Maine

Maine State SOL for Baby Powder Ovarian Cancer Lawsuits 

Talcum Powder Dangers Associated with Ovarian Cancer

Talcum powder dangers have been acknowledged as far back as the 1970’s. While findings were contested by Johnson & Johnson medical director, Dr. Hildick-Smith, a publication in the journal The Lancet, cautioned women that “the potentially harmful effects of talc…in the ovaries…should not be ignored.” Two decades later, these cautionary words were reiterated, in an Obstetrics and Gynecology publication which concluded women who frequently used talcum powder for feminine hygiene increased the likelihood of developing ovarian cancer by three times. Many more solid scientific research articles have documented the risk of developing ovarian cancer when talcum powder is used for feminine hygiene purposes.

In 2003, Anticancer Research published a meta-analysis, which concluded women who used talcum powder for feminine hygiene had a 33 percent higher risk of developing ovarian cancer. African American women, in particular, have a higher rate of talcum powder use for feminine hygiene than other races, and the rate of ovarian cancer among African American women as well as women of all races over the age of 65 has sharply increased. Between 14,000 and 16,000 women across the United States will not live after a diagnosis of ovarian cancer, making it the fourth most fatal cancer among women. Estimates show that as many as 40 percent of all women routinely use talcum powder in the genital region, whether directly, or through diaphragms, tampons or sanitary pads dusted with talcum powder.

It is theorized that talc fibers can migrate up through the vagina, uterus and fallopian tubes, landing in the ovaries where they cause significant inflammation—a well-known precursor to many types of cancer. These studies, coupled with the first three Johnson & Johnson talcum powder ovarian cancer trials which ended in favor of the plaintiffs, have left women across the United States anxious about their health. For more information regarding the statute of limitations for baby powder ovarian cancer lawsuits, read on. 

Understanding the Maine Ovarian Baby Powder Cancer State Statute of Limitations

The statutes of limitations apply to both civil and criminal actions and, in the case of a product liability claim, such as the talcum powder ovarian cancer lawsuits, these statutes give a specific time frame in which to file the lawsuit. If the lawsuit is not filed within that specified period of time, the plaintiff may be barred forever from recovering compensation for injuries. A state statute of limitations would not be considered constitutional if it immediately curtailed an existing remedy, or provided so little time that the individual was deprived of the reasonable opportunity to file a lawsuit. Every state has a specific statute, which varies from state to state, and some states also have statutes of repose.

The statutes of repose can bar a cause of action if it is not brought within a specific time period, following the occurrence of a defined “event,” such as the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. In the state of Maine, there is no statute of repose, however the statute of limitations in the state dictate that an action must be brought within six years of the date on which the injury occurred. While that may seem fairly straightforward, in fact, the statute of limitations can be extremely complex as it relates to ovarian baby powder cancer, and requires an experienced ovarian talcum powder cancer attorney to help interpret the statutes correctly.

How the Maine Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits

As an example of the complex nature of the statute of limitations, consider the following. Should your statute begin to toll when you discover your talc cancer injury was caused by Johnson & Johnson? Perhaps it should begin to toll when the FDA either issues a warning regarding talcum powder or issues a recall of all talc products. Or, maybe your statute of limitations should begin when Johnson & Johnson finally admits there is an issue with their talc products. Or, finally, perhaps your statute should begin to toll when a scanning electron microscope imaging study is done on your ovarian tissues to verify the existence of talc fibers. As you can see, the statutes are not so simple in these talcum powder cases.

Additional problems may exist if you received your diagnosis of ovarian cancer more than ten years ago. Federal law only requires healthcare institutions to retain tissue samples for ten years, after which they are usually destroyed. If you received your ovarian cancer diagnosis more than ten years ago, it is especially important that you have an ovarian talcum powder cancer attorney who can send a preservation letter on your behalf to the hospital, preventing your diagnostic pathology samples from being destroyed. In the end, it can be very difficult to determine on your own whether your Maine ovarian baby powder cancer state statute of limitations has run without a well-qualified ovarian talc cancer attorney by your side. 

Getting Help from an Ovarian Talcum Powder Cancer Attorney

Having an experienced, knowledgeable ovarian talc cancer lawyer who will work hard on your potential case to ensure all deadlines are met can set your mind at ease. Even if you believe you have missed your window of opportunity for filing your ovarian talcum powder lawsuit, don’t lose hope. Contact a talcum powder ovarian cancer attorney at the first opportunity, in order to explore your options regarding pursuing compensation for your medical expenses, lost wages and pain and suffering. The specific facts of your case will be thoroughly analyzed, then you will be advised on the best way to move forward with your potential ovarian baby powder cancer lawsuit. If you are a resident of one of the following Maine locales, and received a diagnosis of ovarian cancer after using talcum powder for feminine hygiene, you are encouraged to contact a Maine ovarian talc cancer attorney.

·         Portland, Maine

·         Lewiston, Maine

·         Bangor, Maine

·         West Scarborough, Maine

·         South Portland, Maine

·         South Portland Gardens, Maine

·         Auburn, Maine

·         Biddeford, Maine

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.