Questions Regarding Talcum Powder Dangers
Following earlier studies which linked the use of talcum powder used for feminine hygiene to ovarian cancer, the Journal of Obstetrics and Gynecology published a study in 1992 which concluded the weekly use of baby powder for feminine hygiene could increase a woman’s risk of developing ovarian cancer threefold. Two years later, the Cancer Prevention Coalition asked the FDA to require warnings against talc used for feminine hygiene, however the agency said it lacked evidence to require warnings, and J & J refused to issue those warnings voluntarily. In 1997, an American Journal of Epidemiology reaffirmed that talcum powder used for feminine hygiene could contribute to the risk of ovarian cancer. By 1999, Daniel Cramer, along with several other authors, concluded the use of talcum powder for feminine hygiene could be the cause of as many as 10 percent of all ovarian cancers across the United States.
This means that, according to this study, as many as 2,000 cases of ovarian cancer each year can be tied to the use of talcum powder for feminine hygiene. More studies followed, most of which concluded the same link between talcum powder used in the perineal area and ovarian cancer. Since those studies were published, more than 1,2000 talcum powder ovarian cancer lawsuits have been filed against Johnson & Johnson, and the first three talcum powder ovarian cancer lawsuits were decided in favor of the plaintiffs. While Johnson & Johnson continues to maintain that talcum powder is perfectly safe to use in the perineal region and that they will appeal the decisions against the pharmaceutical giant, more and more evidence points to a definitive link between ovarian cancer and the use of talcum powder for feminine hygiene.
Understanding the South Carolina Ovarian Baby Powder Cancer State Statute of Limitations
When a person suffers an injury as a result of a defectively designed or manufactured, the injured person has a specific period of time in which to file a lawsuit. This period of time is known as the statute of limitations. All states in the United States have a statute of limitations, ranging from one year to ten years. Some states additionally have what is known as statutes of repose, which bar any cause of action which is not brought within a specific length of time 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 South Carolina, an action must be brought within three years of the date on which the injury occurred. South Carolina has no statute of repose. While the statutes appear to be fairly straightforward, in fact they have a multitude of complexities which could require an experienced ovarian talcum powder cancer attorney to help interpret those statutes correctly.
How the South Carolina Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
The statutes can be particularly complex for women who were diagnosed with ovarian cancer years ago, and were unaware of the talcum powder dangers. As an example, will your statute begin to toll when you discover Johnson & Johnson was the cause of your talc injury, when Johnson & Johnson admits there is a problem with their talc products or when the FDA issues a recall of talc products or a warning about the link between talcum powder used for feminine hygiene and ovarian cancer? Or perhaps your statute of limitations should not begin to toll until the presence of talc fibers in your ovarian tissues are found through the use of a scanning electron microscope imaging study.
If your ovarian cancer diagnosis was made more than ten years ago, you could face additional hurdles, due to the fact that federal law only requires healthcare institutions to keep tissue samples on hand for ten years. After that time, those tissue samples are usually destroyed. If you are in this position, then it is even more important that you contact an ovarian talcum powder cancer attorney who will send a preservation letter on your behalf, requesting that your pathology samples be retained. It can be very 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 attorney.
Getting Help from a South Carolina 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. Contact a talcum powder ovarian cancer lawyer as soon as possible to explore all options available to pursue compensation for your medical expenses, lost wages and your pain and suffering. If you are a resident of one of the following South Carolina locales who was diagnosed with ovarian cancer and who used Johnson & Johnson baby powder with talc or Shower to Shower with talc, you are encouraged to contact a South Carolina ovarian talcum powder cancer attorney.
· Columbia, South Carolina
· Charleston, South Carolina
· North Charleston, South Carolina
· Mt. Pleasant, South Carolina
· Rock Hill, South Carolina
· Greenville, South Carolina
· Summerville, South Carolina
· Sumter, South Carolina