Nebraska State SOL for Baby Powder Ovarian Cancer Lawsuits
How Serious are the Reported Talcum Powder Dangers?
According to the American Cancer Society, about 22,280 women will receive a new diagnosis of ovarian cancer this year, and about 14,240 women will die from the disease. Depending on which statistics you believe, ovarian cancer either ranks fourth or fifth for cancer deaths among women, accounting for more deaths than any other cancer of the female reproductive system. A woman’s lifetime risk of being diagnosed with ovarian cancer is one in 75, while the same woman’s lifetime chances of dying from ovarian cancer is 1 in 100. Ovarian cancer generally strikes women who are 63 years or older, and is more common among white women than African Americans. The recent media coverage of the Johnson & Johnson talcum powder trials has brought the issue of ovarian cancer to the attention of many people.
Women who have either already received a diagnosis of ovarian cancer and wonder whether their use of talcum powder is to blame, or women who have routinely used talcum powder for feminine hygiene and are now worried about their risk of developing ovarian cancer are likely feeling very anxious. Despite coming out on the losing end of the first three talcum powder trials, J & J continues to deny there are any dangers associated with their talc products. In 2003, a meta-analysis which compiled and reviewed data from 16 prior talcum powder ovarian cancer studies was published in Anticancer Research. The end result of this meta-analysis was a finding that the use of talcum powder for feminine hygiene increased the risk of ovarian cancer by 33 percent. Three years later, the International Agency for Research on Cancer, classified talc as a 2B agent—“possibly carcinogenic to humans,” based on the consistent results of a number of epidemiological studies.
Understanding the Nebraska Ovarian Baby Powder Cancer State Statutes of Limitations
The statutes of limitations are an extremely important part of any product liability talcum powder ovarian cancer lawsuit. The statutes dictate there is a specific time limit for plaintiffs to file a lawsuit against the manufacturer of a defective or dangerous product which caused injury. The statutes vary from state to state, and some states have additional enacted statutes of repose which bar any cause of action which is not brought within a specific time period following the occurrence of a defined event.
Some examples of these events include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. In the state of Nebraska, an action must be brought within four years of the date on which the injury occurred. Nebraska has also enacted a statute of repose which begins to run from the date in which a product is first sold. The ovarian baby powder cancer state statute of limitations can be very complex, requiring an experienced ovarian talcum powder cancer attorney to help interpret the statute correctly.
How the Nebraska Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
Because the findings of the studies which found a link between talcum powder and ovarian cancer were not widely publicized, and because the FDA and Johnson & Johnson refused to issue any type of warning regarding the use of talcum powder for feminine hygiene, most women were unaware of the talcum powder dangers. Women who were diagnosed with ovarian cancer years ago should remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. The complexities of the statute of limitations lie in the interpretation of when that statute begins to run. It could be determined that the ovarian baby powder cancer state statute of limitations should not begin to run until a woman discovers her talc cancer injury was caused by Johnson & Johnson.
The argument could also be made that the statute should not begin to toll until Johnson & Johnson admits there is an issue with their talc products. Perhaps the ovarian baby powder cancer state statute of limitations should not begin to run until the FDA issues a warning regarding talcum powder and ovarian cancer or a recall of all talc products. Finally, the statute might not begin to run until it is verified that talc fibers are present in a woman’s ovarian tissues through the use of a scanning electron microscope imaging study.
Getting Help from an Ovarian Talcum Powder Cancer Attorney
It is extremely important that all your statute deadlines be met; a knowledgeable, experienced baby powder cancer lawyer can work hard on your potential case, analyze the facts, explore the options and advise you on the best way to move forward with your potential ovarian baby powder cancer lawsuit. If you believe you have missed your time deadline for filing your ovarian talcum powder lawsuit, don’t lose hope. Contact a talcum powder ovarian cancer lawyer as soon as possible. Residents of the following locales in Nebraska who developed ovarian cancer after using talcum powder for feminine hygiene are encouraged to contact a Nebraska ovarian talcum powder lawyer.
· Omaha, Nebraska
· Lincoln, Nebraska
· Bellevue, Nebraska
· Grand Island, Nebraska
· Kearney, Nebraska
· Fremont, Nebraska
· Hastings, Nebraska
· North Platte, Nebraska
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.
