Connecticut State SOL for Baby Powder Ovarian Cancer Lawsuits
Talcum Powder Dangers
Women across America are likely feeling considerable anxiety following the first three Johnson & Johnson trials, all of which were decided in favor of the plaintiff. The jury foreman from the second J & J trial—in which the family of Jacqueline Fox sued J & J for wrongful death, claiming that internal J & J documents provided the most incriminating evidence against the pharmaceutical giant, saying “It was really clear they were hiding something.” Just what has Johnson & Johnson been hiding, potentially for decades regarding the link between ovarian cancer and the use of talcum powder for feminine hygiene? J & J denies any safety concerns associated with talcum powder, therefore determining no warnings were required.
The jurors in all three trials appeared to feel differently, particularly in the Fox trial which was decided in February, 2016, and the Ristesund trial, decided in May, 2016. In both cases, jurors awarded large punitive damages–$62 million and $50 million, respectively. Punitive damages are generally awarded when a jury feels the defendant has deliberately caused harm to the plaintiff. A considerable body of research, amassed since the 1970’s, has concluded there is a 30-40 percent increased risk of ovarian cancer among women who regularly use talcum powder for feminine hygiene. Since an estimated 40 percent of American women do use talcum powder almost daily, in the genital region, many, many women may now be at risk of being diagnosed with ovarian cancer.
Understanding the Connecticut Ovarian Baby Powder Cancer State Statute of Limitations
Each state operates under statutes of limitations. These statutes determine the length of time an injured person has to bring a product liability claim against the manufacturer of a dangerous or defective product. Some states specify this time period will begin accruing on the date of the actual injury, others add a statute of repose. A state’s statute of repose will bar a cause of action which is not brought within a specific time period following a defined “event.”
Some of these tolling events include: the date the alleged defective product was initially manufactured, delivered, purchased or sold. Because statutes of limitations and statutes of repose can be very complex, it can be beneficial to have an experience ovarian talcum powder cancer attorney to help you interpret these statutes correctly. The state of Connecticut’s statute of limitations says an action must be brought within three years from the time the injury is discovered—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.
How the Connecticut Statute of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
Perhaps you are one of the many women who was unaware of the dangers associated with talcum powder. If so, you may have received a diagnosis of ovarian cancer many years ago, yet had no idea that diagnosis could be related to the use of talcum powder for feminine hygiene. It is important to remember the discovery rule as it applies to these baby powder ovarian cancer lawsuits. Theoretically, your ovarian baby powder cancer state statute of limitations in the state of Connecticut should not begin to run until one of the following occurs:
· You discover your talc cancer injury was caused by J & J;
· J & J admits there is an issue with their talc products;
· The FDA issues a talcum powder warning;
· The FDA issues a talcum powder recall, or
· You “discover” via a scanning electron microscope imaging study, there are talc fibers present in your ovarian tissues.
The Particular Problems of Ovarian Cancer Diagnoses Made More Than Ten Years Ago
If your diagnosis of ovarian cancer occurred more than ten years ago, you could face additional problems based on the fact that federal law requires healthcare institutions to keep tissue samples only for ten years—after this time period, they are typically destroyed. If this is the true in your case, it is even more important that you contact an ovarian talcum powder cancer attorney who will send a preservation letter on your behalf to prevent destruction of your diagnostic pathology samples. In short, 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 Connecticut Ovarian Talcum Powder Cancer Attorney
A knowledgeable baby powder cancer attorney can work hard on your potential case to help ensure all deadlines are met in a timely manner. If you believe you may have missed your time deadline for filing an ovarian talcum powder claim, don’t lose hope. Contact a talcum powder ovarian cancer attorney as soon as possible in order to explore all options, and pursue compensation for your injuries. You may be entitled to medical expenses, lost wages, and pain and suffering. If you are a resident of one of the following locales in Connecticut and have been diagnosed with ovarian cancer after using Johnson & Johnson baby powder with talc for feminine hygiene, you are encouraged to contact a Connecticut ovarian talcum powder cancer attorney.
· Bridgeport, Connecticut
· New Haven, Connecticut
· Hartford, Connecticut
· Stamford, Connecticut
· Waterbury, Connecticut
· Norwalk, Connecticut
· Danbury, Connecticut
· New Britain, Connecticut
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.
