District of Columbia State SOL for Baby Powder Ovarian Cancer Lawsuits

Talcum Powder Dangers

Many women across the United States are worried—and rightfully so—regarding the potential link between talcum powder used for feminine hygiene, and ovarian cancer. As far back as 1982, a Nurses’ Health Study addressed the use of talcum powder used in the perineal area and the development of ovarian cancer. This analysis included studies totaling more than 66,000 women. A positive association between talcum powder and ovarian cancer was concluded. In fact, the study concluded that the use of talcum powder for feminine hygiene could increase the risk of ovarian cancer by as much as 30 percent. Since at least 40 percent of American women routinely use talcum powder for feminine hygiene, this study, and others which have drawn the same conclusions, are alarming.

 

In theory, talc fibers can migrate up through the vagina, the uterus, the fallopian tubes, and finally to the ovaries. Since talc fibers have been shown to cause inflammation, these fibers may cause inflammation in the ovaries—a well-known factor in the development of many types of cancers. Because talc is poorly soluble, it can take as many as eight years to break down, once in the ovaries. Although Johnson & Johnson continues to maintain their talc products are safe, three juries have deemed otherwise. The first J & J talc trial was decided in 2013. The jury found in favor of the plaintiff, although no damages were awarded.

 

The second J & J talc trial was decided in February, 2016, again, in favor of the plaintiffs—the family of Jacqueline Fox, who brought a wrongful death claim against Johnson & Johnson. A Missouri jury awarded the Fox’s $72 million--$10 million in compensatory damages, and $62 million in punitive damages. The third trial was decided in May, 2016, in favor of plaintiff Gloria Ristesund. The jury awarded Ristesund $55 million--$5 million in compensatory damages, and $50 million in punitive damages.

 

Understanding the District of Columbia Ovarian Baby Powder Cancer State Statute of Limitations 

Every state has their own statutes of limitations which govern the amount of time a plaintiff has in which to file a product liability case—in this instance a case against Johnson & Johnson for injuries suffered from their talcum powder products. These statutes are governed by the discovery rule, with some statutes of limitations specifying the allowed time begins accruing on the date of the actual injury. In addition, some states also have statutes of repose. These statutes of repose bar any cause of action which is not brought within a specific time period, following the occurrence of a defined “event.”

 

This event could include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. The District of Columbia has no statute of repose, however the statute of limitations says an action must be brought within three years from the time the injury is discovered—or should have been discovered. While that seems fairly straightforward, the District of Columbia ovarian baby powder cancer state statutes of limitations can be complex, requiring an experienced ovarian talcum powder cancer attorney to correctly interpret them.

 

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

Perhaps you are one of the many women who was totally unaware of the potential dangers associated with talcum powder. If you received a diagnosis of ovarian cancer many years ago, it is important to remember the discovery rule as it could potentially apply to your baby powder ovarian cancer claim. In theory, your ovarian baby powder cancer state statute of limitations should not begin to toll until one of the following occurs:

 

·         Johnson & Johnson admits issues relating to their talc products;

·         The FDA issues a recall for talc products;

·         The FDA issues a warning for all talcum powder products;

·         You discover your talc cancer injury was caused by J & J, or

·         Talc fibers are found in your ovarian tissues via a scanning electron microscope imaging study.

 

Ovarian cancer diagnoses made more than ten years ago can be especially problematic. Federal law requires healthcare institutions to retain tissue samples for ten years only—after this time period, samples are typically destroyed. Contacting an ovarian talcum powder cancer attorney who can send a preservation letter on your behalf to prevent the pathology samples from being destroyed can significantly bolster your potential claim. In short, it is extremely difficult to determine on your own when your District of Columbia ovarian baby powder cancer state statute of limitations began to toll, without the help of a knowledgeable ovarian baby powder cancer attorney.

 

Getting Help from a District of Columbia Ovarian Talcum Powder Cancer Attorney

Having an experienced baby powder cancer attorney by your side who will ensure all deadlines are met in a timely manner can be beneficial. If you believe you may have missed your deadline for filing an ovarian talcum powder lawsuit, don’t lose hope. You may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. A well-qualified ovarian talc cancer attorney can thoroughly analyze the facts of your case, advising you on the best way to move forward with your potential talcum powder claim. If you are a female resident of the District of Columbia, who has been diagnosed with ovarian cancer after using Johnson & Johnson talcum powder for feminine hygiene, you are encouraged to contact an experienced District of Columbia ovarian talc cancer lawyer.  

 

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