Maryland State SOL for Baby Powder Ovarian Cancer Lawsuits
Talcum Powder Dangers Denied by Johnson & Johnson
Jury verdicts for the first three Johnson & Johnson talcum powder ovarian cancer lawsuits have left women across the United States anxious about their health. Women who have already received a diagnosis of ovarian cancer may now be wondering whether that diagnosis is tied to their use of talcum powder for feminine hygiene. Women who have not been diagnosed with ovarian cancer may be wondering about their risks of developing the disease if they have routinely used talcum powder for feminine hygiene. The first Johnson & Johnson baby powder ovarian cancer lawsuit was decided in 2013, when a jury found in favor of South Dakota resident Deane Berg, but in a puzzling decision, awarded her no damages.
In early 2016, the wrongful death trial on behalf of Jacqueline Fox also ended in an award for the plaintiffs in the amount of $72 million–$10 million in compensatory damages, and $62 million in punitive damages. A few short months later, plaintiff Gloria Ristesund was awarded $55 million–$5 million in compensatory damages and $50 million in punitive damages—by a Missouri jury. Johnson & Johnson has continued to maintain their talc products are safe, and has said they will appeal the decisions.
As far back as the 1970’s, researchers found deeply embedded talc fibers in ovarian tissues taken from women with diagnosed ovarian cancer. It was theorized that the talc fibers migrated up through the vagina, uterus and fallopian tubes, finding their way to the ovaries, where they created inflammation—a well-known factor in many types of cancers. The research has consistently shown that talcum powder, when used for feminine hygiene, can increase the risk of ovarian cancer from 20-40 percent.
Understanding the Maryland Ovarian Baby Powder Cancer State Statute of Limitations
State statutes of limitations set forth the time period in which a baby powder cancer case can be filed, and vary from state to state. The time period allowed is governed by the discovery rule, and while some states specify the time period will begin to accrue on the date of the actual injury, others also include statutes of repose. These statutes of repose bar any cause of action which is not brought within a specified time period, following the occurrence of a defined event, which could include the date on which the alleged defective product was first manufactured, delivered, purchased or sold. While Maryland has no statute of repose, the state statute of limitations dictates that an action must be brought within three years of the date on which the injury occurred. Unfortunately, without the help of an experienced ovarian talcum powder cancer attorney, it can be difficult to correctly interpret the statute.
How the Maryland Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
Perhaps you are a woman who was unaware of the dangers associated with talcum powder, and who received a diagnosis of ovarian cancer many years ago. If so, it is important to remember the discovery rule as it applies to your potential baby powder ovarian cancer lawsuit. Theoretically, your Maryland statute of limitations should not begin to toll until one of the following has occurred:
· You realize your ovarian talc cancer injury was caused by Johnson & Johnson;
· You undergo a scanning electron microscope imaging study which verifies the presence of talc fibers in your ovarian tissues;
· Johnson & Johnson admits there is an issue with their talcum powder;
· The FDA issues a warning regarding the potential risks of using talcum powder for feminine hygiene and the subsequent development of ovarian cancer, or
· The FDA issues a recall for all talc products.
Any of these arguments could potentially be made, however if you received a diagnosis of ovarian cancer more than ten years ago, you may face additional hurdles. Under federal law, healthcare institutions are only required to retain tissue samples for ten years. After this period of time, those tissue samples are usually destroyed. If your diagnosis of ovarian cancer was made more than ten years ago, it is especially important that you contact an experienced ovarian talcum powder cancer attorney who will send a preservation letter on your behalf to your hospital, which will effectively prevent your pathology samples from being destroyed. As you can see, it can be very difficult on your own, to determine whether your statute of limitations has run, without the assistance of a knowledgeable ovarian talc cancer attorney in your corner.
Getting Help from a Maine Ovarian Talcum Powder Cancer Attorney
A well-qualified ovarian talc cancer attorney should be able to analyze all the facts of your potential ovarian talcum powder cancer case, advising you of the best way to proceed, and ensuring your deadlines are all met in a timely manner. Even if you believe you may have missed your window of opportunity for filing an ovarian talcum powder lawsuit, don’t lose hope. You may be entitled to compensation for your medical expenses, lost wages and pain and suffering related to your talcum powder ovarian cancer injuries. In particular, if you are a resident of one of the following Maryland locales who has received a diagnosis of ovarian cancer after using Johnson & Johnson baby powder with talc or Shower to Shower, you are encouraged to contact a Maryland ovarian talc cancer lawyer.
· Baltimore, Maryland
· Columbia, Maryland
· Germantown, Maryland
· Silver Spring, Maryland
· Waldorf, Maryland
· Glen Burie, Maryland
· Ellicott City, Maryland
· Frederick, Maryland
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.
