Kentucky State SOL for Baby Powder Ovarian Cancer Lawsuits
Potential Talcum Powder Dangers
Women across America are increasingly concerned regarding a potential link between talcum powder and ovarian cancer. While the FDA has essentially bowed out of the debate in the United States—claiming the evidence is “inconclusive,” and asserting the agency is not really responsible for potential hazards in cosmetics and personal care items—a consumer group in Malaysia has called for a ban on all talc-based products in that country. The Consumers Association of Penang has called for a talc powder recall, and a ban on any product which contains talc, stating talc has been linked to both respiratory problems and ovarian cancer. Ovarian cancer is the fifth-most-common form of cancer among Malaysian women. Other countries have also been following the three losses for Johnson & Johnson in baby powder ovarian cancer lawsuits; the Canadian subsidiary of J & J now faces a class-action lawsuit regarding the potential link between talcum powder used for feminine hygiene and ovarian cancer.
In early 2016, a Missouri jury ordered J & J to pay $72 million in a wrongful death talcum powder lawsuit brought by the family of Jacqueline Fox, who died of ovarian cancer only months before the trial began. Just a few short months later, a second Missouri jury ordered J & J to pay Gloria Ristesund $55 million in her baby powder ovarian cancer lawsuit. Based on the amount of punitive damages awarded ($62 million and $50 million, respectively) the jurors appeared to believe Johnson & Johnson was well aware of the hazards associated with talcum powder yet failed to warn women. Scientists in the 1970’s found talc fibers deeply imbedded into ovarian tissues taken from women with a diagnosis of ovarian cancer. The theory is that talc fibers can migrate up through the vagina, uterus and fallopian tubes, landing in the ovaries where they create inflammation. If you are like most women, you probably have many questions regarding the entire talcum powder ovarian cancer issue. To find out more, including the statute of limitations for your state, read below.
Understanding the Kentucky Ovarian Baby Powder Cancer State Statute of Limitations
Every state operates under statutes of limitations which govern the length of time a person has in which to file a lawsuit—in this case a product liability lawsuit. The statutes of limitations are governed by the discovery rule, and while all states have statutes of limitations, some also have statues of repose. The statutes of repose bar any cause of action which is not brought within a specific time period, following a defined “event.” 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 Kentucky, an action must be brought within one year of the date on which the injury occurred. Kentucky also has a statute of repose which says if injury, death or property damage does not occur within eight years of the product’s use, then this creates a rebuttable presumption that the product does not contain a defect. While the statute of limitations may sound fairly straightforward, in fact it can be full of complexities, requiring an experienced ovarian talcum powder cancer attorney to help interpret them correctly.
How the Kentucky 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 theory, your ovarian baby powder cancer state statute of limitations should not begin to toll until one of the following occurs:
· You discover your ovarian cancer injury was caused by Johnson & Johnson;
· The FDA issues a recall of all talc products;
· The FDA issues a warning to women regarding the link between ovarian cancer and talcum powder or,
· Talc fibers are discovered in your ovarian tissues, after your diagnosis of ovarian cancer. These talc fibers would be discovered through the use of a scanning electron microscope imaging study.
Further, if your diagnosis of ovarian cancer was made more than ten years ago, you could be facing additional problems. Under federal law, healthcare institutions are only required to keep tissue samples on hand for ten years. After that time, the tissue samples are typically destroyed. If this is true in your case, a knowledgeable ovarian talcum powder cancer attorney can send a preservation letter to the hospital on your behalf, preventing your diagnostic pathology samples from being destroyed.
Getting Help from a Kentucky Ovarian Talcum Powder Cancer Attorney
A knowledgeable baby powder cancer attorney can work hard on your potential case in order to ensure all the deadlines are met. Even if you believe you may have missed an important time deadline for filing your ovarian talcum powder lawsuit, don’t lose hope, rather contact an ovarian talc cancer attorney who can explore all your options, pursuing compensation for your medical expenses, lost wages and pain and suffering and determining if filing a lawsuit is the best decision for you. If you are a resident in one of the following Kentucky locales, and you have been diagnosed with ovarian cancer after using talcum powder for feminine hygiene, you are encouraged to contact a Kentucky ovarian talc cancer attorney.
· Lexington-Fayette, Kentucky
· Meads, Kentucky
· Ironville, Kentucky
· Louisville, Kentucky
· Lexington, Kentucky
· Bowling Green, Kentucky
· Owensboro, Kentucky
· Convington, Kentucky
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.
