PITTSBURGH – A Western Pennsylvania woman claims that she developed ovarian cancer after using talc-based personal hygiene products sold by the Giant Eagle supermarket chain, for more than half of her life.
Donna Dexter of Oakmont filed suit in the Allegheny County Court of Common Pleas on Jan. 8 versus Giant Eagle, Inc., of Pittsburgh.
The suit explains that asbestos is a known contaminant of talc mines, mines which yield one of the main components used in personal hygiene products, such as those used by the defendant.
In addition, it claims that the hazards of using such talc products on the human body were first discovered 50 years ago, and that subsequent studies have borne out and further developed that assertion. Like talcum powder exposure, asbestos exposure is also a known risk factor for ovarian cancer.
“Plaintiff began using talc products in 1960, including Johnson & Johnson’s baby powder and Johnson & Johnson’s Shower to Shower. Plaintiff applied the talc products to her perineal area daily since she began using the products,” the suit states.
“Plaintiff purchased the talc products from various Giant Eagle stores in Pennsylvania. On multiple occasions, the Giant Eagle defendant’s employees expressly affirmed the safety of the talc products, inducing plaintiff to purchase the talc products from Giant Eagle stores.”
Dexter alleges Giant Eagle was aware of the risks inherent in using the products, but sold the products anyway. Moreover, the suit asserts that another viable option was available to be sold, but not used.
“A feasible and safe alternative to talc has existed. For example, cornstarch is an organic carbohydrate that is quickly broken down by the body with no known adverse health effects. Cornstarch powders have been sold and marketed for the same uses as the talc products with nearly the same effectiveness as talcum powders,” the suit says.
Dexter alleges that continual use of the talc products in question later led her to develop ovarian cancer.
“Because of continuous exposure to the talc products that contain asbestos from applying the talc products to her perineal area since 1960, plaintiff began feeling pain and discomfort in her pelvic region. Plaintiff visited Dr. Eileen Segreti, M.D., who diagnosed plaintiff with ovarian cancer. Plaintiff experienced years of debilitating pain and suffering from ovarian cancer and endured numerous cancer treatments, including chemotherapy,” per the suit.
For counts of negligence, strict liability (failure to warn), strict liability (defective design), breach of express warranties, breach of implied warranties, punitive damages and negligent misrepresentation, the plaintiff is seeking a long list of reliefs:
• Compensatory damages in excess of $75,000, including, but not limited to pain, suffering, discomfort, physical impairment, emotional distress, loss of enjoyment of life, and other noneconomic damages in an amount to be determined at trial of this action;
• Economic damages in the form of medical expenses, out-of-pocket expenses, lost earnings and other economic damages in an amount to be determined at trial of this action;
• Punitive and/or exemplary damages for the wanton, willful, fraudulent, reckless acts of the Giant Eagle defendant, who demonstrated a complete disregard and reckless indifference for the safety and welfare of the general public and plaintiff in an amount sufficient to punish the Giant Eagle defendant and deter future similar conduct;
• Pre-judgment interest, post-judgment interest, reasonable attorneys’ fees, costs, all other damages allowed under law and such other and further relief as this Court deems just and proper.
The plaintiff is represented by Jason A. Itkin of Arnold & Itkin, in Houston, Texas.
The defendant has not yet obtained legal counsel.
Allegheny County Court of Common Pleas case GD-21-000312
From the Pennsylvania Record: Reach Courts Reporter Nicholas Malfitano at nick.malfitano@therecordinc.com