Georgia State SOL for Baby Powder Ovarian Cancer Lawsuits

Talcum Powder Dangers

The potential dangers associated with talcum powder have become an issue which  has been at the forefront of the media over the past year or so. The result is that women across the United States who have been using Johnson & Johnson’s baby powder with talc or Shower to Shower for feminine hygiene are now extremely anxious about their health. As far back as the 1970’s, researchers found talc fibers in nine out of the thirteen tissue samples they examined, taken from women with a diagnosis of ovarian cancer. The theory is that talc fibers can migrate up through the vagina, the uterus and the fallopian tubes, ending up in the ovaries where they cause serious levels of inflammation.

 

Inflammation is a known pre-cursor to many types of cancer, and can cause problems with the immune system. Ovarian cancer is considered one of the more difficult cancers to treat, primarily due to the fact that it is seldom found early. While the FDA refuses to step into the talcum powder fray, saying the results of its own studies are inconclusive, other research has placed the risk of ovarian cancer at 30-40 percent higher among women who use talcum powder for feminine hygiene.

 

J & J was recently ordered to pay $55 million to plaintiff Gloria Ristesund who claimed her ovarian talc cancer was the result of using J & J talc products for feminine hygiene for longer than 35 years. In fact, it is estimated that at least 40 percent of American women use talcum powder for feminine hygiene purposes. More than 1,200 talcum powder ovarian cancer lawsuits remain pending. Jurors found for the plaintiffs in the first three J & J talcum powder trials, although the pharmaceutical giant has vowed to appeal those decisions.

 

Understanding the Georgia Ovarian Baby Powder Cancer State Statute of Limitations

Every state across the nation has some form of statutes of limitations which limit the amount of time a plaintiff has to file a product liability claim for injuries, due to an alleged dangerous or defective product. The discovery rule governs this time period, usually specifying that the time period starts accruing on the date of the actual injury. Some states also include statutes of repose, which bar a cause of action which is not brought within a specific time period, following the occurrence of a defined “event.”

 

These tolling events could include the date the alleged defective product was first manufactured, delivered, purchased or sold. In the state of Georgia, an action must be brought within two years from the time when the injury is discovered, or should have been discovered, or one year from the date on which a death has occurred. Georgia also has enacted a 10-year statute of repose, subject to various exceptions. The statutes of limitations can be very complex, requiring an experienced ovarian talcum powder cancer attorney in order to ensure the statutes are correctly interpreted.  

   

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

Perhaps you are one of the many women who were unaware of the dangers associated with talcum powder, and who received a diagnosis of ovarian cancer years ago. If so, it is important that you remember the discovery rule, as it applies to baby powder ovarian cancer lawsuits. In theory, your Georgia ovarian baby powder cancer state statute of limitations should not begin to toll until one of the following has occurred:

 

·         Johnson & Johnson has admitted an issue with their talc products;

·         The FDA has issued a talcum powder warning;

·         The FDA has issued a talcum powder recall;

·         You discovered your talc cancer injury was caused by Johnson & Johnson, or

·         Talc fibers have been found in your ovarian tissues after a scanning electron microscope imaging study.

 

Problematic Ovarian Cancer Diagnoses Made More Than Ten Years Ago

If you received a diagnosis of ovarian cancer more than ten years ago, you could have additional problems related to the fact that healthcare institutions are only required, under federal law, to keep tissue samples on hand for ten years. After that period of time those tissue samples are typically destroyed. If your ovarian cancer diagnosis was made more than ten years ago, it is even more important to contact an ovarian talcum powder cancer attorney who will send a preservation letter on your behalf to the hospital. This letter will prevent your diagnostic pathology samples from being destroyed. In the end, it is extremely difficult to determine on your own whether your Georgia ovarian baby powder cancer state statute of limitations has run, therefore you may need the help of an experienced ovarian baby powder cancer attorney.  

 

Getting Help from a Georgia Ovarian Talcum Powder Cancer Attorney

Your Georgia ovarian talc cancer attorney will work hard for you to determine whether you have a viable claim, and to ensure all your deadlines are met in a timely manner. Even if you believe you may have missed an important time deadline for filing your ovarian talcum powder claim, don’t lose hope prior to speaking to a talcum powder ovarian cancer attorney. You may be entitled to compensation for your medical expenses, lost wages, and pain and suffering, depending on the facts of your case. If you are a woman who has been diagnosed with ovarian cancer after using talcum powder for feminine hygiene, and are a resident of one of the following Georgia locales, you are encouraged to contact a Georgia ovarian talcum powder cancer attorney.

 

·         Atlanta, Georgia

·         Augusta, Georgia

·         Columbus, Georgia

·         Savannah, Georgia

·         Athens, Georgia

·         Sandy Springs, Georgia

·         Roswell, Georgia

·         Macon, Georgia

 

 

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