Talcum Powder Statute Of Limitations Issue
As the litigation against Johnson & Johnson heats up with two huge settlements in two separate cases being awarded to victims who used Talcum Powder and then developed ovarian cancer, public awareness of the dangers of talc have been at the forefront of news and social media the last few months. But along with the new awareness, comes the realization that the Talcum Powder Lawsuit Statute of Limitations may pose a huge problem for victims.
As the link between talcum powder and ovarian cancer becomes more widely known, more and more victims and family members of victims are exploring their options to find out weather or not they might have a claim against the manufacturers for their ovarian cancer issue. In the two aforementioned cases, it was brought to light that J & J may have known as early as the 1970’s that there was a link between talc and ovarian cancer.
Talcum Powder Lawsuit Statute Of Limitations:
Here’s where it gets frustrating – every state has a statute of limitations, or time limit in which a potential victim can file a talcum powder lawsuit – for both product liability, and wrongful death. While this varies from state on both fronts, typically there is a statute on product liability that ranges between 5-10 years, and a statute on wrongful death claims between 1-3 years. So if you just found out about these deadly talcum powder side effects, if you were diagnosed too long ago, you may have no legal recourse.
So let’s do some math. It’s mid May, 2016. That means if we figure an average talcum powder statute of limitations of 2 years on wrongful death and 7 years on product liability lawsuits, that if you just found out about this from a news article or commercial, you would only have legal ground to stand on if you had an ovarian cancer diagnosis dating back to May of 2009 or previous, or in the event that you lost a family member, May of 2014.
We help connect people that have been injured by bad drugs and medical devices to seek legal recourse and compensation. As the link between talcum powder and ovarian cancer has become bigger news, we’ve seen a huge uptick in phone calls and emails from women or their families, who have been diagnosed with or passed away from ovarian cancer. Understandably, they’re furious about the fact that J & J withheld this info and further, continues to sell these products for use on women and children.
While we try to help everyone who calls us, unfortunately we have seen dozens, if not hundreds, of these victims who have been diagnosed in the 1980’s, 1990’s, or early 2000’s and simply have no options from a legal standpoint. Worse still, we’ll get calls from the spouse or child of someone who died of this horrible disease, and have to tell them that, simply because this info was withheld for so long, that we can’t help. There’s not much more frustrating than having to tell the family of someone who died, that they may have just found out what caused this to happen, but the clock has run out on the talcum powder lawsuit statute of limitations.
Is the cover up worse than the crime in this case? That’s a tough question when the crime is horrific, but should a company be rewarded by not having to pay damages to victims or their families, simply because they were good at withholding information for decades?