied talcum powder in the
State of New York.
61. Plaintiff Christine Todd is a citizen of the City of Plainfield, State of Illinois. At
all pertinent times, including from approximately 1978 to 2015, Plaintiff Christine Todd purchased
and applied talcum powder in the States of Illinois and Michigan. In or around September 2014,
Plaintiff Christine Todd was diagnosed with ovarian cancer, which developed in the State of
Illinois. Plaintiff Christine Todd developed ovarian cancer, and suffered effects attendant thereto,
as a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Christine Todd has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Christine Todd has otherwise been damaged in a personal and
pecuniary nature. At all pertinent times, Plaintiff Christine Todd applied talcum powder in the
States of Illinois and Michigan.
62. Plaintiff Tracy White is a citizen of the City of Everett, State of Washington. At
all pertinent times, including from approximately October 1972 to 1985, Plaintiff Tracy White
purchased and applied talcum powder in the State of Washington. In or around November 2013,
Plaintiff Tracy White was diagnosed with ovarian cancer, which developed in the State of
Washington. Plaintiff Tracy White developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
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[Old text]: "St. Louis - July 31, 2014 - 02:43 PM38" [New text]: "New York.61."The following text attributes were changed: font, fill color, size
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[Old text]: "Deborah L. Smith" [New text]: "ChristineTodd"The following text attributes were changed: font
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[Old text]: "Deborah L. Smith" [New text]: "Christine Todd"The following text attributes were changed: font
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[Old text]: "Deborah L. Smith" [New text]: "ChristineTodd"The following text attributes were changed: font
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[Old text]: "DeborahL.Smith" [New text]: "ChristineTodd"The following text attributes were changed: font
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[Old text]: "Deborah L. Smith" [New text]: "ChristineTodd"The following text attributes were changed: font
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[Old text]: "Deborah L. Smith" [New text]: "ChristineTodd"The following text attributes were changed: font
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[Old text]: "61." [New text]: "At allpertinent times,"The following text attributes were changed: font
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[Old text]: "Patrick Mahargis an adultwhoseprincipal placeof residenceis in the Cityof Manassas,Stateof Pennsylvania. Hewas the lawful spouse of the decedent Denise Maharg, atthe time of her prematuredeath on August 9, 2012. PlaintiffPatrick Mahargbrings this action inhis capacityasTrusteeAd Litem on behalf ofallpersons entitled to sharein the damages.Theprematuredeath of DeniseMahargwasthe direct and proximate resultof herapplication of talcumpowder and subsequent ovarian cancer diagnosis. As adirect and proximate resultof theunreasonablydangerous and defectivenatureof" [New text]: "ChristineTodd applied"The following text attributes were changed: font
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"and Defendants’ wrongful andnegligent conduct"
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[Old text]: "talcum powder," [New text]: "Illinois"The following text attributes were changed: font
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[Old text]: "pursuantto Penn.Code§ 2202, et seq., Plaintiffseeks damages fordecedent’s lossof futureearnings, lossof decedent’s value to herElectronically Filed - City of St. Louis - July 31, 2014 - 02:43 PM39" [New text]: "Michigan."The following text attributes were changed: font
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"estate, painand suffering endured bydecedentprior to prematuredeath, medical, funeral and burialexpenses, loss of services and support, and other damages as allowed by law."
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[Old text]: "Samantha Wells" [New text]: "TracyWhite"The following text attributes were changed: font
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[Old text]: "Houston," [New text]: "Everett,"The following text attributes were changed: font
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[Old text]: "1983" [New text]: "October1972"The following text attributes were changed: font
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[Old text]: "Samantha Wells" [New text]: "TracyWhite"The following text attributes were changed: font
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[Old text]: "December 28, 2012," [New text]: "November2013,"The following text attributes were changed: font
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testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Plaintiff Tracy White has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Tracy White has otherwise been damaged in a personal and
pecuniary nature. At all pertinent times, Plaintiff Tracy White applied talcum powder in the State
of Washington.
63. The Defendant, Johnson & Johnson, is a New Jersey corporation with its principal
place of business in the State of New Jersey.
64. At all pertinent times, Johnson & Johnson was engaged in the business of
manufacturing, marketing, testing, promoting, selling, and/or distributing the PRODUCTS. At all
pertinent times, Johnson & Johnson regularly transacted, solicited, and conducted business in all
States of the United States, including the State of Missouri.
65. The Defendant, Johnson & Johnson Consumer Companies, Inc. is a New Jersey
corporation with its principal place of business in the State of New Jersey.
66. At all pertinent times, Johnson & Johnson Consumer Companies, Inc. was engaged
in the business of manufacturing, marketing, testing, promoting, selling, and/or distributing the
PRODUCTS. At all pertinent times, Johnson & Johnson Consumer Companies, Inc. regularly
transacted, solicited, and conducted business in all States of the United States, including the State
of Missouri.
67. Defendant Johnson & Johnson Consumer Companies, Inc. is a subsidiary of
Defendant Johnson & Johnson.
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[Old text]: "Walter Cunningham, is an adultwhoseprincipal placeof residenceis in the Cityof Alabaster, State of Alabama, brings this action individuallyand in his capacityasAdministratorof the Estate of Mildred Cunningham. PlaintiffWalter Cunningham is pursuingthis action due to the wrongfully caused prematuredeath of his wife, Mildred Cunningham, on behalfof himself and that decedent’s estate. Theprematuredeath of Mildred Cunningham was the direct and proximate resultof her application oftalcum powder and subsequent ovarian cancerdiagnosis. As adirect andproximate resultof theunreasonablydangerous and defectivenatureof" [New text]: "TracyWhiteapplied"The following text attributes were changed: font
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"and Defendants’wrongful andnegligent conduct"
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[Old text]: "talcum powder, andElectronically Filed - City of St. Louis - July 31, 2014 - 02:43 PM40" [New text]: "Washington.63."The following text attributes were changed: font
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"pursuant to Ala. Code§6-5-410, et seq.,Plaintiffseeks damages fordecedent’s lossof futureearnings, loss of decedent’s value to her estate, and other damages as allowed by law.64."
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"67.Defendant Johnson & Johnson Consumer Companies, Inc. is a subsidiaryof Defendant Johnson & Johnson.Electronically Filed - City of St. Louis - February 10, 2017 - 03:30 PM40"
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68. Defendant Johnson & Johnson formulated, manufactured, marketed, tested,
promoted, sold and distributed the PRODUCTS prior to Johnson & Johnson Consumer
Companies, Inc. f/k/a Johnson & Johnson Consumer Companies, Inc. coming into existence.
69. Defendant Johnson & Johnson formulates and coordinates the global strategy for
the “Johnson & Johnson Family of Companies,” including Johnson & Johnson Consumer
Companies, Inc., and maintains central corporate policies requiring Johnson & Johnson
Consumer Companies, Inc., to act under the general guidance of Johnson & Johnson.
70. Johnson & Johnson exercised an unusually high degree of control over Johnson &
Johnson Consumer Companies, Inc., particularly with the manufacturing, marketing, testing,
promoting, selling, and/or distributing of the PRODUCTS.
71. Johnson & Johnson maintains a reporting relationship with Johnson & Johnson
Consumer Companies, Inc., that is not defined by a legal, corporate relationship, but in fact
crosses that corporate line.
72. Johnson & Johnson hereto directed Johnson & Johnson Consumer Companies,
Inc., how it was to handle product safety communication between Johnson & Johnson Consumer
Companies, Inc., and the scientific community and consumers at large as to the hazard the
PRODUCTS pose to women with respect to development of ovarian cancer.
73. Johnson & Johnson also maintains a central global finance function that governs
the entire Johnson & Johnson Family of Companies, to include Defendant Johnson & Johnson
Consumer Companies, Inc., such that Johnson & Johnson Consumer Companies, Inc. does not
function independently but under Johnson & Johnson’s umbrella.
74. The Defendant, Imerys Talc America, Inc., f/k/a Luzenac America, Inc., is a
Delaware corporation with its principal place of business in the State of California.
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"Defendant Johnson & Johnson formulated, manufactured, marketed, tested, promoted, sold and distributed the PRODUCTS prior to Johnson & Johnson Consumer Companies, Inc. f/k/a Johnson & Johnson Consumer Companies, Inc. coming into existence.69.Defendant Johnson & Johnson formulates and coordinates theglobal strategyforthe “Johnson & Johnson Family of Companies,” including Johnson & Johnson Consumer Companies, Inc., and maintains central corporate policies requiring Johnson & Johnson Consumer Companies, Inc., to act under thegeneral guidance of Johnson & Johnson.70.Johnson& Johnson exercised an unusually high degree of control over Johnson &Johnson Consumer Companies, Inc., particularlywith the manufacturing, marketing, testing, promoting, selling, and/or distributing of the PRODUCTS.71.Johnson & Johnson maintains a reporting relationship with Johnson & Johnson Consumer Companies, Inc., that is not defined bya legal, corporate relationship, but in fact crosses that corporate line.72.Johnson & Johnson hereto directed Johnson & Johnson Consumer Companies, Inc., how it was to handle product safety communication between Johnson & Johnson Consumer Companies, Inc., and the scientific community and consumers at large as to the hazard thePRODUCTS pose to women with respect to development of ovarian cancer. 73.Johnson & Johnson also maintains a central global finance function that governs the entire Johnson & Johnson Family of Companies, to include Defendant Johnson & Johnson Consumer Companies, Inc., such that Johnson & Johnson Consumer Companies, Inc. does notfunction independently but under Johnson & Johnson’s umbrella.74."
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75. At all pertinent times, Imerys Talc America, Inc., f/k/a Luzenac America, Inc., has
been in the business of mining and distributing talcum powder for use in talcum powder based
products, including the PRODUCTS. Imerys Talc is the successor or continuation of Luzenac
America, Inc., and Imerys Talc America, Inc. is legally responsible for all liabilities incurred when
it was known as Luzenac America, Inc.
76. At all pertinent times, all Defendants were engaged in the research, development,
manufacture, design, testing, sale and marketing of PRODUCTS, and introduced such products
into interstate commerce with knowledge and intent that such products be sold in the States of
Alabama, Arizona, Arkansas, California, Colorado, District of Columbia, Florida, Georgia,
Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon,
Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington and
Wisconsin.
VENUE
77. Venue is proper in this Court because Decedent Valerie Swann was first exposed
in the City of St. Louis, State of Missouri, as this is where, at all pertinent times, she purchased,
used, and was exposed to the Products at issue.
ALLEGATIONS COMMON TO ALL COUNTS
78. Talc is a magnesium trisilicate and is mined from the earth. Talc is an inorganic
mineral. The Defendant, Imerys Talc America, Inc., f/k/a Luzenac America, Inc., mined the talc
contained in the PRODUCTS.
79. Talc is the main substance in talcum powders. The Johnson & Johnson Defendants
manufactured the PRODUCTS. The PRODUCTS are composed almost entirely of talc.
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80. At all pertinent times, a feasible alternative to the PRODUCTS has existed.
Cornstarch is an organic carbohydrate that is quickly broken down by the body with no known
health effects. Cornstarch powders have been sold and marketed for the same uses with nearly the
same effectiveness.
81. Imerys Talc1 has continually advertised and marketed talc as safe for human use.
82. Imerys Talc supplies customers with material safety data sheets for talc. These
material safety data sheets are supposed to convey adequate health and warning information to its
customers.
83. Historically, “Johnson’s Baby Powder” has been a symbol of freshness, cleanliness,
and purity. During the time in question, the Johnson & Johnson Defendants advertised and
marketed this product as the beacon of “freshness” and “comfort”, eliminating friction on the skin,
absorbing “excess wetness” helping keep skin feeling dry and comfortable, and “clinically proven
gentle and mild”. The Johnson & Johnson Defendants compelled women through advertisements
to dust themselves with this product to mask odors. The bottle of “Johnson’s Baby Powder”
specifically targets women by stating, “For you, use every day to help feel soft, fresh, and
comfortable.”
84. During the time in question, the Johnson & Johnson Defendants advertised and
marketed the product “Shower to Shower” as safe for use by women as evidenced in its slogan “A
sprinkle a day keeps odor away”, and through advertisements such as “Your body perspires in
more places than just under your arms. Use SHOWER to SHOWER to feel dry, fresh, and
comfortable throughout the day.” And “SHOWER to SHOWER can be used all over your body.”
1 All allegations regarding actions taken by Imerys Talc also include actions taken while that entity was known as
Luzenac America, Inc.
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85. The Plaintiffs used the PRODUCTS to dust their perineum for feminine hygiene
purposes. This was an intended and foreseeable use of the PRODUCTS based on the advertising,
marketing, and labeling of the PRODUCTS.
86. In 1971, the first study was conducted that suggested an association between talc
and ovarian cancer. This study was conducted by Dr. WJ Henderson and others in Cardiff, Wales.
87. In 1982, the first epidemiologic study was performed on talc powder use in the
female genital area. This study was conducted by Dr. Daniel Cramer and others. This study found
a 92% increased risk in ovarian cancer with women who reported genital talc use. Shortly after
this study was published, Dr. Bruce Semple of Johnson & Johnson came and visited Dr. Cramer
about his study. Dr. Cramer advised Dr. Semple that Johnson & Johnson should place a warning
on its talcum powders about the ovarian cancer risks so that women can make an informed decision
about their health.
88. Since 1982, there have been approximately twenty-two (22) additional
epidemiologic studies providing data regarding the association of talc and ovarian cancer. Nearly
all of these studies have reported an elevated risk for ovarian cancer associated with genital talc
use in women.
89. In 1993, the United States National Toxicology Program published a study on the
toxicity of non-asbestiform talc and found clear evidence of carcinogenic activity. Talc was found
to be a carcinogen, with or without the presence of asbestos-like fibers.
90. In response to the United States National Toxicology Program’s study, the
Cosmetic Toiletry and Fragrance Association (CTFA) formed the Talc Interested Party Task Force
(TIPTF). Johnson & Johnson, Inc., Johnson & Johnson Consumer Companies, Inc. and Luzenac
were members of the CTFA and were the primary actors and contributors of the TIPTF. The stated
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purpose of the TIPTF was to pool financial resources of these companies in an effort to collectively
defend talc use at all costs and to prevent regulation of any type over this industry. The TIPTF
hired scientists to perform biased research regarding the safety of talc, members of the TIPTF
edited scientific reports of the scientists hired by this group prior the submission of these scientific
reports to governmental agencies, members of the TIPTF knowingly released false information
about the safety of talc to the consuming public, and used political and economic influence on
regulatory bodies regarding talc. All of these activities have been well coordinated and planned
by these companies and organizations over the past four (4) decades in an effort to prevent
regulation of talc and to create confusion to the consuming public about the true hazards of talc
relative to ovarian cancer.
91. On November 10, 1994, the Cancer Prevention Coalition mailed a letter to then
Johnson & Johnson C.E.O, Ralph Larson, informing his company that studies as far back as 1960’s
“. . . show[ ] conclusively that the frequent use of talcum powder in the genital area pose[ ] a
serious health risk of ovarian cancer.” The letter cited a recent study by Dr. Bernard Harlow from
Harvard Medical School confirming this fact and quoted a portion of the study where Dr. Harlow
and his colleagues discouraged the use of talc in the female genital area. The letter further stated
that 14,000 women per year die from ovarian cancer and that this type of cancer is very difficult
to detect and has a low survival rate. The letter concluded by requesting that Johnson & Johnson
withdraw talc products from the market because of the alternative of cornstarch powders, or at a
minimum, place warning information on its talc-based body powders about ovarian cancer risk
they pose.
92. In 1996, the condom industry stopped dusting condoms with talc due to the health
concerns of ovarian cancer.
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93. In February of 2006, the International Association for the Research of Cancer
(IARC) part of the World Health Organization published a paper whereby they classified perineal
use of talc based body powder as a “Group 2B” human carcinogen. IARC which is universally
accepted as the international authority on cancer issues, concluded that studies from around the
world consistently found an increased risk of ovarian cancer in women from perineal use of talc.
IARC found that between 16-52% of women in the world were using talc to dust their perineum
and found an increased risk of ovarian cancer in women talc users ranging from 30-60%. IARC
concluded with this “Evaluation”: “There is limited evidence in humans for the carcinogenicity
of perineal use of talc-based body powder.” By definition “Limited evidence of carcinogenicity”
means “a positive association has been observed between exposure to the agent and cancer for
which a causal interpretation is considered by the Working Group to be credible, but chance, bias
or confounding could not be ruled out with reasonable confidence.”
94. In approximately 2006, the Canadian government under The Hazardous Products
Act and associated Controlled Products Regulations classified talc as a “D2A” , “very toxic”,
“cancer causing” substance under its Workplace Hazardous Materials Information System
(WHMIS). Asbestos is also classified as “D2A”.
95. In 2006, Imerys Talc began placing a warning on its Material Safety Data Sheets
(MSDS) it provided to the Johnson & Johnson Defendants regarding the talc it sold to them to be
used in the PRODUCTS. These MSDSs not only provided the warning information about the
IARC classification but also included warning information regarding “States Rights to Know” and
warning information about the Canadian Government’s “D2A” classification of talc as well.
96. The Defendants had a duty to know and warn about the hazards associated with the
use of the PRODUCTS.
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97. The Defendants failed to inform its customers and end users of the PRODUCTS of
a known catastrophic health hazard associated with the use of its products.
98. In addition, the Defendants procured and disseminated false, misleading, and
biased information regarding the safety of the PRODUCTS to the public and used influence over
governmental and regulatory bodies regarding talc.
99. As a direct and proximate result of the Defendants’ calculated and reprehensible
conduct, Plaintiffs were injured and suffered damages, namely ovarian cancer, which required
surgeries and treatments.
COUNT ONE – STRICT LIABILITY FOR FAILURE TO WARN
(Imerys Talc and Johnson & Johnson Defendants)
71. Plaintiffs incorporate by reference all other paragraphs of this Third Amended
Petition as if fully set forth herein.
72. At all pertinent times, Imerys Talc mined and sold talc to the Johnson & Johnson
Defendants, which it knew that Johnson & Johnson was then packaging and selling to consumers
as the PRODUCTS and it knew that consumers of the PRODUCTS were using it to powder their
perineal regions.
73. At all pertinent times, Imerys Talc knew and/or should have known of the
unreasonably dangerous and carcinogenic nature of the talc it was selling to the Johnson & Johnson
Defendants, especially when used in a woman’s perineal regions, and it knew or should have
known that Johnson & Johnson was not warning its consumers of this danger.
74. At all pertinent times, the Johnson & Johnson Defendants were manufacturing,
marketing, testing, promoting, selling and/or distributing the PRODUCTS in the regular course of
business.
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75. At all pertinent times, Plaintiffs used the PRODUCTS to powder their perineal area,
which is a reasonably foreseeable use.
76. At all pertinent times, all Defendants in this action knew or should have known that
the use of talcum powder based products in the perineal area significantly increases the risk of
ovarian cancer based upon scientific knowledge dating back to the 1960s.
77. At all pertinent times, including the time of sale and consumption, the PRODUCTS,
when put to the aforementioned reasonably foreseeable use, were in an unreasonably dangerous
and defective condition because they failed to contain adequate and proper warnings and/or
instructions regarding the increased risk of ovarian cancer associated with the use of the
PRODUCTS by women to powder their perineal area. Defendants themselves failed to properly
and adequately warn and instruct Plaintiffs as to the risks and benefits of the PRODUCTS given
Plaintiffs’ need for this information.
78. Had the Plaintiffs received a warning that the use of the PRODUCTS would have
significantly increased their risk of ovarian cancer, she would not have used the same. As a
proximate result of Defendants’ design, manufacture, marketing, sale, and distribution of the
PRODUCTS, Plaintiffs have been injured catastrophically, and have been caused severe and
permanent pain, suffering, disability, impairment, loss of enjoyment of life, loss of care, comfort,
and economic damages.
79. The development of ovarian cancer by the Plaintiffs was the direct and proximate
result of the unreasonably dangerous and defective condition of the PRODUCTS at the time of
sale and consumption, including their lack of warnings; Plaintiffs have suffered injuries and
damages including but not limited to conscious pain and suffering of Plaintiffs, medical expenses
and lost wages.
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80. The Defendants’ products were defective because they failed to contain warnings
and/or instructions, and breached express warranties and/or failed to conform to express factual
representations upon which the Plaintiffs justifiably relied in electing to use the products. The
defect or defects made the products unreasonably dangerous to those persons, such as Plaintiffs,
who could reasonably be expected to use and rely upon such products. As a result, the defect or
defects were a producing cause of the Plaintiffs’ injuries and damages.
81. The Defendants’ products failed to contain, and continue to this day not to contain,
adequate warnings and/or instructions regarding the increased risk of ovarian cancer with the use
of their products by women. The Defendants continue to market, advertise, and expressly
represent to the general public that it is safe for women to use their product regardless of
application. These Defendants continue with these marketing and advertising campaigns despite
having scientific knowledge that dates back to the 1960’s that their products increase the risk of
ovarian cancer in women when used in the perineal area.
WHEREFORE, Plaintiffs pray for judgment against Imerys Talc and the Johnson &
Johnson Defendants in a fair and reasonable sum in excess of $25,000.00 together with costs
expended herein and such further and other relief as the Court deems just and appropriate.
COUNT TWO – NEGLIGENCE
(Imerys Talc)
71. Plaintiffs reallege and incorporate by reference every allegation of this Third
Amended Petition as if each were set forth fully and completely herein.
72. At all pertinent times, Defendants had a duty to exercise reasonable care to
consumers, including Plaintiffs herein, in the design, development, manufacture, testing,
inspection, packaging, promotion, marketing, distribution, labeling and/or sale of the
PRODUCTS.
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73. At all pertinent times, Imerys Talc mined and sold talc to the Johnson & Johnson
Defendants, which it knew and/or should have known was then being packaged and sold to
consumers as the PRODUCTS by the Johnson and Johnson Defendants. Further, Imerys Talc
knew and/or should have known that consumers of the PRODUCTS were using it to powder their
perineal regions.
74. At all pertinent times, Imerys Talc knew or should have known that the use of
talcum powder based products in the perineal area significantly increases the risk of ovarian cancer
based upon scientific knowledge dating back to the 1960s.
75. At all pertinent times, Imerys Talc knew or should have known that Johnson &
Johnson was not providing warnings to consumers of the PRODUCTS of the risk of ovarian cancer
posed by talc contained therein.
76. At all pertinent times, Imerys Talc was negligent in providing talc to the Johnson
& Johnson Defendants, when it knew or should have known that the talc would be used in the
PRODUCTS, without adequately taking steps to ensure that ultimate consumers of the
PRODUCTS, including Decedent, received the information that Imerys Talc possessed on the
carcinogenic properties of talc, including its risk of causing ovarian cancer.
77. As a direct and proximate result of Imerys Talc’s negligence, Plaintiffs purchased
and used, as aforesaid, the PRODUCTS that directly and proximately caused Plaintiffs to develop
ovarian cancer; Plaintiffs were caused to incur medical bills, lost wages, and conscious pain and
suffering, and/or death; Plaintiffs were caused to sustain damages as a direct and proximate result,
in some cases to include untimely death, funeral and burial costs, as well as the loss of his wife’s
services, companionship, comfort, instruction, guidance, counsel, training and support.
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WHEREFORE, Plaintiff prays for judgment against Imerys Talc in a fair and reasonable
sum in excess of $25,000.00, together with costs expended herein and such further and other relief
as the Court deems just and appropriate.
COUNT THREE –NEGLIGENCE
(Johnson & Johnson Defendants)
82. Plaintiffs hereby incorporate by reference each of the preceding paragraphs as if
fully set forth herein.
83. The Johnson & Johnson Defendants were negligent in marketing, designing,
manufacturing, producing, supplying, inspecting, testing, selling and/or distributing the
PRODUCTS in one or more of the following respects:
a. In failing to warn Plaintiffs of the hazards associated with the use of the
PRODUCTS;
b. In failing to properly test their products to determine adequacy and effectiveness or
safety measures, if any, prior to releasing the PRODUCTS for consumer use;
c. In failing to properly test their products to determine the increased risk of ovarian
cancer during the normal and/or intended use of the PRODUCTS;
d. In failing to inform ultimate users, such as Plaintiffs as to the safe and proper
methods of handling and using the PRODUCTS;
e. In failing to remove the PRODUCTS from the market when the Defendants knew
or should have known the PRODUCTS were defective;
f. In failing to instruct the ultimate users, such as Plaintiffs, as to the methods for
reducing the type of exposure to the PRODUCTS which caused increased risk of
ovarian cancer;
g. In failing to inform the public in general and the Plaintiffs in particular of the known
dangers of using the PRODUCTS for dusting the perineum;
h. In failing to advise users how to prevent or reduce exposure that caused increased
risk for ovarian cancer;
i. In marketing and labeling the PRODUCTS as safe for all uses despite knowledge
to the contrary.
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j. In failing to act like a reasonably prudent company under similar circumstances.
Each and all of these acts and omissions, taken singularly or in combination, were a
proximate cause of the injuries and damages sustained by Plaintiffs.
84. At all pertinent times, the Johnson & Johnson Defendants knew or should have
known that the PRODUCTS were unreasonably dangerous and defective when put to their
reasonably anticipated use.
85. As a direct and proximate result of the Johnson & Johnson Defendants’ negligence
in one or more of the aforementioned ways, Plaintiffs purchased and used, as aforesaid, the
PRODUCTS that directly and proximately caused each Plaintiff to develop ovarian cancer;
Plaintiffs were caused to incur medical bills, lost wages, and conscious pain and suffering.
WHEREFORE, Plaintiffs pray for judgment against the Johnson & Johnson Defendants in
a fair and reasonable sum in excess of $25,000.00, together with costs expended herein and such
further and other relief as the Court deems just and appropriate.
COUNT FOUR – BREACH OF EXPRESS WARRANTY
(Johnson & Johnson Defendants)
100. .Plaintiffs hereby incorporate by reference each of the preceding paragraphs as if
fully set forth herein.
101. The Johnson & Johnson Defendants expressly warranted, through direct-to-
consumer marketing, advertisements, and labels, that the PRODUCTS were safe and effective for
reasonably anticipated uses, including use by women in the perineal area.
102. The PRODUCTS did not conform to these express representations because they
cause serious injury when used by women in the perineal area in the form of ovarian cancer.
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103. As a direct and proximate result of the Defendants’ breach of warranty, Plaintiffs
purchased and used, as aforesaid, the PRODUCTS that directly and proximately caused each
Plaintiff to develop ovarian cancer; Plaintiffs were caused to incur medical bills, lost wages, and
conscious pain and suffering.
WHEREFORE, Plaintiffs pray for judgment against the Johnson & Johnson Defendants in
a fair and reasonable sum in excess of $25,000.00, together with costs expended herein and such
further and other relief as the Court deems just and appropriate.
COUNT FIVE – BREACH OF IMPLIED WARRANTIES
(Johnson & Johnson Defendants)
104. Plaintiffs incorporate by reference every other paragraph of this Third Amended
Petition as if each were set forth fully and completely herein.
105. At the time the Defendants manufactured, marketed, labeled, promoted, distributed
and/or sold the PRODUCTS, the Johnson & Johnson Defendants knew of the uses for which the
PRODUCTS were intended, including use by women in the perineal area, and impliedly warranted
the PRODUCTS to be of merchantable quality and safe for such use.
106. Defendants breached their implied warranties of the PRODUCTS sold to Plaintiffs
because they were not fit for their common, ordinary and intended uses, including use by women
in the perineal area.
107. As a direct, foreseeable and proximate result of the Defendants’ breaches of implied
warranties, Plaintiffs purchased and used, as aforesaid, the PRODUCTS that directly and
proximately caused each Plaintiff to develop ovarian cancer; Plaintiffs were caused to incur
medical bills, lost wages, and conscious pain and suffering.
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WHEREFORE, Plaintiffs pray for judgment against the Johnson & Johnson Defendants in
a fair and reasonable sum in excess of $25,000.00, together with costs expended herein and such
further and other relief as the Court deems just and appropriate.
COUNT SIX – CIVIL CONSPIRACY
(All Defendants)
108. Plaintiffs incorporate by reference every other paragraph of this Third Amended
Petition as if each were set forth fully and completely herein.
109. Defendants and/or their predecessors-in-interest knowingly agreed, contrived,
combined, confederated and conspired among themselves to cause Plaintiffs’ injuries, disease,
and/or illnesses by exposing the Plaintiffs to harmful and dangerous PRODUCTS. Defendants
further knowingly agreed, contrived, confederated and conspired to deprive the Decedent and
Plaintiff of the opportunity of informed free choice as to whether to use the PRODUCTS or to
expose her to said dangers. Defendants committed the above described wrongs by willfully
misrepresenting and suppressing the truth as to the risks and dangers associated with the use of
and exposure to the PRODUCTS.
110. In furtherance of said conspiracies, Defendants performed the following overt acts:
a. For many decades, Defendants, individually, jointly, and in conspiracy with
each other, have been in possession of medical and scientific data, literature
and test reports which clearly indicated that use of their by women resulting
from ordinary and foreseeable use of the PRODUCTS were unreasonably
dangerous, hazardous, deleterious to human health, carcinogenic, and
potentially deadly;
b. Despite the medical and scientific data, literature, and test reports possessed
by and available to Defendants, Defendants individually, jointly, and in
conspiracy with each other, fraudulently, willfully and maliciously:
i. Withheld, concealed and suppressed said medical information
regarding the increased risk of ovarian cancer from Plaintiff and
Decedent (as set out in the “Facts” section of this pleading); In
addition, on July 27, 2005 Defendants as part of the TIPTF
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corresponded and agreed to edit and delete portions of scientific
papers being submitted on their behalf to the United States
Toxicology Program in an attempt to prevent talc from being
classified as a carcinogen;
ii. The Defendants through the TIPTF instituted a “defense strategy”
to defend talc at all costs. Admittedly, the Defendants through the
TIPTF used their influence over the NTP Subcommittee, and the
threat of litigation against the NTP to prevent the NTP from
classifying talc as a carcinogen on its 10th RoC. According to the
Defendants, “. . . we believe these strategies paid-off”;
iii. Caused to be released, published and disseminated medical and
scientific data, literature, and test reports containing information and
statements regarding the risks of ovarian cancer which Defendants
knew were incorrect, incomplete, outdated, and misleading.
Specifically, the Defendants through the TIPTF collectively agreed
to release false information to the public regarding the safety of talc
on July 1, 1992; July 8, 1992; and November 17, 1994. In a letter
dated September 17, 1997, the Defendants were criticized by their
own Toxicologist consultant for releasing this false information to
the public, yet nothing was done by the Defendants to correct or
redact this public release of knowingly false information.
c. By these false and fraudulent representations, omissions, and concealments,
Defendants intended to induce the Plaintiffs to rely upon said false and
fraudulent representations, omissions and concealments, and to continue to
expose herself to the dangers inherent in the use of and exposure to the
PRODUCTS.
111. Decedent reasonably and in good faith relied upon the aforementioned fraudulent
representations, omissions, and concealments made by Defendants regarding the nature of the
PRODUCTS.
112. As a direct, foreseeable and proximate result of the Defendants’ breaches of implied
warranties, Plaintiffs purchased and used, as aforesaid, the PRODUCTS that directly and
proximately caused each Plaintiff to develop ovarian cancer; Plaintiffs were caused to incur
medical bills, lost wages, and conscious pain and suffering.
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WHEREFORE, Plaintiff prays for judgment against all Defendants, each of them, in a fair
and reasonable sum in excess of $25,000.00, together with costs expended herein and such further
and other relief as the Court deems just and appropriate.
COUNT SEVEN – CONCERT OF ACTION
(All Defendants)
113. Plaintiffs incorporate by reference every other paragraph of this Third Amended
Petition as if each were set forth fully and completely herein.
114. At all pertinent times, Imerys Talc, the Johnson & Johnson Defendants, and the
PCPC knew that the PRODUCTS should contain warnings on the risk of ovarian cancer posed by
women using the product to powder the perineal region, but purposefully sought to suppress such
information and omit from talc based products so as not to negatively affect sales and maintain the
profits of the Johnson & Johnson Defendants and Imerys Talc.
115. As a direct, foreseeable and proximate result of the Defendants’ breaches of implied
warranties, Plaintiffs purchased and used, as aforesaid, the PRODUCTS that directly and
proximately caused each Plaintiff to develop ovarian cancer; Plaintiffs were caused to incur
medical bills, lost wages, and conscious pain and suffering.
WHEREFORE, Plaintiff prays for judgment against all Defendants, each of them, in a fair
and reasonable sum in excess of $25,000.00, together with costs expended herein and such further
and other relief as the Court deems just and appropriate.
COUNT EIGHT – NEGLIGENT MISREPRESENTATION
(All Defendants)
116. Plaintiffs incorporate by reference each of the preceding paragraphs as if fully set
forth herein.
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117. Defendants had a duty to accurately and truthfully represent to the medical and
healthcare community, Plaintiffs and the public, that the PRODUCTS had been tested and found
to be safe and effective for use in the perineal area. The representations made by Defendants, in
fact, were false.
118. Defendants failed to exercise ordinary care in the representations concerning the
PRODUCTS while they were involved in their manufacture, sale, testing, quality assurance,
quality control, and distribution in interstate commerce, because Defendants negligently
misrepresented the PRODUCTS’ high risk of unreasonable, dangerous, adverse side effects.
119. Defendants breached their duty in representing that the PRODUCTS have no
serious side effects.
120. As a foreseeable, direct and proximate result of the negligent misrepresentation of
Defendants as set forth herein, Defendants knew, and had reason to know, that the PRODUCTS
had been insufficiently tested, or had not been tested at all, and that they lacked adequate and
accurate warnings, and that it created a high risk, and/or higher than acceptable risk, and/or
higher than reported and represented risk, of adverse side effects.
121. As a proximate result of Defendants’ conduct, Plaintiffs have been injured and
sustained severe and permanent pain, suffering, disability, impairment, loss of enjoyment of life,
loss of care and comfort, and economic damages.
WHEREFORE, Plaintiffs demand judgment against Defendants, and each of them,
individually, jointly, severally and in the alternative, requests compensatory damages, punitive
damages, together with interest, costs of suit, attorneys’ fees, and such further relief as the Court
deems equitable and just.
COUNT NINE – FRAUD
(Johnson & Johnson Defendants)
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58
122. Plaintiffs incorporate by reference every other paragraph of this Third Amended
Petition as if each were set forth fully and completely herein.
123. At all relevant times, the Johnson & Johnson Defendants intentionally, willfully,
and/or recklessly, with the intent to deceive, misrepresented and/or concealed material facts to
consumers and users, including Plaintiffs.
124. At all relevant times, the Johnson & Johnson Defendants misrepresented and/or
concealed material facts concerning the PRODUCTS to consumers, including the Plaintiffs, with
knowledge of the falsity of their misrepresentations.
125. At all relevant times, upon information and belief, the misrepresentations and
concealments concerning the PRODUCTS made by the Johnson & Johnson Defendants include,
but are not limited to the following:
a. The Johnson & Johnson Defendants falsely labeled and advertised the
PRODUCTS in the following ways, among others: “For you, use every
day to help feel soft, fresh, and comfortable,” “a sprinkle a day keeps the
odor away,” “your body perspires in more places than just under your
arms,” “Use SHOWER to SHOWER to feel dry, fresh, and comfortable
throughout the day,” and “SHOWER to SHOWER can be used all over
your body.”
b. The Johnson & Johnson Defendants falsely advertised the PRODUCT
SHOWER to SHOWER to be applied “all over,” and in particular, urges
women to use it to “Soothe Your Skin: Sprinkle on problem areas to
soothe skin that has been irritated from friction. Apply after a bikini wax
to help reduce irritation and discomfort.”
c. The Johnson & Johnson Defendants, through the advertisements described
above, knowingly misrepresented to Plaintiff and the public that the
PRODUCTS were safe for use all over the body, including the perineal
areas of women.
d. The Johnson & Johnson Defendants intentionally failed to disclose that
talc and the associated PRODUCTS, when used in the perineal area,
increase the risk of ovarian cancer.
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59
e. The Johnson & Johnson Defendants intentionally failed to include
adequate warnings with the PRODUCTS regarding the potential and
actual risks of using the PRODUCTS in the perineal area on women and
the nature, scope, severity, and duration of any serious injuries resulting
therefrom.2
f. Despite knowing about the carcinogenic nature of talc and its likelihood to
increase the risk of ovarian cancer in women, the Johnson & Johnson
Defendants falsely marketed, advertised, labeled and sold the PRODUCTS
as safe for public consumption and usage, including for use by women to
powder their perineal areas.
126. At all relevant times, the Johnson & Johnson Defendants actively, knowingly, and
intentionally concealed and misrepresented these material facts to the consuming public with the
intent to deceive the public and Plaintiffs, and with the intent that the consumers would purchase
and use the PRODUCTS in the female perineal area.
127. At all relevant times, the consuming public, including Plaintiffs, would not
otherwise have purchased the PRODUCTS and/or applied the PRODUCTS in the perineal area if
they had been informed of the risks associated with the use of the PRODUCTS in the perineal
area.
128. At all relevant times, Plaintiffs relied on the Johnson & Johnson Defendants’
misrepresentations concerning the safety of the PRODUCTS when purchasing the PRODUCTS
and using them in her perineal area, and her reliance was reasonable and justified.
129. As a direct, foreseeable and proximate result of the Johnson & Johnson
Defendants’ fraudulent conduct, Plaintiffs purchased and used the PRODUCTS in their perineal
2 Household Products Database, Label for Johnson’s Baby Powder, Original,
"e.The Johnson & Johnson Defendants intentionallyfailed to include adequate warnings with the PRODUCTS regarding the potential and actual risks of using the PRODUCTSin the perineal area on women and the nature, scope, severity, and duration of any serious injuries resultingtherefrom.2f.Despite knowing about the carcinogenic nature of talc and its likelihood to increase the risk of ovarian cancer in women, theJohnson & Johnson Defendants falsely marketed, advertised, labeled and sold the PRODUCTSas safefor public consumption and usage,including for use by women to powder their perineal areas. 126.At all relevant times, the Johnson & Johnson Defendants actively, knowingly, and intentionally concealed and misrepresented thesematerial facts to the consuming public with theintent to deceive the public and Plaintiffs, and with the intent that the consumers would purchaseand use the PRODUCTS in the female perineal area.127.At all relevant times, the consuming public, including Plaintiffs, would nototherwise have purchased the PRODUCTS and/or applied the PRODUCTS in the perineal area if they had been informed of the risks associated with the use of the PRODUCTS in the perineal area.128.At all relevant times, Plaintiffs relied on the Johnson & Johnson Defendants’ misrepresentations concerning the safety of the PRODUCTS when purchasing the PRODUCTSand using them in her perineal area, and her reliance was reasonable and justified.129.As a direct, foreseeable and proximate result of the Johnson & Johnson Defendants’ fraudulent conduct, Plaintiffs purchased and used the PRODUCTS in their perineal 2HouseholdProducts Database,Label forJohnson’sBabyPowder,Original,http://householdproducts.nlm.nih.gov/cgi-bin/household/brands?tbl=brands&id=10001040Electronically Filed - City of St. Louis - February 10, 2017 - 03:30 PM59"
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areas. As a direct and proximate result of such use, each Plaintiff developed ovarian cancer, and
Plaintiffs were caused to incur medical bills, lost wages, and conscious pain and suffering.
WHEREFORE, Plaintiffs pray for judgment against all Defendants, jointly and severely,
in a fair and reasonable sum in excess of $25,000.00, together with costs expended herein and
such further and other relief as the Court deems just and appropriate.
COUNT TEN – WRONGFUL DEATH
(All Defendants)
130. Plaintiffs incorporate by reference every other paragraph of this Third Amended
Petition as if each were set forth fully and completely herein.
131. As a direct and proximate result of the acts and/or omissions of Defendants as set
forth herein, the Decedents named in this action used the PRODUCTS in their perineal areas.
Subsequent to such use, Decedents developed ovarian cancer, suffered substantial pain and
suffering, both physical and emotional in nature, and subsequently died.
132. Plaintiffs, on behalf of themselves and all of the next of kin of Decedents, are
entitled to recover damages as Decedents would have if they were living, as a result of acts
and/or omissions of Defendants.
133. Plaintiffs, on behalf of themselves and all of Decedents’ next of kin are also
entitled to recover punitive damages and damages for substantial pain and suffering caused to
Decedents from the acts and/or omissions of Defendants as fully set forth herein, including
without limitations, punitive damages.
134. As a direct and proximate result of Defendants’ conduct, Plaintiffs and Decedents
have been injured and sustained severe and permanent pain, suffering, disability, impairment,
loss of enjoyment of life, loss of care and comfort, and economic damages.
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"COUNT TEN–WRONGFUL DEATH(All Defendants)130.Plaintiffs incorporate byreference every other paragraph of this Third AmendedPetitionas if each were set forth fullyand completely herein.131.As a direct and proximate result of the acts and/or omissions of Defendants as set forth herein, theDecedents named in this action used the PRODUCTS in their perineal areas. Subsequent to such use, Decedents developed ovarian cancer, suffered substantial pain and suffering, both physical and emotional in nature, and subsequently died. 132.Plaintiffs, on behalf of themselves and all of the next of kin of Decedents, areentitled to recover damages as Decedents would have if they were living, as a result of actsand/or omissions of Defendants.133.Plaintiffs, on behalf of themselves and all of Decedents’ next of kin are also entitled to recover punitive damages and damages for substantial pain and suffering caused to Decedents from the acts and/or omissions of Defendants as fully set forth herein, includingwithout limitations, punitive damages.134.As a direct and proximate result of Defendants’ conduct, Plaintiffs and Decedents have been injured and sustained severe and permanent pain, suffering, disability, impairment,loss of enjoyment of life, loss of careand comfort, and economic damages. Electronically Filed - City of St. Louis - February 10, 2017 - 03:30 PM60"
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WHEREFORE, Plaintiffs demand judgment against Defendants, individually, jointly,
severally, and in the alternative, requests compensatory damages, punitive damages, together
with interest, costs of suit, attorneys’ fees, and such further relief as the Court deems equitable
and just.
COUNT ELEVEN – PUNITIVE DAMAGES
(All Defendants)
135. Plaintiffs incorporate by reference every other paragraph of this Third Amended
Petition as if each were set forth fully and completely herein.
136. The Defendants have acted willfully, wantonly, maliciously, with an evil motive,
and recklessly in one or more of the following ways:
a. Defendants knew of the unreasonably high risk of ovarian cancer posed by
the PRODUCTS before manufacturing, marketing, distributing and/or
selling the PRODUCTS, yet purposefully proceeded with such action;
b. Despite their knowledge of the high risk of ovarian cancer associated with
the PRODUCTS, Defendants affirmatively minimized this risk through
marketing and promotional efforts and product labeling;
c. Through the actions outlined above, Defendants expressed a reckless
indifference to the safety of users of the PRODUCTS, including Plaintiffs.
Defendants knew of the dangers and risks of the PRODUCTS, yet they
concealed and/or omitted this information from labels and warnings
contained on the PRODUCTS in furtherance of their conspiracy and
concerted action. These actions were outrageous because of Defendants’
evil motive or a reckless indifference to the safety of users of the
PRODUCTS.
137. As a direct and proximate result of the willful, wanton, malicious, evilly
motivated and/or reckless conduct of the Defendants, the Plaintiffs have sustained damages as set
forth above.
WHEREFORE, Plaintiffs pray for a judgment for punitive damages against all
Defendants, jointly and severally, in a fair and reasonable amount sufficient to punish
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Defendants and deter them and others from engaging in similar conduct in the future, costs
expended herein, and such further and other relief as the Court deems just and appropriate.
COUNT TWELVE – DAMAGES
(Against All Defendants)
138. Plaintiffs incorporate by reference every other paragraph of this Third Amended
Petition as if each were set forth fully and completely herein.
139. Defendants knew of the dangerous condition of the PRODUCTS, including that
they posed a danger to their consumers, including Plaintiffs, but chose not to include any
warnings or information regarding the dangerous condition of the PRODUCTS.
140. Defendants showed complete indifference to or conscious disregard of the safety
of Plaintiffs by their conduct described herein. Defendants knew or should have known failure to
include a warning for the PRODUCTS would result in women using the PRODUCTS in their
perineal areas and subsequently developing ovarian cancer.
141. Plaintiffs are entitled to exemplary damages to punish Defendants and to deter
Defendants and others in similar situations from like conduct.
WHEREFORE, Plaintiffs pray for judgment against Defendants for exemplary damages
for the aggravating circumstances of decedents, to punish Defendants, and to deter Defendants
and others from like conduct, and such other and further relief as this Court deems just, proper,
and equitable.
TOLLING STATUTE OF LIMITATIONS
142. Plaintiffs incorporate by reference all preceding paragraphs as if fully set forth
herein.
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[Old text]: " could cause problems.142." [New text]: " would result in women using the PRODUCTS in their perineal areas and subsequently developing ovarian cancer. 141."The following text attributes were changed: font
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"144.Upon information and belief, Defendant Personal CareProducts Councilf/k/aCosmetic, Toiletries, and FragranceCouncilknowinglyand willfullyaidedandabettedthe fraudulent marketingand sales described herein."
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143. Plaintiffs have suffered an illness that has a latency period and does not arise until
many years after exposure. Plaintiffs’ illnesses did not distinctly manifest themselves until they
were made aware that their ovarian cancer could be caused by their use of the Defendants’
products. Consequently, the discovery rule applies to these cases, and the statute of limitations
has been tolled until the day that Plaintiffs knew or had reason to know that their ovarian cancer
was linked to their use of the Defendants’ products.
144. Furthermore, the running of any statute of limitations has been equitably tolled by
reason of Defendants’ fraudulent concealment and conduct. Through their affirmative
misrepresentations and omissions, Defendants actively concealed from Plaintiffs the true risks
associated with PRODUCTS.
145. As a result of Defendants’ actions, Plaintiffs were unaware, and could not
reasonably know or have learned through reasonable diligence, that Plaintiffs had been exposed
to the risks alleged herein and that those risks were the direct and proximate result of
Defendants’ acts and omissions.
146. Furthermore, Defendants are estopped from relying on any statute of limitations
because of their concealment of the truth regarding the safety of PRODUCTS. Defendants were
under a duty to disclose the true character, quality and nature of PRODUCTS because this was
non-public information over which they continue to have exclusive control. Defendants knew
that this information was not available to Plaintiffs, their medical providers and/or their health
facilities, yet they failed to disclose the information to the public.
147. Defendants had the ability to and did spend enormous amounts of money in
furtherance of their purposes of marketing and promoting a profitable product, notwithstanding
the known or reasonably knowable risks. Plaintiffs and medical professionals could not have
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"145.Defendant PCPCaidedandabettedthis fraudulent scheme byprovidingsubstantial assistanceto Defendants, Imerys andJohnson &Johnson. This substantial assistanceincluded,among other things, the “Facts” section of this pleadingand the facts set forth in Paragraph 125.146.Without Defendant PCPC’s substantial assistance, involvement and participation;the fraudulent scheme would not have been possible.147.Plaintiffssuffered serious injuryand pecuniarylosses as aproximate resultoftheaidingandabettingof Defendant PCPC, includingbut not limited to thelossof the Plaintiffs’life.WHEREFORE, Plaintiffsprayfor judgment against all Defendants, each of them, in afair and reasonable sum in excess of $25,000.00, togetherwith costsexpended herein and such further and other relief as the Court deems just and appropriate. COUNTELEVEN–NEGLIGENT MISREPRESENTATION(AllDefendants)148.Plaintiffs realleges each and everyallegation of this Complaintas if each wereset forth fullyand completelyherein.149.Defendants had adutyto accuratelyand truthfullyrepresent to the medical andhealthcarecommunity, Plaintiffs and the public, that the PRODUCTShad been tested and foundto besafeand effectivefor usein the perineal area. Therepresentations madebyDefendants, infact, were false.150.Defendants failed to exercise ordinarycareintherepresentations concerningthePRODUCTSwhile theywereinvolved in theirmanufacture, sale, testing, qualityassurance,qualitycontrol, and distribution in interstatecommerce, becauseDefendants negligentlymisrepresented the PRODUCTS’ high risk of unreasonable, dangerous, adverse side effects.Electronically Filed - City of St. Louis - July 31, 2014 - 02:43 PM59"
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"151.Defendants breached their dutyin representing that the PRODUCTShavenoseriousside effects.152.As aforeseeable, direct and proximate resultofthenegligent misrepresentation of Defendants as set forth herein, Defendants knew, and had reason to know, that the PRODUCTShad been insufficientlytested, or had not been tested at all, and that theylacked adequate andaccurate warnings, and that itcreated ahigh risk, and/or higher thanacceptable risk, and/or higher than reported and represented risk, of adverse side effects.153.As aproximate resultofDefendants’ conduct,"
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"been injured andsustained severeand permanent pain, suffering, disability, impairment, lossof enjoyment of life,loss of careand comfort, and economic damages.WHEREFORE, Plaintiffs demand judgment against Defendants, and each of them, individually,jointly, severallyand in thealternative, requestscompensatorydamages,punitive damages, togetherwith interest, costsof suit, attorneys’ fees, and such further relief asthe Court deems equitable and just.TOLLINGSTATUTEOF LIMITATIONS154.Plaintiffrealleges each and everyallegation of this Complaintas if each weresetforth fully herein. 155.Plaintiffs have"
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afforded to and could not have possibly conducted studies to determine the nature, extent and
identity of related health risks, and they were forced to rely on Defendants’ representations.
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"/s/W. WylieBlairJames G. Onder, #38049W. Wylie Blair, #58196Stephanie L. Rados, #65117110 E. Lockwood, 2ndFloor"
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BEASLEY, ALLEN, CROW,
METHVIN, PORTIS & MILES, P.C.
218 Commerce Street
Post Office Box 4160
Montgomery, Alabama 36103
Telephone: (334) 269-2343
Facsimile: (334) 954-7555
Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
I hereby certify that on February 10, 2017 a true copy of the foregoing instrument was
served by means of the Notice of Electronic Filing on all parties of record in this case.
/s/ W. Wylie Blair
W. Wylie Blair
Attorney for Plaintiffs
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IN THE CIRCUIT COURT OF THE CITY OF ST. LOUIS
STATE OF MISSOURI
VALERIE SWANN,
and
SHERYL ALLEN,
and
BRENDA JEAN BARTLEY,
and
MARGARITA BECERRA,
and
JOYCE BENHAM,
and
Cause Number
Division:
MARILYN BENTLEY,
and
SHELIA PERRO BOOKER,
and
SUZANNE BRADIGAN,
and
CLAUDINE BRUNSON,
and
CAROLYN BURRUS,
and
LISA MARIE BUTLER,
and
JURY TRIAL DEMANDED
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1422-CC09326
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"10"
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"MICHAEL BLAES, Individually and on behalf ofSHAWN BLAES, deceased,and"
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6
ERON EVANS,
and
FRANCES LANGE,
and
DEBORAH L. SMITH,
and
PATRICK MAHARG, as Representative of the Estate
of DENISE MAHARG, deceased,
and
SAMANTHA WELLS,
and
WALTER CUNNINGHAM, as Administrator of the
Estate of MILDRED CUNNINGHAM, deceased,
Plaintiffs,
v.
JOHNSON & JOHNSON
Serve: Steven M. Rosenberg
Registered Agent
One Johnson & Johnson Plaza
New Brunswick, NJ 08933
and
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JOHNSON & JOHNSON CONSUMER
COMPANIES, INC.
Serve: Person in Charge
One Johnson & Johnson Plaza
New Brunswick, NJ 08933
and
IMERYS TALC AMERICA, INC. F/K/A LUZENAC
AMERICA, INC.
Serve: CSC-Lawyers Incorporating Service
Company
Registered Agent
221 Bolivar
Jefferson City, MO 65101
and
PERSONAL CARE PRODUCTS COUNCIL F/K/A
COSMETIC, TOILETRY, AND FRAGRANCE
ASSOCIATION (CTFA)
Serve: Registered Agent
Personal Care Products Council
1620 L Street, N.W., Suite 1200
Washington, DC 20036
Defendants.
PETITION
COME NOW Plaintiffs, by and through their undersigned counsel, and for their cause of
action against Defendants Johnson & Johnson; Johnson & Johnson Consumer Companies, Inc.;
Imerys Talc America, Inc., f/k/a Luzenac America, Inc.; Personal Care Products Council f/k/a
Cosmetic, Toiletry, and Fragrance Association (CTFA), alleging the following upon information
and belief (including investigation made by and through Plaintiffs’ counsel), except those
allegations that pertain to Plaintiffs, which are based on personal knowledge:
INTRODUCTION
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"andSAVANNA CREWS,Individually and as Administrator of the Estate of ANGELA DAWN HERSHMAN, deceased,andHUE TU MCNABB,andDIONNE ROCKHOLD,andYUDMILA SANCHEZ,andCHRISTINE TODD,andTRACY WHITE,Plaintiffs,v."
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[Old text]: " JOHNSON CONSUMER COMPANIES, INC.Serve:Person in ChargeOne Johnson & Johnson PlazaNew Brunswick, NJ 08933andIMERYS TALC AMERICA, INC. F/K/A LUZENAC AMERICA, INC.Serve:CSC-Lawyers Incorporating ServiceCompanyRegistered Agent221 BolivarJefferson City, MO 65101andPERSONAL CARE PRODUCTS COUNCIL F/K/A COSMETIC, TOILETRY, AND FRAGRANCE ASSOCIATION (CTFA)Serve:Registered AgentPersonal Care Products Council1620 L Street, N.W., Suite 1200Washington, DC 20036" [New text]: " JOHNSON, et al.,"The following text attributes were changed: font
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8
1. Plaintiffs bring this cause of action against Defendants pursuant to Rule 52.05(a)
of the Missouri Rules of Civil Procedure, as their claims arise out of the same series of transactions
and occurrences, and their claims involve common questions of law and/or fact. All claims in this
action are a direct and proximate result of Defendants’ and/or their corporate predecessors
negligent, willful, and wrongful conduct in connection with the design, development, manufacture,
testing, packaging, promoting, marketing, distribution, labeling, and/or sale of the products known
as Johnson & Johnson Baby Powder and Shower to Shower (hereinafter “the PRODUCTS”). All
Plaintiffs in this action seek recovery for damages as a result of developing ovarian cancer, which
was directly and proximately caused by such wrongful conduct by Defendants, the unreasonably
dangerous and defective nature of talcum powder, and the attendant effects of developing ovarian
cancer. All of the claims in this action involve common legal and medical issues.
PARTIES
2. Plaintiff Valerie Swann is a citizen of the City of St. Louis, State of Missouri. At
all pertinent times, including from approximately January 1980 to January 2012, Plaintiff Valerie
Swann purchased and applied talcum powder in the State of Missouri. In or around January
2012, Plaintiff Valerie Swann was diagnosed with ovarian cancer, which developed in the State
of Missouri. Plaintiff Valerie Swann developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum
powder. As a direct and proximate result of these injuries, Plaintiff Valerie Swann has incurred
and will incur medical expenses in the future, has endured and will endure pain and suffering and
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[Old text]: " State" [New text]: "time of her prematuredeath on October31,2014. Theprematuredeath"The following text attributes were changed: font
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[Old text]: "Missouri.PlaintiffValerie Swanndeveloped" [New text]: "talcum powder and subsequent"The following text attributes were changed: font
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[Old text]: "cancer, and suffered effects attendant thereto, as" [New text]: "cancer diagnosis. As"The following text attributes were changed: font
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[Old text]: "proximate result" [New text]: "pursuant to §537.080 of the Missouri Revised Statutes, which is commonlyknown as the Missouri “Wrongful Death Act,” Plaintiff, on behalf of the class"The following text attributes were changed: font
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[Old text]: "these injuries, PlaintiffValerie Swannhas incurred and will incur medical expenses in" [New text]: "persons entitled to recover under"The following text attributes were changed: font
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[Old text]: " future, has endured and will endurepain and suffering and" [New text]: "Wrongful Death Act, seeks damages for decedent’s loss of futureearnings,"The following text attributes were changed: font
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9
loss of enjoyment of life, and Plaintiff Valerie Swann has otherwise been damaged in a personal
and pecuniary nature.
3. Plaintiff Sheryl Allen is a citizen of the City of Montgomery, State of Texas. At
all pertinent times, including from approximately April 1962 to May 2013, Plaintiff Sheryl Allen
purchased and applied talcum powder in the State of Texas In or around May 2013, Plaintiff
Sheryl Allen was diagnosed with ovarian cancer, which developed in the State of Texas. Plaintiff
Sheryl Allen developed ovarian cancer, and suffered effects attendant thereto, as a direct and
proximate result of the unreasonably dangerous and defective nature of talcum powder and
Defendants’ wrongful and negligent conduct in the research, development, testing, manufacture,
production, promotion, distribution, marketing, and sale of talcum powder. As a direct and
proximate result of these injuries, Plaintiff Sheryl Allen has incurred and will incur medical
expenses in the future, has endured and will endure pain and suffering and loss of enjoyment of
life, and Plaintiff Sheryl Allen has otherwise been damaged in a personal and pecuniary nature.
4. Plaintiff Brenda Jean Bartley is a citizen of the City of Brooksville, State of Florida.
At all pertinent times, including from approximately January 1943 to September 2011, Plaintiff
Brenda Jean Bartley purchased and applied talcum powder in the States of Virginia, Maryland and
Florida. In or around September 2011, Plaintiff Brenda Jean Bartley was diagnosed with ovarian
cancer, which developed in the State of Florida. Plaintiff Brenda Jean Bartley developed ovarian
cancer, and suffered effects attendant thereto, as a direct and proximate result of the unreasonably
dangerous and defective nature of talcum powder and Defendants’ wrongful and negligent conduct
in the research, development, testing, manufacture, production, promotion, distribution,
marketing, and sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff
Brenda Jean Bartley has incurred and will incur medical expenses in the future, has endured and
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10
will endure pain and suffering and loss of enjoyment of life, and Plaintiff Brenda Jean Bartley has
otherwise been damaged in a personal and pecuniary nature.
5. Plaintiff Margarita Becerra is a citizen of the City of Corona, State of California.
At all pertinent times, including from approximately January 1973 to January 2008, Plaintiff
Margarita Becerra purchased and applied talcum powder in the State of California. In or around
August 2013, Plaintiff Margarita Becerra was diagnosed with ovarian cancer, which developed in
the State of California. Plaintiff Margarita Becerra developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Margarita Becerra has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Margarita Becerra has otherwise been
damaged in a personal and pecuniary nature.
6. Plaintiff Joyce Benham is a citizen of the City of Des Moines, State of Iowa. At all
pertinent times, including from approximately May 1945 to December 2007, Plaintiff Joyce
Benham purchased and applied talcum powder in the State of Iowa. In or around August 2013,
Plaintiff Joyce Benham was diagnosed with ovarian cancer, which developed in the State of Iowa.
Plaintiff Joyce Benham developed ovarian cancer, and suffered effects attendant thereto, as a direct
and proximate result of the unreasonably dangerous and defective nature of talcum powder and
Defendants’ wrongful and negligent conduct in the research, development, testing, manufacture,
production, promotion, distribution, marketing, and sale of talcum powder. As a direct and
proximate result of these injuries, Plaintiff Joyce Benham has incurred and will incur medical
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expenses in the future, has endured and will endure pain and suffering and loss of enjoyment of
life, and Plaintiff Joyce Benham has otherwise been damaged in a personal and pecuniary nature.
7. Plaintiff Marilyn Bentley is a citizen of the City of Airmont, State of New York.
At all pertinent times, including from approximately January 1957 to November 2011, Plaintiff
Marilyn Bentley purchased and applied talcum powder in the State of New York. In or around
November 2011, Plaintiff Marilyn Bentley was diagnosed with ovarian cancer, which developed
in the State of New York. Plaintiff Marilyn Bentley developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Marilyn Bentley has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Marilyn Bentley has otherwise been damaged
in a personal and pecuniary nature.
8. Plaintiff Shelia Perro Booker is a citizen of the City of Franklin, State of Louisiana.
At all pertinent times, including from approximately January 1998 to November 2013, Plaintiff
Shelia Perro Booker purchased and applied talcum powder in the State of Louisiana. In or around
November 2013, Plaintiff Shelia Perro Booker was diagnosed with ovarian cancer, which
developed in the State of Louisiana. Plaintiff Shelia Perro Booker developed ovarian cancer, and
suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous
and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Shelia Perro
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[Old text]: "11" [New text]: "10"The following text attributes were changed: font
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Booker has incurred and will incur medical expenses in the future, has endured and will endure
pain and suffering and loss of enjoyment of life, and Plaintiff Shelia Perro Booker has otherwise
been damaged in a personal and pecuniary nature.
9. Plaintiff Suzanne Bradigan is a citizen of the City of Hoffman Estates, State of
Illinois. At all pertinent times, including from approximately May 1979 to September 2013,
Plaintiff Suzanne Bradigan purchased and applied talcum powder in the State of Illinois. In or
around September 2013, Plaintiff Suzanne Bradigan was diagnosed with ovarian cancer, which
developed in the State of Illinois. Plaintiff Suzanne Bradigan developed ovarian cancer, and
suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous
and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Suzanne
Bradigan has incurred and will incur medical expenses in the future, has endured and will endure
pain and suffering and loss of enjoyment of life, and Plaintiff Suzanne Bradigan has otherwise
been damaged in a personal and pecuniary nature.
10. Plaintiff Claudine Brunson is a citizen of the City of Great Falls, State of South
Carolina. At all pertinent times, including from approximately January 1964 to November 2012,
Plaintiff Claudine Brunson purchased and applied talcum powder in the State of South Carolina.
In or around November 2012, Plaintiff Claudine Brunson was diagnosed with ovarian cancer,
which developed in the State of South Carolina. Plaintiff Claudine Brunson developed ovarian
cancer, and suffered effects attendant thereto, as a direct and proximate result of the unreasonably
dangerous and defective nature of talcum powder and Defendants’ wrongful and negligent conduct
in the research, development, testing, manufacture, production, promotion, distribution,
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marketing, and sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff
Claudine Brunson has incurred and will incur medical expenses in the future, has endured and will
endure pain and suffering and loss of enjoyment of life, and Plaintiff Claudine Brunson has
otherwise been damaged in a personal and pecuniary nature.
11. Plaintiff Carolyn Burrus is a citizen of the City of Logansport, State of Louisiana.
At all pertinent times, including from approximately August 1978 to April 2014, Plaintiff Carolyn
Burrus purchased and applied talcum powder in the States of Louisiana and Kentucky. In or
around April 2014, Plaintiff Carolyn Burrus was diagnosed with ovarian cancer, which developed
in the State of Louisiana. Plaintiff Carolyn Burrus developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Carolyn Burrus has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Carolyn Burrus has otherwise been damaged
in a personal and pecuniary nature.
12. Plaintiff Lisa Marie Butler is a citizen of the City of Marienville, State of
Pennsylvania. At all pertinent times, including from approximately August 1991 to October 2012,
Plaintiff Lisa Marie Butler purchased and applied talcum powder in the State of Pennsylvania. In
or around October 2012, Plaintiff Lisa Marie Butler was diagnosed with ovarian cancer, which
developed in the State of Pennsylvania. Plaintiff Lisa Marie Butler developed ovarian cancer, and
suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous
and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
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research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Lisa Marie
Butler has incurred and will incur medical expenses in the future, has endured and will endure pain
and suffering and loss of enjoyment of life, and Plaintiff Lisa Marie Butler has otherwise been
damaged in a personal and pecuniary nature.
13. Plaintiff Margie Carson is a citizen of the City of Williamson, State of Georgia. At
all pertinent times, including from approximately February 2002 to June 2009, Plaintiff Margie
Carson purchased and applied talcum powder in the State of Georgia. In or around June 2009,
Plaintiff Margie Carson was diagnosed with ovarian cancer, which developed in the State of
Georgia. Plaintiff Margie Carson developed ovarian cancer, and suffered effects attendant thereto,
as a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Margie Carson has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Margie Carson has otherwise been damaged in a personal and
pecuniary nature.
14. Plaintiff Millicent Carter is a citizen of the City of Memphis, State of Tennessee.
At all pertinent times, including from approximately June 1997 to March 2010, Plaintiff Millicent
Carter purchased and applied talcum powder in the State of Tennessee. In or around March 2010,
Plaintiff Millicent Carter was diagnosed with ovarian cancer, which developed in the State of
Tennessee. Plaintiff Millicent Carter developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
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talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Plaintiff Millicent Carter has incurred and will
incur medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Millicent Carter has otherwise been damaged in a personal and
pecuniary nature.
15. Plaintiff Cynthia Collins is a citizen of the City of Asheville, State of North
Carolina. At all pertinent times, including from approximately January 1987 to January 2012,
Plaintiff Cynthia Collins purchased and applied talcum powder in the State of South Carolina. In
or around August 2012, Plaintiff Cynthia Collins was diagnosed with ovarian cancer, which
developed in the State of South Carolina. Plaintiff Cynthia Collins developed ovarian cancer, and
suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous
and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Cynthia Collins
has incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Cynthia Collins has otherwise been damaged
in a personal and pecuniary nature.
16. Plaintiff Patricia Craig is a citizen of the City of Mobile, State of Alabama. At all
pertinent times, including from approximately June 1955 to November 2013, Plaintiff Patricia
Craig purchased and applied talcum powder in the State of Alabama. In or around November
2013, Plaintiff Patricia Craig was diagnosed with ovarian cancer, which developed in the State of
Alabama. Plaintiff Patricia Craig developed ovarian cancer, and suffered effects attendant thereto,
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as a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Patricia Craig has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Patricia Craig has otherwise been damaged in a personal and
pecuniary nature.
17. Plaintiff Nora Daniels is a citizen of the City of Columbia, State of Tennessee. At
all pertinent times, including from approximately July 1978 to May 2013, Plaintiff Nora Daniels
purchased and applied talcum powder in the State of Tennessee. In or around May 2013, Plaintiff
Nora Daniels was diagnosed with ovarian cancer, which developed in the State of Tennessee.
Plaintiff Nora Daniels developed ovarian cancer, and suffered effects attendant thereto, as a direct
and proximate result of the unreasonably dangerous and defective nature of talcum powder and
Defendants’ wrongful and negligent conduct in the research, development, testing, manufacture,
production, promotion, distribution, marketing, and sale of talcum powder. As a direct and
proximate result of these injuries, Plaintiff Nora Daniels has incurred and will incur medical
expenses in the future, has endured and will endure pain and suffering and loss of enjoyment of
life, and Plaintiff Nora Daniels has otherwise been damaged in a personal and pecuniary nature.
18. Plaintiff Evelyn Davis is a citizen of the City of Salisbury, State of Maryland. At
all pertinent times, including from approximately February 2009 to November 2011, Plaintiff
Evelyn Davis purchased and applied talcum powder in the State of Maryland. In or around
November 2011, Plaintiff Evelyn Davis was diagnosed with ovarian cancer, which developed in
the State of Maryland. Plaintiff Evelyn Davis developed ovarian cancer, and suffered effects
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attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Evelyn Davis has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Evelyn Davis has otherwise been damaged in
a personal and pecuniary nature.
19. Plaintiff Martha Decker is a citizen of the City of Paris, State of Michigan. At all
pertinent times, including from approximately January 1964 to January 1990, Plaintiff Martha
Decker purchased and applied talcum powder in the States of Illinois, North Dakota, California,
Washington, Texas and Oklahoma. In or around August 2012, Plaintiff Martha Decker was
diagnosed with ovarian cancer, which developed in the State of Michigan. Plaintiff Martha Decker
developed ovarian cancer, and suffered effects attendant thereto, as a direct and proximate result
of the unreasonably dangerous and defective nature of talcum powder and Defendants’ wrongful
and negligent conduct in the research, development, testing, manufacture, production, promotion,
distribution, marketing, and sale of talcum powder. As a direct and proximate result of these
injuries, Plaintiff Martha Decker has incurred and will incur medical expenses in the future, has
endured and will endure pain and suffering and loss of enjoyment of life, and Plaintiff Martha
Decker has otherwise been damaged in a personal and pecuniary nature.
20. Plaintiff Evelyn Durrwachter is a citizen of the City of Louisa, State of Virginia.
At all pertinent times, including from approximately January 1957 to November 2013, Plaintiff
Evelyn Durrwachter purchased and applied talcum powder in the States of Pennsylvania and
Virginia. In or around November 2013, Plaintiff Evelyn Durrwachter was diagnosed with ovarian
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cancer, which developed in the State of Virginia. Plaintiff Evelyn Durrwachter developed ovarian
cancer, and suffered effects attendant thereto, as a direct and proximate result of the unreasonably
dangerous and defective nature of talcum powder and Defendants’ wrongful and negligent conduct
in the research, development, testing, manufacture, production, promotion, distribution,
marketing, and sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff
Evelyn Durrwachter has incurred and will incur medical expenses in the future, has endured and
will endure pain and suffering and loss of enjoyment of life, and Plaintiff Evelyn Durrwachter has
otherwise been damaged in a personal and pecuniary nature.
21. Plaintiff Michelle Elise Ellis is a citizen of the City of Arroyo Grande, State of
California. At all pertinent times, including from approximately January 1980 to January 2008,
Plaintiff Michelle Elise Ellis purchased and applied talcum powder in the State of California. In
or around July 2013, Plaintiff Michelle Elise Ellis was diagnosed with ovarian cancer, which
developed in the State of California. Plaintiff Michelle Elise Ellis developed ovarian cancer, and
suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous
and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Michelle Elise
Ellis has incurred and will incur medical expenses in the future, has endured and will endure pain
and suffering and loss of enjoyment of life, and Plaintiff Michelle Elise Ellis has otherwise been
damaged in a personal and pecuniary nature.
22. Plaintiff Carmen Green-Newman is a citizen of the City of Lancaster, State of
California. At all pertinent times, including from approximately October 1973 to November 2012,
Plaintiff Carmen Green-Newman purchased and applied talcum powder in the State of California.
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In or around November 2012, Plaintiff Carmen Green-Newman was diagnosed with ovarian
cancer, which developed in the State of California. Plaintiff Carmen Green-Newman developed
ovarian cancer, and suffered effects attendant thereto, as a direct and proximate result of the
unreasonably dangerous and defective nature of talcum powder and Defendants’ wrongful and
negligent conduct in the research, development, testing, manufacture, production, promotion,
distribution, marketing, and sale of talcum powder. As a direct and proximate result of these
injuries, Plaintiff Carmen Green-Newman has incurred and will incur medical expenses in the
future, has endured and will endure pain and suffering and loss of enjoyment of life, and Plaintiff
Carmen Green-Newman has otherwise been damaged in a personal and pecuniary nature.
23. Plaintiff Betty Gullard is a citizen of the City of Danube, State of Minnesota. At
all pertinent times, including from approximately September 1975 to July 2004, Plaintiff Betty
Gullard purchased and applied talcum powder in the States of Arkansas, Minnesota and Missouri.
In or around June 2009, Plaintiff Betty Gullard was diagnosed with ovarian cancer, which
developed in the State of Minnesota. Plaintiff Betty Gullard developed ovarian cancer, and
suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous
and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Betty Gullard
has incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Betty Gullard has otherwise been damaged in
a personal and pecuniary nature.
24. Plaintiff Michele Lea Hardy is a citizen of the City of Leipsic, State of Ohio. At
all pertinent times, including from approximately January 2001 to May 2013, Plaintiff Michele
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Lea Hardy purchased and applied talcum powder in the State of Ohio. In or around May 2013,
Plaintiff Michele Lea Hardy was diagnosed with ovarian cancer, which developed in the State of
Ohio. Plaintiff Michele Lea Hardy developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Plaintiff Michele Lea Hardy has incurred and
will incur medical expenses in the future, has endured and will endure pain and suffering and loss
of enjoyment of life, and Plaintiff Michele Lea Hardy has otherwise been damaged in a personal
and pecuniary nature.
25. Plaintiff Kimberley Jackson is a citizen of the City of Chattanooga, State of
Tennessee. At all pertinent times, including from approximately January 1978 to December 2012,
Plaintiff Kimberley Jackson purchased and applied talcum powder in the States of Tennessee,
California, Florida, New Mexico, Indiana and Pennsylvania. In or around January 2012, Plaintiff
Kimberley Jackson was diagnosed with ovarian cancer, which developed in the State of Tennessee.
Plaintiff Kimberley Jackson developed ovarian cancer, and suffered effects attendant thereto, as a
direct and proximate result of the unreasonably dangerous and defective nature of talcum powder
and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Kimberley Jackson has incurred and will
incur medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Kimberley Jackson has otherwise been damaged in a personal and
pecuniary nature.
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26. Plaintiff Rosemarie Lafontaine is a citizen of the City of Waterbury, State of
Connecticut. At all pertinent times, including from approximately January 1985 to June 2012,
Plaintiff Rosemarie Lafontaine purchased and applied talcum powder in the State of Connecticut.
In or around June 2012, Plaintiff Rosemarie Lafontaine was diagnosed with ovarian cancer, which
developed in the State of Connecticut. Plaintiff Rosemarie Lafontaine developed ovarian cancer,
and suffered effects attendant thereto, as a direct and proximate result of the unreasonably
dangerous and defective nature of talcum powder and Defendants’ wrongful and negligent conduct
in the research, development, testing, manufacture, production, promotion, distribution,
marketing, and sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff
Rosemarie Lafontaine has incurred and will incur medical expenses in the future, has endured and
will endure pain and suffering and loss of enjoyment of life, and Plaintiff Rosemarie Lafontaine
has otherwise been damaged in a personal and pecuniary nature.
27. Plaintiff Donna Faye Lane is a citizen of the City of Cleveland, State of Tennessee.
At all pertinent times, including from approximately May 1996 to July 2012, Plaintiff Donna Faye
Lane purchased and applied talcum powder in the State of Tennessee. In or around August 2012,
Plaintiff Donna Faye Lane was diagnosed with ovarian cancer, which developed in the State of
Tennessee. Plaintiff Donna Faye Lane developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Donna Faye Lane has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
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enjoyment of life, and Plaintiff Donna Faye Lane has otherwise been damaged in a personal and
pecuniary nature.
28. Plaintiff Towan Leonard is a citizen of the City of Mobile, State of Alabama. At
all pertinent times, including from approximately January 1960 to January 2013, Plaintiff Towan
Leonard purchased and applied talcum powder in the States of Alabama and Michigan. In or
around September 2013, Plaintiff Towan Leonard was diagnosed with ovarian cancer, which
developed in the State of Alabama. Plaintiff Towan Leonard developed ovarian cancer, and
suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous
and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Towan Leonard
has incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Towan Leonard has otherwise been damaged
in a personal and pecuniary nature.
29. Plaintiff Beverly Lingo is a citizen of the City of Fort Smith, State of Arkansas. At
all pertinent times, including from approximately January 1983 to April 2012, Plaintiff Beverly
Lingo purchased and applied talcum powder in the State of Arkansas. In or around April 2012,
Plaintiff Beverly Lingo was diagnosed with ovarian cancer, which developed in the State of
Arkansas. Plaintiff Beverly Lingo developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Plaintiff Beverly Lingo has incurred and will
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incur medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Beverly Lingo has otherwise been damaged in a personal and
pecuniary nature.
30. Plaintiff Vertenia Linicomn is a citizen of the City of Houston, State of Texas. At
all pertinent times, including from approximately July 1979 to April 2010, Plaintiff Vertenia
Linicomn purchased and applied talcum powder in the State of Texas. In or around August 2013,
Plaintiff Vertenia Linicomn was diagnosed with ovarian cancer, which developed in the State of
Texas. Plaintiff Vertenia Linicomn developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Plaintiff Vertenia Linicomn has incurred and
will incur medical expenses in the future, has endured and will endure pain and suffering and loss
of enjoyment of life, and Plaintiff Vertenia Linicomn has otherwise been damaged in a personal
and pecuniary nature.
31. Plaintiff Glenda Long is a citizen of the City of Dalton, State of Georgia. At all
pertinent times, including from approximately November 1948 to March 2013, Plaintiff Glenda
Long purchased and applied talcum powder in the State of Georgia. In or around March 2013,
Plaintiff Glenda Long was diagnosed with ovarian cancer, which developed in the State of
Georgia. Plaintiff Glenda Long developed ovarian cancer, and suffered effects attendant thereto,
as a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
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[Old text]: "July1979" [New text]: "January1977"The following text attributes were changed: font
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direct and proximate result of these injuries, Plaintiff Glenda Long has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Glenda Long has otherwise been damaged in a personal and
pecuniary nature.
32. Plaintiff Dimity Lowell is a citizen of the City of Iola, State of Kansas. At all
pertinent times, including from approximately January 1970 to December 2009, Plaintiff Dimity
Lowell purchased and applied talcum powder in the States of Kansas, California, New Jersey, New
York and Massachusetts. In or around December 2009, Plaintiff Dimity Lowell was diagnosed
with ovarian cancer, which developed in the State of Kansas. Plaintiff Dimity Lowell developed
ovarian cancer, and suffered effects attendant thereto, as a direct and proximate result of the
unreasonably dangerous and defective nature of talcum powder and Defendants’ wrongful and
negligent conduct in the research, development, testing, manufacture, production, promotion,
distribution, marketing, and sale of talcum powder. As a direct and proximate result of these
injuries, Plaintiff Dimity Lowell has incurred and will incur medical expenses in the future, has
endured and will endure pain and suffering and loss of enjoyment of life, and Plaintiff Dimity
Lowell has otherwise been damaged in a personal and pecuniary nature.
33. Plaintiff Sandra Matthews is a citizen of the City of Jersey City, State of New
Jersey. At all pertinent times, including from approximately January 1991 to October 2012,
Plaintiff Sandra Matthews purchased and applied talcum powder in the State of New Jersey. In or
around October 2012, Plaintiff Sandra Matthews was diagnosed with ovarian cancer, which
developed in the State of New Jersey. Plaintiff Sandra Matthews developed ovarian cancer, and
suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous
and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
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[Old text]: "DimityLowell" [New text]: " Michelle Payne"The following text attributes were changed: font
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[Old text]: "SandraMatthews" [New text]: "BurnettaRogers"The following text attributes were changed: font
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"Electronically Filed - City of St. Louis - February 10, 2017 - 03:30 PM23"
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"Electronically Filed - City of St. Louis - July 31, 2014 - 02:43 PM24"
25
research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Sandra
Matthews has incurred and will incur medical expenses in the future, has endured and will endure
pain and suffering and loss of enjoyment of life, and Plaintiff Sandra Matthews has otherwise been
damaged in a personal and pecuniary nature.
34. Plaintiff Bridgett Latrice Maxwell is a citizen of the City of Memphis, State of
Tennessee. At all pertinent times, including from approximately January 1990 to September 2013,
Plaintiff Bridgett Latrice Maxwell purchased and applied talcum powder in the State of Tennessee.
In or around September 2013, Plaintiff Bridgett Latrice Maxwell was diagnosed with ovarian
cancer, which developed in the State of Tennessee. Plaintiff Bridgett Latrice Maxwell developed
ovarian cancer, and suffered effects attendant thereto, as a direct and proximate result of the
unreasonably dangerous and defective nature of talcum powder and Defendants’ wrongful and
negligent conduct in the research, development, testing, manufacture, production, promotion,
distribution, marketing, and sale of talcum powder. As a direct and proximate result of these
injuries, Plaintiff Bridgett Latrice Maxwell has incurred and will incur medical expenses in the
future, has endured and will endure pain and suffering and loss of enjoyment of life, and Plaintiff
Bridgett Latrice Maxwell has otherwise been damaged in a personal and pecuniary nature.
35. Plaintiff Rebecca Meeks is a citizen of the City of Bastrop, State of Louisiana. At
all pertinent times, including from approximately January 1961 to September 2011, Plaintiff
Rebecca Meeks purchased and applied talcum powder in the State of Louisiana. In or around
September 2011, Plaintiff Rebecca Meeks was diagnosed with ovarian cancer, which developed
in the State of Louisiana. Plaintiff Rebecca Meeks developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
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[Old text]: "SandraMatthews" [New text]: "BurnettaRogers"The following text attributes were changed: font
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"Plaintiff Steven Salpeter,an adult whoseprincipal placeof residenceis in the Cityof Freeport, Stateof New York, brings this action individuallyand in his capacityas representativeof the Estateof Susan Widen-Salpeter. PlaintiffSteven Salpeter is pursuingthis actiondueto thewrongfullycaused prematuredeath ofhis wife,Susan Widen-Salpeter,on behalf the EstateofSusan Widen-Salpeter and allwrongful death beneficiaries/statutorydistributees ofSusan Widen-Salpeter. Thepremature death of SusanWiden-Salpeter was the direct and proximate resultof herapplication of talcumpowder and subsequent ovarian cancer diagnosis. Asadirect and proximateresultof the unreasonablydangerous and defective natureof talcum powder and Defendants’wrongful and negligent conduct in the research, development, testing, manufacture, production, promotion, distribution, marketing,andsaleof talcum powder, and pursuant to New York Est.Powers &TrustsLaw §§ 11-3-.1, et seq. and New York Est. Powers &Trusts Law§§ 5-4.1, et seq.,"
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[Old text]: "BridgettLatriceMaxwell" [New text]: "seeks damagesfordecedent’s lossoffutureearnings, lossofdecedent’s valueto herestate, painand suffering endured bydecedentprior to prematuredeath, medical, funeral and burialexpenses, loss of services and support, and other damages as allowed by law.35.PlaintiffSusan Schnelle"The following text attributes were changed: font
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[Old text]: "1990" [New text]: "1995"The following text attributes were changed: font
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[Old text]: "BridgettLatriceMaxwell" [New text]: "SusanElectronically Filed - City of St. Louis - February 10, 2017 - 03:30 PM24"The following text attributes were changed: font
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"Schnelle"
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[Old text]: "BridgettLatriceMaxwell" [New text]: "Susan Schnelle"The following text attributes were changed: font
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[Old text]: " BridgettLatrice Maxwell" [New text]: "Susan Schnelle"The following text attributes were changed: font
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[Old text]: "BridgettLatrice Maxwell" [New text]: "Susan Schnelle"The following text attributes were changed: font
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[Old text]: "35." [New text]: "36."The following text attributes were changed: font
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[Old text]: "RebeccaMeeks" [New text]: "Sharon Shelton"The following text attributes were changed: font
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"natureof talcum powderand Defendants’ wrongful and negligent conduct in the research,development, testing, manufacture, production, promotion, distribution,marketing, andsale of talcum powder. As adirect andproximate resultof theseinjuries, PlaintiffSharon Shelton has incurredand willincurmedical expenses in the future, has endured and willendurepain and sufferingand lossof enjoyment of life, and PlaintiffSharon Shelton has otherwisebeen damaged in apersonal andpecuniary nature."
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Rebecca Meeks has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Rebecca Meeks has otherwise been damaged
in a personal and pecuniary nature.
36. Plaintiff Yvette Mosley is a citizen of the City of Quitman, State of Georgia. At all
pertinent times, including from approximately January 1964 to September 2013, Plaintiff Yvette
Mosley purchased and applied talcum powder in the State of New Jersey. In or around September
2013, Plaintiff Yvette Mosley was diagnosed with ovarian cancer, which developed in the State of
Georgia. Plaintiff Yvette Mosley developed ovarian cancer, and suffered effects attendant thereto,
as a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Yvette Mosley has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Yvette Mosley has otherwise been damaged in a personal and
pecuniary nature.
37. Plaintiff Jessica Nolfi is a citizen of the City of Orlando, State of Florida. At all
pertinent times, including from approximately January 1969 to January 2000, Plaintiff Jessica
Nolfi purchased and applied talcum powder in the State of Florida. In or around November 2011,
Plaintiff Jessica Nolfi was diagnosed with ovarian cancer, which developed in the State of Florida.
Plaintiff Jessica Nolfi developed ovarian cancer, and suffered effects attendant thereto, as a direct
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"37.PlaintiffMarthaShoemaker is acitizen of the Cityof Leakey, Stateof Texas. Atallpertinent times, includingfrom approximatelyAugust 1968 to December 2012, PlaintiffMarthaShoemaker purchased and applied talcum powderin the Stateof Texas. In or aroundNovember2013, PlaintiffMarthaShoemaker was diagnosed with ovarian cancer, which developed in the Stateof Texas. PlaintiffMarthaShoemaker developed ovarian cancer, and suffered effects attendant thereto, as adirect and proximate resultof the unreasonablydangerous and defective"
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"of Electronically Filed - City"
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"St. Louis - February 10, 2017 - 03:30 PM26"
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[Old text]: "JessicaNolfi" [New text]: "Lois Slemp"The following text attributes were changed: font
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"Electronically Filed - City of St. Louis - July 31, 2014 - 02:43 PM26"
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and proximate result of the unreasonably dangerous and defective nature of talcum powder and
Defendants’ wrongful and negligent conduct in the research, development, testing, manufacture,
production, promotion, distribution, marketing, and sale of talcum powder. As a direct and
proximate result of these injuries, Plaintiff Jessica Nolfi has incurred and will incur medical
expenses in the future, has endured and will endure pain and suffering and loss of enjoyment of
life, and Plaintiff Jessica Nolfi has otherwise been damaged in a personal and pecuniary nature.
38. Plaintiff Patricia Nunley is a citizen of the City of Shreveport, State of Louisiana.
At all pertinent times, including from approximately January 1969 to October 2010, Plaintiff
Patricia Nunley purchased and applied talcum powder in the State of Louisiana. In or around
October 2010, Plaintiff Patricia Nunley was diagnosed with ovarian cancer, which developed in
the State of Louisiana. Plaintiff Patricia Nunley developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Patricia Nunley has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Patricia Nunley has otherwise been damaged
in a personal and pecuniary nature.
39. Plaintiff Ilan Ottavian is a citizen of the City of Monroeville, State of Pennsylvania.
At all pertinent times, including from approximately January 1977 to January 2005, Plaintiff Ilan
Ottavian purchased and applied talcum powder in the State of Pennsylvania. In or around January
2005, Plaintiff Ilan Ottavian was diagnosed with ovarian cancer, which developed in the State of
Pennsylvania. Plaintiff Ilan Ottavian developed ovarian cancer, and suffered effects attendant
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"of Electronically Filed - City"
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"St. Louis - February 10, 2017 - 03:30 PM27"
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thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Plaintiff Ilan Ottavian has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Ilan Ottavian has otherwise been damaged in a personal and
pecuniary nature.
40. Plaintiff Mary Elaine Payne is a citizen of the City of Madison, State of Tennessee.
At all pertinent times, including from approximately January 2000 to September 2013, Plaintiff
Mary Elaine Payne purchased and applied talcum powder in the State of Tennessee. In or around
September 2013, Plaintiff Mary Elaine Payne was diagnosed with ovarian cancer, which
developed in the State of Tennessee. Plaintiff Mary Elaine Payne developed ovarian cancer, and
suffered effects attendant thereto, as a direct and proximate result of the unreasonably dangerous
and defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Mary Elaine
Payne has incurred and will incur medical expenses in the future, has endured and will endure pain
and suffering and loss of enjoyment of life, and Plaintiff Mary Elaine Payne has otherwise been
damaged in a personal and pecuniary nature.
41. Plaintiff Michelle Payne is a citizen of the City of Savannah, State of Georgia. At
all pertinent times, including from approximately February 1969 to July 2012, Plaintiff Michelle
Payne purchased and applied talcum powder in the States of Pennsylvania and Tennessee. In or
around July 2012, Plaintiff Michelle Payne was diagnosed with ovarian cancer, which developed
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[Old text]: "MaryElaine Payne" [New text]: "BrendaJoyceWarren"The following text attributes were changed: font
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[Old text]: "MaryElaine Payne" [New text]: "BrendaJoyceWarren"The following text attributes were changed: font
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[Old text]: "MaryElaine Payne" [New text]: "BrendaJoyceWarren"The following text attributes were changed: font
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[Old text]: "MaryElaine Payne" [New text]: "BrendaJoyceWarren Electronically Filed - City of St. Louis - February 10, 2017 - 03:30 PM28"The following text attributes were changed: font
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in the State of Tennessee. Plaintiff Michelle Payne developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Michelle Payne has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Michelle Payne has otherwise been damaged
in a personal and pecuniary nature.
42. Plaintiff Burnetta Rogers is a citizen of the City of Birmingham, State of Alabama.
At all pertinent times, including from approximately January 1962 to October 2013, Plaintiff
Burnetta Rogers purchased and applied talcum powder in the State of Alabama. In or around
November 2013, Plaintiff Burnetta Rogers was diagnosed with ovarian cancer, which developed
in the State of Alabama. Plaintiff Burnetta Rogers developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Burnetta Rogers has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Burnetta Rogers has otherwise been damaged
in a personal and pecuniary nature.
43. Plaintiff Steven Salpeter, an adult whose principal place of residence is in the City
of Freeport, State of New York, brings this action individually and in his capacity as representative
of the Estate of Susan Widen-Salpeter. Plaintiff Steven Salpeter is pursuing this action due to the
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[Old text]: "in his capacityas representative" [New text]: "was the lawful spouse"The following text attributes were changed: font
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wrongfully caused premature death of his wife, Susan Widen-Salpeter, on behalf the Estate of
Susan Widen-Salpeter and all wrongful death beneficiaries/statutory distributees of Susan Widen-
Salpeter. The premature death of Susan Widen-Salpeter was the direct and proximate result of her
application of talcum powder and subsequent ovarian cancer diagnosis. As a direct and proximate
result of the unreasonably dangerous and defective nature of talcum powder and Defendants’
wrongful and negligent conduct in the research, development, testing, manufacture, production,
promotion, distribution, marketing, and sale of talcum powder, and pursuant to New York Est.
Powers & Trusts Law §§ 11-3-.1, et seq. and New York Est. Powers & Trusts Law §§ 5-4.1, et
seq., Plaintiff seeks damages for decedent’s loss of future earnings, loss of decedent’s value to her
estate, pain and suffering endured by decedent prior to premature death, medical, funeral and burial
expenses, loss of services and support, and other damages as allowed by law.
44. Plaintiff Susan Schnelle is a citizen of the City of Lawai, State of Hawaii. At all
pertinent times, including from approximately January 1995 to September 2013, Plaintiff Susan
Schnelle purchased and applied talcum powder in the States of Hawaii and California. In or around
September 2013, Plaintiff Susan Schnelle was diagnosed with ovarian cancer, which developed in
the State of Hawaii. Plaintiff Susan Schnelle developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Susan Schnelle has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Susan Schnelle has otherwise been damaged
in a personal and pecuniary nature.
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[Old text]: "cancer, whichdeveloped in the Stateof Hawaii. PlaintiffSusan Schnelledeveloped ovarian cancer, and suffered effectsattendant thereto, as" [New text]: "cancer diagnosis. As"The following text attributes were changed: font
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[Old text]: "powder. As adirect" [New text]: "powder, and pursuant to §71.002, et seq."The following text attributes were changed: font
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[Old text]: "proximate result" [New text]: "§71.021, et seq., Plaintiff, on behalf of the class"The following text attributes were changed: font
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[Old text]: "future,has enduredandwillendure" [New text]: "Wrongful Death Act, seeks damages for decedent’s lossof futureearnings, lossof decedent’s valueto herestate,"The following text attributes were changed: font
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[Old text]: "pecuniary nature. Electronically Filed - City of St. Louis - July 31, 2014 - 02:43 PM30" [New text]: "other damages as allowed by law.47."The following text attributes were changed: font
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45. Plaintiff Sharon Shelton is a citizen of the City of Kingston, State of Michigan. At
all pertinent times, including from approximately July 1968 to June 2012, Plaintiff Sharon Shelton
purchased and applied talcum powder in the State of Michigan. In or around June 2012, Plaintiff
Sharon Shelton was diagnosed with ovarian cancer, which developed in the State of Michigan.
Plaintiff Sharon Shelton developed ovarian cancer, and suffered effects attendant thereto, as a
direct and proximate result of the unreasonably dangerous and defective nature of talcum powder
and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Sharon Shelton has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Sharon Shelton has otherwise been damaged in a personal and
pecuniary nature.
46. Plaintiff Martha Shoemaker is a citizen of the City of Leakey, State of Texas. At
all pertinent times, including from approximately August 1968 to December 2012, Plaintiff Martha
Shoemaker purchased and applied talcum powder in the State of Texas. In or around November
2013, Plaintiff Martha Shoemaker was diagnosed with ovarian cancer, which developed in the
State of Texas. Plaintiff Martha Shoemaker developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Martha Shoemaker has
incurred and will incur medical expenses in the future, has endured and will endure pain and
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[Old text]: "MarthaShoemaker" [New text]: "Deborah L. Smith"The following text attributes were changed: font
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suffering and loss of enjoyment of life, and Plaintiff Martha Shoemaker has otherwise been
damaged in a personal and pecuniary nature.
47. Plaintiff Sarah Simpson is a citizen of the City of Beaver Dam, State of Kentucky.
At all pertinent times, including from approximately October 1965 to May 2013, Plaintiff Sarah
Simpson purchased and applied talcum powder in the State of Kentucky. In or around June 2013,
Plaintiff Sarah Simpson was diagnosed with ovarian cancer, which developed in the State of
Kentucky. Plaintiff Sarah Simpson developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum powder.
As a direct and proximate result of these injuries, Plaintiff Sarah Simpson has incurred and will
incur medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Sarah Simpson has otherwise been damaged in a personal and
pecuniary nature.
48. Plaintiff Lois Slemp is a citizen of the City of Wiles, State of Virginia. At all
pertinent times, including from approximately January 1970 to August 2012, Plaintiff Lois Slemp
purchased and applied talcum powder in the State of Virginia. In or around August 2012, Plaintiff
Lois Slemp was diagnosed with ovarian cancer, which developed in the State of Virginia. Plaintiff
Lois Slemp developed ovarian cancer, and suffered effects attendant thereto, as a direct and
proximate result of the unreasonably dangerous and defective nature of talcum powder and
Defendants’ wrongful and negligent conduct in the research, development, testing, manufacture,
production, promotion, distribution, marketing, and sale of talcum powder. As a direct and
proximate result of these injuries, Plaintiff Lois Slemp has incurred and will incur medical
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"of Pennsylvania. Hewas the lawful spouse of the decedent Denise Maharg, atthe time of her prematuredeath on August 9, 2012. PlaintiffPatrick Mahargbrings this action inhis capacityas TrusteeAd Litem on behalf"
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[Old text]: "Kentucky. PlaintiffSarah Simpson developed" [New text]: "talcumpowder and subsequent"The following text attributes were changed: font
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[Old text]: "proximateresult" [New text]: "pursuantto Penn.Code§ 2202, et seq., Plaintiffseeks damages fordecedent’s lossof futureearnings, loss"The following text attributes were changed: font
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[Old text]: "theseinjuries, PlaintiffSarah Simpsonhas incurredand willincurmedical expenses in the future, has enduredand willendure" [New text]: "decedent’s value to herestate,"The following text attributes were changed: font
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"endured bydecedentprior to prematuredeath, medical, funeral"
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[Old text]: "PlaintiffSarahSimpson has otherwisebeen damagedin apersonal" [New text]: "support,"The following text attributes were changed: font
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[Old text]: "pecuniary nature. 48." [New text]: "other damages as allowed by law.50."The following text attributes were changed: font
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[Old text]: "Lois Slemp" [New text]: " Samantha Wells"The following text attributes were changed: font
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[Old text]: "January1970" [New text]: "1983"The following text attributes were changed: font
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expenses in the future, has endured and will endure pain and suffering and loss of enjoyment of
life, and Plaintiff Lois Slemp has otherwise been damaged in a personal and pecuniary nature.
49. Plaintiff Chrystal Supple is a citizen of the City of Elyria, State of Ohio. At all
pertinent times, including from approximately January 1971 to January 2013, Plaintiff Chrystal
Supple purchased and applied talcum powder in the State of Ohio. In or around September 2013,
Plaintiff Chrystal Supple was diagnosed with ovarian cancer, which developed in the State of Ohio.
Plaintiff Chrystal Supple developed ovarian cancer, and suffered effects attendant thereto, as a
direct and proximate result of the unreasonably dangerous and defective nature of talcum powder
and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Chrystal Supple has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Chrystal Supple has otherwise been damaged in a personal and
pecuniary nature.
50. Plaintiff Lenora Townsen is a citizen of the City of Savannah, State of Georgia. At
all pertinent times, including from approximately January 1970 to June 2013, Plaintiff Lenora
Townsen purchased and applied talcum powder in the States of Illinois and Georgia. In or around
June 2013, Plaintiff Lenora Townsen was diagnosed with ovarian cancer, which developed in the
State of Georgia. Plaintiff Lenora Townsen developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Lenora Townsen has
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[Old text]: "49." [New text]: "51."The following text attributes were changed: font
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[Old text]: "Chrystal Supple" [New text]: "Walter Cunningham,"The following text attributes were changed: font
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[Old text]: "Ohio.At allpertinent times, includingfrom approximatelyJanuary1971 to January2013, PlaintiffChrystal Supple purchased" [New text]: "Alabama, brings this action individually"The following text attributes were changed: font
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[Old text]: "Ohio. In or around September 2013," [New text]: "Mildred Cunningham."The following text attributes were changed: font
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[Old text]: "Chrystal Supple" [New text]: "Walter Cunningham is pursuingthis action due to the wrongfully caused premature death of his wife, Mildred Cunningham, on behalfof himself and that decedent’s estate. Theprematuredeath of Mildred Cunningham"The following text attributes were changed: font
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"diagnosed with ovarian cancer, which developed in"
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[Old text]: "State" [New text]: "direct and proximate resultof her application"The following text attributes were changed: font
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[Old text]: "Ohio. PlaintiffChrystal Suppledeveloped" [New text]: "talcum powder and subsequent"The following text attributes were changed: font
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[Old text]: "cancer, andsufferedeffects attendant thereto, as" [New text]: "cancerdiagnosis. As"The following text attributes were changed: font
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[Old text]: "powder. As adirect" [New text]: "powder,"The following text attributes were changed: font
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[Old text]: "proximate resultof theseinjuries," [New text]: "pursuant to Ala. Code§6-5-410, et seq.,"The following text attributes were changed: font
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[Old text]: "Chrystal Supple has incurredandwillincurmedical expenses in the future, has endured and willendurepain and sufferingand" [New text]: "seeks damages fordecedent’s"The following text attributes were changed: font
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[Old text]: "enjoyment" [New text]: "futureearnings, loss"The following text attributes were changed: font
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[Old text]: "life," [New text]: "decedent’s value to her estate,"The following text attributes were changed: font
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"other damages as allowed by law.52."
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[Old text]: "Chrystal Supple has otherwisebeen damaged in apersonal and pecuniary nature. 50.PlaintiffLenoraTownsen" [New text]: "KellyAllen"The following text attributes were changed: font
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[Old text]: "Savannah," [New text]: "Grantsville,"The following text attributes were changed: font
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[Old text]: "June2013," [New text]: "August 2014,"The following text attributes were changed: font
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[Old text]: " Illinois and Georgia." [New text]: "West Virginia."The following text attributes were changed: font
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incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Lenora Townsen has otherwise been damaged
in a personal and pecuniary nature.
51. Plaintiff Brenda Joyce Warren is a citizen of the City of Orlando, State of Florida.
At all pertinent times, including from approximately January 1987 to July 2011, Plaintiff Brenda
Joyce Warren purchased and applied talcum powder in the State of Florida. In or around July
2011, Plaintiff Brenda Joyce Warren was diagnosed with ovarian cancer, which developed in the
State of Florida. Plaintiff Brenda Joyce Warren developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Brenda Joyce Warren
has incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Brenda Joyce Warren has otherwise been
damaged in a personal and pecuniary nature.
52. Plaintiff Laverne Williams is a citizen of the City of Lincoln, State of Nebraska.
At all pertinent times, including from approximately January 1985 to January 2010, Plaintiff
Laverne Williams purchased and applied talcum powder in the State of Tennessee. In or around
October 2013, Plaintiff Laverne Williams was diagnosed with ovarian cancer, which developed in
the State of Tennessee. Plaintiff Laverne Williams developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
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[Old text]: "51." [New text]: "Atallpertinent times, PlaintiffKellyAllen applied talcum powder inthe Stateof West Virginia.53."The following text attributes were changed: font
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talcum powder. As a direct and proximate result of these injuries, Plaintiff Laverne Williams has
incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Laverne Williams has otherwise been
damaged in a personal and pecuniary nature.
53. Plaintiff Floye Zimmerman is a citizen of the City of Perryville, State of Arkansas.
At all pertinent times, including from approximately October 1948 to January 2012, Plaintiff Floye
Zimmerman purchased and applied talcum powder in the States of Arkansas, Georgia, New
Mexico, Oklahoma and Illinois. In or around January 2012, Plaintiff Floye Zimmerman was
diagnosed with ovarian cancer, which developed in the State of Arkansas. Plaintiff Floye
Zimmerman developed ovarian cancer, and suffered effects attendant thereto, as a direct and
proximate result of the unreasonably dangerous and defective nature of talcum powder and
Defendants’ wrongful and negligent conduct in the research, development, testing, manufacture,
production, promotion, distribution, marketing, and sale of talcum powder. As a direct and
proximate result of these injuries, Plaintiff Floye Zimmerman has incurred and will incur medical
expenses in the future, has endured and will endure pain and suffering and loss of enjoyment of
life, and Plaintiff Floye Zimmerman has otherwise been damaged in a personal and pecuniary
nature.
54. Plaintiff Willie Mae English is a citizen of the City of Mobile, State of Alabama.
At all pertinent times, including from approximately January 1971 to August 2012, Plaintiff Willie
Mae English purchased and applied talcum powder in the State of Alabama. In or around August
2012, Plaintiff Willie Mae English was diagnosed with ovarian cancer, which developed in the
State of Alabama. Plaintiff Willie Mae English developed ovarian cancer, and suffered effects
attendant thereto, as a direct and proximate result of the unreasonably dangerous and defective
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nature of talcum powder and Defendants’ wrongful and negligent conduct in the research,
development, testing, manufacture, production, promotion, distribution, marketing, and sale of
talcum powder. As a direct and proximate result of these injuries, Plaintiff Willie Mae English
has incurred and will incur medical expenses in the future, has endured and will endure pain and
suffering and loss of enjoyment of life, and Plaintiff Willie Mae English has otherwise been
damaged in a personal and pecuniary nature.
55. Plaintiff Dennis Zierenberg, an adult whose principal place of residence is in the
City of Mount Vernon, State of Illinois. He was the lawful spouse of the decedent Connie Sue
Zierenberg, at the time of her premature death on August 1, 2011. The premature death of Connie
Sue Zierenberg was the direct and proximate result of her application of talcum powder and
subsequent ovarian cancer diagnosis. As a direct and proximate result of the unreasonably
dangerous and defective nature of talcum powder and Defendants’ wrongful and negligent conduct
in the research, development, testing, manufacture, production, promotion, distribution,
marketing, and sale of talcum powder, and pursuant to §537.080 of the Missouri Revised Statutes,
which is commonly known as the Missouri “Wrongful Death Act,” Plaintiff, on behalf of the class
of persons entitled to recover under the Wrongful Death Act, seeks damages for decedent’s loss of
future earnings, loss of decedent’s value to her estate, pain and suffering endured by decedent prior
to premature death, medical, funeral and burial expenses, loss of services and support, and other
damages as allowed by law.
56. Plaintiff Sylvia White is a citizen of the City of Tucson, State of Arizona. At all
pertinent times, including from approximately January 1996 to September 2012, Plaintiff Sylvia
White purchased and applied talcum powder in the State of Arizona. In or around September
2012, Plaintiff Sylvia White was diagnosed with ovarian cancer, which developed in the State of
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[Old text]: "55." [New text]: " At allpertinent times, PlaintiffPamela Hennigan applied talcum powderin theState of Louisiana.57."The following text attributes were changed: font
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[Old text]: "Illinois. Hewas" [New text]: "Virginia, brings this action individuallyand in her capacityas Administrator of"The following text attributes were changed: font
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[Old text]: "§537.080 of the MissouriRevised Statutes, which is commonlyknown as the Missouri “Wrongful Death Act,”Plaintiff, on behalf of the class of persons entitled torecover under theWrongful Death Act," [New text]: "§§8.0150, et seq., and §§8.01-25, et seq.,Plaintiff"The following text attributes were changed: font
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Arizona. Plaintiff Sylvia White developed ovarian cancer, and suffered effects attendant thereto,
as a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Sylvia White has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Sylvia White has otherwise been damaged in a personal and
pecuniary nature. At all pertinent times, Plaintiff Sylvia White applied talcum powder in the State
of Arizona.
57. Plaintiff Nicky Battaglia Sr., an adult whose principal place of residence is in the
City of Victorville, State of California, and was the lawful spouse of the decedent Lois Battaglia,
at the time of her premature death on October 10, 2012. Plaintiff Nicky Battaglia Sr. brings this
action individually, and as Representative of the Estate of Lois Battaglia, deceased. The premature
death of Lois Battaglia was the direct and proximate result of her application of talcum powder
and subsequent ovarian cancer diagnosis. As a direct and proximate result of the unreasonably
dangerous and defective nature of talcum powder and Defendants’ wrongful and negligent conduct
in the research, development, testing, manufacture, production, promotion, distribution,
marketing, and sale of talcum powder, and pursuant to Cal. Code Civ. Proc. § 377.30 and Cal.
Code Civil Proc. §§ 377.60 et seq., Plaintiff seeks damages for decedent’s loss of future earnings,
loss of decedent’s value to her estate, pain and suffering endured by decedent prior to premature
death, medical, funeral and burial expenses, loss of services and support, and other damages as
allowed by law.
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"57.PlaintiffNickyBattagliaSr.,an adultwhoseprincipal placeof residenceisin theCityof Victorville, Stateof California, and was the lawful spouse of the decedent Lois Battaglia, at the time ofherprematuredeath on October10,2012. PlaintiffNickyBattagliaSr.brings this action individually, and as Representative of the Estateof Lois Battaglia, deceased.Theprematuredeath of Lois Battagliawas the direct and proximateresultof her application of talcum powder and subsequent ovarian cancer diagnosis. As adirect and proximate resultof the unreasonablydangerous and defectivenatureof talcum powder and Defendants’ wrongful and negligent conductin the research, development, testing, manufacture, production, promotion, distribution,marketing, and sale of talcum powder, and pursuant to Cal. CodeCiv.Proc. § 377.30 and Cal.Code Civil Proc. §§ 377.60et seq., Plaintiff seeks damages for decedent’s loss of future earnings,lossof decedent’svalueto her estate, pain andsuffering endured bydecedent priortoprematuredeath, medical, funeral and burial expenses, lossof services and support, and otherdamages asallowed by law."
58. Plaintiff Eron Evans is a citizen of the City of Baytown, State of Texas. At all
pertinent times, including from approximately 1974 to 2012, Plaintiff Eron Evans purchased and
applied talcum powder in the State of Texas. In or around December 24, 2012, Plaintiff Eron Evans
was diagnosed with ovarian cancer, which developed in the State of Texas. Plaintiff Eron Evans
developed ovarian cancer, and suffered effects attendant thereto, as a direct and proximate result
of the unreasonably dangerous and defective nature of talcum powder and Defendants’ wrongful
and negligent conduct in the research, development, testing, manufacture, production, promotion,
distribution, marketing, and sale of talcum powder. As a direct and proximate result of these
injuries, Plaintiff Eron Evans has incurred and will incur medical expenses in the future, has
endured and will endure pain and suffering and loss of enjoyment of life, and Plaintiff Eron Evans
has otherwise been damaged in a personal and pecuniary nature.
59. Plaintiff Frances Lange is a citizen of the City of Morristown, State of
Minnesota. At all pertinent times, including from approximately 1979 to present, Plaintiff Frances
Lange purchased and applied talcum powder in the State of Minnesota. In or around September
2008, Plaintiff Frances Lange was diagnosed with ovarian cancer, which developed in the State of
Minnesota. Plaintiff Frances Lange developed ovarian cancer, and suffered effects attendant
thereto, as a direct and proximate result of the unreasonably dangerous and defective nature of
talcum powder and Defendants’ wrongful and negligent conduct in the research, development,
testing, manufacture, production, promotion, distribution, marketing, and sale of talcum
powder. As a direct and proximate result of these injuries, Plaintiff Frances Lange has incurred
and will incur medical expenses in the future, has endured and will endure pain and suffering and
loss of enjoyment of life, and Plaintiff Frances Lange has otherwise been damaged in a personal
and pecuniary nature.
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60. Plaintiff Deborah L. Smith is a citizen of the City of Brooklyn, State of Maryland.
At all pertinent times, including from approximately January 1976 to January 1998, Plaintiff
Deborah L. Smith purchased and applied talcum powder in the State of Maryland. In or around
November 2011, Plaintiff Deborah L. Smith was diagnosed with ovarian cancer, which developed
in the State of Maryland. Plaintiff Deborah L. Smith developed ovarian cancer, and suffered
effects attendant thereto, as a direct and proximate result of the unreasonably dangerous and
defective nature of talcum powder and Defendants’ wrongful and negligent conduct in the
research, development, testing, manufacture, production, promotion, distribution, marketing, and
sale of talcum powder. As a direct and proximate result of these injuries, Plaintiff Deborah L.
Smith has incurred and will incur medical expenses in the future, has endured and will endure pain
and suffering and loss of enjoyment of life, and Plaintiff Deborah L. Smith has otherwise been
damaged in a personal and pecuniary nature.
61. Plaintiff Patrick Maharg is an adult whose principal place of residence is in the City
of Manassas, State of Pennsylvania. He was the lawful spouse of the decedent Denise Maharg, at
the time of her premature death on August 9, 2012. Plaintiff Patrick Maharg brings this action in
his capacity as Trustee Ad Litem on behalf of all persons entitled to share in the damages. The
premature death of Denise Maharg was the direct and proximate result of her application of talcum
powder and subsequent ovarian cancer diagnosis. As a direct and proximate result of the
unreasonably dangerous and defective nature of talcum powder and Defendants’ wrongful and
negligent conduct in the research, development, testing, manufacture, production, promotion,
distribution, marketing, and sale of talcum powder, and pursuant to Penn. Code § 2202, et seq.,
Plaintiff seeks damages for decedent’s loss of future earnings, loss of decedent’s value to her
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[Old text]: "Patrick Mahargis an adultwhoseprincipal placeof residenceis in the Cityof Manassas,Stateof Pennsylvania. Hewas the lawful spouse of the decedent Denise Maharg, atthe time of her prematuredeath on August 9, 2012. PlaintiffPatrick Mahargbrings this action inhis capacityasTrusteeAd Litem on behalf ofallpersons entitled to sharein the damages.Theprematuredeath of DeniseMahargwasthe direct and proximate resultof herapplication of talcumpowder and subsequent ovarian cancer diagnosis. As adirect and proximate resultof theunreasonablydangerous and defectivenatureof" [New text]: "ChristineTodd applied"The following text attributes were changed: font
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[Old text]: "pursuantto Penn.Code§ 2202, et seq., Plaintiffseeks damages fordecedent’s lossof futureearnings, lossof decedent’s value to herElectronically Filed - City of St. Louis - July 31, 2014 - 02:43 PM39" [New text]: "Michigan."The following text attributes were changed: font
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estate, pain and suffering endured by decedent prior to premature death, medical, funeral and burial
expenses, loss of services and support, and other damages as allowed by law.
62. Plaintiff Samantha Wells is a citizen of the City of Houston, State of Texas. At all
pertinent times, including from approximately 1983 to 2013, Plaintiff Samantha Wells purchased
and applied talcum powder in the State of Texas. In or around December 28, 2012, Plaintiff
Samantha Wells was diagnosed with ovarian cancer, which developed in the State of
Texas. Plaintiff Samantha Wells developed ovarian cancer, and suffered effects attendant thereto,
as a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder. As a
direct and proximate result of these injuries, Plaintiff Samantha Wells has incurred and will incur
medical expenses in the future, has endured and will endure pain and suffering and loss of
enjoyment of life, and Plaintiff Samantha Wells has otherwise been damaged in a personal and
pecuniary nature.
63. Plaintiff Walter Cunningham, is an adult whose principal place of residence is in
the City of Alabaster, State of Alabama, brings this action individually and in his capacity as
Administrator of the Estate of Mildred Cunningham. Plaintiff Walter Cunningham is pursuing this
action due to the wrongfully caused premature death of his wife, Mildred Cunningham, on behalf
of himself and that decedent’s estate. The premature death of Mildred Cunningham was the direct
and proximate result of her application of talcum powder and subsequent ovarian cancer diagnosis.
As a direct and proximate result of the unreasonably dangerous and defective nature of talcum
powder and Defendants’ wrongful and negligent conduct in the research, development, testing,
manufacture, production, promotion, distribution, marketing, and sale of talcum powder, and
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[Old text]: "Walter Cunningham, is an adultwhoseprincipal placeof residenceis in the Cityof Alabaster, State of Alabama, brings this action individuallyand in his capacityasAdministratorof the Estate of Mildred Cunningham. PlaintiffWalter Cunningham is pursuingthis action due to the wrongfully caused prematuredeath of his wife, Mildred Cunningham, on behalfof himself and that decedent’s estate. Theprematuredeath of Mildred Cunningham was the direct and proximate resultof her application oftalcum powder and subsequent ovarian cancerdiagnosis. As adirect andproximate resultof theunreasonablydangerous and defectivenatureof" [New text]: "TracyWhiteapplied"The following text attributes were changed: font
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pursuant to Ala. Code §6-5-410, et seq., Plaintiff seeks damages for decedent’s loss of future
earnings, loss of decedent’s value to her estate, and other damages as allowed by law.
64. The Defendant, Johnson & Johnson, is a New Jersey corporation with its principal
place of business in the State of New Jersey.
65. At all pertinent times, Johnson & Johnson was engaged in the business of
manufacturing, marketing, testing, promoting, selling, and/or distributing the PRODUCTS. At all
pertinent times, Johnson & Johnson regularly transacted, solicited, and conducted business in all
States of the United States, including the State of Missouri.
66. The Defendant, Johnson & Johnson Consumer Companies, Inc. is a New Jersey
corporation with its principal place of business in the State of New Jersey.
67. At all pertinent times, Johnson & Johnson Consumer Companies, Inc. was engaged
in the business of manufacturing, marketing, testing, promoting, selling, and/or distributing the
PRODUCTS. At all pertinent times, Johnson & Johnson regularly transacted, solicited, and
conducted business in all States of the United States, including the State of Missouri.
68. The Defendant, Imerys Talc America, Inc., f/k/a Luzenac America, Inc., is a
Delaware corporation with its principal place of business in the State of California.
69. At all pertinent times, Imerys Talc America, Inc., f/k/a Luzenac America, Inc., has
been in the business of mining and distributing talcum powder for use in talcum powder based
products, including the PRODUCTS. Imerys Talc is the successor or continuation of Luzenac
America, Inc., and Imerys Talc America, Inc. is legally responsible for all liabilities incurred when
it was known as Luzenac America, Inc.
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"Defendant Johnson & Johnson formulated, manufactured, marketed, tested, promoted, sold and distributed the PRODUCTS prior to Johnson & Johnson Consumer Companies, Inc. f/k/a Johnson & Johnson Consumer Companies, Inc. coming into existence.69.Defendant Johnson & Johnson formulates and coordinates theglobal strategyforthe “Johnson & Johnson Family of Companies,” including Johnson & Johnson Consumer Companies, Inc., and maintains central corporate policies requiring Johnson & Johnson Consumer Companies, Inc., to act under thegeneral guidance of Johnson & Johnson.70.Johnson& Johnson exercised an unusually high degree of control over Johnson &Johnson Consumer Companies, Inc., particularlywith the manufacturing, marketing, testing, promoting, selling, and/or distributing of the PRODUCTS.71.Johnson & Johnson maintains a reporting relationship with Johnson & Johnson Consumer Companies, Inc., that is not defined bya legal, corporate relationship, but in fact crosses that corporate line.72.Johnson & Johnson hereto directed Johnson & Johnson Consumer Companies, Inc., how it was to handle product safety communication between Johnson & Johnson Consumer Companies, Inc., and the scientific community and consumers at large as to the hazard thePRODUCTS pose to women with respect to development of ovarian cancer. 73.Johnson & Johnson also maintains a central global finance function that governs the entire Johnson & Johnson Family of Companies, to include Defendant Johnson & Johnson Consumer Companies, Inc., such that Johnson & Johnson Consumer Companies, Inc. does notfunction independently but under Johnson & Johnson’s umbrella.74."
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70. The Defendant, Personal Care Products Counsel (“PCPC”), f/k/a Cosmetic,
Toiletry, and Fragrance Association (“CTFA”), is a corporation organized under the laws of the
District of Columbia, with its principal place of business in the District of Columbia.
71. PCPC is the successor or continuation of CTFA and PCPC is legally responsible
for all liabilities incurred when it was known as CTFA.
72. At all pertinent times, all Defendants were engaged in the research, development,
manufacture, design, testing, sale and marketing of PRODUCTS, and introduced such products
into interstate commerce with knowledge and intent that such products be sold in the States of
Alabama, Arizona, Arkansas, California, Colorado, District of Columbia, Florida, Georgia,
Mississippi, Missouri, New Jersey, New York, North Carolina, Ohio, Oklahoma, Oregon,
Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Virginia, Washington and
Wisconsin.
VENUE
73. RSMo § 508.010, Missouri’s general venue statute provides:
Notwithstanding any other provision of law, in all actions in which there is any
count alleging a tort and in which the plaintiff was first injured in the state of
Missouri, venue shall be in the county where the plaintiff was first injured by the
wrongful acts or negligent conduct alleged in the action.
RSMo § 508.010.4
74. Plaintiff Valerie Swann was living in St. Louis City, where she first used the
PRODUCTS, and therefore was “first injured by the wrongful acts or negligent conduct alleged”
in this action. Therefore, venue is proper in the City of St. Louis pursuant to RSMo § 508.010.4.
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75. Venue is proper in this Court because Plaintiff Valerie Swann was first exposed in
the City of St. Louis, State of Missouri, as this is where, at all pertinent times, she purchased, used,
and was exposed to the Products at issue.
ALLEGATIONS COMMON TO ALL COUNTS
76. Talc is a magnesium trisilicate and is mined from the earth. Talc is an inorganic
mineral. The Defendant, Imerys Talc America, Inc., f/k/a Luzenac America, Inc., mined the talc
contained in the PRODUCTS.
77. Talc is the main substance in talcum powders. The Johnson & Johnson Defendants
manufactured the PRODUCTS. The PRODUCTS are composed almost entirely of talc.
78. At all pertinent times, a feasible alternative to the PRODUCTS has existed.
Cornstarch is an organic carbohydrate that is quickly broken down by the body with no known
health effects. Cornstarch powders have been sold and marketed for the same uses with nearly the
same effectiveness.
79. Imerys Talc1 has continually advertised and marketed talc as safe for human use.
80. Imerys Talc supplies customers with material safety data sheets for talc. These
material safety data sheets are supposed to convey adequate health and warning information to its
customers.
81. Historically, “Johnson’s Baby Powder” has been a symbol of freshness, cleanliness,
and purity. During the time in question, the Johnson & Johnson Defendants advertised and
marketed this product as the beacon of “freshness” and “comfort”, eliminating friction on the skin,
absorbing “excess wetness” helping keep skin feeling dry and comfortable, and “clinically proven
1 All allegations regarding actions taken by Imerys Talc also include actions taken while that entity was known as
Luzenac America, Inc.
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gentle and mild”. The Johnson & Johnson Defendants compelled women through advertisements
to dust themselves with this product to mask odors. The bottle of “Johnson’s Baby Powder”
specifically targets women by stating, “For you, use every day to help feel soft, fresh, and
comfortable.”
82. During the time in question, the Johnson & Johnson Defendants advertised and
marketed the product “Shower to Shower” as safe for use by women as evidenced in its slogan “A
sprinkle a day keeps odor away”, and through advertisements such as “Your body perspires in
more places than just under your arms. Use SHOWER to SHOWER to feel dry, fresh, and
comfortable throughout the day.” And “SHOWER to SHOWER can be used all over your body.”
83. The Plaintiffs used the PRODUCTS to dust their perineum for feminine hygiene
purposes. This was an intended and foreseeable use of the PRODUCTS based on the advertising,
marketing, and labeling of the PRODUCTS.
84. In 1971, the first study was conducted that suggested an association between talc
and ovarian cancer. This study was conducted by Dr. WJ Henderson and others in Cardiff, Wales.
85. In 1982, the first epidemiologic study was performed on talc powder use in the
female genital area. This study was conducted by Dr. Daniel Cramer and others. This study found
a 92% increased risk in ovarian cancer with women who reported genital talc use. Shortly after
this study was published, Dr. Bruce Semple of Johnson & Johnson came and visited Dr. Cramer
about his study. Dr. Cramer advised Dr. Semple that Johnson & Johnson should place a warning
on its talcum powders about the ovarian cancer risks so that women can make an informed decision
about their health.
86. Since 1982, there have been approximately twenty-two (22) additional
epidemiologic studies providing data regarding the association of talc and ovarian cancer. Nearly
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all of these studies have reported an elevated risk for ovarian cancer associated with genital talc
use in women.
87. In 1993, the United States National Toxicology Program published a study on the
toxicity of non-asbestiform talc and found clear evidence of carcinogenic activity. Talc was found
to be a carcinogen, with or without the presence of asbestos-like fibers.
88. In response to the United States National Toxicology Program’s study, the
Cosmetic Toiletry and Fragrance Association (CTFA) formed the Talc Interested Party Task Force
(TIPTF). Johnson & Johnson, Inc., Johnson & Johnson Consumer Companies, Inc. and Luzenac
were members of the CTFA and were the primary actors and contributors of the TIPTF. The stated
purpose of the TIPTF was to pool financial resources of these companies in an effort to collectively
defend talc use at all costs and to prevent regulation of any type over this industry. The TIPTF
hired scientists to perform biased research regarding the safety of talc, members of the TIPTF
edited scientific reports of the scientists hired by this group prior the submission of these scientific
reports to governmental agencies, members of the TIPTF knowingly released false information
about the safety of talc to the consuming public, and used political and economic influence on
regulatory bodies regarding talc. All of these activities have been well coordinated and planned
by these companies and organizations over the past four (4) decades in an effort to prevent
regulation of talc and to create confusion to the consuming public about the true hazards of talc
relative to ovarian cancer.
89. On November 10, 1994, the Cancer Prevention Coalition mailed a letter to then
Johnson & Johnson C.E.O, Ralph Larson, informing his company that studies as far back as 1960’s
“. . . show[ ] conclusively that the frequent use of talcum powder in the genital area pose[ ] a
serious health risk of ovarian cancer.” The letter cited a recent study by Dr. Bernard Harlow from
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Harvard Medical School confirming this fact and quoted a portion of the study where Dr. Harlow
and his colleagues discouraged the use of talc in the female genital area. The letter further stated
that 14,000 women per year die from ovarian cancer and that this type of cancer is very difficult
to detect and has a low survival rate. The letter concluded by requesting that Johnson & Johnson
withdraw talc products from the market because of the alternative of cornstarch powders, or at a
minimum, place warning information on its talc-based body powders about ovarian cancer risk
they pose.
90. In 1996, the condom industry stopped dusting condoms with talc due to the health
concerns of ovarian cancer.
91. In February of 2006, the International Association for the Research of Cancer
(IARC) part of the World Health Organization published a paper whereby they classified perineal
use of talc based body powder as a “Group 2B” human carcinogen. IARC which is universally
accepted as the international authority on cancer issues, concluded that studies from around the
world consistently found an increased risk of ovarian cancer in women from perineal use of talc.
IARC found that between 16-52% of women in the world were using talc to dust their perineum
and found an increased risk of ovarian cancer in women talc users ranging from 30-60%. IARC
concluded with this “Evaluation”: “There is limited evidence in humans for the carcinogenicity
of perineal use of talc-based body powder.” By definition “Limited evidence of carcinogenicity”
means “a positive association has been observed between exposure to the agent and cancer for
which a causal interpretation is considered by the Working Group to be credible, but chance, bias
or confounding could not be ruled out with reasonable confidence.”
92. In approximately 2006, the Canadian government under The Hazardous Products
Act and associated Controlled Products Regulations classified talc as a “D2A” , “very toxic”,
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“cancer causing” substance under its Workplace Hazardous Materials Information System
(WHMIS). Asbestos is also classified as “D2A”.
93. In 2006, Imerys Talc began placing a warning on its Material Safety Data Sheets
(MSDS) it provided to the Johnson & Johnson Defendants regarding the talc it sold to them to be
used in the PRODUCTS. These MSDSs not only provided the warning information about the
IARC classification but also included warning information regarding “States Rights to Know” and
warning information about the Canadian Government’s “D2A” classification of talc as well.
94. The Defendants had a duty to know and warn about the hazards associated with the
use of the PRODUCTS.
95. The Defendants failed to inform its customers and end users of the PRODUCTS of
a known catastrophic health hazard associated with the use of its products.
96. In addition, the Defendants procured and disseminated false, misleading, and
biased information regarding the safety of the PRODUCTS to the public and used influence over
governmental and regulatory bodies regarding talc.
97. As a direct and proximate result of the Defendants’ calculated and reprehensible
conduct, Plaintiffs were injured and suffered damages, namely ovarian cancer, which required
surgeries and treatments.
COUNT ONE – STRICT LIABILITY FOR FAILURE TO WARN
(Imerys Talc and Johnson & Johnson Defendants)
98. Plaintiffs incorporate by reference all other paragraphs of this Complaint as if fully
set forth herein.
99. At all pertinent times, Imerys Talc mined and sold talc to the Johnson & Johnson
Defendants, which it knew that Johnson & Johnson was then packaging and selling to consumers
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as the PRODUCTS and it knew that consumers of the PRODUCTS were using it to powder their
perineal regions.
100. At all pertinent times, Imerys Talc knew and/or should have known of the
unreasonably dangerous and carcinogenic nature of the talc it was selling to the Johnson & Johnson
Defendants, especially when used in a woman’s perineal regions, and it knew or should have
known that Johnson & Johnson was not warning its consumers of this danger.
101. At all pertinent times, the Johnson & Johnson Defendants were manufacturing,
marketing, testing, promoting, selling and/or distributing the PRODUCTS in the regular course of
business.
102. At all pertinent times, Plaintiffs used the PRODUCTS to powder their perineal area,
which is a reasonably foreseeable use.
103. At all pertinent times, all Defendants in this action knew or should have known that
the use of talcum powder based products in the perineal area significantly increases the risk of
ovarian cancer based upon scientific knowledge dating back to the 1960s.
104. At all pertinent times, including the time of sale and consumption, the PRODUCTS,
when put to the aforementioned reasonably foreseeable use, were in an unreasonably dangerous
and defective condition because they failed to contain adequate and proper warnings and/or
instructions regarding the increased risk of ovarian cancer associated with the use of the
PRODUCTS by women to powder their perineal area. Defendants themselves failed to properly
and adequately warn and instruct Plaintiffs as to the risks and benefits of the PRODUCTS given
Plaintiffs’ need for this information.
105. Had the Plaintiffs received a warning that the use of the PRODUCTS would have
significantly increased their risk of ovarian cancer, she would not have used the same. As a
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proximate result of Defendants’ design, manufacture, marketing, sale, and distribution of the
PRODUCTS, Plaintiffs have been injured catastrophically, and have been caused severe and
permanent pain, suffering, disability, impairment, loss of enjoyment of life, loss of care, comfort,
and economic damages.
106. The development of ovarian cancer by the Plaintiffs was the direct and proximate
result of the unreasonably dangerous and defective condition of the PRODUCTS at the time of
sale and consumption, including their lack of warnings; Plaintiffs have suffered injuries and
damages including but not limited to conscious pain and suffering of Plaintiffs, medical expenses
and lost wages.
107. The Defendants’ products were defective because they failed to contain warnings
and/or instructions, and breached express warranties and/or failed to conform to express factual
representations upon which the Plaintiffs justifiably relied in electing to use the products. The
defect or defects made the products unreasonably dangerous to those persons, such as Plaintiffs,
who could reasonably be expected to use and rely upon such products. As a result, the defect or
defects were a producing cause of the Plaintiffs’ injuries and damages.
108. The Defendants’ products failed to contain, and continue to this day not to contain,
adequate warnings and/or instructions regarding the increased risk of ovarian cancer with the use
of their products by women. The Defendants continue to market, advertise, and expressly
represent to the general public that it is safe for women to use their product regardless of
application. These Defendants continue with these marketing and advertising campaigns despite
having scientific knowledge that dates back to the 1960’s that their products increase the risk of
ovarian cancer in women when used in the perineal area.
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WHEREFORE, Plaintiffs pray for judgment against Imerys Talc and the Johnson &
Johnson Defendants in a fair and reasonable sum in excess of $25,000.00 together with costs
expended herein and such further and other relief as the Court deems just and appropriate.
COUNT TWO – NEGLIGENCE
(Imerys Talc)
109. Plaintiffs reallege and incorporate by reference every allegation of this Complaint
as if each were set forth fully and completely herein.
110. At all pertinent times, Defendants had a duty to exercise reasonable care to
consumers, including Plaintiffs herein, in the design, development, manufacture, testing,
inspection, packaging, promotion, marketing, distribution, labeling and/or sale of the
PRODUCTS.
111. At all pertinent times, Imerys Talc mined and sold talc to the Johnson & Johnson
Defendants, which it knew and/or should have known was then being packaged and sold to
consumers as the PRODUCTS by the Johnson and Johnson Defendants. Further, Imerys Talc
knew and/or should have known that consumers of the PRODUCTS were using it to powder their
perineal regions.
112. At all pertinent times, Imerys Talc knew or should have known that the use of
talcum powder based products in the perineal area significantly increases the risk of ovarian cancer
based upon scientific knowledge dating back to the 1960s.
113. At all pertinent times, Imerys Talc knew or should have known that Johnson &
Johnson was not providing warnings to consumers of the PRODUCTS of the risk of ovarian cancer
posed by talc contained therein.
114. At all pertinent times, Imerys Talc was negligent in providing talc to the Johnson
& Johnson Defendants, when it knew or should have known that the talc would be used in the
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PRODUCTS, without adequately taking steps to ensure that ultimate consumers of the
PRODUCTS, including Decedent, received the information that Imerys Talc possessed on the
carcinogenic properties of talc, including its risk of causing ovarian cancer.
115. As a direct and proximate result of Imerys Talc’s negligence, Plaintiffs purchased
and used, as aforesaid, the PRODUCTS that directly and proximately caused Plaintiffs to develop
ovarian cancer; Plaintiffs were caused to incur medical bills, lost wages, and conscious pain and
suffering, and/or death; Plaintiffs were caused to sustain damages as a direct and proximate result,
in some cases to include untimely death, funeral and burial costs, as well as the loss of his wife’s
services, companionship, comfort, instruction, guidance, counsel, training and support.
WHEREFORE, Plaintiff prays for judgment against Imerys Talc in a fair and
reasonable sum in excess of $25,000.00, together with costs expended herein and such further and
other relief as the Court deems just and appropriate.
COUNT THREE –NEGLIGENCE
(Johnson & Johnson Defendants)
116. Plaintiffs hereby incorporate by reference each of the preceding paragraphs as if
fully set forth herein.
117. The Johnson & Johnson Defendants were negligent in marketing, designing,
manufacturing, producing, supplying, inspecting, testing, selling and/or distributing the
PRODUCTS in one or more of the following respects:
In failing to warn Plaintiffs of the hazards associated with the use of the
PRODUCTS;
In failing to properly test their products to determine adequacy and effectiveness or
safety measures, if any, prior to releasing the PRODUCTS for consumer use;
In failing to properly test their products to determine the increased risk of ovarian
cancer during the normal and/or intended use of the PRODUCTS;
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In failing to inform ultimate users, such as Plaintiffs as to the safe and proper
methods of handling and using the PRODUCTS;
In failing to remove the PRODUCTS from the market when the Defendants knew
or should have known the PRODUCTS were defective;
In failing to instruct the ultimate users, such as Plaintiffs, as to the methods for
reducing the type of exposure to the PRODUCTS which caused increased risk of
ovarian cancer;
In failing to inform the public in general and the Plaintiffs in particular of the known
dangers of using the PRODUCTS for dusting the perineum;
In failing to advise users how to prevent or reduce exposure that caused increased
risk for ovarian cancer;
In marketing and labeling the PRODUCTS as safe for all uses despite knowledge
to the contrary.
In failing to act like a reasonably prudent company under similar circumstances.
Each and all of these acts and omissions, taken singularly or in combination, were a
proximate cause of the injuries and damages sustained by Plaintiffs.
118. At all pertinent times, the Johnson & Johnson Defendants knew or should have
known that the PRODUCTS were unreasonably dangerous and defective when put to their
reasonably anticipated use.
119. As a direct and proximate result of the Johnson & Johnson Defendants’ negligence
in one or more of the aforementioned ways, Plaintiffs purchased and used, as aforesaid, the
PRODUCTS that directly and proximately caused each Plaintiff to develop ovarian cancer;
Plaintiffs were caused to incur medical bills, lost wages, and conscious pain and suffering.
WHEREFORE, Plaintiffs pray for judgment against the Johnson & Johnson
Defendants in a fair and reasonable sum in excess of $25,000.00, together with costs expended
herein and such further and other relief as the Court deems just and appropriate.
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COUNT FOUR – BREACH OF EXPRESS WARRANTY
(Johnson & Johnson Defendants)
120. Plaintiffs hereby incorporate by reference each of the preceding paragraphs as if
fully set forth herein.
121. The Johnson & Johnson Defendants expressly warranted, through direct-to-
consumer marketing, advertisements, and labels, that the PRODUCTS were safe and effective for
reasonably anticipated uses, including use by women in the perineal area.
122. The PRODUCTS did not conform to these express representations because they
cause serious injury when used by women in the perineal area in the form of ovarian cancer.
123. As a direct and proximate result of the Defendants’ breach of warranty, Plaintiffs
purchased and used, as aforesaid, the PRODUCTS that directly and proximately caused each
Plaintiff to develop ovarian cancer; Plaintiffs were caused to incur medical bills, lost wages, and
conscious pain and suffering.
WHEREFORE, Plaintiffs pray for judgment against the Johnson & Johnson
Defendants in a fair and reasonable sum in excess of $25,000.00, together with costs expended
herein and such further and other relief as the Court deems just and appropriate.
COUNT FIVE – BREACH OF IMPLIED WARRANTIES
(Johnson & Johnson Defendants)
124. Plaintiffs incorporate by reference each of the preceding paragraphs as if fully set
forth herein.
125. At the time the Defendants manufactured, marketed, labeled, promoted, distributed
and/or sold the PRODUCTS, the Johnson & Johnson Defendants knew of the uses for which the
PRODUCTS were intended, including use by women in the perineal area, and impliedly warranted
the PRODUCTS to be of merchantable quality and safe for such use.
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126. Defendants breached their implied warranties of the PRODUCTS sold to Plaintiffs
because they were not fit for their common, ordinary and intended uses, including use by women
in the perineal area.
127. As a direct, foreseeable and proximate result of the Defendants’ breaches of implied
warranties, Plaintiffs purchased and used, as aforesaid, the PRODUCTS that directly and
proximately caused each Plaintiff to develop ovarian cancer; Plaintiffs were caused to incur
medical bills, lost wages, and conscious pain and suffering.
WHEREFORE, Plaintiffs pray for judgment against the Johnson & Johnson
Defendants in a fair and reasonable sum in excess of $25,000.00, together with costs expended
herein and such further and other relief as the Court deems just and appropriate.
COUNT SIX – CIVIL CONSPIRACY
(All Defendants)
128. Plaintiffs incorporate by reference all preceding paragraphs as if fully set forth
herein.
129. Defendants and/or their predecessors-in-interest knowingly agreed, contrived,
combined, confederated and conspired among themselves to cause Plaintiffs’ injuries, disease,
and/or illnesses by exposing the Plaintiffs to harmful and dangerous PRODUCTS. Defendants
further knowingly agreed, contrived, confederated and conspired to deprive the Decedent and
Plaintiff of the opportunity of informed free choice as to whether to use the PRODUCTS or to
expose her to said dangers. Defendants committed the above described wrongs by willfully
misrepresenting and suppressing the truth as to the risks and dangers associated with the use of
and exposure to the PRODUCTS.
130. In furtherance of said conspiracies, Defendants performed the following overt acts:
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a. For many decades, Defendants, individually, jointly, and in conspiracy with each
other, have been in possession of medical and scientific data, literature and test
reports which clearly indicated that use of their by women resulting from ordinary
and foreseeable use of the PRODUCTS were unreasonably dangerous, hazardous,
deleterious to human health, carcinogenic, and potentially deadly;
b. Despite the medical and scientific data, literature, and test reports possessed by and
available to Defendants, Defendants individually, jointly, and in conspiracy with
each other, fraudulently, willfully and maliciously:
i. Withheld, concealed and suppressed said medical information regarding the
increased risk of ovarian cancer from Plaintiff and Decedent (as set out in
the “Facts” section of this pleading); In addition, on July 27, 2005
Defendants as part of the TIPTF corresponded and agreed to edit and delete
portions of scientific papers being submitted on their behalf to the United
States Toxicology Program in an attempt to prevent talc from being
classified as a carcinogen;
ii. The Defendants through the TIPTF instituted a “defense strategy” to defend
talc at all costs. Admittedly, the Defendants through the TIPTF used their
influence over the NTP Subcommittee, and the threat of litigation against
the NTP to prevent the NTP from classifying talc as a carcinogen on its 10th
RoC. According to the Defendants, “. . . we believe these strategies paid-
off”;
iii. Caused to be released, published and disseminated medical and scientific
data, literature, and test reports containing information and statements
regarding the risks of ovarian cancer which Defendants knew were
incorrect, incomplete, outdated, and misleading. Specifically, the
Defendants through the TIPTF collectively agreed to release false
information to the public regarding the safety of talc on July 1, 1992; July
8, 1992; and November 17, 1994. In a letter dated September 17, 1997, the
Defendants were criticized by their own Toxicologist consultant for
releasing this false information to the public, yet nothing was done by the
Defendants to correct or redact this public release of knowingly false
information.
c. By these false and fraudulent representations, omissions, and concealments,
Defendants intended to induce the Plaintiffs to rely upon said false and fraudulent
representations, omissions and concealments, and to continue to expose herself to
the dangers inherent in the use of and exposure to the PRODUCTS.
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131. Decedent reasonably and in good faith relied upon the aforementioned fraudulent
representations, omissions, and concealments made by Defendants regarding the nature of the
PRODUCTS.
132. As a direct, foreseeable and proximate result of the Defendants’ breaches of implied
warranties, Plaintiffs purchased and used, as aforesaid, the PRODUCTS that directly and
proximately caused each Plaintiff to develop ovarian cancer; Plaintiffs were caused to incur
medical bills, lost wages, and conscious pain and suffering.
WHEREFORE, Plaintiff prays for judgment against all Defendants, each of them, in a
fair and reasonable sum in excess of $25,000.00, together with costs expended herein and such
further and other relief as the Court deems just and appropriate.
COUNT SEVEN – CONCERT OF ACTION
(All Defendants)
133. Plaintiffs hereby incorporate by reference each of the preceding paragraphs as if
fully set forth herein.
134. At all pertinent times, Imerys Talc, the Johnson & Johnson Defendants, and the
PCPC knew that the PRODUCTS should contain warnings on the risk of ovarian cancer posed by
women using the product to powder the perineal region, but purposefully sought to suppress such
information and omit from talc based products so as not to negatively affect sales and maintain the
profits of the Johnson & Johnson Defendants, Imerys Talc, and the member of the PCPC.
135. As a direct, foreseeable and proximate result of the Defendants’ breaches of implied
warranties, Plaintiffs purchased and used, as aforesaid, the PRODUCTS that directly and
proximately caused each Plaintiff to develop ovarian cancer; Plaintiffs were caused to incur
medical bills, lost wages, and conscious pain and suffering.
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"WHEREFORE, Plaintiffprays forjudgment against allDefendants, each ofthem, in afair and reasonablesum in excess of$25,000.00, together with costsexpended herein and such further and other relief as the Court deems just and appropriate.COUNT EIGHT–NEGLIGENT MISREPRESENTATION(All Defendants)116.Plaintiffs incorporate byreference each of the preceding paragraphs as if fully set forth herein."
WHEREFORE, Plaintiff prays for judgment against all Defendants, each of them, in a
fair and reasonable sum in excess of $25,000.00, together with costs expended herein and such
further and other relief as the Court deems just and appropriate.
COUNT EIGHT – PUNITIVE DAMAGES
(All Defendants)
136. Plaintiffs incorporate by reference all preceding paragraphs as if fully set forth
herein.
137. The Defendants have acted willfully, wantonly, with an evil motive, and recklessly
in one or more of the following ways:
d. Defendants knew of the unreasonably high risk of ovarian cancer posed by the
PRODUCTS before manufacturing, marketing, distributing and/or selling the
PRODUCTS, yet purposefully proceeded with such action;
e. Despite their knowledge of the high risk of ovarian cancer associated with the
PRODUCTS, Defendants affirmatively minimized this risk through marketing and
promotional efforts and product labeling;
f. Through the actions outlined above, Defendants expressed a reckless indifference
to the safety of users of the PRODUCTS, including Plaintiffs. Defendants’
conduct, as described herein, knowing the dangers and risks of the PRODUCTS,
yet concealing and/or omitting this information, in furtherance of their conspiracy
and concerted action was outrageous because of Defendants’ evil motive or a
reckless indifference to the safety of users of the PRODUCTS.
138. As a direct and proximate result of the willful, wanton, evilly motivated and/or
reckless conduct of the Defendants, the Plaintiffs have sustained damages as set forth above.
WHEREFORE, Plaintiff prays for a judgment for punitive damages against all
Defendants in a fair and reasonable amount sufficient to punish Defendants and deter them and
others from engaging in similar conduct in the future, costs expended herein, and such further and
other relief as the Court deems just and appropriate.
COUNT NINE – WRONGFUL DEATH
(Against All Defendants)
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"117.Defendants had aduty to accurately and truthfully represent to the medical and healthcare community, Plaintiffs and the public, that the PRODUCTS had been tested and foundto be safeand effectivefor use in the perineal area. The representations made by Defendants, in fact, were false.118.Defendants failed to exercise ordinarycare in the representations concerning the PRODUCTS while theywere involved in their manufacture, sale, testing, quality assurance, quality control, and distribution in interstate commerce, because Defendants negligentlymisrepresented the PRODUCTS’ high risk of unreasonable, dangerous, adverse side effects.119.Defendants breached their duty in representing that the PRODUCTS have no serious side effects.120.As a foreseeable, direct and proximate result of the negligent misrepresentation ofDefendants as set forth herein, Defendants knew, and had reason to know, that the PRODUCTShad been insufficiently tested, or had not been tested at all, and that they lacked adequate and accurate warnings, and that it created a high risk, and/or higher than acceptable risk, and/or higher than reported and represented risk, of adverse side effects.121.As a proximate result of Defendants’ conduct, Plaintiffs have been injured and sustained severe and permanent pain, suffering, disability, impairment, loss of enjoyment of life, loss of careand comfort, and economic damages."
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"Plaintiffs demand judgment againstDefendants, and each of them,individually,jointly, severallyand in thealternative, requestscompensatorydamages,punitive damages, togetherwith interest, costsof suit, attorneys’ fees, and such further relief as the Court deems equitable and just.COUNT NINE–FRAUD(Johnson & Johnson Defendants)Electronically Filed - City of St. Louis - February 10, 2017 - 03:30 PM57"
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"122.Plaintiffs incorporate byreference every other paragraph of this Third AmendedPetitionas if each were set forth fullyand completely herein. 123.At all relevant times, the Johnson & Johnson Defendants intentionally, willfully, and/or recklessly, with the intent to deceive, misrepresented and/or concealed material facts to consumers and users, including Plaintiffs.124.At all relevant times, the Johnson & Johnson Defendants misrepresented and/or concealed material facts concerning the PRODUCTS to consumers, including the Plaintiffs, with knowledge of thefalsityof their misrepresentations. 125.At all relevant times, upon information and belief, the misrepresentations and concealments concerning the PRODUCTS made bythe Johnson & Johnson Defendants include, but are not limited to the following:a.The Johnson & Johnson Defendants falsely labeled and advertised thePRODUCTS in the following ways, among others: “For you, useeveryday to help feel soft, fresh, and comfortable,” “a sprinkle a day keeps theodor away,” “your bodyperspires in more places than just under your arms,” “Use SHOWER to SHOWER to feel dry, fresh, and comfortablethroughout the day,” and “SHOWER to SHOWER can be used all over your body.”b.The Johnson & Johnson Defendants falsely advertised the PRODUCT SHOWER to SHOWER to be applied “all over,”and in particular, urges women to use it to “Soothe Your Skin: Sprinkle on problem areas to soothe skin that has been irritated from friction. Apply after a bikini waxto help reduce irritation and discomfort.”c.The Johnson & Johnson Defendants, through the advertisements describedabove, knowingly misrepresented to Plaintiff and the public that the PRODUCTS were safe for use all over the body, including the perineal areas of women.d.The Johnson & Johnson Defendants intentionallyfailed to disclose that talc and the associated PRODUCTS, when used in the perineal area, increase the risk of ovarian cancer.Electronically Filed - City of St. Louis - February 10, 2017 - 03:30 PM58"
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"e.The Johnson & Johnson Defendants intentionallyfailed to include adequate warnings with the PRODUCTS regarding the potential and actual risks of using the PRODUCTSin the perineal area on women and the nature, scope, severity, and duration of any serious injuries resultingtherefrom.2f.Despite knowing about the carcinogenic nature of talc and its likelihood to increase the risk of ovarian cancer in women, theJohnson & Johnson Defendants falsely marketed, advertised, labeled and sold the PRODUCTSas safefor public consumption and usage,including for use by women to powder their perineal areas. 126.At all relevant times, the Johnson & Johnson Defendants actively, knowingly, and intentionally concealed and misrepresented thesematerial facts to the consuming public with theintent to deceive the public and Plaintiffs, and with the intent that the consumers would purchaseand use the PRODUCTS in the female perineal area.127.At all relevant times, the consuming public, including Plaintiffs, would nototherwise have purchased the PRODUCTS and/or applied the PRODUCTS in the perineal area if they had been informed of the risks associated with the use of the PRODUCTS in the perineal area.128.At all relevant times, Plaintiffs relied on the Johnson & Johnson Defendants’ misrepresentations concerning the safety of the PRODUCTS when purchasing the PRODUCTSand using them in her perineal area, and her reliance was reasonable and justified.129.As a direct, foreseeable and proximate result of the Johnson & Johnson Defendants’ fraudulent conduct, Plaintiffs purchased and used the PRODUCTS in their perineal 2HouseholdProducts Database,Label forJohnson’sBabyPowder,Original,http://householdproducts.nlm.nih.gov/cgi-bin/household/brands?tbl=brands&id=10001040Electronically Filed - City of St. Louis - February 10, 2017 - 03:30 PM59"
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"COUNT TEN–WRONGFUL DEATH(All Defendants)130.Plaintiffs incorporate byreference every other paragraph of this Third AmendedPetitionas if each were set forth fullyand completely herein.131.As a direct and proximate result of the acts and/or omissions of Defendants as set forth herein, theDecedents named in this action used the PRODUCTS in their perineal areas. Subsequent to such use, Decedents developed ovarian cancer, suffered substantial pain and suffering, both physical and emotional in nature, and subsequently died. 132.Plaintiffs, on behalf of themselves and all of the next of kin of Decedents, areentitled to recover damages as Decedents would have if they were living, as a result of actsand/or omissions of Defendants.133.Plaintiffs, on behalf of themselves and all of Decedents’ next of kin are also entitled to recover punitive damages and damages for substantial pain and suffering caused to Decedents from the acts and/or omissions of Defendants as fully set forth herein, includingwithout limitations, punitive damages.134.As a direct and proximate result of Defendants’ conduct, Plaintiffs and Decedents have been injured and sustained severe and permanent pain, suffering, disability, impairment,loss of enjoyment of life, loss of careand comfort, and economic damages. Electronically Filed - City of St. Louis - February 10, 2017 - 03:30 PM60"
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"WHEREFORE, Plaintiffs demand judgment against Defendants, individually, jointly, severally, and in thealternative, requests compensatory damages, punitivedamages, together with interest, costs of suit, attorneys’ fees, and such further relief as the Court deems equitable and just."
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139. Plaintiffs incorporate by reference all preceding paragraphs as if fully set forth
herein.
140. Defendants knew of the dangerous condition of the PRODUCTS, knew it posed a
danger to their consumers including Plaintiffs, but chose not to include any warnings regarding
the dangerous condition of the PRODUCTS.
141. Defendants showed complete indifference to or conscious disregard for the safety
of Plaintiffs by the conduct described herein, which Defendants should have known failure to
include a warning for the PRODUCTS could cause problems.
142. Plaintiffs are entitled to exemplary damages to punish Defendants and to deter
Defendants and others in similar situations from like conduct.
WHEREFORE, Plaintiffs pray for judgment against Defendants for exemplary
damages for the aggravating circumstances of decedents Susan Widen-Salpeter, Connie
Zierenberg, Denise Maharg’s deaths, to punish Defendants, and to deter Defendants and others
from like conduct, and such other and further relief as this Court deems just, proper, and equitable.
COUNT TEN – CONCERT OF ACTION
(Defendant Personal Care Products Council)
143. Plaintiffs repeat and reallege each of the preceding paragraphs of this Complaint as
if set forth at length herein.
144. Upon information and belief, Defendant Personal Care Products Council f/k/a
Cosmetic, Toiletries, and Fragrance Council knowingly and willfully aided and abetted the
fraudulent marketing and sales described herein.
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"144.Upon information and belief, Defendant Personal CareProducts Councilf/k/aCosmetic, Toiletries, and FragranceCouncilknowinglyand willfullyaidedandabettedthe fraudulent marketingand sales described herein."
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145. Defendant PCPC aided and abetted this fraudulent scheme by providing substantial
assistance to Defendants, Imerys and Johnson & Johnson. This substantial assistance included,
among other things, the “Facts” section of this pleading and the facts set forth in Paragraph 125.
146. Without Defendant PCPC’s substantial assistance, involvement and participation;
the fraudulent scheme would not have been possible.
147. Plaintiffs suffered serious injury and pecuniary losses as a proximate result of
the aiding and abetting of Defendant PCPC, including but not limited to the loss of the Plaintiffs’
life.
WHEREFORE, Plaintiffs pray for judgment against all Defendants, each of them, in a
fair and reasonable sum in excess of $25,000.00, together with costs expended herein and such
further and other relief as the Court deems just and appropriate.
COUNT ELEVEN – NEGLIGENT MISREPRESENTATION
(All Defendants)
148. Plaintiffs realleges each and every allegation of this Complaint as if each were set
forth fully and completely herein.
149. Defendants had a duty to accurately and truthfully represent to the medical and
healthcare community, Plaintiffs and the public, that the PRODUCTS had been tested and found
to be safe and effective for use in the perineal area. The representations made by Defendants, in
fact, were false.
150. Defendants failed to exercise ordinary care in the representations concerning the
PRODUCTS while they were involved in their manufacture, sale, testing, quality assurance,
quality control, and distribution in interstate commerce, because Defendants negligently
misrepresented the PRODUCTS’ high risk of unreasonable, dangerous, adverse side effects.
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"145.Defendant PCPCaidedandabettedthis fraudulent scheme byprovidingsubstantial assistanceto Defendants, Imerys andJohnson &Johnson. This substantial assistanceincluded,among other things, the “Facts” section of this pleadingand the facts set forth in Paragraph 125.146.Without Defendant PCPC’s substantial assistance, involvement and participation;the fraudulent scheme would not have been possible.147.Plaintiffssuffered serious injuryand pecuniarylosses as aproximate resultoftheaidingandabettingof Defendant PCPC, includingbut not limited to thelossof the Plaintiffs’life.WHEREFORE, Plaintiffsprayfor judgment against all Defendants, each of them, in afair and reasonable sum in excess of $25,000.00, togetherwith costsexpended herein and such further and other relief as the Court deems just and appropriate. COUNTELEVEN–NEGLIGENT MISREPRESENTATION(AllDefendants)148.Plaintiffs realleges each and everyallegation of this Complaintas if each wereset forth fullyand completelyherein.149.Defendants had adutyto accuratelyand truthfullyrepresent to the medical andhealthcarecommunity, Plaintiffs and the public, that the PRODUCTShad been tested and foundto besafeand effectivefor usein the perineal area. Therepresentations madebyDefendants, infact, were false.150.Defendants failed to exercise ordinarycareintherepresentations concerningthePRODUCTSwhile theywereinvolved in theirmanufacture, sale, testing, qualityassurance,qualitycontrol, and distribution in interstatecommerce, becauseDefendants negligentlymisrepresented the PRODUCTS’ high risk of unreasonable, dangerous, adverse side effects.Electronically Filed - City of St. Louis - July 31, 2014 - 02:43 PM59"
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151. Defendants breached their duty in representing that the PRODUCTS have no
serious side effects.
152. As a foreseeable, direct and proximate result of the negligent misrepresentation of
Defendants as set forth herein, Defendants knew, and had reason to know, that the PRODUCTS
had been insufficiently tested, or had not been tested at all, and that they lacked adequate and
accurate warnings, and that it created a high risk, and/or higher than acceptable risk, and/or higher
than reported and represented risk, of adverse side effects.
153. As a proximate result of Defendants’ conduct, Plaintiffs have been injured and
sustained severe and permanent pain, suffering, disability, impairment, loss of enjoyment of life,
loss of care and comfort, and economic damages.
WHEREFORE, Plaintiffs demand judgment against Defendants, and each of them,
individually, jointly, severally and in the alternative, requests compensatory damages, punitive
damages, together with interest, costs of suit, attorneys’ fees, and such further relief as the Court
deems equitable and just.
TOLLING STATUTE OF LIMITATIONS
154. Plaintiff realleges each and every allegation of this Complaint as if each were set
forth fully herein.
155. Plaintiffs have suffered an illness that has a latency period and does not arise until
many years after exposure. Plaintiffs’ illness did not distinctly manifest itself until she was made
aware that her ovarian cancer could be caused by her use of the Defendants’ products.
Consequently, the discovery rule applies to this case and the statute of limitations has been tolled
until the day that Plaintiffs knew or had reason to know that her ovarian cancer was linked to her
use of the Defendants’ products.
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"151.Defendants breached their dutyin representing that the PRODUCTShavenoseriousside effects.152.As aforeseeable, direct and proximate resultofthenegligent misrepresentation of Defendants as set forth herein, Defendants knew, and had reason to know, that the PRODUCTShad been insufficientlytested, or had not been tested at all, and that theylacked adequate andaccurate warnings, and that itcreated ahigh risk, and/or higher thanacceptable risk, and/or higher than reported and represented risk, of adverse side effects.153.As aproximate resultofDefendants’ conduct,"
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"been injured andsustained severeand permanent pain, suffering, disability, impairment, lossof enjoyment of life,loss of careand comfort, and economic damages.WHEREFORE, Plaintiffs demand judgment against Defendants, and each of them, individually,jointly, severallyand in thealternative, requestscompensatorydamages,punitive damages, togetherwith interest, costsof suit, attorneys’ fees, and such further relief asthe Court deems equitable and just.TOLLINGSTATUTEOF LIMITATIONS154.Plaintiffrealleges each and everyallegation of this Complaintas if each weresetforth fully herein. 155.Plaintiffs have"
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156. Furthermore, the running of any statute of limitations has been equitably tolled by
reason of Defendants’ fraudulent concealment and conduct. Through their affirmative
misrepresentations and omissions, Defendants actively concealed from Plaintiffs the true risks
associated with PRODUCTS.
157. As a result of Defendants’ actions, Plaintiffs were unaware, and could not
reasonably know or have learned through reasonable diligence that Plaintiffs had been exposed to
the risks alleged herein and that those risks were the direct and proximate result of Defendants’
acts and omissions.
158. Furthermore, Defendants are estopped from relying on any statute of limitations
because of their concealment of the truth, quality and nature of PRODUCTS. Defendants were
under a duty to disclose the true character, quality and nature of PRODUCTS because this was
non-public information which the Defendants had and continue to have exclusive control, and
because the Defendants knew that this information was not available to Plaintiffs, their medical
providers and/or their health facilities.
159. Defendants had the ability to and did spend enormous amounts of money in
furtherance of their purpose of marketing and promoting a profitable drug, notwithstanding the
known or reasonably known risks. Plaintiffs and medical professionals could not have afforded
and could not have possibly conducted studies to determine the nature, extent and identity of
related health risks, and were forced to rely on Defendants’ representations.
Dated: July 31, 2014 Respectfully submitted,
ONDER, SHELTON,
O’LEARY & PETERSON, LLC
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"/s/W. WylieBlairJames G. Onder, #38049W. Wylie Blair, #58196Stephanie L. Rados, #65117110 E. Lockwood, 2ndFloor"
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[Old text]: " Stephanie RadosJames G. Onder, #38049Michael J. Quillin, #61877Stephanie L. Rados, #65117110 E. Lockwood, 2ndFloor" [New text]: "W. WylieBlairW. Wylie BlairAttorney for PlaintiffsElectronically Filed - City of"The following text attributes were changed: font
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