Most everyone has heard at least something about the potential dangers of talcum powder when used for feminine hygiene. The recent Johnson & Johnson trials, with decisions in favor of the plaintiffs, has also made many women question whether talcum powder is safe to use in the genital region. Women who may have been diagnosed with ovarian cancer could now be wondering if their use of Johnson & Johnson baby powder with talc or Shower to Shower could have contributed to that diagnosis. And women who have not received a diagnosis of ovarian cancer could be extremely worried due to their use of talcum powder. In the 1970’s the ovarian tissues from thirteen women with a diagnosis of ovarian cancer were examined. In nine of those, talc fibers were observed.
Since that time several large studies have concluded there is a 20-40 percent increased risk of ovarian cancer among women who use talcum powder for feminine hygiene. In February, a Missouri jury awarded the family of Jacqueline Fox $72 million in their wrongful death case—Jacqueline Fox’s ovarian cancer took her months before the trial began. Ten million of the award was designated as compensatory damages, while the remaining $62 million was designated as punitive damages. Less than three months later, a second Missouri jury awarded Gloria Ristesund $55 million for her product liability claim against Johnson & Johnson. Five million of the award was designated as compensatory damages, while $50 million was designated as punitive damages. Johnson and Johnson continues to maintain their talc products are safe, and has said they will appeal the decisions.
Understanding the Indiana Ovarian Baby Powder Cancer State Statute of Limitations
Statutes of limitations govern the amount of time plaintiffs have in which to bring a claim—in this case, a product liability claim against Johnson & Johnson for victims of talcum powder ovarian cancer. In the state of Indiana, an action must be brought within two years of the date on which the injury occurred. Some states also have statutes of repose which bar any cause of action which is not brought within a specific time period after a defined “event” occurs. Examples of tolling “events” include the date on which the alleged defective product was initially:
· Purchased, or
The state of Indiana has also enacted a 10-year statute of repose. The statutes of limitations are governed by the discovery rule and can be extremely complex, requiring an experienced ovarian talcum powder cancer attorney for assistance in interpreting the statutes.
How the Indiana Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
Although the statute of limitations may sound fairly straightforward, there are many variables associated with it. In some cases, the statute of limitations might not begin to toll until the time you discovered your talc cancer injury was caused by Johnson & Johnson. In other instances, the statute of limitations might not begin to toll until Johnson & Johnson admits there is an issue with their talc products. An argument could be made that the statute might not begin to toll until the FDA issues a warning or a recall of all talc products. Finally, the statute may not begin to toll until talc fibers have been found in your ovarian tissues following a scanning electron microscope imaging study.
Diagnoses of ovarian cancer made more than ten years ago may be particularly problematic, since healthcare institutions are only required under federal law to retain tissue samples for ten years, then may destroy them. If your diagnosis of ovarian talc cancer was made more than ten years ago, it is even more important to contact an ovarian talcum powder cancer attorney who can send a preservation letter on your behalf to prevent destruction of your pathology samples. In the end, it may be very difficult to determine on your own whether your ovarian baby powder cancer state statute of limitations has run, without assistance from an experienced baby powder cancer attorney.
Getting Help from an Ovarian Talcum Powder Cancer Attorney
A knowledgeable, experienced talcum powder ovarian cancer attorney can work hard on your potential talcum powder case to ensure all deadlines are properly met. Even if you believe you may have missed your window of opportunity as far as the statutes are concerned, don’t lose hope. Your attorney will explore all options available to you in order to pursue compensation for your medical expenses, lost wages and pain and suffering related to your talcum powder ovarian cancer case. Further, if you are a woman who has been diagnosed with ovarian cancer after using talcum powder for feminine hygiene and you live in one of the Indiana locales listed below, you are encouraged to contact an Indiana talcum powder ovarian cancer attorney.
· Indianapolis, Indiana
· Fort Wayne, Indiana
· Evansville, Indiana
· South Bend, Indiana
· Carmel, Indiana
· Bloomington, Indiana
· Fishers, Indiana
· Hammond, Indiana