Talcum Powder Dangers
Following the recent Johnson & Johnson talcum powder trial in which plaintiff Gloria Ristesund was awarded $55 million--$5 million in compensatory damages, and $50 million in punitive damages, many women are feeling anxious about the issue of whether talcum powder, when used for feminine hygiene, can increase the risk of ovarian cancer. The Ristesund decision came only months after another Missouri jury found in favor of the family of Jacqueline Fox in their wrongful death claim. Jackie Fox did not live to see the results of the trial, dying a few months before the trial began. Her son, however, said she would have been happy about the results of the trial, not for the money ($72 million), but because she wanted women across the nation to know that a seemingly harmless practice could lead to a diagnosis of deadly ovarian cancer.
Although J & J continues to maintain their talc products are perfectly safe—and says they will appeal the two awards—jurors in the trial felt that the pharmaceutical giant knew much more about the potential talcum powder dangers than they would admit to. Further, studies going back as far as the 1970’s found a correlation between the use of talcum powder in the genital region and an increased ovarian cancer risk. It is theorized that talc fibers can migrate up through the vagina, the uterus and the fallopian tubes, landing in the ovaries, where they create inflammation—a known factor in many types of cancer. Perhaps you have already received a diagnosis of ovarian cancer but were unaware of the talcum powder link. Whatever your situation, you may have many questions about talcum powder and ovarian cancer. One of the primary issues you may need to consider is the statute of limitations in your state.
Understanding the Illinois Ovarian Baby Powder Cancer State Statute of Limitations
The length of time in which a person has to file a claim—in this case, a product liability claim for injury suffered from a talcum powder product manufactured by Johnson & Johnson—is known as the statute of limitations. Statutes of limitations vary from state to state, but all are the time period governed by the discovery rule, with some specifying that time period begins to accrue on the date of the actual injury. Some states also include statutes of repose which bar any cause of action not brought within a certain time following the occurrence of a defined “event.”
This event could be the date the product was manufactured, delivered, purchased or sold. In the state of Illinois, an action must be brought within two years of the date on which the injury occurred. Illinois has also enacted a 12-year statute of repose which begins to run once the product is sold, and a 10-year statute of repose which begins to run once the product is delivered to the first owner. These Illinois ovarian baby powder cancer state statute of limitations can be extremely complex, requiring an experienced ovarian talcum powder cancer attorney to help interpret them correctly.
How the Illinois Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
Many women—perhaps you as well—were unaware of the potential dangers associated with talcum powder and were diagnosed with ovarian cancer years ago. It is important to remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. In theory, your Illinois statute of limitations would not begin to toll until one of the following occurs:
· Johnson & Johnson admits there is a problem with its talc products;
· The FDA issues a recall for all talc products;
· The FDA issues a warning which links ovarian cancer to the use of talcum powder in the genital region;
· You discover your talc injury was caused by Johnson & Johnson, or
· You have a scanning electron microscope imaging study done which verifies there are talc fibers in your ovarian tissues.
Women with diagnoses of ovarian cancer made more than ten years ago may face additional problems. Federal law only requires that tissue samples be retained for ten years, after which they are often destroyed. If your diagnosis of ovarian cancer was more than ten years ago, your ovarian talcum powder cancer attorney can send a preservation letter on your behalf to your hospital, preventing your pathology samples from being destroyed. In the end, it is extremely difficult to determine, on your own, whether your Illinois ovarian baby powder cancer state statute of limitations has run, without the help of a knowledgeable ovarian talc cancer attorney.
Getting Help from an Illinois Ovarian Talcum Powder Cancer Attorney
Since every woman’s individual circumstances are unique, an experienced baby powder cancer attorney could analyze the facts of your case, exploring all options available to your as far as pursuing compensation for your medical expenses, lost wages, and pain and suffering. Your attorney can also ensure all deadlines are met in a timely manner. If you believe you may have missed your time deadline, according to your state statutes, don’t lose hope. A well-qualified ovarian talc cancer attorney can answer your questions, and help you understand your options. If you were diagnosed with ovarian cancer, you used talcum powder for feminine hygiene and you reside in one of the following Illinois locales, contact an experienced Illinois ovarian talc cancer attorney.
· Chicago, Illinois
· Aurora, Illinois
· Rockford, Illinois
· Joliet, Illinois
· Naperville, Illinois
· Springfield, Illinois
· Peoria, Illinois
· Elgin, Illinois