Utah

Utah State SOL for Baby Powder Ovarian Cancer Lawsuits 

Potential Talcum Powder Dangers

In 1992, the Journal of Obstetrics and Gynecology published a study which concluded the weekly use of baby powder for feminine hygiene could increase a woman’s risk of developing ovarian cancer threefold. This study came after several studies done in the 1970’s and 1980’s, most of which came to the same conclusion. In fact, in 1971, British researchers examined the ovarian tissues from thirteen women who had been diagnosed with ovarian cancer. In ten of those tissue samples, talc fibers were found deeply embedded into the tissues. In 1994, the Cancer Prevention Coalition asked the FDA to require warnings against talc use for feminine hygiene. The FDA declined, stating there was insufficient evidence to require such warnings. Johnson & Johnson refused to issue those warnings voluntarily. After being asked multiple times to look into the potential dangers of talcum powder, the FDA finally conducted its own study, however that study was limited to the dangers of asbestos in talcum powder.

The FDA concluded there was no evidence of asbestos in talc, however failed to consider whether talc fibers could be just as dangerous as asbestos fibers when they migrated to the ovaries, causing inflammation.  In 1997, a study published in the American Journal of Epidemiology affirmed talcum powder used for feminine hygiene could contribute to the risk of cancer. In 1999, Daniel Cramer and several other authors concluded the use of talcum powder for feminine hygiene could be the cause of 10 percent of ovarian cancers in the U.S.—as many as 2,000 cases per year. Women across the nation are anxious—and rightfully so—regarding the risks of talcum powder and ovarian cancer. Information can help lessen this anxiety. For more information regarding your state’s statute of limitations, read below.

Understanding the Utah 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 specific length of time—known as the statute of limitations—in which to file a product liability lawsuit. In this case the product liability lawsuit would be a talcum powder ovarian cancer lawsuit. Some states have also enacted statutes of repose, which bar any cause of action not brought within a specific length of time following the occurrence of a defined event.

Some examples of tolling “events” include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. In the state of Utah, any civil cause of action for a product liability case must be brought within two years of the date on which the injury occurred. These 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 Utah Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits

Many women who received a diagnosis of ovarian cancer many years ago were completely unaware of the potential talcum powder dangers. Applying the discovery rule to baby powder ovarian cancer lawsuits could mean your Utah statute of limitations might begin to toll at any of the following times:

·         When the FDA issues a recall of all talc products;

·         When the FDA issues a warning about the potential risks of talcum powder and ovarian cancer;

·         When Johnson & Johnson admits there is an issue with their talc products;

·         When you discover Johnson & Johnson caused your talc cancer injury, or

·         When your injury is “discovered” through the use of a scanning electron microscope imaging study which detects the presence of talc fibers in your ovarian tissues.

Diagnoses of ovarian cancer made more than ten years ago could be particularly problematic. Federal law only requires healthcare institutions to keep tissue samples on hand for ten years, after which they are typically destroyed. If your diagnosis of ovarian talc cancer was made more than ten years ago, it is even more important that you contact an ovarian talcum powder cancer attorney who can send a preservation letter to the hospital, preventing the diagnostic pathology samples from being destroyed. In other words, 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 time deadline for filing your ovarian talcum powder lawsuit, don’t lose hope. A knowledgeable and experienced baby powder cancer lawyer should be able to work hard on your potential case to help ensure all your deadlines are met in a timely manner. A well-qualified ovarian talc cancer attorney may be able to analyze the facts of your specific case, exploring all the options available to you to pursue compensation for your medical expenses, lost wages and your pain and suffering. If you are a resident of one of the following Utah locales who was diagnosed with ovarian cancer after using Johnson & Johnson’s baby powder with talc or Shower to Shower with talc for feminine hygiene, you are encouraged to contact a Utah ovarian talcum powder cancer attorney.

·         Salt Lake City, Utah

·         West Valley City, Utah

·         Provo, Utah

·         West Jordan, Utah

·         Sandy Hills, Utah

·         Orem, Utah

·         Sandy, Utah

·         Ogden, Utah

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.