Potential Dangers of Talcum Powder - Many women are feeling frightened and anxious as a result of the recent Johnson & Johnson talcum powder trials, particularly those who used talcum powder on a regular basis, for feminine hygiene purposes. While Johnson & Johnson maintains talc fibers cannot make their way to the ovaries, other studies have had very different findings. In one study done in the 1970’s, pathologists were able to detect talc fibers in the ovarian tissues of women with ovarian cancer. The theory is that the talc fibers migrate through the vagina, uterus, fallopian tubes, and into the ovaries. Once the talc fibers have found their way to the ovaries, they can cause inflammation and irritation. Inflammation is a well-known factor in many types of cancer. Some studies have found a 30-40 percent increase in the risk of ovarian cancer among women who use talcum powder in the genital region.
Three separate Johnson & Johnson trials have found in favor of the plaintiff. In two of those trials the plaintiff, or the plaintiff’s family were awarded $55 million and $72 million, respectively. In the $55 million settlement, $50 million was designated as punitive damages, and in the $72 million settlement, $62 million was designated as punitive damages. This clearly shows the jurors believed Johnson & Johnson was aware of the potential link between talcum powder and ovarian cancer, yet did not warn women about that link. The FDA has repeatedly sidestepped the issue, calling the results of a study conducted by the agency “inconclusive.”
Understanding the Arizona Ovarian Baby Powder Cancer State Statute of Limitations - The state statutes in any case are extremely important, and vary from state to state. The amount of time in which a woman who has developed ovarian cancer after using talcum powder for feminine hygiene has in which to file a claim falls under the statute of limitations. In the state of Arizona, any civil cause of action for a product liability case must be brought within two years from the time the injury is discovered—or should have been discovered. Some states specify the time period starts accruing on the date of the actual injury, while others operate under the statutes of repose as well.
Statutes of repose can bar a cause of action if it is not brought within a certain time period after the occurrence of a defined event. That event could be the date the allegedly defective product was first manufactured, was delivered, purchased or sold. The state of Arizona has enacted a 12-year statute of repose which begins running once the product is first sold. The statute of repose does not apply to actions based on negligence or breach of warranty. Ovarian baby powder cancer statute of limitations in the state of Arizona can be complex. An experienced ovarian cancer talcum powder attorney can be very helpful in helping interpret the statute of limitations as well as the statutes of repose.
How the Arizona Statute of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits - If you are one of the many women who were unaware of the dangers associated with talcum powder, and received a diagnosis of ovarian cancer years ago, the discovery rule is of utmost importance to your future. Theoretically, your ovarian baby powder cancer state statute of limitations should not begin to toll until you were aware your ovarian cancer was directly related to Johnson & Johnson. There is also an argument to be made that the statutes should not begin to toll until the FDA issues a warning or recall, until J & J admits there is a problem with their talc products, or until you have undergone a scanning electron microscope imaging study to verify the presence of talc fibers in your ovarian tissues.
Another problem associated with diagnoses of ovarian cancer made more than ten years ago is the fact that, under federal law, healthcare institutions must only keep tissue samples on hand for a period of ten years, then they are destroyed. If your ovarian cancer diagnosis was made more than a decade ago, it is especially important to have an ovarian baby powder cancer attorney on your team who can send a preservation letter which will prevent those pathology samples from being destroyed.
Getting Help from an Ovarian Talcum Powder Cancer Attorney - Having an experienced ovarian baby powder cancer lawyer working hard on your behalf will ensure all crucial deadlines are properly met. If you believe you may have missed an important time deadline for filing your talcum powder ovarian cancer lawsuit, don’t lose hope. A knowledgeable ovarian talcum powder cancer lawyer can help you explore all the options possible for filing a claim for your injuries. You may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. The specifics of your injuries will be analyzed, and a well-qualified ovarian baby powder cancer attorney can advise you on the best way to move forward with your potential ovarian baby powder cancer lawsuit. Women in the following locales in Arizona who have been diagnosed with ovarian cancer after using J & J talcum powder for feminine hygiene are encouraged to contact an Arizona ovarian baby powder cancer lawyer.
- Phoenix, Arizona
- Tucson, Arizona
- Mesa, Arizona
- Chandler, Arizona
- Glendale, Arizona
- Scottsdale, Arizona
- Tempe, Arizona
- Peoria, Arizona