Statute of Limitations Associated with Talcum Powder Lawsuits

Michael Bennett
July 12, 2017 - 41 Views

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Over the last few years, many medical experts have expressed a high level of concern about the possible link between talcum powder and a higher risk of ovarian cancer. Some medical studies may suggest a link between regular use of talcum powder by women in the genital region and ovarian cancer.

The potential health hazard associated with talcum powder has led to several high profile personal injury lawsuits against manufacturers of talcum or baby powder, especially the giant multinational corporation Johnson & Johnson.

Two huge settlements in particular involved millions of dollars being awarded to victims and their families. One of them involved a woman named Gloria Ristesund; on May 2, 2016, Johnson & Johnson was ordered to pay the woman $55 million in damages.

In another case in May 2017, J&J was ordered by a jury in Missouri to pay $110 million to a woman from Virginia who developed the cancer after using the powder for decades.

These lawsuits have received a high amount of publicity, and many Americans who have used talcum powder for years are growing increasingly alarmed. This alarm can be seen in the fact that there are more than 2,400 baby powder/ovarian cancer lawsuits pending in the US today.

Many people naturally wonder what the statute of limitations is on filing a talcum powder cancer lawsuit. This article addresses that issue, as well as other related matters about talcum powder and ovarian cancer.

Medical Studies Show a Possible Link

As far back as 1971, researchers have found talc particles in up to 75% of all ovarian tumors they studied. A minimum of six clinical studies done in the last 25 years have shown a possible higher risk for cancer for regular users of talcum powder.

Several medical studies over the last decade have indicated there could be a connection between using baby powder on female genitals and ovarian cancer. Tissue samples taken as well as pathology reports that were used to diagnose ovarian cancer have indicated in some cases that ovarian tissues in some women with cancer did contain particles of talc.

Talc particles can be located in the female reproductive system years after it was used, especially in the ovaries, fallopian tubes and pelvic lymph nodes. Talc particles can take many years to break down; they also can cause inflammation in the ovaries, which might in some women increase the chances of cancer.

For example, a meta-analysis in 2003 that reviewed 16 talcum powder ovarian cancer studies was published by Anticancer Research. It found that using baby powder each week could increase the risk of this cancer by 33%.

A 2008 study found that women who use the powder on their genitals each day have a higher risk of getting cancer.

Statute of Limitations for Talcum Powder Lawsuit

Most states have a statute of limitations in place for talcum powder lawsuits. It is important to know what the exact statute of limitations is for your state.

For most states, the statute of limitations for product liability will be between five and 10 years. For wrongful death, the common limit is one to three years.

Clearly, if you think you may have developed ovarian cancer due to using talcum powder, you have no time to waste. Based upon the typical statute of limitations, let us assume that you have two years to file a claim for wrongful death and seven years for product liability. It is 2017.

If you just found out about the possible link between the cancer and the powder, you would only have the legal ground to sue for product liability if you had a diagnosis in 2010 or earlier. Or, if you lost a family member, the year would be 2015.

Our experienced talcum powder and ovarian cancer lawsuit attorneys want to help all who contact us. However, there are many people who may have been diagnosed with cancer in the 1990s or early 2000s who do not have any legal recourse at this time. Or, we sometimes hear from people who had a family member who died from ovarian cancer years ago. But because the information was withheld for years, there is no legal recourse available.

We point these hard facts out only to emphasize that it is very important for women who think their cancer is due to using talcum powder to contact an experienced personal injury attorney immediately, before time runs out.

Who Can File a Baby Powder Lawsuit?

Every ovarian cancer and baby talc case is different, and it is recommended to have a personal consultation with a personal injury attorney as soon as possible about your possible case. Some of the qualifications our baby powder cancer lawyers look at when evaluating a case are:

  • Cancer type: There are many types of ovarian cancer. Epithelial ovarian cancer in particular has been linked to baby powder use by women who use it to dust their genitals after bathing. Talc particles can work their way into the female reproductive system and get into the ovaries where they can reside for years. The potential inflammatory reaction can increase the risk of epithelial ovarian cancer. Less common types of cancer usually have a lower chance of being caused by baby powder.
  • Exposure to talcum powder: Women with epithelial ovarian cancer may be able to file a talcum powder lawsuit, if they have a clear and provable history of using baby powder for feminine hygiene. The most common exposure is with Johnson’s Baby Powder, or Shower to Shower. Talcum powder also may be used on condoms, diaphragms, and menstrual pads. Exposure to talcum powder needs to have occurred regularly over a period of months or years. The chances of getting cancer rises the longer the woman used baby powder.
  • Diagnosis: When you were diagnosed is a critical factor to determine if you have a viable case. As noted above, statute of limitations vary by state, and can be affected whether the person died due to the cancer.

Our attorneys will review your case based upon these factors to determine if you have a possible case. For there to be a valid product liability or wrongful death claim, these elements must be proven:

  • You have to show that you were injured
  • You have to prove that the powder was either defective or had inadequate warnings or instructions
  • You have to show that the lack of warning or defect caused your injuries
  • You have to prove that the product was used in the way it was supposed to be used

For women who meet the above requirements, there is a good chance that you could be eligible to file a talcum powder lawsuit; you could be eligible for compensation.

Contact a Talcum Powder Lawsuit Attorney Now

The statute of limitations for filing a talcum powder lawsuit could expire soon. Time is of the essence. Contact one of our talcum powder lawsuit attorneys today for a free consultation.

Michael Bennett

About Michael Bennett

Michael Bennett is Editor-in-Chief of Consumer Protect.com. Since 1999, he's worked across a multitude of areas of consumer protection including defective products, environmental issues, identity theft, predatory lending and more. His mission with Consumer Protect.com is to promote & support competition in all industries but not at the expense of the consumer. If you find his articles helpful please share them with your readers.