Talcum Powder Dangers

If you are a woman who has been diagnosed with ovarian cancer, you may wonder, in light of the recent focus on the risk of talcum powder, whether your diagnosis was related to the use of talcum powder for feminine hygiene. A significant number of studies have concluded there is a link between talcum powder use in the perineal area and ovarian cancer—some say there is a 20-40 percent increased risk. The first three talcum powder ovarian cancer lawsuits against Johnson & Johnson resulted in decisions in favor of the plaintiff. Deane Berg was the first to file a lawsuit against Johnson & Johnson, reportedly turning down a $1.3 million settlement offer, in order to go to trial and bring attention to the issue. The jury found in favor of Berg, but in a puzzling decision, awarded no damages.

The second Johnson & Johnson baby powder ovarian cancer lawsuit was decided in February 2016, in favor of the family of Jacqueline Fox, who filed a wrongful death lawsuit against J & J after Mrs. Fox died of ovarian cancer shortly before the trial was slated to begin. The Missouri jury awarded the Fox family $72 million--$10 million in compensatory damages, and $62 million in punitive damages. Less than three months later, another Missouri jury awarded Gloria Ristesund $55 million--$5 million in compensatory damages, and $50 million in punitive damages. All three women in these cases said they had used Johnson & Johnson baby powder with talc and Shower to Shower with talc for feminine hygiene, for a period of 30-40 years. Many of the studies showed a clear dose-response, meaning the longer and more often talcum powder was used, the higher the risk of developing ovarian cancer. You may have many questions about the talcum powder-ovarian cancer link. Below, you can find information regarding the statute of limitations for filing a product liability lawsuit in your state.

Understanding the Montana Ovarian Baby Powder Cancer State Statute of Limitations

Each state operates under statutes of limitations—time limits under which a person may bring a lawsuit against another person or party. In this case, the statute of limitations applies to product liability ovarian baby powder cancer lawsuits. Some states additionally have statutes of repose, which bar any cause of action which is not brought within a certain time period, following the occurrence of a defined event.

Some of these tolling events include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. The time period is governed by the discovery rule, and each state has some variation in their statute of limitations. The Montana statute of limitations dictates that an action must be brought within three years of the date on which the injury occurred. While this sounds fairly straightforward, the statutes can be quite complex, requiring an experienced ovarian talcum powder cancer attorney to help correctly interpret them.

How the Montana Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits

Perhaps you, like many other women across the United States, had no knowledge of the potential talcum powder dangers. It is important to remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. This means your ovarian baby powder cancer state statute of limitations should theoretically not begin to toll until you discover your talc cancer injury was caused by Johnson & Johnson. The argument could also be made that your statute should not begin to toll until the FDA issues a talc recall or issues a warning regarding the dangers associated with talc. It could also be that your statute should not begin to run until Johnson & Johnson admits there is a problem with their talc products, or until your injury is discovered through a scanning electron microscope imaging study which verifies the presence of talc fibers in your ovarian tissues.

Women whose diagnosis of ovarian cancer was made more than ten years ago could also face problems since federal law only requires healthcare institutions to keep tissue samples on hand for ten years. After this period of time, the tissue samples are typically destroyed. If your diagnosis of ovarian cancer was made more than ten years ago, it is particularly important that you contact an ovarian talcum powder cancer attorney who can send a preservation letter to the hospital, preventing your pathology samples from being destroyed.

Getting Help from a Montana Ovarian Talcum Powder Cancer Attorney

A knowledgeable and experienced baby powder cancer lawyer can work hard on your potential case to help ensure all deadlines are met in a timely manner. 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 can analyze the facts of your case, exploring all options available to pursue compensation for your medical expenses, lost wages, and pain and suffering. Residents of the following Montana locales who were diagnosed with ovarian cancer and who used Johnson & Johnson baby powder with talc or Shower to Shower, are encouraged to contact a Montana ovarian baby powder cancer attorney.

·         Billings, Montana

·         Missoula, Montana

·         Great Falls, Montana

·         Bozeman, Montana

·         Butte, Montana

·         Butte-Silver Bow, Montana

·         Helena, Montana

·         Kalispell, Montana