Vermont State SOL for Baby Powder Ovarian Cancer Lawsuits

Potential Talcum Powder Dangers

As far back as the early 1970’s there were concerns regarding the potential dangers of talcum powder and the risks of ovarian cancer among women who regularly used talcum powder for feminine hygiene. The first study was done by British medical researchers who studied tissue samples from thirteen women who had been diagnosed with ovarian cancer. In ten of those tissue samples, deeply embedded talc fibers were found. Also in the early 1970’s, an article was published in The Lancet which said “The potentially harmful effects of talc…in the ovary…should not be ignored.” Despite the fact that Johnson & Johnson began marketing baby powder with cornstarch in 1970—a substance considered safe—they continued to market baby powder with talc and Shower to Shower with talc.

 

In fact, a 1992 internal company memo clearly showed that J & J asked their marketing department to aggressively market Johnson & Johnson baby powder with talc and Shower to Shower with talc to ethnic women. In the same memo, it was acknowledged that talcum powder had potential links to ovarian cancer. In 1982, the journal Cancer published a study which clearly showed a statistical link between talcum powder used for feminine hygiene and ovarian cancer. Soon after, the lead author of the article, Dr. Daniel Cramer, was visited by a senior scientist from Johnson & Johnson who “spent his time trying to convince me that talc use was a harmless habit.” The Journal of Obstetrics and Gynecology published a 1992 study which concluded the weekly use of baby powder for feminine hygiene increased a woman’s risk of developing ovarian cancer threefold. Two years later, the Cancer Prevention Coalition asked the FDA to require warnings against talc used for feminine hygiene, the agency said it lacked evidence to require warnings, and Johnson & Johnson refused to do so voluntarily.

 

Understanding the Vermont Ovarian Baby Powder Cancer State Statute of Limitations

Every state in the United States has a statute of limitations, ranging from one year to ten years. The statute of limitations dictates a specific amount of time in which a plaintiff has to file a claim—in this case, a product liability talcum powder ovarian cancer lawsuit. In addition, some states also have statutes of repose, which bar any cause of action which is not brought within a certain time period after a defined event occurs. Some examples of tolling “events” include the date on which an alleged defective product was initially manufactured, delivered, purchased or sold. In the state of Vermont, an action must be brought within three years of the date on which the injury occurred. Vermont has no statutes of repose. The 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 Vermont Statue of Limitations Applies to Ovarian Baby Powder Cancer Lawsuits

Women, most especially those who were diagnosed with ovarian cancer many years ago, must remember the discovery rule as it applies to baby powder ovarian cancer lawsuits. The question will become when your specific state statute began to toll. Will your statute begin to toll when you discover your talc cancer injury was caused by Johnson & Johnson, or perhaps when Johnson & Johnson finally admits there is a problem with their talc products? Or will your statute begin to toll when the FDA issues a warning regarding the link between talcum powder used for feminine hygiene and ovarian cancer? Perhaps your statute will begin when the FDA actually issues a recall for talc products, or when the presence of talc fibers in your ovarian tissues are verified through the use of a scanning electron microscope imaging study. 

 

Diagnoses made more than ten years ago could be particularly problematic, since federal law only requires healthcare institutions to keep tissue samples on hand for ten years, after which they are typically destroyed. If your diagnosis of ovarian talc cancer was made more than ten years ago, it is even more important for you to contact an ovarian talcum powder cancer attorney who can send a preservation letter to the hospital, preventing the diagnostic pathology samples from being destroyed. 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 assistance of an experienced ovarian baby powder cancer attorney.

 

Getting Help from a Vermont 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. Contact a talcum powder ovarian cancer lawyer as soon as possible to explore all options available to pursue compensation for your medical expenses, lost wages, and pain and suffering. A well-qualified ovarian talc cancer attorney should be able to analyze all the facts of your specific case, advising you on the best way to move forward. If you are a resident of one of the following Vermont locales and you were diagnosed with ovarian cancer after using Johnson & Johnson baby powder with talc or Shower to Shower with talc for feminine hygiene, you are encouraged to contact a Vermont ovarian talcum powder cancer lawyer.

 

·         Burlington, Vermont

·         South Burlington, Vermont

·         Colchester, Vermont

·         Rutland, Vermont

·         Essex Junction, Vermont

·         Bennington, Vermont

·         Barre, Vermont

·         Williston, Vermont

 

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