Talcum Powder Dangers

The first talcum powder ovarian cancer lawsuit was heard in October 2013, when plaintiff Deane Berg brought suit against Johnson & Johnson after being diagnosed with ovarian cancer after using J & J baby powder with talc for more than three decades. While a jury found in favor of Berg, finding J & J guilty of negligence for failure to warn about the risks of ovarian cancer, in a confusing verdict, Berg was awarded no damages. In February 2016, a Missouri jury awarded the family of Jacqueline Fox $72 million in a wrongful death claim. $10 million of the award was designated as compensatory damages, while the other $62 million was designated as punitive damages.

Fox died just a few short months prior to the beginning of the trial of ovarian cancer, after using J & J baby powder with talc and Shower to Shower with talc for more than three and a half decades. Another Missouri jury found in favor of plaintiff Gloria Ristesund in May 2016, just months after the Fox decision. Gloria Ristesund was awarded $55 million--$5 million in compensatory damages, and $50 million in punitive damages—for her product liability talcum powder ovarian cancer lawsuit. Despite the results of these trials, and the many studies which have found a clear connection between the use of talcum powder for feminine hygiene and ovarian cancer, Johnson & Johnson believes there are no dangers associated with talc products—and refuses to warn women who regularly use talcum powder.

Understanding the Tennessee Ovarian Baby Powder Cancer State Statute of Limitations

Among product liability lawsuits, when a person suffers personal injury or property damage resulting from a defectively designed or manufactured product, that person has a specific length of time in which to file a lawsuit. In this case, the product liability statute refers to baby powder ovarian cancer lawsuits. Additionally, some states have statutes of repose which bar any cause of action which is not brought within a certain time period, following the occurrence of a defined event.

Some examples of those tolling events could include the date on which an alleged defective product was manufactured, delivered, purchased or sold. In the state of Tennessee, an action must be brought within four years of the date on which the injury occurred. The state of Tennessee has also enacted a statute of repose that runs six years after an injury occurs and ten years after the initial purchase of a product. The ovarian baby powder cancer state statute of limitations can be filled with complexities, requiring an experienced ovarian talcum powder cancer attorney to help interpret the statutes correctly.

How the Tennessee Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits

Many women who were diagnosed with ovarian cancer years ago were unaware of the potential talcum powder dangers. It is important to remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. This means your ovarian baby powder cancer state statute of limitations could theoretically begin to run when one of the following occurs:

·         When you discovered your talc cancer injury was caused by Johnson & Johnson;

·         When Johnson & Johnson admits there is an issue with their talc products;

·         When the FDA issues a warning about the risk of ovarian cancer among women who use talcum powder for feminine hygiene;

·         When the FDA issues a recall for all talc products, or

·         When a scanning electron microscope imaging study is done on your ovarian tissues to verify whether talc fibers are present.

Diagnoses of ovarian cancer made more than ten years ago could be especially problematic, as federal law only requires healthcare institutions to keep tissue samples on hand for ten years. After this time, those tissue samples are often destroyed. If your diagnosis of ovarian talc cancer was made more than ten years ago, it is especially important that you contact an ovarian talcum powder cancer attorney who will send a preservation letter on your behalf to the hospital, preventing your diagnostic pathology samples from being destroyed. In the end, it can be extremely difficult to determine, on your own, whether your ovarian baby powder cancer state statute of limitations has run, without the help of a knowledgeable ovarian baby powder cancer lawyer.

Getting Help from a Tennessee Ovarian Talcum Powder Cancer Attorney

A knowledgeable, experienced baby powder cancer lawyer can work hard on your potential case to help ensure all deadlines are met in a timely manner. If you believe you have missed your time deadline for filing your ovarian talcum powder lawsuit, don’t lose hope.  A well-qualified ovarian talc cancer attorney should be able to analyze the facts of your specific case, advising you on the best way to move forward in pursuit if compensation for your medical expenses, lost wages and your pain and suffering.  If you are a resident of one of the following Tennessee locales who developed ovarian cancer after using Johnson & Johnson baby powder with talc or Shower to Shower with talc for feminine hygiene, you are encouraged to contact a Tennessee baby powder cancer lawyer.

·         Memphis, Tennessee

·         New South Memphis, Tennessee

·         Nashville, Tennessee

·         Knoxville, Tennessee

·         Chattanooga, Tennessee

·         East Chattanooga, Tennessee

·         Clarksville, Tennessee

·         Murfreesboro, Tennessee