Arkansas State SOL for Baby Powder Ovarian Cancer Lawsuits
Talcum Powder Dangers – You, like many women, may be confused about the conflicting reports associated with talcum powder’s potential link to ovarian cancer. If you are one who looks to the FDA for definitive answers, you are likely to be disappointed by the fact the FDA has taken no preventative measures or issued any warnings to women. Thus far, the FDA has maintained there is insufficient evidence regarding the risk of ovarian cancer for women who use talcum powder for feminine hygiene. It is of interest to note that the FDA also said that by virtue of how often talcum powder is used across America, making such a connection could “seriously shake up the consumer market”.
Despite the FDA’s refusal to take a stand and Johnson & Johnson claiming there is no scientific evidence to prove a link between ovarian cancer and talcum powder, numerous studies have found vastly conflicting evidence. In fact, many large scientific studies have concluded there is a 30-40 percent higher risk of a woman developing ovarian cancer when she regularly uses talcum powder for feminine hygiene purposes. Baby powder is a staple in American households, both for its original intended use—babies’ diaper rash—and for the 40 percent of women who use baby powder with talc in the genital region. Two cases resolved in 2016 which were filed against Johnson & Johnson were resolved in favor of the plaintiffs.
The family of Jacqueline Fox were awarded $72 million in the wrongful death claim they brought against J & J, and Gloria Ristesund was awarded $55 million in the personal injury claim she brought against J & J. A significant portion of those awards were designated as punitive damages–$62 million in one, and $50 million in the other. This indicates that jurors in the cases felt J & J was aware of the potential risks, yet failed to warn women. It is theorized that talc fibers can travel through the vagina, uterus and fallopian tubes, landing in the ovaries where they create inflammation—a well-known contributor to many types of cancer.
Understanding the Arkansas Ovarian Baby Powder Cancer State Statute of Limitations – One of the most important issues associated with filing a talcum powder ovarian cancer lawsuit concerns the ovarian baby powder cancer state statute of limitations. This refers to the length of time in which a woman injured by talcum powder has to file a claim. Each state has some variation of a statute of limitations. Some states specify that the time period will begin accruing on the date the injury is incurred—in this case, the date ovarian cancer was diagnosed—while others include a statue of repose which bars any cause of action not brought within a specified time period following the occurrence of a defined “event.” Some examples of tolling events include:
- The date the alleged defective product was initially manufactured;
- The date the alleged defective product was delivered;
- The date the alleged defective product was purchased, or
- The date the alleged defective product was sold.
The statutes of limitations in the state of Arkansas specify that an action must be brought within three years from time the injury is—or should have been—discovered. There are no statutes of repose in the state of Arkansas. The ovarian baby powder cancer statute of limitations in Arkansas can be complex, requiring an experienced ovarian baby powder cancer attorney to help interpret them.
How the Arkansas Statute of Limitations Applies to Talcum Powder Ovarian Cancer Lawsuits – If you were one of the many women who were unaware of the potential dangers associated with talcum powder, and you received a diagnosis of ovarian cancer years ago, your attorney can explain the discovery rule as it applies to baby powder ovarian cancer lawsuits. In theory, your Arkansas statute of limitations should not begin tolling until the time:
- You discovered your injury was caused by Johnson & Johnson;
- Johnson & Johnson admits there is an issue with their talc products;
- The FDA issues a warning;
- The FDA issues a recall, or
- A scanning electron microscope imaging study is done on your ovarian tissues, verifying talc fibers are present.
Problems with Ovarian Cancer Diagnoses Made More than Ten Years Ago – If your ovarian cancer diagnosis was made more than ten years ago, you could be facing additional hurdles. Federal law only requires healthcare institutions to keep tissue samples for ten years. After that time, they are usually destroyed. An experienced ovarian talcum powder cancer attorney can send a preservation letter, on your behalf, to prevent your diagnostic pathology samples from being destroyed. Because it can be very difficult to determine on your own whether your ovarian baby powder cancer state statute of limitations has run, it can be beneficial to speak to a knowledgeable ovarian baby powder cancer attorney.
Getting Help from an Ovarian Talcum Powder Cancer Attorney – A qualified baby powder cancer attorney can work to ensure all deadlines in your claim are met. If you believe you may have missed your time deadline for filing your Arkansas ovarian talcum powder claim, don’t lose hope. Your attorney can explore all options available to you in order to receive compensation for your medical expenses, lost wages, and pain and suffering. The facts of your case will be analyzed, then your ovarian talcum powder cancer attorney can advise you on the best way to move forward. If you are a woman living in one of the following Arkansas locales, and you were diagnosed with ovarian cancer after using Johnson & Johnson talcum powder for feminine hygiene, you are encouraged to contact an Arkansas ovarian talcum powder cancer attorney:
- Little Rock, Arkansas
- Fort Smith, Arkansas
- Fayetteville, Arkansas
- Jonesboro, Arkansas
- North Little Rock, Arkansas
- Conway, Arkansas
- Rogers, Arkansas
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.
