Talcum Powder Dangers
Perhaps you are one of the many women across the United States who are feeling some anxiety following the last two Johnson & Johnson talcum powder ovarian cancer trial results. The family of Jacqueline Fox brought a wrongful death claim against Johnson & Johnson which was decided in February, 2016, in favor of the plaintiffs. The Fox family was awarded $72 million--$10 million in compensatory damages, and $62 million in punitive damages. Soon after, in May 2016, Gloria Ristesund was awarded $55 million for her talcum powder ovarian cancer claim against Johnson & Johnson. Again, a Missouri jury awarded the plaintiff a significant amount in punitive damages--$50 million, with $5 million in compensatory damages. While J & J continues to maintain talcum powder is safe, a number of scientific studies—as well as the jurors in the J & J cases—believe there is a risk of ovarian cancer for women who use talcum powder for feminine hygiene.
Both Jacqueline Fox and Gloria Ristesund said they used J & J baby powder with talc and/or Shower to Shower with talc for feminine hygiene for 30-40 years. In fact, more than 40 percent of American women routinely use talcum powder in the genital region, meaning there are many women who could potentially be at risk. Thus far, the FDA has done their best to step away from the fray, claiming insufficient evidence, and further stating that by virtue of how often talcum powder is used by consumers across America, “making such a connection could seriously shake up the consumer market.” It is a sure bet that women are much more concerned with their health and their safety than whether the market is shaken up a bit. Although there are conflicting opinions regarding the risks of talcum powder and ovarian cancer, when taken as a whole, a considerable body of research has concluded there is a 20-40 percent increased risk of ovarian cancer among women who routinely use talcum powder for feminine hygiene purposes.
Understanding the Florida Ovarian Baby Powder Cancer State Statute of Limitations
Each state in the United States has their own variation of the statutes of limitations which govern the amount of time in which an injured person has to bring a claim for damages in a product liability case. In addition to statutes of limitations, some states additionally have statutes of repose. These statutes of repose bar any cause of action which is not brought within a specific period of time, following the occurrence of a defined “event.” Examples of tolling events include:
· The date on which an alleged defective product was initially manufactured;
· The date on which an alleged defective product was initially delivered;
· The date on which an alleged defective product was initially purchased, or
· The date on which an alleged defective product was initially sold.
The statute of limitations is governed by the discovery rule; some states specify the time period will begin accruing on the date of the actual injury, however there are many variations to that rule. In the state of Florida, an action must be brought within four years from the time the injury is discovered, or should have been discovered. The state of Florida also has a twelve-year statute of repose, which is subject to various exceptions. Under the Florida statute of repose, all products have an expected useful life of ten years, other than those set out in the statutes such as commercial aircrafts and trains, which have an expected useful life of twenty years or more. The Florida ovarian baby powder cancer state statute of limitations and statute of repose can be extremely complex. You can obtain assistance understanding these statutes from an experienced ovarian talcum powder cancer attorney.
How the Florida Statute of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
If you were unaware of the dangers associated with talcum powder—like most women—and were diagnosed with ovarian cancer years ago, it is important to remember the discovery rule as it applies to baby powder ovarian cancer claims. In theory, your ovarian baby powder cancer state statute of limitations should not begin to toll until:
· The FDA issues a warning regarding the risks of talcum powder and ovarian cancer;
· The FDA issues a recall of all talcum powder products due to the risk of ovarian cancer;
· You discover your talcum powder cancer injury was caused by Johnson & Johnson;
· Johnson & Johnson admits there is a problem with their talc products or,
· Talc fibers are found in your ovarian tissues through the use of a scanning electron microscope imaging study.
Diagnoses of ovarian cancer made more than ten years ago could bring additional problems, as federal law only requires healthcare institutions to keep tissue samples on hand for ten years. After this, the tissue samples are routinely destroyed. If your ovarian talc cancer diagnosis was made ten years ago—or longer—it is even more important that you contact an ovarian talcum powder cancer attorney who can send a preservation letter on your behalf, preventing your pathology samples from being destroyed. In short, it can be very difficult to determine on your own whether your Florida ovarian baby powder cancer state statute of limitations has run, without obtaining help from a knowledgeable ovarian baby powder cancer attorney.
Getting the Help You Need from a Florida Ovarian Talcum Powder Cancer Attorney
If you believe you may have missed an important deadline for filing an ovarian talcum powder claim, don’t lose hope. Contact a talcum powder ovarian cancer attorney as soon as possible who can explore all options available to you for pursuing compensation for your medical expenses, lost wages, and pain and suffering. The facts of your case will be analyzed, then a well-qualified ovarian talc cancer attorney can advise you on the best way to move forward with your claim. If you are a resident of one of the following locales in the state of Florida, and you are a woman who has been diagnosed with ovarian cancer after using talcum powder for feminine hygiene, you are encouraged to contact an experienced talcum powder ovarian cancer attorney as soon as possible.
· Jacksonville, Florida
· Miami, Florida
· Tampa, Florida
· St. Petersburg, Florida
· Orlando, Florida
· Hialeah, Florida
· Tallahassee, Florida
· Fort Lauderdale, Florida