Michigan State SOL for Baby Powder Ovarian Cancer Lawsuits
Potential Talcum Powder Dangers Ignored by FDA
Millions of women across the United States may be living with significant levels of anxiety and fear, following the recent focus on talcum powder dangers. Despite a significant body of research which has found a link between talcum powder used for feminine hygiene and ovarian cancer, the FDA has so far refused to get involved. Stating there is insufficient evidence to prove a potential link between talcum powder and ovarian cancer, the agency has also said that by virtue of how often talcum powder is used, making such a connection could shake up the consumer market.
In fact, talcum powder is likely to be found in a large percentage of American households, and it is estimated that at least 40 percent of women use talcum powder for feminine hygiene purposes, whether dusting in the perineal area, or using the talcum powder on sanitary napkins, tampons or diaphragms. For generations, talcum powder has been used to treat diaper rash in babies, to combat dry skin and yeast infections and to feel fresh and clean. It is believed by some researchers that talc fibers can migrate up through the vagina, uterus and fallopian tubes, landing in the ovaries where they create inflammation. Once in the ovaries, the talc fibers behave in a similar manner as asbestos fibers which can cause inflammation in a person’s lungs.
As far back as 1972, Barry Castleman, a public health officer for the Baltimore County Health Department, requested that the FDA investigate potential talc dangers. A month later, the FDA responded to Castleman’s request by saying he must prove the product was a threat before the agency would take any action. When the request was made again, the FDA responded by saying no FDA approval was needed by the manufacturers of cosmetic products and ingredients prior to marketing. This inaction on the part of the FDA, as well as the first three J & J talcum powder ovarian cancer trials which ended in favor of the plaintiffs, have made women across the nation fearful for their own health.
Understanding the Michigan Ovarian Baby Powder Cancer State Statute of Limitations
Statute of limitations dictate how long a person has, following an injury, to bring a lawsuit against the defendant. In the case of ovarian baby powder cancer, a product liability case would be filed. The states vary in how long they allow, and some states also have statutes of repose, which bar any cause of action which is not brought within a certain time period following the occurrence of a specified event. Some examples of statute of repose tolling events, include the date on which an alleged defective product was first manufactured, delivered, purchased or sold.
In the state of Michigan, an action must be brought within two years of the date on which the injury occurred. If a product has been in use for more than 10 years, then liability cannot be based on strict liability. Strict liability—sometimes known as absolute liability—is the legal responsibility for damages or injury, even if the person found strictly liable was not negligent. This means that injured plaintiffs have to prove the product caused harm, but are not responsible for showing exactly how the manufacturer may have been careless. As you will see below, the statute of limitations can be extremely complex, requiring an experienced ovarian talcum powder cancer attorney to help interpret them correctly.
How the Michigan Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
You may wonder how the statutes can be so difficult to interpret in ovarian baby powder cancer lawsuits. Many women who were totally unaware of the talcum powder dangers, may have been diagnosed with ovarian cancer many years ago. So, the question is, when does the statute begin to toll for these women? Does the statute begin to toll when a woman discovers her ovarian cancer was caused by Johnson & Johnson? Does the statute begin to toll when the FDA either issues a warning about talcum powder dangers, or issues a recall of all talc products?
Should the statute begin to toll when Johnson & Johnson finally admits there is a problem with their talc products? Or should all women have their statute of limitations begin to toll when a scanning electron microscope imaging study verifies the presence of talc fibers in their ovarian tissues? As you can see, when the statute actually begins to toll can make a huge difference in whether a woman is allowed to file a lawsuit against Johnson & Johnson, receiving compensation for medical expenses, lost wages and pain and suffering.
In particular, ovarian cancer diagnoses which were made more than ten years ago can be especially problematic. This is due to the fact that federal law only requires healthcare institutions to keep tissue samples on hand for ten years. After that period of time, those tissues samples are usually destroyed. If your diagnosis of ovarian talc cancer was made more than ten years ago, it is extremely important that you contact an ovarian talcum powder cancer attorney who will send a preservation letter on your behalf, stopping the destruction of your pathology samples.
Getting Help from a Michigan Ovarian Talcum Powder Cancer Attorney
Having a knowledgeable baby powder cancer attorney by your side will ensure all the deadlines for your potential case will be met in a timely manner. If you believe you may have missed an important deadline for filing your ovarian talcum powder lawsuit, don’t lose hope. Contact a qualified ovarian talc cancer attorney who can thoroughly analyze the facts of your specific case, advising you on the best way to move forward with your potential ovarian baby powder cancer lawsuit. Further, if you are a resident of one of the following Michigan locales, you have been diagnosed with ovarian cancer and you regularly used Johnson & Johnson’s baby powder with talc or Shower to Shower, you are encouraged to contact a Michigan ovarian talc cancer attorney.
· Detroit, Michigan
· Grand Rapids, Michigan
· Warren, Michigan
· Sterling Heights, Michigan
· Lansing, Michigan
· Ann Arbor, Michigan
· Flint, Michigan
· Clinton Township, Michigan
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.
