Nevada State SOL for Baby Powder Ovarian Cancer Lawsuits
Understanding Talcum Powder Dangers
In 1992, the Journal of Obstetrics and Gynecology published a study which concluded the weekly use of baby powder with talc for feminine hygiene could increase a woman’s risk of developing ovarian cancer threefold. Twenty years’ prior, researchers found talc fibers deeply imbedded in the ovarian tissues of women who had been diagnosed with ovarian cancer. Following the 1992 published study, multiple studies found that talcum powder, when used for feminine hygiene could increase the risk of ovarian cancer as much as 20-40 percent. The Cancer Prevention Coalition asked the FDA in 1994 to require warnings against talc used for feminine hygiene, however the agency said it lacked evidence to require warnings on talcum powder, and Johnson & Johnson refused to issue those warnings voluntarily.
In 1997, a study published in the American Journal of Epidemiology affirmed that talcum powder used in the perineal region contributed to the risk of ovarian cancer. By 1999, Daniel Cramer and several other researchers concluded the use of talcum powder for feminine hygiene could be the cause of as much as 10 percent of ovarian cancers in the United States—as many as 2,000 cases per year. Since ovarian cancer is considered one of the more deadly female reproductive cancers, Cramer considered warnings to women to be essential. It is theorized that talc fibers can migrate up through the vagina, uterus and fallopian tubes, landing in the ovaries. Once in the ovaries, the talc fibers can cause serious inflammation, a well-known pre-cursor to many types of cancer. Women across the nation have many questions regarding talcum powder use and ovarian cancer. Below you will find information regarding the ovarian baby powder cancer state statute of limitations for injuries suffered as a result of the use of talcum powder for feminine hygiene.
Understanding the Nevada Ovarian Baby Powder Cancer State Statute of Limitations
Each state in the U.S. has enacted statutes which allow a specific amount of time in which to file a defective product liability claim. If you fail to file your claim before the statute has expired, a judge will almost certainly dismiss your case, regardless of the merits of your claim, however the statutes, particularly in ovarian baby powder cancer cases, are subject to broad interpretation. While the statutes vary, no state has a statute which is less than one year. Many have enacted a two-year statute of limitations, although some have longer statutes, and some have also added statutes of repose.
The statutes of repose bar any cause of action not brought within a specific time period following a defined “event,” such as when the alleged defective product was initially manufactured, delivered, purchased or sold. Although the statute may be fairly straightforward in some cases—say if you lose a finger due to a defective electric carving knife—in the baby powder ovarian cancer claims the statute is not so clear-cut. In the state of Nevada, an action must be brought within four years of the date on which the injury occurred. The ovarian baby powder cancer state statute of limitations can be very complex, requiring an experienced ovarian talcum powder cancer attorney to help interpret them correctly.
How the Nevada Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
If you are one of the many women who was unaware of the talcum powder dangers and received a diagnosis of ovarian cancer years ago, it is important to remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. This means that there can be many different interpretations of when the statute begins to toll. As an example, your ovarian baby powder cancer state statute of limitations might not begin to toll until you discover your talc cancer injury was caused by Johnson & Johnson.
Your statute might not begin to toll until Johnson & Johnson admits there is a problem with their talc products. It could be that your statute will not begin to toll until the FDA takes action—either issuing a warning about talc products or issuing a recall of talc products. The argument could also be made that the statute will not begin to toll until your injury is “discovered,” meaning a scanning electron microscope imaging study has been done on your ovarian tissues to verify the presence of talc fibers.
If your diagnosis of ovarian cancer was made more than ten years ago, it could be especially problematic, as federal law only requires healthcare institutions to retain tissue samples on hand for ten years, then those tissues are destroyed. If this is your case, it is even more important that you contact an ovarian talcum powder cancer attorney who can send a preservation letter on your behalf, preventing the diagnostic pathology samples from being destroyed. In any case, it can be extremely difficult to determine on your own whether your ovarian baby powder cancer state statute of limitations has run without the assistance of a knowledgeable ovarian baby powder cancer attorney.
Getting Help from a Nevada Ovarian Talcum Powder Cancer Lawyer
If you believe you have missed your time deadline for filing your ovarian talcum powder lawsuit, don’t lose hope. You may be entitled to compensation for your medical expenses, lost wages and pain and suffering, and a well-qualified ovarian talc cancer attorney can analyze the facts of your case, exploring all options on your behalf. If you are a resident of one of the following Nevada locales, you were diagnosed with ovarian cancer and you used Johnson & Johnson baby powder with talc or Shower to Shower, you are encouraged to contact a Nevada ovarian talc cancer attorney.
· Las Vegas, Nevada
· Henderson, Nevada
· Reno, Nevada
· Paradise, Nevada
· North Las Vegas, Nevada
· Sunrise Manor, Nevada
· Spring Valley, Nevada
· Enterprise, Nevada
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.
