New Jersey State SOL for Baby Powder Ovarian Cancer Lawsuits
Studies Regarding Talcum Powder Dangers
Women across the United States have been dismayed to hear of the potential talcum powder dangers for women who have used Johnson & Johnson’s baby powder with talc or Shower to Shower with talc for feminine hygiene. Despite J & J’s claim that talcum powder used for feminine hygiene is perfectly safe, therefore no warnings were necessary, a significant body of research has found differently. From the early 1970’s, when researchers found talc fibers embedded into ovarian tissues taken from women diagnosed with ovarian cancer, study after study has concluded there are potential talcum powder dangers among women using talcum powder for feminine hygiene. Most notably, a 2003 meta-analysis which compiled and reviewed data from 16 prior talcum powder ovarian cancer studies, published in Anticancer Research, found the perineal use of baby powder with talc could potentially increase the risk of ovarian cancer by 33 percent.
The International Agency for Research on Cancer classified talc as a 2B agent in 2006, which means talc is possibly carcinogenic to humans, based on the “remarkably consistent” results of epidemiological studies. Two years later, in 2008, Harvard epidemiologist Dr. Margaret Gates reaffirmed weekly use of talcum powder used for feminine hygiene could increase the risk of ovarian cancer by 33 percent. Even more alarming, Gates claimed daily use of talcum powder for feminine hygiene could increase the risk of ovarian cancer by as much as 41 percent. Finally, in 2010, Dr. Gates and two other Harvard researchers published a study in Cancer Epidemiology, Biomarkers and Prevention reinforcing the notion that baby powder with talc could be carcinogenic to humans.
Understanding the New Jersey Ovarian Baby Powder Cancer State Statute of Limitations
Each state has some variation of a statute of limitations, ranging from one to ten years, with the majority operating under a two-year statute. Some states additionally have statutes of repose, which bar any cause of action which is not brought within a certain period after the occurrence of a defined event, such as the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. In the state of New Jersey, an action must be brought within two years of the date on which the injury occurred. The state of New Jersey has no statute of repose. The ovarian baby powder cancer state statute of limitations can be extremely complex, requiring an experienced ovarian talcum powder cancer attorney to help interpret them correctly.
How the New Jersey Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
There are many women who were unaware of the talcum powder dangers, who were diagnosed with ovarian cancer years ago. If this is true in your case, it is important to remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. This means there may be a wide variation as to when the statute actually begins to toll. Perhaps your statute may not begin to toll until you discover your ovarian talc cancer injury was caused by Johnson & Johnson, or until Johnson & Johnson admits there is an issue with their talc products. Perhaps your statute might not begin to toll until the FDA issues a recall of all talc products or until the FDA issues a warning regarding the risks associated with talcum powder. Finally, your statute might not begin to run until talc fibers are verified in your ovarian tissues through the use of a scanning electron microscope imaging study.
Diagnoses of ovarian cancer made more than ten years ago could be especially problematic, since federal law only requires healthcare institutions to keep tissue samples on hand for ten years, after which they are typically destroyed. If your ovarian talc cancer diagnosis was made more than ten years ago, it is even more important that you contact an ovarian talcum powder cancer attorney. Your attorney can send a preservation letter to the hospital, preventing the diagnostic pathology samples from being destroyed. In the end, it is extremely difficult to determine, on your own, whether your ovarian baby powder cancer state statute of limitations has run without consulting a knowledgeable ovarian baby powder cancer lawyer.
Getting Help from a New Jersey Ovarian Talcum Powder Cancer Attorney
If you believe you may have missed your time deadline for filing your ovarian talcum powder lawsuit, don’t lose hope. Contact a well-qualified ovarian talc cancer attorney who can analyze the facts of your specific case, exploring all options available to pursue compensation for your medical expenses, lost wages and pain and suffering. Further, if you are a resident of one of the following New Jersey locales, were diagnosed with ovarian cancer, and regularly used Johnson & Johnson’s baby powder with talc or Shower to Shower for feminine hygiene, you are encouraged to contact a New Jersey ovarian talcum powder cancer attorney.
· Newark, New Jersey
· Jersey City, New Jersey
· Paterson, New Jersey
· Elizabeth, New Jersey
· Edison, New Jersey
· Toms River, New Jersey
· Trenton, New Jersey
· Clifton, New Jersey
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.
