North Dakota State SOL for Baby Powder Ovarian Cancer Lawsuits
Information on Talcum Powder Dangers
There is a considerable amount of information regarding the potential dangers of talcum powder used for feminine hygiene and the development of ovarian cancer. Thus far, however, the FDA has done their best to stay out of the talcum powder debate, saying the agency has no jurisdiction over cosmetics, and that the evidence regarding the issues is inconclusive. The FDA has been asked to take action regarding talc use as far back as 1972, when a public health officer of Baltimore County Health Department, Barry Castleman, requested that the agency investigate the potential dangers of talcum powder.
The FDA responded by telling Castleman he must prove talcum powder was a threat before they would take action. When the request was repeated, the FDA stated that manufacturers of cosmetic products were not required to obtain FDA approval prior to marketing. Later, Cancer Prevention Coalition asked the FDA to require warnings against talc use for feminine hygiene. The FDA again said it lacked evidence, and J & J refused to issue the warnings voluntarily. Under pressure from several different directions, the FDA finally contracted a Maryland lab to examine 34 talc samples to determine whether they were contaminated with asbestos. Since there were no traces of asbestos in the samples, the agency deemed the product safe.
Yet, scientific research backs up the theory that when talcum powder is used for feminine hygiene, microscopic talc fibers can enter the body through the vagina, traveling up through the uterus and the fallopian tubes to land in the ovaries, where they cause inflammation. Some liken this process to how asbestos fibers fester inside a victim’s lungs. Of course the entire issue is a frightening one for women who have regularly used Johnson & Johnson’s baby powder with talc or Shower to Shower with talc for feminine hygiene. For more information regarding your state’s statute of limitations for a talcum powder ovarian cancer lawsuit, read below.
Understanding the Alabama Ovarian Baby Powder Cancer State Statute of Limitations
The statutes of limitations govern the amount of time in which a plaintiff has to bring a lawsuit—in this case, a product liability baby powder ovarian cancer lawsuit. Some states also have statutes of repose which bar any cause of action which is not brought within a certain period of time, following the occurrence of a defined event. Examples of those events include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. In the state of North Dakota, an action must be brought within 10 years from the date of the initial purchase or within 11 years of the date of manufacture.
If you fail to file your ovarian cancer lawsuit before your statute of limitations expires, your claim will almost certainly be barred, no matter how good your claim against Johnson & Johnson might be. While some product liability cases are very straightforward—cutting off your finger with a defective electric knife—the ovarian cancer baby powder cases are not nearly so straightforward. As an example, does you statute begin to toll once you discover your injury was caused by Johnson & Johnson, once the FDA issues a warning regarding talcum powder, once the FDA issues a recall for talc products or once Johnson & Johnson admits there is a problem with their talc products?
Perhaps your statute might not begin to toll until you discover your injury through a scanning electron microscope imaging study which verifies the presence of talc fibers in your ovarian tissues. As you can see, 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.
If your diagnosis of ovarian cancer was made more than ten years ago, you may face additional hurdles. This is due to the fact that healthcare institutions only keep tissue samples on hand for ten years. After this period of time the samples are typically destroyed. If this is true in your case, an experienced ovarian talcum powder cancer attorney can send a preservation letter to the hospital, preventing your tissue samples from being destroyed. In short, it is extremely difficult to determine on your own whether your ovarian baby powder cancer state statute of limitations has run, without the help of a knowledgeable ovarian baby powder cancer lawyer.
Getting Help from an Ovarian Talcum Powder Cancer Attorney
If you believe you have missed your statutory time limit for filing your ovarian talcum powder lawsuit, don’t lose hope. Contact a talcum powder ovarian cancer lawyer as soon as possible to explore all your options for pursuing compensation for your medical expenses, lost wages and pain and suffering. If you are a resident of one of the following North Dakota locales, you have been diagnosed with ovarian cancer, and you routinely used Johnson & Johnson baby powder with talc or Shower to Shower with talc for feminine hygiene, you are encouraged to contact a North Dakota ovarian talcum powder cancer lawyer.
· Fargo, North Dakota
· Bismarck, North Dakota
· Grand Folks, North Dakota
· Minot, North Dakota
· West Fargo, North Dakota
· Mandan, North Dakota
· Dickinson, North Dakota
· Jamestown, North Dakota
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.
