Iowa State SOL for Baby Powder Ovarian Cancer Lawsuits

Talcum Powder Dangers

If you are a woman and have been listening to the outcomes of the Johnson & Johnson talcum powder trials, you may be feeling some anxiety regarding your health. A Missouri jury awarded the family of Jacqueline Fox $72 million in a wrongful death claim in February 2016. In a deposition taken before her death, Jacqueline Fox said she had been using J & J baby powder with talc, for feminine hygiene, for more than three decades. Fox was unable to beat her ovarian cancer, dying several months prior to the trial. Less than three months later, another Missouri jury awarded plaintiff Gloria Ristesund—who also said she had used J & J talcum powder for feminine hygiene for more than three decades--$55 million. In both awards, the punitive damages were huge--$62 million and $50 million, respectively.

 

This seems to indicate that the jurors felt Johnson & Johnson had a duty to warn women regarding the potential link between ovarian cancer and talcum powder, yet failed to do so. Johnson & Johnson maintains talcum powder is perfectly safe, even when used in the genital region and has said they will appeal both decisions. It is theorized that talc fibers can migrate up through the vagina, the uterus and the fallopian tubes, landing in the ovaries where they cause significant levels of inflammation—a known factor in many types of cancer. While this may sound impossible, in fact as far back as the 1970’s, scientists examined the ovarian tissues of 13 women diagnosed with ovarian cancer—and found talc fibers in nine of them. Many studies have concluded there is between a 20-40 percent increase in ovarian cancer among women who used talcum powder for feminine hygiene.

 

Understanding the Iowa Ovarian Baby Powder Cancer State Statute of Limitations

The statutes of limitations govern the length of time a plaintiff has to file a claim against a manufacturer whose defective or dangerous product has caused injury. This period of time is governed by the discovery rule, and varies from state to state. Some states include what is known as the statutes of repose, which bar any cause of action not brought within a specific length of time following the occurrence of a defined “event.”

 

Examples of tolling events include the date on which an alleged defective product was initially manufactured, delivered. Purchased or sold. The Iowa state statute of limitations in product liability cases says an action must be brought within two years of the date on which the injury occurred. Iowa has also enacted a 10-year statute of repose. The statute of limitations and statute of repose can be extremely complex, requiring an experienced ovarian talcum powder cancer attorney in order to ensure the statutes are correctly interpreted.

 

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

You, like the majority of women, may have been completely unaware of the dangers related to talcum powder. If your diagnosis of ovarian cancer was many years ago, it is important to remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. In theory, your Iowa ovarian baby powder cancer state statute of limitations should not begin to toll until one of the following occurs:

 

·         Johnson & Johnson admits there is an issue with their talc products;

·         The FDA issues a warning which specifies a link between ovarian cancer and talcum powder;

·         The FDA issues a recall of all products containing talcum powder;

·         You discover your talcum powder ovarian cancer was caused by Johnson & Johnson, or

·         Talc fibers are found in your ovarian tissues by using a scanning electron microscope imaging study.

 

If your ovarian cancer diagnosis was made more than ten years ago, you may face additional hurdles. Federal law requires healthcare institutions to keep tissue samples for only ten years. After that period of time they are often destroyed. If your ovarian talc cancer diagnosis was made more than ten years ago it is especially important that you contact a baby powder cancer lawyer who can send a preservation letter on your behalf, preventing your diagnostic pathology samples from being destroyed. As you can see, the statutes of limitations and the statutes of repose can be quite complex, and it can be difficult to determine on your own whether the statutes have run, without the help of an experienced ovarian baby powder cancer attorney.

 

Getting Help from an Ovarian Talcum Powder Cancer Attorney

A knowledgeable baby powder cancer attorney can work on your behalf to ensure all deadlines are met in a timely manner for your potential case. If you believe you have missed your time deadline for filing a claim, don’t lose hope. Contact an ovarian talc cancer attorney as soon as possible to explore all your options as far as pursuing compensation for your medical expenses, lost wages, and pain and suffering related to your talcum powder ovarian cancer injuries. Further, if you are a woman who has received a diagnosis of ovarian cancer after using talcum powder for feminine hygiene, and live in the Iowa locales listed below, you are encouraged to contact an Iowa talcum powder ovarian cancer attorney.

 

·         Des Moines, Iowa

·         Cedar Rapids, Iowa

·         Davenport, Iowa

·         Sioux City, Iowa

·         Iowa City, Iowa

·         Waterloo, Iowa

·         Council Bluffs, Iowa

·         Ames, Iowa

 

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