Delaware State SOL for Baby Powder Ovarian Cancer Lawsuits
Potential Dangers of Talcum Powder
Most women have now heard about potential talcum powder dangers, most specifically, the risk of developing ovarian cancer among women who have used talcum powder for feminine hygiene purposes. The first three Johnson & Johnson talcum powder ovarian cancer lawsuits ended in verdicts in favor of the plaintiffs. In 2013, Deane Berg prevailed in her J & J talcum powder trial, although no damages were awarded. In February, 2016, the family of Jacqueline Fox were awarded $72 million in a wrongful death talcum powder case–$10 million in compensatory damages and $62 million in punitive damages. In May, 2016, Gloria Ristesund was awarded $55 million–$5 million in compensatory damages, and $50 million in punitive damages. It seems clear that jurors believed Johnson & Johnson not only was aware of the potential risks of talcum powder when used in the genital region, but did nothing to warn women of those risks.
Since about 40 percent of American women say they regularly use talcum powder for feminine hygiene, the issue is a serious one. Dr. Daniel Cramer, a Harvard Medical School professor, pioneered the research on the link between talcum powder and ovarian cancer. Cramer’s work was first published in the 1980’s, receiving little attention. Since that time, a significant number of epidemiological studies have made the association between the regular use of talcum powder in the genital area and ovarian cancer. Some of these studies found regular use of talcum powder for feminine hygiene could increase a woman’s overall risk of ovarian cancer by as much as 30-40 percent. Talc is an inflammatory agent, and it is theorized that talc fibers can migrate up through the vagina, uterus and fallopian tubes, landing in the ovaries, where inflammation is created, disrupting the immune system.
Understanding the Delaware Ovarian Baby Powder Cancer State Statute of Limitations
Statutes of limitations dictate how much time a plaintiff has to file a product liability claim—in this case for injuries caused by J & J talcum powder. The statutes vary from state to state, and, in addition, some states also have statutes of repose which bar any cause of action not brought within a specific time period, following the occurrence of a defined event. These events can include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold.
The state of Delaware has no statute of repose, and as far as the statute of limitations in the state, an action must be brought within two years from the time the injury is discovered, or should have been discovered. While this sounds fairly straightforward, in fact, these statutes can be extremely complex, requiring a knowledgeable ovarian talcum powder cancer lawyer to help interpret them correctly.
How the Delaware Statute of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
Perhaps you received your diagnosis of ovarian cancer years ago. If this is true, it is important to remember the discovery rule as it applies to potential baby powder ovarian cancer lawsuits, such as yours. In theory, your baby powder cancer state statute of limitations in the state of Delaware should not begin tolling until one of the following occurs:
· You discover your ovarian cancer was the result of J & J’s talcum powder;
· The FDA issues a warning regarding the risk of talcum powder and ovarian cancer;
· The FDA issues a recall of talcum powder due to the risk of ovarian cancer;
· Johnson & Johnson admits there is an issue with their talc products, or
· It is verified, through a scanning electron microscope imaging study, that talc fibers are present in your ovarian tissues.
Ovarian cancer diagnoses made more than ten years ago could be particularly problematic. Federal law requires healthcare institutions to keep tissue samples on hand for only ten years, after which they are typically destroyed. If your ovarian cancer diagnosis occurred more than ten years ago, contacting an ovarian talcum powder cancer attorney who can send a preservation letter to prevent your pathology samples from being destroyed is very important. In the end, it can be extremely difficult to determine whether your Delaware ovarian baby powder cancer state statute of limitations has run without the help of an experienced ovarian baby powder cancer attorney.
Getting Help from Your Delaware Ovarian Talcum Powder Cancer Attorney
If you want to ensure all deadlines in your potential talcum powder claim are met in a timely manner, it could be beneficial for a knowledgeable baby powder cancer attorney to explore all your options. You may be entitled to compensation in the form of medical expenses, lost wages and pain and suffering, after a well-qualified ovarian talc cancer attorney analyzes the facts of your case, then advises you of your options. If you are a female resident of one of the following Delaware locales, and were diagnosed with ovarian cancer after using talcum powder for feminine hygiene, you are encouraged to contact a Delaware ovarian baby powder cancer lawyer.
· Wilmington, Delaware
· Dover, Delaware
· Newark, Delaware
· Middletown, Delaware
· Smyrna, Delaware
· Seaford, Delaware
· Georgetown, Delaware
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.
