Oregon State SOL for Baby Powder Ovarian Cancer Lawsuits

Does the FDA Believe There are Talcum Powder Dangers?

Throughout the entire talcum powder debate, the FDA has been repeatedly asked to issue warnings regarding the risk of ovarian cancer among women who use talcum powder for feminine hygiene. The FDA has skirted the issue, saying it lacked sufficient evidence to require warnings on talc products, and asserting it has no control over cosmetics and personal products. It appears that a significant body of research has found there are potential risks associated with the use of talcum powder when used for feminine hygiene. In the 1970’s British researchers found talc fibers deeply embedded in the ovarian tissues of women who were diagnosed with ovarian cancer. Several studies which followed, came to the conclusion that there was a definite link between ovarian cancer and the use of talcum powder in the perineal area.

 

In 1994, the Cancer Prevention Coalition asked the FDA to require warnings against talc used for feminine hygiene. Both the FDA and Johnson & Johnson refused to issue such warnings. In 1997 a study published in the American Journal of Epidemiology affirmed talcum powder, when used for feminine hygiene, could contribute to the risk of ovarian cancer. In 1999, Dr. Daniel Cramer and several other authors, concluded the use of talcum powder used in the perineal area could be the cause of 10 percent of ovarian cancers in the United States—as many as 2,000 per year. Cramer reiterated that warnings should be provided to women regarding the use of talcum powder for feminine hygiene. With the first three Johnson & Johnson trials ending in favor of the plaintiffs, and 1,200 more talcum powder trials pending, it appears there is significant evidence to warrant warnings against the use of talcum powder for feminine hygiene.

 

Understanding the Oregon Ovarian Baby Powder Cancer State Statute of Limitations

All states operate under statutes of limitations, which govern the amount of time a plaintiff has in which to file a lawsuit—in this case, a product liability talcum powder ovarian cancer lawsuit. In addition to statutes of limitations, some states also have statutes of repose which bar any cause of action which is not brought within a certain time period after 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 Oregon, an action must be brought within two years of the date on which the injury occurred. The state of Oregon has also enacted an eight-year statute of repose. These ovarian baby powder cancer state statute of limitations can be extremely complex, requiring an experienced ovarian talcum powder cancer attorney to help interpret the statutes correctly.

 

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

Perhaps you, like many other women across the United States, received your ovarian cancer diagnosis many years ago, and were unaware of the 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 injury was caused by Johnson & Johnson;

·         Johnson & Johnson admits there is a problem with talc products;

·         The FDA issues a warning regarding talcum powder dangers;

·         The FDA issues a recall of all talc products, or

·         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 which were made more than ten years ago may be especially problematic. Federal law requires healthcare institutions to only keep tissue samples on hand for ten years, after which they are 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 on your behalf, preventing the diagnostic pathology samples from being destroyed. In the end, it could be extremely difficult to determine on your own whether your ovarian baby powder cancer state statute of limitations has run, without the assistance of a knowledgeable ovarian baby powder cancer attorney.

 

Getting Help from an Oregon 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 should be able to analyze 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 Oregon 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 an Oregon ovarian baby powder cancer attorney.

 

·         Portland, Oregon

·         Eugene, Oregon

·         Salem, Oregon

·         Gresham, Oregon

·         Hillsboro, Oregon

·         Beaverton, Oregon

·         Bend, Oregon

·         Medford, Oregon

 

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