The Potential Dangers Associated with Talcum Powder
Despite the fact that Johnson & Johnson’s baby powder with talc is a staple in bathrooms and nurseries across the United States, evidence of a possible connection between talcum powder and ovarian cancer has been suspected for decades. The earliest evidence of a potential association between talcum powder used for feminine hygiene and ovarian cancer was cited in the early 1970’s. In 1971, scientists discovered that talc particles could potentially enter a woman’s reproductive tract through the vagina, moving up through the uterus, through the fallopian tubes, and into the ovaries. Since talc fibers are known to cause inflammation, and inflammation is a well-known precursor to many types of cancer, talcum powder used for feminine hygiene could well be a contributor to ovarian cancer.
A study published in the journal Cancer in 1982, supported research which linked the use of talcum powder for feminine hygiene to ovarian cancer, and, since that time, more than 20 studies have concluded similar cause and effect relationships. Of course we want to assume the companies we place our trust in—particularly those which manufacture products for babies—will choose the safest ingredients, however this is not always the case. Manufacturers in the United States can add ingredients to personal care items with little or no safety testing required, and without disclosing potential hazards. Yet in Europe, you will rarely, if ever, find talc in baby powders as it has been banned from personal care products. Following the first three baby powder ovarian cancer lawsuits in which the plaintiffs prevailed over pharmaceutical giant, Johnson & Johnson, women across America are likely feeling some anxiety regarding their health. For more information regarding your state’s statute of limitations for product liability lawsuits, read below.
Understanding the Kansas Ovarian Baby Powder Cancer State Statute of Limitations
Statutes of limitations refer to the amount of time a plaintiff has to file a lawsuit—in this case, a product liability baby powder ovarian cancer lawsuit. Each state has its own statute statutes, although a large number of the states operate under two-year statutes. In the state of Kansas, an action must be brought within two years of the date on which the injury occurred. Of course with talcum powder ovarian cancer cases, it can be difficult to determine just when the “injury” actually occurred. Your Kansas ovarian baby powder cancer state statute of limitations might not begin tolling until you discover your ovarian cancer was due to using Johnson & Johnson’s talcum powder.
The argument could also be made that your statute should not begin to toll until J & J admits there is a problem with their talc products. Some might say the statute should not begin to toll until the FDA issues a recall of all talc products, or a warning regarding the link between talcum powder and ovarian cancer. Finally, your Kansas ovarian baby powder cancer state statute of limitations might not begin to toll until talc fibers are found in your ovarian tissues through the use of a scanning electron microscope imaging study.
As you can see, the statutes, governed by the discovery rule, can be quite complex, and are rarely as straightforward as they might seem. Some states include statutes of repose in addition to statutes of limitations—although Kansas does not. A statute of repose bars any cause of action which is not brought within a specific period of time following the occurrence of a defined “event.” Some examples of tolling “events” include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. It can be extremely beneficial to have an experienced ovarian talcum powder cancer attorney to help interpret the statutes correctly.
How the Kansas Statute of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
A woman who was unaware of the talcum powder dangers, yet was diagnosed with ovarian cancer many years ago, may have additional hurdles, in that federal law only requires healthcare institutions to keep tissue samples on hand for ten years, after which time they are usually destroyed. If your diagnosis of ovarian cancer was made more than ten years ago, contacting an experienced ovarian talc cancer attorney who can send a preservation letter on your behalf, can prevent your pathology samples from being destroyed. It can be very difficult to determine, on your own, whether your Kansas ovarian baby powder cancer state statute of limitations has run, without the help of knowledgeable ovarian baby powder cancer attorney
Getting Help from an Ovarian Talcum Powder Cancer Attorney
A knowledgeable baby powder cancer attorney will work hard on your potential case in order to ensure all deadlines are met. If you believe you may have missed your time deadline for filing an ovarian talcum powder lawsuit, don’t lose hope. Your well-qualified talcum powder ovarian cancer attorney will be able to explore all options on your behalf, helping you to pursue compensation for your medical expenses, lost wages and pain and suffering. If you are a woman in one of the following Kansas locales, who has been diagnosed with ovarian cancer, and you used Johnson & Johnson talcum powder for feminine hygiene, you are encouraged to contact a Kansas ovarian baby powder cancer attorney.
· Wichita, Kansas
· Overland Park, Kansas
· Kansas City, Kansas
· Topeka, Kansas
· Olathe, Kansas
· Lawrence, Kansas
· Shawnee, Kansas
· Manhattan, Kansas