Louisiana State SOL for Baby Powder Ovarian Cancer Lawsuits

J & J Talcum Powder Dangers

As far back as the 1970’s, there were concerns regarding talcum powder used for feminine hygiene and a higher risk of ovarian cancer. More than four decades ago, researchers found talc fibers deeply imbedded in ten out of thirteen ovarian tissue samples taken from women with diagnosed ovarian cancer. Since that time, more than 20 studies have been done on the subject. While some studies found the results inconclusive, a significant body of research has concluded there is an increased risk—from 20-40 percent—of ovarian cancer among women who routinely use talcum powder for feminine hygiene. Johnson & Johnson has continued to maintain their talc products are perfectly safe, however jurors appear to disagree.

 

In 2013, the first talcum powder ovarian cancer lawsuit ended with a verdict in favor of South Dakota plaintiff, Deane Berg. While no damages were awarded, jurors found Johnson & Johnson liable for fraud, negligence and conspiracy after Berg’s attorneys argued the company was aware of the dangers of talc, yet did nothing to inform consumers. Berg says her lawsuit was never about the money, and that she turned down a $1.3 million out-of-court settlement because she refused to sign a confidentiality clause.

 

Following Berg’s decision, in February 2016 the family of Jacqueline Fox was awarded $72 million for their wrongful death claim. Jacqueline Fox did not live long enough to see the trial through, but her son said she would have been happy about the verdict, as she wanted women to know about the potential dangers of talcum powder and ovarian cancer. Just a few short months after the Fox verdict, a second Missouri jury found in favor of plaintiff Gloria Ristesund, awarding her $55 million. In both the Fox and the Ristesund trial a significant portion of the damages awarded was designated as punitive damages--$62 million and $50 million, respectively.  

 

Understanding the Louisiana Ovarian Baby Powder Cancer State Statute of Limitations

All states operate under statutes of limitations, which govern the amount of time available in which to file a lawsuit—in this case, a product liability talcum powder ovarian cancer lawsuit. These statutes vary from state to state, and additionally, some states also have what is known as statutes of repose. The statute of repose bars any cause of action which is not brought within a specific period of time following a defined “event.” Some examples of these tolling events include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold.

 

While Louisiana does not have statutes of repose, the state’s statute of limitations states an action must be brought within one year of the date on which the injury occurs, however this statute does not apply to minors. The statute of limitations is governed by the discovery rule, and there are many complexities associated with the statute, even though it appears fairly straightforward. As an example, your statute may begin when you find out your ovarian cancer was the fault of Johnson & Johnson, when the FDA determines a recall of all talc products is necessary, when the FDA issues a warning regarding the risks of talcum powder and ovarian cancer, or when you discover there are talc fibers in your ovarian tissues. These talc fibers would be found through the use of a scanning electron microscope imaging study.  As you can see, having an experienced ovarian talcum powder cancer attorney can be important in being able to interpret the statutes correctly.  

 

How the Louisiana Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits

Perhaps you are a woman who was unaware of the talcum powder dangers, who received a diagnosis of ovarian cancer many years ago. If so, it is important to remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. In particular, if your ovarian cancer diagnosis was made more than ten years ago, you could be facing additional problems. Federal laws only require that tissue samples be kept by healthcare institutions for a period of ten years.

 

After this period of time, those tissue samples are typically destroyed. If your diagnosis of ovarian talc cancer was made more than ten years ago, an ovarian talcum powder cancer attorney can send a preservation letter to your hospital on your behalf, preventing your tissue samples from being destroyed. In short, it can be very difficult to determine on your own that your ovarian baby powder cancer state statute of limitations has run.

 

Getting Help from a Louisiana Ovarian Talcum Powder Cancer Attorney

Having an experienced baby powder cancer lawyer by your side to ensure all deadlines on your potential case are met can take a huge burden away from you. If you think you may have missed your window of time for filing an ovarian talcum powder lawsuit, don’t lose hope. Contact a well-qualified ovarian talc cancer attorney who will explore all your options, working to obtain compensation for your medical expenses, lost wages, and pain and suffering. If you are a resident of one of the following locales in the state of Louisiana, and you have been diagnosed with ovarian cancer after using Johnson & Johnson baby powder with talc for feminine hygiene, you are encouraged to contact a Louisiana ovarian talc cancer lawyer.

 

·         New Orleans, Louisiana

·         Baton Rouge, Louisiana

·         Shreveport, Louisiana

·         Metairie Terrace, Louisiana

·         Metairie, Louisiana

·         Lafayette, Louisiana

·         Lake Charles, Louisiana

·         Kenner, Louisiana

 

  

 

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