West Virginia State SOL for Baby Powder Ovarian Cancer Lawsuits

Potential Talcum Powder Dangers

Women across the United States may be anxious and stressed regarding the potential dangers of talcum powder. As far back as the 1970’s, studies found a link between ovarian cancer and the use of talcum powder for feminine hygiene. In 1997, a study published in the American Journal of Epidemiology affirmed that talcum powder, when used for feminine hygiene purposes, could contribute to the risk of ovarian cancer. Two years later, Dr. Daniel Cramer, along with several other authors, concluded that the use of talcum powder for feminine hygiene could be the cause of ten percent of all diagnoses of ovarian cancers across the nation—as many as 2,000 cases per year. At that time, Cramer and his co-authors claimed warnings should be provided to women regarding the potential dangers of talcum powder. In 2003, a meta-analysis which compiled and reviewed data from 16 prior talcum powder ovarian cancer studies was published in Anticancer Research.

 

This meta-analysis found that the perineal use of baby powder with talc could increase the risk of ovarian cancer by 33 percent. By 2006, the International Agency for Research on Cancer, classified talc as a 2B agent—“possibly carcinogenic to humans,” based on the consistent results of epidemiological studies. As the results of the studies began to come to light, more and more women came forward to file baby powder ovarian cancer lawsuits against Johnson & Johnson for injuries suffered. The first three lawsuits ended with decisions in favor of the plaintiffs. The second lawsuit, a wrongful death claim brought by the family of Jacqueline Fox, ended with a $72 million award--$10 million for compensatory damages, and $62 million for punitive damages. Gloria Ristesund, the plaintiff in the third J & J talcum powder ovarian cancer lawsuit, was awarded $55 million--$5 million in compensatory damages, and $50 million in punitive damages.

 

Understanding the West Virginia Ovarian Baby Powder Cancer State Statute of Limitations

States across the United States all have statutes of limitations, which govern the specific amount of time in which a plaintiff has to file a claim following an injury from a dangerous or defective product. These statutes range from one year to ten years. Additionally, some states have implemented statutes of repose, which bar any cause of action not brought within a certain time period after a defined event occurs.  Some examples of tolling “events” include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. In the state of West Virginia, an action must be brought within two years of the date on which the injury occurred. West Virginia has no statutes of repose. The ovarian baby powder cancer state statute of limitations can be extremely complex, requiring an experienced ovarian talcum powder cancer attorney to help interpret them correctly.  

 

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

There are many women who were diagnosed with ovarian cancer a number of years ago, who were unaware of the potential talcum powder dangers. These women must remember the discovery rule as it applies to baby powder ovarian cancer, when determine when their statute begins to toll. The statute could begin to toll at any of the following times:

 

·         Your statute may begin to toll when you discover your talc cancer injury was caused by Johnson & Johnson;

·         Your statute may begin to toll when Johnson & Johnson finally admits there is a problem with their talc products;

·         Your statute may begin to toll when the FDA issues a warning regarding the link between talcum powder used for feminine hygiene and ovarian cancer;

·         Your statute may begin to toll when the FDA actually issues a recall for talc products, or

·         Your statute may begin to toll when the presence of talc fibers in your ovarian tissues are verified through the use of a scanning electron microscope imaging study. 

 

 As you can see, it can be extremely difficult to determine on your own whether your ovarian baby powder cancer state statute of limitations has run, without the assistance of an experienced ovarian baby powder cancer attorney.

 

Getting Help from a West Virginia Ovarian Talcum Powder Cancer Attorney

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 all the facts of your specific case, advising you on the best way to move forward. Contact a talcum powder ovarian cancer lawyer as soon as possible to explore all options available to pursue compensation for your medical expenses, lost wages, and pain and suffering. If you are a resident of one of the following West Virginia locales and you were diagnosed with 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 West Virginia ovarian talcum powder cancer lawyer.

 

·         Charleston, West Virginia

·         Huntington, West Virginia

·         Parkersburg, West Virginia

·         Morgantown, West Virginia

·         Wheeling, West Virginia

·         Weirton, West Virginia

·         Weirton Heights, West Virginia

·         Fairmont, West Virginia

 

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