Baby Powder Ovarian Cancer State Statutes of Limitations

Talcum Powder Dangers   

Recently there has been a strong focus on the risks of talc, specifically ovarian talc cancer. Talc, a veritable staple in bathrooms and nurseries across the U.S., is a form of magnesium silicate, used in many manufacturing applications as well as cosmetics. Prior to the 1970’s, talc often contained asbestos fibers until the U.S. mandated talc would be asbestos-free. As far back as 1971, some scientists believed there was a connection between ovarian cancer and talcum powder. Some scientists and doctors even believed the talc fibers could enter a woman’s reproductive tract through the vagina, traveling through the uterus and fallopian tubes, into the ovaries. 

There was speculation that these talc fibers could result in inflammation, which in turn could significantly increase the risk of ovarian cancer. As the research regarding talc cancer became more public, many women filed a baby powder ovarian cancer lawsuit against Johnson & Johnson, who markets baby powder containing talc and Shower to Shower powder which also contains talc. Several of the studies concluded that women who use talcum powder for feminine hygiene could have as much as a 30 percent increased risk of ovarian cancer. Two recent J & J talcum powder lawsuits resulted in multi-million dollar decisions in favor of the plaintiffs. If you were harmed by talcum powder, it is important that you understand the ovarian baby powder cancer state statute of limitations. 

The Statute of Limitations for a Product Liability Case

Those who are considering filing a talcum powder ovarian cancer lawsuit must consider the ovarian baby powder cancer state statute of limitations to avoid missing their window of opportunity for filing a baby powder ovarian cancer lawsuit. Each state proscribes a time period, or statute of limitations, within which a plaintiff must file his or her claim. In general, this period begins when the injury is discovered—or should have been discovered. 

Some states specify that the ovarian baby powder cancer state statute of limitations begins accruing on the actual date of the injury. Some states have also implemented what is known as statutes of repose. These statutes of repose also limit the time within which a claim can be brought, through tolling events which specify a date in which an alleged defective product was initially manufactured, sold, purchased or delivered. 

Ovarian Baby Powder Cancer State Statute of Limitations

In order to be able to bring your talcum powder ovarian cancer lawsuit, you must discuss the ovarian baby powder cancer state statute of limitations with your attorney in order to determine what your specific time limits are for filing a claim. The individual ovarian baby powder cancer state statute of limitations are as follows:

 

  • Alabama—An action must be brought within two years from the time the injury is, or should have been discovered.
  • Alaska—An action must be brought within two years from the time when the injury is, or should have been discovered.
  • Arizona—An action must be brought within two years from the time when the injury is, or should have been discovered. Arizona has enacted a twelve-year statute of repose that begins to run once the product is first sold, however the statute of repose does not apply to actions based on negligence or breach of warranty.
  • Arkansas—An action must be brought within three years from the time when the injury is, or should have been discovered.
  • California—An action must be brought within two years from the time when the injury is, or should have been discovered.
  • Colorado—An action must be brought within two years from the time when the injury is, or should have been discovered.
  • Connecticut—An action must be brought within three years from the time the injury is, or should have been discovered. Connecticut also has a ten-year statute of repose which begins to run, once the manufacturer or seller has last parted with the product.
  • Delaware—An action must be brought within two years from the time when the injury is, or should have been discovered.
  • District of Columbia—An action must be brought within three years from the time when the injury is, or should have been discovered.
  •  Florida—An action must be brought within four years from the time when the injury is, or should have been discovered. Florida also has a twelve-year statute of repose, subject to various exceptions.
  • Georgia—An action must be brought within two years from the time when the injury is, or should have been discovered or one year from the date on which death occurs. Georgia has also enacted a ten-year statute of repose, subject to various exceptions.
  • Hawaii—An action must be brought within two years from the time when the injury is, or should have been discovered.
  • Idaho—An action must be brought within two years of the date on which the injury occurred.
  • Illinois—An action must be brought within two years of the date on which the injury occurred. Illinois also has a twelve-year statue of repose which begins to run once the product is sold and a ten-year statute of repose which begins to run once the product is delivered.
  • Indiana—An action must be brought within two years of the date on which the injury occurred. Indiana also has a ten-year statute of repose.
  • Iowa—An action must be brought within two years of the date on which the injury occurred.
  • Kansas—An action must be brought within two years of the date on which the injury occurred.
  • Kentucky—An action must be brought within one year of the date on which the injury occurred. If injury, death, or property damage does not occur within eight years of the product’s use, then this creates a rebuttable presumption that there is no defect in the product.
  • Louisiana—An action must be brought within one year of the date on which the injury occurred, however this statute does not apply to minors.
  • Maine—An action must be brought within six years of the date on which the injury occurred.
  • Maryland—An action must be brought within three years of the date on which the injury occurred.
  • Massachusetts—An action must be brought within three years of the date on which the injury occurred.
  • Michigan—An action must be brought within two years of the date on which the injury occurred. If the product is in use for more than ten years, then liability cannot be based on strict liability.
  • Minnesota—An action must be brought within four years of the date on which the injury occurred.
  • Mississippi—An action must be brought within two years of the date on which the injury occurred.
  • Missouri—An action must be brought within five years of the date on which the injury occurred.
  • Montana—An action must be brought within three years of the date on which the injury occurred.
  • Nebraska—An action must be brought within four years of the date on which the injury occurred. The state has enacted a ten-year statute of repose, which begins to run from the date in which a product is first sold.
  • Nevada—An action must be brought within four years of the date on which the injury occurred.
  • New Hampshire—An action must be brought within three years of the date on which the injury occurred, except where a legal duty has been imposed by the government, in which case the action must be brought within six years. The state of New Hampshire has also enacted a twelve-year statute of repose, which begins to run once the product is manufactured and sold.
  • New Jersey—An action must be brought within two years of the date on which the injury occurred.
  • New Mexico—An action must be brought within three years of the date on which the injury occurred.
  • New York—An action must be brought within three years of the date on which the injury occurred.
  • North Carolina—An action must be brought within six years of the date on which the injury occurred.
  • North Dakota—An action must be brought within ten years from the date of the initial purchase, or within eleven years of the date of manufacture.
  • Ohio—An action must be brought within two years of the date on which the injury occurred.
  • Oklahoma—An action must be brought within two years of the date on which the injury occurred.
  • Oregon—An action must be brought within two years of the date on which the injury occurred. The state has enacted an eight-year statute of repose.
  • Pennsylvania—An action must be brought within two years of the date on which the injury occurred.
  • Rhode Island—An action must be brought within three years of the date on which the injury occurred.
  • South Carolina—An action must be brought within three years of the date on which the injury occurred.
  • South Dakota—An action must be brought within three years of the date on which the injury occurred. South Dakota has enacted a six-year statute of repose, which begins to run after purchase.
  • Tennessee—An action must be brought within four years of the date on which the injury occurred. Tennessee has enacted a statute of repose that runs six years after an injury and ten years after the initial purchase of a product.
  • Texas—An action must be brought within two years of the date on which the injury occurred.
  • Utah—An action must be brought within two years of the date on which the injury occurred.
  • Vermont—An action must be brought within three years of the date on which the injury occurred.
  • Virginia—An action must be brought within two years of the date on which the injury occurred.
  • Washington—An action must be brought within two years of the date on which the injury occurred. Washington has enacted a twelve-year statute of repose.
  • West Virginia—An action must be brought within two years of the date on which the injury occurred.
  • Wisconsin—An action must be brought within three years of the date on which the injury occurred.
  • Wyoming—An action must be brought within four years of the date on which the injury occurred.

 

What You Need to Know About Statutes of Limitations and Talcum Powder Cases

 According to the discovery rule, the ovarian baby powder cancer state statute of limitations for a cause of action does not begin to run until such a time as the person who was injured discovers that injury, or reasonably should have discovered the injury. For women who have developed talc cancer and are considering a talcum powder ovarian cancer lawsuit, this means that even if you received a diagnosis of ovarian cancer years ago, your ovarian baby powder cancer statute of limitations should not begin to toll until you discover—or should have discovered—your injury was caused by the talc in Johnson & Johnson powder products. The argument could even be made that until Johnson & Johnson admits there are potential risks associated with their talc products, or until the FDA issues a warning to the public, the ovarian baby powder cancer statute of limitations has not begun to toll.

 

Further, as the victim of ovarian talcum powder cancer, you might not “discover” your injury until an electron microscope imaging study on your ovarian tissues verify the presence of talc fibers.  There are many issues associated with the ovarian baby powder cancer state statute of limitations, and the only way to be sure when your specific statutes began to toll is to speak to an ovarian talcum powder cancer attorney. If you were diagnosed with ovarian cancer more than ten years ago, the issue becomes more problematic, as federal law only requires healthcare institutions to keep tissue samples for ten years, after which they are generally destroyed. If you believe you are approaching the ten-year mark, it is even more important that you contact an ovarian baby powder cancer attorney to discuss your potential talcum powder lawsuit. Your ovarian talcum powder cancer attorney may be able to send a preservation letter to your hospital, halting the destruction of your pathology samples.

 

Should You File a Talcum Powder Ovarian Cancer Lawsuit?

There are currently more than 1,200 talcum powder lawsuits filed. If Johnson & Johnson experiences more major losses like the last two, the company might, at some point in the future, decide to settle with plaintiffs claiming injury from talc. As consumers learn more and more about potential talcum powder dangers, it is likely more women will file a talcum powder lawsuit. The sooner you contact an experienced ovarian talcum powder cancer attorney, the more likely you are to be within the ovarian baby powder cancer state statute of limitation. If you are entitled to a settlement from Johnson & Johnson, then the quicker you get your talcum powder lawsuit filed, the better for your future.

 

How an Ovarian Talcum Powder Cancer Lawyer Can Help 

Although you are limited by the ovarian baby powder cancer state statute of limitations in your state, when you place your talcum powder lawsuit in the hands of our knowledgeable ovarian talcum powder cancer lawyer, we will diligently work to ensure each and every deadline is met in a timely manner. If you believe you have missed the deadline for filing an ovarian talcum powder cancer lawsuit, all hope may not be lost; our attorneys will explore every option available to pursue compensation for your medical expenses related to your talc cancer, as well as your lost wages and pain and suffering.  

 

It can be tricky to determine just when a state statute of limitations begins to run. Our talcum powder ovarian cancer lawyers will analyze all of the facts of your particular case and take the time to comprehensively determine when the state statute for your case began to toll and will advise and counsel you on how best to move forward with your potential ovarian baby powder cancer lawsuit. Our strong and trustworthy baby powder ovarian cancer lawyers will do everything they can to help preserve your right to file your claim

.

 

DISCLAIMER: Statutes of Limitations limit the amount of time that an individual has to file a lawsuit, and not only vary from state to state, but also vary by cause of action. The information provided above and in the state-specific pages in this section is meant as a general guide, and is for informational purposes only. Each client’s case is unique, and the specific circumstances of any individual case can have significant bearing on the applicable statute of limitations. Any person who believes they may have a viable cause of action is strongly encouraged to consult with an attorney about the statute of limitations for his or her case. Attorney Andrew Sullo is licensed to practice law in Texas, and can prosecute cases that are part of a federal multi-district litigation. Andrew Sullo does not practice law in any other state, and is not certified by the Boards of Legal Specialization in any state. Not all states have board certifications. This information is not intended to solicit clients for matters outside of the State of Texas. Our firm is not accepting cases in any state where it would be impermissible for it to do so. Sullo & Sullo, LLP maintains its principal office in Houston, Texas.

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