Potential Talcum Powder Dangers
Pharmaceutical giant, Johnson & Johnson, lost their third trial concerning whether talcum powder was responsible for a diagnosis of ovarian cancer, when a Missouri jury awarded plaintiff Gloria Ristesund $55 million. This decision came mere months after J & J was ordered to pay the family of Jacqueline Fox $72 million in a wrongful death lawsuit. Fox died from complications related to her ovarian cancer just a few months prior to her trial, but said in depositions that she used J & J talc products in the genital region for nearly forty years. Gloria Ristesund was diagnosed with ovarian cancer in 2011, after using J & J baby powder with talc and Shower to Shower for more than 35 years before receiving her diagnosis. While these seem like serious setbacks for J & J, the company has vowed to appeal those decisions, maintaining their talc products are safe, therefore required no warning.
Despite this, a significant number of the current lawsuits against J & J allege the company knew about the potential dangers associated with talcum powder, yet did not warn women of those dangers. Jurors, however, saw an internal memo from 1997 during the two Missouri trials which essentially stated that anyone who said there was no risk involved for women who used talcum powder in the genital region was “denying the obvious in the face of all evidence to the contrary.” This memo came from a Johnson & Johnson medical consultant.
More than a year and a half ago, a federal judge allowed a conspiracy claim regarding talcum powder and ovarian cancer to move forward against Johnson & Johnson; this particular claim alleged J & J had knowledge of the potential risks of talcum powder, yet covered up information regarding those risk, failing to warn consumers. The FDA has done their best to step away from the J & J talcum powder debacle, claiming insufficient evidence on whether there is an increased risk of ovarian cancer among women who use talcum powder for feminine hygiene.
Understanding the Hawaii Ovarian Baby Powder Cancer State Statute of Limitations
State statutes of limitations govern the length of time a plaintiff has in which to file a product liability claim. These statutes vary from state to state, and additionally some states also incorporate statutes of repose, which bar any cause of action not brought within a specific time period following a defined “event.” Examples of such events can include the date which an alleged defective or dangerous product was first manufactured, delivered, purchased or sold. The statutes of limitations are governed by the discovery rule, and can be extremely complex, requiring an experienced ovarian talcum powder cancer attorney to help interpret the statutes correctly. In the state of Hawaii, an action must be brought within two years from the time the injury is discovered—or should have been discovered.
How the Hawaii Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
You may be among the many women across the United States who had no knowledge of the potential dangers associated with talcum powder, and who received a diagnosis of ovarian cancer many years ago. If so, it is important that you remember the discovery rule as it applies to baby powder ovarian cancer claims. More specifically, in theory, the argument can be made that your statute of limitations should not begin to toll until one of the following occurs:
· You discover your talc cancer injury was caused by Johnson & Johnson;
· The FDA issues a warning regarding the potential link between ovarian cancer and the use of talcum powder for feminine hygiene;
· The FDA issues a recall of talc products;
· Johnson & Johnson admits there is an issue with their talc products, or
· Talc fibers are found in your ovarian tissues after you undergo a scanning electron microscope imaging study.
Even More Problematic Diagnoses
If your ovarian cancer diagnosis was made more than ten years ago, you could face additional problems, in that healthcare institutions are only required, under federal law, to keep tissue samples for ten years, after which they are destroyed. Your ovarian talcum powder cancer attorney can send a preservation letter on your behalf which will effectively prevent your diagnostic pathology samples from destruction. In the end, it can be very difficult to determine on your own whether your Hawaii ovarian baby powder cancer state statute of limitations has run, without the help of a knowledgeable baby powder cancer attorney’s assistance.
Getting Help from a Hawaii Ovarian Talcum Powder Cancer Attorney
In order to ensure all your deadlines are met in a timely manner, it can be beneficial to seek assistance from an experienced Hawaii ovarian talcum powder cancer attorney. Even if you believe you have missed the time deadline for filing your claim, don’t despair. Contact a well-qualified ovarian talc cancer attorney who can thoroughly analyze the facts of your specific case, advising you on the best options available to you regarding a potential ovarian baby powder cancer lawsuit. Particularly if you are a woman diagnosed with ovarian cancer who used talcum powder for feminine hygiene and are a resident of one of the following Hawaii locales, you are encouraged to contact an experienced Hawaii ovarian talc cancer attorney.
· Honolulu, Hawaii
· Pearl City, Hawaii
· Hilo, Hawaii
· Kailua, Hawaii
· Waipahu, Hawaii
· Kaneohe, Hawaii
· Mililani, Hawaii
· Kahului, Hawaii