Rhode Island State SOL for Baby Powder Ovarian Cancer Lawsuits
Potential Talcum Powder Dangers
A significant body of research—as well as the first three Johnson & Johnson talcum powder ovarian cancer lawsuits decided in favor of the plaintiffs—have appeared to conclude that talcum powder, when used for feminine hygiene, can result in an increased risk of ovarian cancer. In the 1970’s, British researchers examined the ovarian tissues of thirteen women diagnosed with ovarian cancer. These researchers found talc fibers deeply embedded in the ovarian tissues of ten of those women. This has led to the theory that when talcum powder is used for feminine hygiene, the talc fibers can migrate up through the vagina, uterus and fallopian tubes, landing in the ovaries. Once in the ovaries, the talc fibers can result in significant levels of inflammation—a well-known precursor to many types of cancer.
In 2003, a meta-analysis, which compiled and reviewed data from 16 prior talcum powder ovarian cancer studies was published in Anticancer Research. This meta-analysis found that the perineal use of baby powder increased the risk of ovarian cancer by 33 percent. In 2006, the International Agency for Research on Cancer classified talc as a 2B agent—“possibly carcinogenic to humans,” based on the consistent results of epidemiological studies. Two years later, Harvard epidemiologist, Dr. Margaret Gates, reaffirmed that weekly use of talcum powder in the perineal area increases the risk of ovarian cancer by 33 percent, and that daily use of J & J Shower to Shower talcum powder increased the risk of ovarian cancer by 41 percent.
Understanding the Rhode Island Ovarian Baby Powder Cancer State Statute of Limitations
When a person suffers personal injury due to a product which is defectively designed or manufactured, the injured person has a set time period, known as the statute of limitations, in which to file a lawsuit. The statutes vary from state to state, and if a claim expires, due to the statute of limitations, and the defendant raises the statute as a defense to the lawsuit, the lawsuit may be barred. Some states also have what are known as statutes of repose, which bar any cause of action not brought within a specific time period, following the occurrence of a defined event.
Examples of those tolling events include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. In the state of Rhode Island, an action must be brought within three years of the date on which the injury occurred. As a general rule, the statute of limitations begins to run from the date of the event which caused the injury, however the statutes can be very complex, and there are exceptions to the rule. Because of this, an experienced ovarian talcum powder cancer attorney can help interpret the statutes correctly.
How the Rhode Island Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
Perhaps you, like most women who were diagnosed with ovarian cancer, were completely unaware of the talcum powder dangers. If so, it is important that you remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. This means that your statute of limitations should theoretically not begin to toll until you discover your talc cancer injury was caused by Johnson & Johnson. Or perhaps your statute should not begin to run until Johnson & Johnson admits there is a problem with their talc products. It could be that your statute should not begin to run until the FDA steps in, and either decides to issue a recall of talc products or a warning regarding the risks of talcum powder and ovarian cancer. It could even be noted that you might not actually be able to discover your injury until the presence of talc fibers are verified through the use of a scanning electron microscope imaging study.
Diagnoses of ovarian cancer which were made more than ten years ago can be especially problematic, since federal law only requires healthcare institutions to keep tissue samples on hand for ten years, after which they are usually destroyed. If you are one of those women whose ovarian talc cancer diagnosis was made more than ten years ago, it can be particularly important for you to contact an experienced ovarian baby powder cancer lawyer who can send a preservation letter on your behalf to prevent the destruction of your pathology samples. It can be especially difficult to determine on your own whether your Rhode Island 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 Rhode Island Ovarian Talcum Powder Cancer Attorney
If you believe you have missed your time deadline for filing your ovarian talcum powder lawsuit, don’t lose hope. A well-qualified ovarian talc cancer attorney could analyze all the facts of your specific case, advising you on the best way to move forward with your potential ovarian baby powder cancer lawsuit. If you are a resident of one of the following Rhode Island locales who was diagnosed with ovarian cancer after using Johnson & Johnson baby powder with talc or Shower to Shower with talc, you are encouraged to contact a Rhode Island ovarian talcum powder cancer attorney.
· Providence, Rhode Island
· Warwick, Rhode Island
· Cranston, Rhode Island
· Pawtucket, Rhode Island
· East Providence, Rhode Island
· Woonsocket, Rhode Island
· Coventry, Rhode Island
· Cumberland, Rhode Island
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.
