Potential Talcum Powder Dangers
Although the first ovarian talcum powder lawsuit verdict against Johnson & Johnson was considered mystifying by many—the jury found J & J liable, yet awarded no damages to plaintiff Deane Berg—the second two trials seemed to send a clear message. A Missouri jury awarded the family of Jacqueline Fox $72 million in a wrongful death claim. Fox died in her early 60’s after receiving a diagnosis of ovarian cancer, just months before the trial was slated to begin. The award was designated as $10 million for compensatory damages, and $62 million for punitive damages, and was decided in February 2016.
Just a few short months later, plaintiff Gloria Ristesund was awarded $55 million--$5 million in compensatory damages and $50 million in punitive damages for her product liability case against Johnson & Johnson. Both the Fox wrongful death trial and the Ristesund product liability trial were heard by Missouri jurors. Evidence was heard at both trials regarding the long history of studies which determined a link between the use of talcum powder for feminine hygiene and the development of ovarian cancer.
In the Deane Berg trial, talc fibers were observed in her ovarian tissues, and in 1971, researchers found talc fibers in ten out of thirteen of the tissue samples taken from women with ovarian cancer. While J & J has vowed to appeal the decisions, and claims talcum powder is perfectly safe, other research has concluded there is a 20-40 percent increased risk of ovarian cancer among women who routinely use J & J baby powder with talc or Shower to Shower with talc for feminine hygiene purposes. A lack of information on the subject can increase a woman’s anxiety, therefore you will find below information regarding your ovarian baby powder cancer state statute of limitations.
Understanding the New York Ovarian Baby Powder Cancer State Statute of Limitations
Every states has statutes of limitations, ranging from one year to ten years, with the majority of the states settling on two years. Additionally, some states have statutes of repose which bar any cause of action not brought within a specific time period following the occurrence of a defined event such as the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. In the state of New York, an action must be brought within three years of the date on which the injury occurred, and the state has no statute of repose. This time period, governed by the discovery rule, may seem fairly straightforward, in fact it can be interpreted in a variety of ways concerning talcum powder ovarian cancer lawsuits, and requires an experienced ovarian talcum powder cancer attorney to help interpret them correctly.
How the New York Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits
Perhaps you are one of the many women who was unaware of the talcum powder dangers, and who received a diagnosis of ovarian cancer years ago. If so, it is important that you remember the discovery rule as it applies to baby powder ovarian cancer lawsuits, which could have your statute beginning to toll at any of the following times:
· When the FDA issues a warning to consumers regarding the potential risks of ovarian cancer among women who use talcum powder for feminine hygiene;
· When the FDA issues a recall of talc products;
· When Johnson & Johnson admits there is a problem with its talc products;
· When you realize your talc cancer injuries were caused by Johnson & Johnson, or
· When, through a scanning electron microscope imaging study has been done on your ovarian tissue to verify the presence of talc fibers.
If your diagnosis of ovarian cancer was made more than ten years ago, there could be additional hurdles, due to the fact that federal law only requires healthcare institutions retain samples of tissues for ten years. After this time period, they are typically destroyed. A diagnosis made more than 10 years ago would make it even more important that you contact an ovarian talcum powder cancer attorney who can send a preservation letter on your behalf which will prevent the diagnostic pathology samples from being destroyed. In the end, it can be extremely difficult to determine, on your own, whether your New York ovarian baby powder cancer state statute of limitations has run without the help of an experienced ovarian baby powder cancer lawyer.
Getting Help from an Ovarian Talcum Powder Cancer Attorney
Even if you believe you may have missed your time deadline for filing your ovarian talcum powder lawsuit, don’t lose hope. A knowledgeable ovarian talc cancer attorney should be able to analyze the facts of your specific case, exploring all your options for pursuing compensation for your medical expenses, lost wages, and pain and suffering. Further, if you are a resident of one of the following New York locales, you were diagnosed with ovarian cancer, and you routinely used Johnson & Johnson baby powder with talc or Shower to Shower with talc for feminine hygiene, you are encouraged to contact a New York ovarian baby powder cancer attorney.
· New York, New York
· Brooklyn, New York
· Queens, New York
· Manhattan, New York
· Bronx, New York
· Staten Island, New York
· Buffalo, New York
· Jamaica, New York