Dangers Associated with Talcum Powder
The recent Johnson & Johnson talcum powder trials have resulted in many women wondering whether they are at risk for ovarian cancer after using J & J talcum powder for feminine hygiene—or for those women diagnosed with ovarian cancer, whether talcum powder was to blame. The first three Johnson & Johnson baby powder trials resulted in wins for the plaintiffs. The first trial, heard in 2013 found J & J liable for the injuries to Deane Berg, but awarded no damages. The next two trials were heard by Missouri jurors, with one trial resulting in $72 million awarded to the family of Jacqueline Fox in a wrongful talcum powder death case, and $55 million awarded to plaintiff Gloria Ristesund after she developed ovarian cancer in 2011.
All three women in these first talcum powder claims said they had used J & J baby powder with talc or Shower to Shower with talc for feminine hygiene, for 30-40 years. While baby powder with talc is most-often associated with sweet-smelling babies, as many as 40 percent of women routinely use talcum powder as a part of their daily feminine hygiene routine. Studies as far back as the 1970’s, linked the use of talcum powder in the genital region to ovarian cancer, and subsequent studies have concluded between a 20-40 percent increased risk of ovarian cancer among women using talcum powder for feminine hygiene. Women who may have been exposed to this risk likely have many questions. Below are some answers regarding the statute of limitations for filing an ovarian baby powder cancer lawsuit.
Understanding the Colorado Ovarian Baby Powder Cancer State Statute of Limitations
If you are familiar with the statutes of limitations, then you know these statutes govern the amount of time a person has in which to file a product liability claim. Unfortunately, the statutes of limitations can be extremely complex, with a number of variables. The time period designated in the Colorado statute of limitations are governed by the discovery rule. Every state has a statute of limitations, however many of them are significantly different from one another. Some states specify the time period begins accruing on the date of the actual injury—in this case when a woman is diagnosed with ovarian cancer.
Other states include statutes of repose along with the statutes of limitations. Statutes of repose effectively bar any cause of action not brought within a specific time period following the occurrence of a defined event, such as the date the product was manufactured, delivered, purchased or sold. The state of Colorado has no statute of repose, however as far as the state statute of limitations, an action must be brought within two years from the time the injury is, or should have been, discovered. While this sounds relatively straightforward, in fact there are many issues related to the statute, requiring an experienced ovarian talcum powder cancer attorney to help interpret the statutes correctly.
How the Colorado Statute of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
If you are one of the many women who were unaware of the talcum powder dangers, and who was diagnosed with ovarian cancer many years ago, the discovery rule, as it applies to baby powder ovarian cancer lawsuits, can have many interpretations. As an example, while your Colorado statute of limitations should theoretically not begin tolling until you discover your talcum powder cancer was related to J & J talc products, the argument could also be made for the following:
· The Colorado statute of limitations should not begin tolling until J & J admits an issue with talc products;
· The Colorado statute of limitations should not begin tolling until the FDA issues a recall or a warning, or
· The Colorado statute of limitations should not begin tolling until your injury is discovered via a scanning electron microscope imaging study which verifies the presence of talc fibers in your ovarian tissues.
Further, if your diagnosis of ovarian cancer occurred more than ten years ago, you may face additional problems. Healthcare institutions are required under federal law to only keep tissue samples for ten years. After this time period, the tissue samples are usually destroyed. If this is true in your case, it is especially important to contact an ovarian talcum powder cancer lawyer who can send a preservation letter on your behalf, preventing your pathology samples from being destroyed. In the end, it is extremely difficult to determine on your own whether your ovarian baby powder cancer state statute of limitations has run.
Getting Help from a Colorado Ovarian Talcum Powder Cancer Attorney
Ensuring all time deadlines are properly met is the responsibility of an experienced baby powder cancer attorney who will work hard on your behalf. If you believe you have missed a crucial time deadline for filing your ovarian talcum powder lawsuit, don’t lose hope. You may still be entitled to compensation for your medical expenses, lost wages and pain and suffering. A well-qualified ovarian talc cancer attorney should be able to thoroughly analyze the facts of your case, then advise you on the best course of action regarding a potential ovarian baby powder cancer lawsuit. Women who reside in any of the following Colorado locales who were diagnosed with ovarian cancer after using talcum powder for feminine hygiene are encouraged to contact a Colorado ovarian talcum powder cancer lawyer.
· Denver, Colorado
· Colorado Springs, Colorado
· Aurora, Colorado
· Lakewood, Colorado
· Fort Collins, Colorado
· Thornton, Colorado
· Westminster, Colorado
· Arvada, Colorado