Dangers Associated with Talcum Powder - By now, most people have heard about the Johnson & Johnson talcum powder lawsuits. Women who have been diagnosed with ovarian cancer, who used J & J baby powder with talc or Shower to Shower, may be wondering whether their use of talcum powder for feminine hygiene was a factor in their diagnosis. Women who have not been diagnosed with ovarian cancer, but who have regularly used talcum powder for feminine hygiene may now be anxious about receiving a diagnosis of ovarian cancer. Although Johnson & Johnson asserts there are no ovarian cancer risks associated with the use of talcum powder in the genital region, many other studies have concluded otherwise.
It appears that jurors have been more swayed by those studies than from a large corporation’s claim their product offers no risk to consumers. The first J & J talcum powder trial was heard in 2013. The jury found in favor of the plaintiff, although no damages were awarded. The second J & J trial concluded in February, 2016, with a Missouri jury finding in favor of the family of Jacqueline Fox in their wrongful death lawsuit. The Fox family was awarded $72 million--$10 million in compensatory damages, and $62 million in punitive damages.
Just a few short months later, another Missouri jury awarded plaintiff Gloria Ristesund $55 million--$5 million in compensatory damages and $50 million in punitive damages. Ristesund was diagnosed with ovarian cancer in 2011, and was later forced to undergo a complete hysterectomy along with treatment for ovarian cancer. It is estimated that as many as 40 percent of women across the United States routinely use talcum powder as a part of their normal feminine hygiene routine. Several studies have found that women who use talcum powder in the genital region for extended periods of time may have a 30-40 percent higher risk of developing ovarian cancer.
Understanding the Alaska Ovarian Baby Powder Cancer State Statute of Limitations - Statutes of limitations refer to the amount of time the victim of a defective or dangerous product has in which to bring a claim for damages. This period of time is governed by the discovery rule. States across the United States have some variations in their statutes—while some include a statute of repose, others specify the time period in their statute of limitations begins accruing on the date of the actual injury. In this case, the Alaska state statute of limitations for women who have been diagnosed with talcum powder ovarian cancer is two years from the time the injury was discovered, or should have been discovered.
Statutes of repose bar causes of action which are not brought within a specific time period following the occurrence of a defined event. Some of these events which cause the statutes to begin to toll, include the date an alleged defective or dangerous product was sold, purchased, delivered or manufactured. The Alaska statute of limitations regarding ovarian baby powder cancer can be complex, requiring a knowledgeable ovarian talcum powder cancer attorney who can help interpret these statutes correctly.
How the Alaska Statute of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits - For those women who received a diagnosis of ovarian cancer many years ago—and who may have been completely unaware of the potential dangers associated with talcum powder—the discovery rule, as it applies to baby powder ovarian cancer lawsuits, is particularly important. In theory, your specific Alaska statute of limitations should not begin to toll until the time you discovered your talcum powder injury was the result of Johnson & John’s baby powder with talc or Shower to Shower with talc.
It could also be possible that your Alaska state statute of limitations might not begin to toll until the time Johnson & Johnson admits their talc products may be unsafe for women to use for feminine hygiene. Those statutes might not begin to toll until the FDA issues a talcum powder warning or a talcum powder recall. Finally, the statutes might not begin to toll in your case until your injury is actually discovered, via a scanning electron microscope imaging study. This type of study would determine whether talc fibers are present in your ovarian tissues.
Problematic Ovarian Cancer Diagnoses - If your diagnosis of ovarian cancer was made more than ten years ago, you could be facing an additional problem in that federal law requires healthcare institutions to keep tissue samples on hand only for ten years. After that time the tissue samples are generally destroyed. If this is your situation, it is even more important that you contact an ovarian talcum powder cancer attorney who can immediately send a preservation letter to your hospital, effectively preventing the destruction of your pathology samples. In the end, it can be extremely difficult to determine, on your own, whether your ovarian baby powder cancer statutes in the state of Alaska have run, without the help of a knowledgeable ovarian baby powder cancer attorney.
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 - With a knowledgeable, experienced baby powder cancer attorney working hard on your behalf, all the crucial deadlines will be met for your potential case. If you believe you may have missed an important deadline for filing your ovarian talcum powder lawsuit, don’t give up hope—contact a talcum powder ovarian cancer attorney as soon as possible in order to fully explore every option available to you for pursuing compensation for your injuries. You may be entitled to compensation for medical expenses, lost wages, and pain and suffering.
A highly-qualified ovarian talc cancer attorney will be able to analyze the facts surrounding your case, then advise you on the best way to make a claim for your injuries related to talcum powder. If you are a woman who lives in one of the following locales in Alaska, and have been diagnosed with ovarian cancer after using Johnson & Johnson baby powder with talc for feminine hygiene, you are encouraged to contact an Alaska ovarian talcum powder cancer attorney.
- Anchorage, Alaska
- Fairbanks, Alaska
- Juneau, Alaska
- Sitka, Alaska
- Ketchikan, Alaska
- Wasilla, Alaska
- Kenai, Alaska
- Kodiak, Alaska