Idaho State SOL for Baby Powder Ovarian Cancer Lawsuits

Talcum Powder Dangers

If you are a woman in the United States, you have likely heard about the Johnson & Johnson talcum powder trials, and wondered just what the potential talcum powder dangers actually are. Although Johnson & Johnson has denied there are any dangers associated with its talc products, studies going back as far as the 1970’s have concluded otherwise. One of the first indicators that there could be a problem with talcum powder when used for feminine hygiene occurred when the tissues of thirteen women who had been diagnosed with ovarian cancer were examined, and it was found that nine of those tissue samples contained talc fibers. This led scientists to theorize that when talcum powder was used in the genital region the talc fibers could migrate up through the vagina, uterus and fallopian tubes, ending up in the ovaries.

 

Since talc is known to cause inflammation, and inflammation is a known precursor to many types of cancers, it was determined in many studies which came after the initial ones that talcum powder, when used for feminine hygiene, could increase the risk of ovarian cancer as much as 20-40 percent. It is estimated that as many as 40 percent of women across the United States use talcum powder for feminine hygiene purposes, therefore there are many, many women who could have an increased risk of developing ovarian cancer.

 

With more than 1,200 cases pending against Johnson & Johnson, the first three trials against the pharmaceutical giant were decided in favor of the plaintiff. Two of those trials were decided within months of one another in 2016, with a $72 million verdict in one, and a $55 million verdict in the other. If you are a woman who has already been diagnosed with ovarian cancer, or you have used talcum powder for feminine hygiene for a significant period of time, you should understand your rights, and particularly the time deadlines you may be under to file a claim for damages.

 

Understanding the Idaho Ovarian Baby Powder Cancer State Statute of Limitations

State statutes govern the amount of time a person has to file a claim, in this case a product liability case for injuries caused by talcum powder. The statutes vary from state to state, and additionally some states also have statutes of repose which bar any cause of action not brought within a certain time period following the occurrence of specifically defined event. This event could be the date the alleged defective or dangerous product was first manufactured, delivered, purchased or sold. The state of Idaho’s statute of limitations says that an action must be brought within two years of the date on which the injury occurred. Idaho has also enacted a 10-year statute of repose, subject to various exceptions. The Idaho ovarian baby powder cancer state statute of limitations can be very complex, requiring the assistance of an experienced ovarian talcum powder cancer attorney to help you correctly interpret the statutes.

 

How the Idaho Statute of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits

Although the Idaho statute of limitations may sound fairly straightforward, there are many different ways to interpret it. In particular, women who had no knowledge of the potential dangers of talcum powder who were diagnosed with ovarian cancer many years ago will need to remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. In theory, your Idaho statute of limitations should not begin to toll until one of the following occurs:

 

·         The FDA issues a recall for talc products;

·         The FDA issues a warning regarding the link between ovarian cancer and talcum powder when used for feminine hygiene;

·         When you discover your talc cancer injury was caused by Johnson & Johnson;

·         When Johnson & Johnson admits there is a problem with their talc products, or

·         When talc fibers are found in your ovarian tissues following a scanning electron microscope imaging study.

 

If your diagnosis of ovarian cancer was made more than ten years ago, it could be problematic, as federal law only requires healthcare institutions to retain tissue samples for ten years before destroying them. If your diagnosis was more than ten years ago, it is especially important that you contact an ovarian talcum powder cancer attorney who will send a preservation letter on your behalf, in order to prevent your tissue samples from being destroyed.

 

It can be very difficult to determine on your own whether your Idaho ovarian baby powder cancer state statute of limitations has run, and how your state’s statute of repose may affect your potential claim. Even if you think you have missed your window of opportunity for filing a claim for compensation, don’t give up hope. Only an experienced ovarian talc cancer attorney can determine whether you may still be entitled to compensation for medical expenses, lost wages and pain and suffering.

 

If you are a woman who has received a diagnosis of ovarian cancer and you used Johnson & Johnson baby powder with talc and/or Shower to Shower with talc, and you are a resident of one of the following Idaho locales, you are encouraged to contact an Idaho ovarian talc cancer attorney.

 

·         Boise, Idaho

·         Nampa, Idaho

·         Meridian, Idaho

·         Idaho Falls, Idaho

·         Pocatello, Idaho

·         Caldwell, Idaho

·         Coeur d’Alene, Idaho

·         Twin Falls, Idaho

 

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