California State SOL for Baby Powder Ovarian Cancer Lawsuits

Talcum Powder Dangers

As those who have been keeping up with the recent Johnson & Johnson baby powder trials are aware, there are certain talcum powder dangers for women who use talcum powder for feminine hygiene, therefore may have an increased risk of ovarian cancer. Despite coming out on the losing end of the first three ovarian talcum powder cancer trials, Johnson & Johnson continues to maintain their baby powder with talc and Shower to Shower with talc are perfectly safe. Several scientific studies have come to a different conclusion—that women who use talcum powder for feminine hygiene could have as much as a 30-40 percent increased risk of developing ovarian cancer. Since studies have also found that as many as 40 percent of women across the United States routinely use talcum powder for feminine hygiene, the potential dangers of talcum powder are a serious issue.

 

Some forty years ago scientists looked at the tissues taken from thirteen women who had been diagnosed with ovarian cancer. Talc fibers were found in nine of those tissue samples. It is theorized that talc fibers can migrate up through the vagina, uterus and fallopian tubes, finding their way to the ovaries where they cause significant levels of inflammation. Since inflammation is a well-known precursor to many types of cancer, these talc fibers could be responsible for an increased risk of ovarian cancer. Ovarian cancer is generally diagnosed late, meaning there is less chance for a favorable outcome following treatment. If you are a woman who has already been diagnosed with ovarian cancer, and you routinely used J & J talcum powder for feminine hygiene, or if you have used J & J talcum powder for feminine hygiene and are worried about your risk of developing ovarian cancer, read on for important information.

 

Understanding the California Ovarian Baby Powder Cancer State Statute of Limitations

The length of time in which the victim of talcum powder ovarian cancer has to file a claim is known as the statute of limitations. These statutes vary from state to state, although most states operate under a two-year statute of limitations for product liability cases. Some states also incorporate statutes of repose as well, which bar any cause of action not brought within a specific time period following the occurrence of a “defined event.” Examples of these “events” include:

 

·         The date the alleged defective product was initially manufactured;

·         The date the alleged defective product was initially delivered;

·         The date the alleged defective product was initially purchased, or

·         The date the alleged defective product was initially sold.

 

In the state of California, an action for product liability must be brought within two years from the time the injury is, or should have been, discovered. California has no statutes of repose for product liability cases. The statute of limitations can become very complex, due to the fact that there are many variations governing the statutes. An experienced ovarian talcum powder cancer attorney can help interpret the California statute of limitations correctly.

 

How the California Statute of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits

There are particular complexities among women who were unaware of the talcum powder dangers, and were diagnosed with ovarian cancer years ago. The discovery rule, as it applies to baby powder ovarian cancer lawsuits, may be interpreted in a number of ways, including:

 

·         Your ovarian talcum powder cancer state statute of limitations should not begin tolling until you discovered your talc cancer injury was caused by Johnson & Johnson;

·         Your ovarian talcum powder cancer state statute of limitations should not begin tolling until Johnson & Johnson admits there is an issue with their talc products;

·         Your ovarian talcum powder cancer state statute of limitations should not begin tolling until the FDA issues a warning or recall for talc products, or

·         Your ovarian talcum powder cancer state statute of limitations should not begin tolling until a scanning electron microscope imaging study has been done on your ovarian tissues to verify the presence of talc fibers.

 

Problems with Older Diagnoses

Diagnoses made more than ten years prior can be especially problematic; federal law only requires healthcare institutions to keep tissue samples on hand for ten years. Following that ten-year period, the tissue samples are usually destroyed. If your diagnosis of ovarian cancer was made more than ten years ago, it is especially important you contact an ovarian talcum powder cancer attorney, who can send a preservation letter on your behalf, preventing the pathology samples from being destroyed. In short, it can be extremely difficult to determine, on your own, whether your California ovarian baby powder cancer state statute of limitations has run, without the help of a knowledgeable ovarian baby powder cancer attorney. 

 

Getting the Help You Deserve from a California Ovarian Talcum Powder Cancer Attorney

If you believe your injuries are related to the use of Johnson & Johnson baby powder with talc or Shower to Shower with talc—whether you were just diagnosed with ovarian cancer, or believe you may have missed your time deadline—an experienced baby powder cancer lawyer can work zealously on your potential claim, exploring all options on your behalf. You may be entitled to compensation in the form of medical expenses, lost wages and pain and suffering. Women residing in the following locales in the state of California, who used Johnson & Johnson talcum powder for feminine hygiene and later developed ovarian cancer are encouraged to contact a California ovarian baby powder cancer lawyer.

 

·         Los Angeles, California

·         San Diego, California

·         San Jose, California

·         Fresno, California

·         Sacramento, California

·         Long Beach, California

·         Oakland, California

 


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