Alabama State SOL for Baby Powder Ovarian Cancer Lawsuits
Talcum Powder Dangers – Perhaps you have heard about the potential risks associated with talcum powder, including talcum powder ovarian cancer. Very recently pharmaceutical giant Johnson & Johnson was ordered to pay $55 million to a plaintiff in Missouri who claimed her ovarian talc cancer was the result of using J & J’s baby powder with talc and Shower to Shower with talc. This was the second case within a period of three months in which a jury found J & J liable for a woman’s talc cancer. While talcum powder is most often associated with sweet-smelling babies, as many as 40 percent of women routinely use talcum powder as a part of the daily feminine hygiene routine, sprinkling the talc in the genital area.
While as far back as the 1970’s, there was research which linked talc to ovarian cancer, there have been a number of studies since that time which also made the connection. One study pooled the results of eight research papers and almost 2,000 women. This study found that women who routinely use talc in the genital region could have a 20-30 percent increased risk of ovarian cancer—a particularly aggressive form of talc cancer. Many women are filing their own talcum powder lawsuit, after hearing about the many talcum powder dangers, and perhaps receiving a dismaying diagnosis of talc cancer. Talc is similar to asbestos in some ways, particularly because it contains talc fibers. If those talc fibers can migrate through the uterus and fallopian tubes, into the ovaries, inflammation can occur, and the result of that inflammation can often be ovarian baby powder cancer.
Understanding the Alabama Ovarian Baby Powder Cancer State Statute of Limitations – The ovarian baby powder cancer state statute of limitations refers to the length of time in which an injured person has to file a claim. In the state of Alabama, any civil cause of action for a products liability case must be filed within two years of the time the injury is, or should have been, discovered. This time period is governed by the discovery rule, and every state has some variation in their statute of limitations—some specify the time period starts accruing on the date of the actual injury, others include what is known as the statutes of repose.
The statutes of repose bar any cause of action which is not brought within a certain time period after the occurrence of a defined event. Some examples of tolling “events” include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. These 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 Alabama Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits – In the case of women who were unaware of the talcum powder dangers, and who may have had diagnoses of ovarian cancer years ago, it is important to remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. In other words, your ovarian baby powder cancer state statute of limitations theoretically should not begin tolling until you discovered your talc cancer injury was caused by Johnson & Johnson. The argument might also be made that the statute might not begin to toll until Johnson & Johnson admits there is an issue with their talc products or until the FDA issues a warning or a recall. It could even be noted that you might not actually be able to “discover” your injury until a scanning electron microscope imaging study has been done on your ovarian tissue to verify whether talc fibers are present.
In particular, diagnoses made more than ten years ago can be problematic, due to the fact that federal law only requires healthcare institutions to keep tissue samples on hand for ten years, after which they are typically destroyed. If your diagnosis of ovarian talc cancer was made more than ten years ago, it is even more important that you contact an ovarian talcum powder cancer attorney who can send a preservation letter to the hospital, preventing the diagnostic pathology samples from being destroyed. In other words, it is 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 an Ovarian Talcum Powder Cancer Attorney – When you place your talc cancer case in the hands of our extremely experienced lawyers, we will work hard to ensure all deadlines are met in a timely manner. If you have missed your time deadline for filing your ovarian talcum powder lawsuit, don’t lose hope. We will explore all options available on your behalf to pursue compensation for your medical expenses, lost wages and your pain and suffering. Our attorneys will analyze all the facts of your specific case, then will advise you on the best way to move forward with your ovarian baby powder cancer lawsuit.
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.
