Ohio State SOL for Baby Powder Ovarian Cancer Lawsuits

Talcum Powder Dangers

The history of talcum powder dangers goes back as far as the 1970’s, when British medical researchers made the connection between talcum powder used for feminine hygiene and an increase in ovarian cancer. Thirteen tissue samples were taken from women diagnosed with ovarian cancer; the researchers detected talc fibers deeply embedded in ten of those samples. This led to the theory that when talcum powder was used in the perineal region, talc fibers could migrate upwards, through the vagina, uterus and fallopian tubes, landing in the ovaries. Once the talc fibers are in the ovaries, they begin to create inflammation—a well-known pre-cursor to many types of cancer.

 

Also in the 1970’s, The Lancet concluded “The potentially harmful effects of talc…in the ovary...should not be ignored.” The journal Cancer then published a study in 1982 which showed a statistical link between talcum powder used for feminine hygiene and ovarian cancer. Following the publication of the journal article, one of the lead authors, Dr. Daniel Cramer, was visited by a senior scientist from Johnson & Johnson who apparently spent his time attempting to convince Cramer that the use of talc was a harmless habit. Later, in 1992, the Journal of Obstetrics and Gynecology published a study which concluded the weekly use of baby powder for feminine hygiene could increase a woman’s risk of developing ovarian cancer threefold.

 

Additional studies after this one all concluded the same risk of ovarian cancer related to the use of talcum powder for feminine hygiene, and by 2013, a lawsuit had been filed by plaintiff Deane Berg against Johnson & Johnson. The case ended up in a win for Berg, although no damages were awarded. Two more J & J talcum powder ovarian cancer lawsuits were also decided in favor of the plaintiffs—one in February 2016, and the next in May 2016. The February 2016 decision was for a wrongful death claim brought by the family of Jacqueline Fox, which ended in a $72 million award. The May 2016 decision ended in a $55 million award for Gloria Ristesund. J & J has said they will appeal the decision. 

 

Understanding the Ohio Ovarian Baby Powder Cancer State Statute of Limitations

The state statute of limitations in an ovarian baby powder cancer case refers to the length of time in which a victim of talcum powder ovarian cancer has to file a claim. These statutes vary from state to state, from one year for a product liability case to ten years. Further, some states have statutes of repose, which bar any cause of action which is not brought within a certain time period, following the occurrence of a defined event. Some examples of those tolling events include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. In the state of Ohio, an action must be brought within two years of the date on which the injury occurred. Ohio has no statute of repose. These Ohio ovarian baby powder cancer state statute of limitations can be extremely complex, requiring an experienced ovarian talcum powder cancer attorney to help interpret them correctly.

 

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

Many women were unaware of the dangers associated with talcum powder, and received their diagnosis of ovarian cancer many years ago. It is important to remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. It could be that your ovarian baby powder cancer state statute of limitations will not begin to toll until you discover your talc cancer injury was caused by Johnson & Johnson. The argument could also be made that your statute should not begin to toll until Johnson & Johnson admits there is a problem with their talc products, until the FDA issues a recall of all talc products or until the FDA issues a warning about the link between ovarian cancer and talcum powder. Finally, it could be that your statute does not begin to toll until the presence of talc fibers has been detected in your ovarian tissues through the use of a scanning electron microscope imaging study.

 

If your ovarian cancer diagnosis was made more than ten years ago, you could face extra hurdles, since federal law only requires healthcare institutions to keep tissue samples on hand for ten years. After that period of time, the tissue samples are destroyed. Having an experienced ovarian talcum powder cancer attorney to help you means a letter of preservation could be sent on your behalf to preserve your diagnostic pathology samples. In the end, it can be extremely difficult to determine on your own whether your ovarian baby powder cancer state statute of limitations has run, without the help of a knowledgeable ovarian baby powder cancer lawyer.

 

Getting Help from an Ohio Ovarian Talcum Powder Cancer Attorney

If you believe you have missed your time deadline for filing your ovarian talcum powder lawsuit, don’t lose hope. Rather contact a talcum powder ovarian cancer attorney as soon as possible to ensure all your deadlines are met in a timely manner. Your ovarian talc attorney can analyze all the facts of your specific case, advising you on the best way to move forward with your potential ovarian baby powder cancer lawsuit. If you are a resident of one of the following Ohio locales who was diagnosed with ovarian cancer after using Johnson & Johnson baby powder with talc or Shower to Shower with talc, you are encouraged to contact an Ohio ovarian talcum powder cancer lawyer. 

 

·         Columbus, Ohio

·         Cleveland, Ohio

·         Cincinnati, Ohio

·         Toledo, Ohio

·         Akron, Ohio

·         Dayton, Ohio

·         Parma, Ohio

·         Canton, Ohio

 

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