LUFKIN — A Polk County man is suing Johnson & Johnson, alleging negligence led to the death of his wife from cancer.
Marcus Witherspoon, individually and as the personal representative of the estate of Mary Ann Witherspoon, deceased, filed a lawsuit Nov. 22 in the Lufkin Division of the Eastern District of Texas against Johnson & Johnson and Johnson & Johnson Consumer Companies, Inc., alleging they failed to provide adequate warnings about the risks of developing ovarian cancer from using their talcum powders.
According to the complaint, in June 2014, Mary Ann Witherspoon was diagnosed with ovarian cancer, which ultimately caused her death Nov. 23, 2014. The suit says her cancer and death were proximately caused by her regular and prolonged exposure to defendants' talcum powder.
The plaintiff alleges the defendants negligently advertised and marketed that the talcum powder products were safe for use by women and failed to inform customers and users of the products' known catastrophic health hazard.
Marcus Witherspoon seeks trial by jury, compensatory damages of more than $75,000, economic and punitive damages, pre- and post-judgment interest, attorney fees, court costs and all other just and proper relief. He is represented by attorneys Warren T. Burns, Daniel H. Charest and Spencer Cox of Burns Charest LLP in Dallas and Korey A. Nelson, and by Amanda K. Klevorn of Burns Charest in New Orleans.
Lufkin Division of the Eastern District of Texas Case number 9:16-cv-00195