Mississippi State SOL for Baby Powder Ovarian Cancer Lawsuits
Potential Talcum Powder Dangers
Dr. Daniel Cramer, a professor at Harvard Medical School, was one of the first researchers to report on the potential link between talcum powder and ovarian cancer. Although Cramer’s work was published in the early 1980’s, it received very little attention. Since that time, a significant number of studies have found a definitive link between talcum powder used for feminine hygiene and ovarian cancer risk. Some of those studies concluded there was a 30-40 percent higher risk of ovarian cancer among women who used talcum powder for feminine hygiene than in those who did not. Since it is estimated that some 40 percent of women across the U.S. routinely use talcum powder in the perineal area, these are alarming statistics. Some of these studies indicated a dose-response effect among premenopausal women, especially those who were overweight, and among postmenopausal women who used hormone replacement therapy.
Dose-response means the longer a woman uses talcum powder for feminine hygiene purposes, or the more applications of talc over time, the higher the risk. Researchers know that talc is an inflammatory agent, and believe talc fibers can migrate up through the vagina, uterus and fallopian tubes, ending up in the ovaries where they cause inflammation. The first three Johnson & Johnson talcum powder ovarian cancer lawsuits ended in favor of the plaintiffs. Johnson & Johnson has said they will appeal these decisions, and that talcum powder is perfectly safe to use for feminine hygiene purposes. If you are one of the many women feeling anxious and frightened regarding the potential link between talcum powder use for feminine hygiene and ovarian cancer, it is important to have your questions thoroughly answered. Below you will find information regarding your state’s statute of limitations for filing a product liability lawsuit against Johnson & Johnson.
Understanding the Mississippi Ovarian Baby Powder Cancer State Statute of Limitations
Statutes of limitations vary from state to state, and are in place in order to set a specific time limit from the time the injury occurred for the plaintiff to file a lawsuit—in this case, a product liability ovarian baby powder cancer lawsuit. Some states also have statutes of repose, which bar a cause of action not brought within a specific time period following the occurrence of a defined event. That defined event could be the date on which an alleged defective product was first manufactured, delivered, purchased or sold. In the state of Mississippi, an action must be brought within two years of the date on which the injury occurred. Mississippi has no statute of repose. The statute of limitations can be extremely complex, requiring an experienced ovarian talcum powder cancer attorney in order to correctly interpret the statutes.
How the Mississippi Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
Perhaps you are one of the many women who were unaware of the talcum powder dangers, and who received an ovarian cancer diagnosis many years ago. If so, it is important to remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. While your ovarian baby powder cancer state statute of limitations might theoretically not begin to toll until you discover your talc cancer injury was caused by Johnson & Johnson, there are other issues to consider. The argument could be made that your statute should not begin to toll until the FDA issues a warning regarding the dangers of talc products, until the FDA issues a recall of all talc products, or until Johnson & Johnson admits there is an issue with their talc products. It might be that your injury could not reasonably be discovered until talc fibers have been found in your ovarian tissues through the use of a scanning electron microscope imaging study.
Most particularly, diagnoses which were made more than ten years ago could bring additional hurdles, although these hurdles are not insurmountable. Federal law only requires healthcare institutions to keep tissue samples on hand for ten years, after which they are typically destroyed. If you received your diagnosis of ovarian cancer more than ten years ago, it is important to speak to an ovarian talcum powder cancer attorney who can send a preservation letter to the hospital, preventing your tissue samples from being destroyed.
While it can be extremely difficult to determine on your own whether your ovarian baby powder cancer state statute of limitations has run, a knowledgeable ovarian baby powder cancer attorney can help. Even if you believe you have missed your time deadline for filing your ovarian talcum powder lawsuit, don’t lose hope. A talcum powder ovarian cancer attorney can analyze the facts of your case, and explore all the options available to pursue compensation for your medical expenses, lost wages and pain and suffering. If you are a resident of one of the following Mississippi locales, you were diagnosed with ovarian cancer, and you used Johnson & Johnson baby powder with talc or Shower to Shower with talc, you are encouraged to contact a Mississippi ovarian talcum powder cancer attorney.
· Jackson, Mississippi
· West Gulfport, Mississippi
· Gulfport, Mississippi
· Southaven, Mississippi
· Hattiesburg, Mississippi
· Biloxi, Mississippi
· Meridian, Mississippi
· Tupelo, Mississippi
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.
