Are There Talcum Powder Dangers?

In 1971, British medical researchers detected talc fibers deeply imbedded in the ovarian tissues of women diagnosed with ovarian cancer. The researchers theorized that after the women used talcum powder in the perineal area for a significant length of time, the talc fibers would migrate up through the vagina, uterus and fallopian tubes, burrowing into the ovaries. Once in the ovaries, the talc fibers could create inflammation—a well-known precursor to many different types of cancer. Also in the 1970’s, The Lancet published an article which stated “The potentially harmful effects of talc…in the ovary…should not be ignored.” In 1982, the journal Cancer published a study showing a statistical link between talcum powder used for feminine hygiene and ovarian cancer.

Soon after, the lead author of the journal article, Dr. Daniel Cramer, was visited by a senior scientist from Johnson & Johnson who apparently spent his time attempting to convince Cramer that the use of talc was a harmless habit. Multiple studies, as well as a meta-analysis in 2003 of a number or prior studies, all concluded that the use of talcum powder for feminine hygiene could increase a woman’s risk of ovarian cancer as much as 20-40 percent. Both the FDA and Johnson & Johnson have maintained these studies are inconclusive, and that there is no known harm associated with talcum powder, when used for feminine hygiene. Despite this, Johnson & Johnson has been on the losing end of the first three lawsuits against the pharmaceutical giant, when jurors found in favor of Deane Berg in 2013, the family of Jacqueline Fox in February 2016 and for plaintiff Gloria Ristesund in May 2016.

Understanding the South Dakota Ovarian Baby Powder Cancer State Statute of Limitations

Any time a person has suffered a personal injury which is the result of a product which has been defectively designed or manufactured, that person has a specific window of time in which to file a lawsuit—in this case, a product liability baby powder ovarian cancer lawsuit. The statutes of limitations vary from state to state, ranging from one year to ten years. Additionally, some states have statutes of repose as well. The statutes of repose bar any cause of action which is not brought within a certain time period after 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 Dakota, an action must be brought within three years of the date on which the injury occurred. The state of South Dakota has also enacted a six-year statute of repose, which begins to run after purchase. While they may sound fairly straightforward, the statutes can be difficult to interpret, requiring a knowledgeable ovarian talcum powder cancer attorney to properly interpret the statutes.  

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

Many women across the United States received their diagnosis of ovarian cancer many years ago, and may have been totally unaware their ovarian cancer was the result of a dangerous product, like talcum powder. It is important to remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. This means that, theoretically, your ovarian baby powder cancer state statute of limitations should not begin to toll until you discover your talc cancer injury was caused by Johnson & Johnson. The argument could be made that the statute might not begin to toll until the FDA issues a warning or a recall, or until Johnson & Johnson admits there is an issue with their talc products. It could also be that your statute might not begin to toll until a scanning electron microscope imaging study has been done on your ovarian tissue to verify whether talc fibers are present.

In particular, diagnoses made more than ten years ago could be problematic, due to the fact that 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. Contact a well-qualified ovarian talc cancer attorney who could analyze the facts of your specific case, exploring all options available in order to meet your time deadlines and pursue compensation for your medical expenses, lost wages and pain and suffering. If you are a resident of one of the following South Dakota locales, who was diagnosed with ovarian cancer after using Johnson & Johnson’s baby powder with talc or Shower to Shower with talc for personal hygiene, you are encouraged to contact a South Dakota ovarian talcum powder cancer attorney.

·         Sioux Falls, South Dakota

·         Rapid City, South Dakota

·         Aberdeen, South Dakota

·         Brookings, South Dakota

·         Watertown, South Dakota

·         Mitchell, South Dakota

·         Yankton, South Dakota

·         Pierre, South Dakota