Early Reports of Talcum Powder Dangers

There were reports of talcum powder dangers as far back as 1971, when British medical researchers detected talc fibers deeply embedded in ten out of thirteen tissue samples from women diagnosed with ovarian cancer. At that time, it was theorized that talc fibers could migrate up through the vagina, uterus and fallopian tubes, finding their way to the ovaries, where they created inflammation—a known precursor to many types of cancer. Following this important research, The Lancet published an article which concluded that “the potentially harmful effects of talc…in the ovary…should not be ignored.” By 1982, the journal Cancer published a study which showed a statistical link between talcum powder, when used for feminine hygiene, and ovarian cancer. The lead author of the Cancer article, Dr. Daniel Cramer, was visited by a senior scientist from Johnson & Johnson who “spent his time trying to convince me that talc use was a harmless habit.”

Following this article, many more studies were done regarding the link between talcum powder used in the perineal area and ovarian cancer, with many of these studies concluding there is a 20-40 percent increased risk of ovarian cancer among women using talcum powder for feminine hygiene. The first Johnson & Johnson trial in 2013 concluded in favor of plaintiff Deane Berg, although no damages were awarded. The second Johnson & Johnson trial concluded in February 2016, in favor of the family of Jacqueline Fox who filed a wrongful death claim on her behalf. The Fox family was awarded $72 million--$10 million in compensatory damages, and $62 million in punitive damages. In the third Johnson & Johnson talcum powder ovarian cancer lawsuit, which concluded in May 2016, plaintiff Gloria Ristesund was awarded $55 million--$5 million in compensatory damages, and $50 million in punitive damages. Johnson & Johnson has denied there are any dangers associated with their talc products and intends to appeal the decisions.

Understanding the Texas Ovarian Baby Powder Cancer State Statute of Limitations

Statutes of limitations refer to the length of time in which a consumer has to bring a lawsuit after being injured by a defective or dangerous product—in this case, a baby powder ovarian cancer lawsuit. Some states have additionally implemented statutes of repose which bar any cause of action which is not brought within a specific time period following the occurrence of a defined event.

Some examples of those tolling events include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. In the state of Texas, an action must be brought within two years of the date on which the injury occurred. The state of Texas has no statute of repose. The statute of limitation is governed by the discovery rule, and can be filled with complexities which can require an experienced ovarian talcum powder cancer attorney to help interpret them collectively. 

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

Women who were diagnosed with ovarian cancer many years ago were likely unaware of the potential talcum powder dangers, therefore should remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. This means that your ovarian baby powder cancer state statute of limitations may not begin to toll until you discover your talc cancer injury was caused by Johnson & Johnson, or when Johnson & Johnson admits there is an issue with their talc products. The argument could also be made that the statute may not begin to toll until the FDA issues a warning or a recall. It could even be that your statute might not begin to toll until a scanning electron microscope imaging study is done on your ovarian tissues to verify whether talc fibers are present.

Most importantly, diagnoses 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 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 on your behalf which will prevent the diagnostic pathology samples from being destroyed. In the end, it can be extremely 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 Texas 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 knowledgeable and experienced baby powder cancer lawyer should be able to work hard on your potential case to help ensure all deadlines are met in a timely manner, exploring all options available to pursue compensation for your medical expenses, lost wages and pain and suffering.  If you are a resident of one of the following Texas locales who was diagnosed with ovarian cancer after using Johnson & Johnson baby powder with talc or Shower to Shower with talc for feminine hygiene purposes, you are encouraged to contact a knowledgeable Texas ovarian talcum powder cancer lawyer. 

·         Houston, Texas

·         San Antonio, Texas

·         Dallas, Texas

·         Austin, Texas

·         Fort Worth, Texas

·         El Paso, Texas

·         Arlington, Texas

·         Corpus Christi, Texas