Virginia State SOL for Baby Powder Ovarian Cancer Lawsuits
Talcum Powder Dangers
Suspicions about talc and ovarian cancer go back more than four decades. In 1971, British researchers analyzed thirteen ovarian tumors under a microscope, finding talc particles deeply embedded in ten of those. Since that time, more than 20 epidemiological studies have found increased rates of ovarian cancer among women who use talcum powder for feminine hygiene.
Although Johnson & Johnson marketed a baby powder which contained cornstarch instead of talc in 1970, the company continued to aggressively market baby powder with talc and Shower to Shower with talc. In 2012, although J & J refused to comment about the reasons for the action, the North American marketing rights to Shower to Shower were sold to Valeant Pharmaceuticals. In 1982, the journal Cancer, published the first of numerous reports of a statistical link between the use of talcum powder for feminine hygiene and ovarian cancer.
Later, in 1999, Cramer, along with several other co-authors said talc use could be the cause of about 10 percent of ovarian cancers in the U.S.—as many as 2,000 cases per year. Many studies followed, yet Johnson & Johnson refused to place a warning on their talc products, saying the results of their own studies were inconclusive. The first three J & J trials ended in wins for the plaintiffs, and there remain more than 1,200 pending lawsuits against Johnson & Johnson. These events have left thousands of women uncertain about their health and their future, looking for answers. For answers to your questions regarding the Washington ovarian baby powder cancer state statute of limitations, read below.
Understanding the Virginia Ovarian Baby Powder Cancer State Statute of Limitations
Every state in the United States has statutes of limitations which dictate the length of time a victim of product liability injury has in which to file a lawsuit. In addition to statutes of limitations, some states have also added statutes of repose, which bar any course of action which is not brought within a certain time period following the occurrence of a defined event. Some examples of these tolling events include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. In the state of Virginia, an action must be brought within two years of the date on which the injury occurred. The state of Virginia has no statute of repose. The statute of limitations is governed by the discovery rule and can be extremely complex, requiring an experienced ovarian talcum powder cancer attorney to help interpret them correctly.
How the Virginia Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
Many women who were diagnosed with ovarian cancer years ago were unaware of the talcum powder dangers which may have contributed to their diagnosis. It is important to remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. This means that, in theory, your ovarian baby powder cancer state statute of limitations should not begin to toll until one of the following occurs:
· Your statute might not begin to toll until you discover your talc injury was caused by Johnson & Johnson;
· Your statute might not begin to toll until Johnson & Johnson admits there is an issue with their talc products;
· The FDA issues a recall for all products containing talc;
· The FDA issues a warning regarding the link between ovarian cancer and talcum powder, used for feminine hygiene, or
· The presence of talc fibers is 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 problematic since federal law only requires healthcare institutions to keep tissue samples on hand for ten years—after this time those tissue samples are typically destroyed. If your diagnosis of ovarian talc cancer was made more than ten years ago, it is especially important that you contact an ovarian talcum powder cancer attorney. Your attorney will send a preservation letter to the hospital, preventing your tissue samples from being destroyed. It can be difficult to determine on your own, whether your ovarian baby powder cancer state statute of limitations has run, without the help of an experienced ovarian baby powder cancer attorney.
Getting Help from a Virginia Ovarian Talcum Powder Cancer Attorney
If you believe you may have missed your time deadline for filing your ovarian talcum powder lawsuit, it is important that you not lose hope. A knowledgeable ovarian talc cancer attorney could be able to analyze the facts of your case, advising you on the best way to move forward with your potential case in order to ensure all deadlines are met. All options can be explored in pursuit of compensation for your medical expenses, lost wages, and pain and suffering. If you are a resident of one of the following Virginia locales, who was diagnosed with ovarian cancer after using Johnson & Johnson baby powder with talc or Shower to Shower with talc for feminine hygiene, you are encouraged to contact a Virginia ovarian talcum powder cancer attorney.
· Virginia Beach, Virginia
· Norfolk, Virginia
· Chesapeake, Virginia
· Arlington, Virginia
· Richmond, Virginia
· Newport News, Virginia
· East Hampton, Virginia
· Alexandria, Virginia
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.
