The high profile ovarian cancer lawsuit verdict in 2016 against Johnson & Johnson for a woman who contracted ovarian cancer after using talcum powder has led to Jeffcoat Injury and Car Accident Lawyers to see a spike in the number of calls regarding talcum powder lawsuits.
Many South Carolina women who have used talcum powder as part of their feminine hygiene routine and then developed ovarian cancer, have been calling us to see if they qualify for a talcum powder lawsuit.
How Do I Know if I Qualify for a Talcum Powder Lawsuit in South Carolina?
Generally speaking, you may qualify for a talcum powder cancer lawsuit in South Carolina if:
- Type of Cancer: There’s a very specific type of cancer called epithelial ovarian cancer that’s been linked to talcum or baby powder that contains talc. Epithelial ovarian cancer is also the most common type of ovarian cancer.
- Use of Talcum Powder: If you used a talcum powder such as Johnson’s Baby Powder or Shower to Shower, or some other talc-based product for feminine hygiene as an adult, you might have a claim. Only using talcum powder sporadically throughout the years isn’t enough. In general, terms, using the baby powder regularly for at least four years may be necessary for your claim to be successful. The chances of developing ovarian cancer or Invasive Fallopian Tube Cancer from talc-based products increase with the number of years you used the product and how frequently you used talcum powder.
- When You Were Diagnosed with Cancer: There are Statutes of Limitations that vary from state to state and are different if you are the family of a woman who died of ovarian cancer. Time limits range from 1-6 years, but some exceptions are based on whether your deceased loved one knew how they contracted ovarian cancer. The courts can be petitioned on a case by case basis to attempt to get the statute of limitations waived.
What About the Statute of Limitations?
There are several factors that can determine the length of time you may have to file your talcum powder lawsuit and how long it takes for a talcum powder lawsuit to be resolved. Normally, the Statute of Limitations starts to run using the beginning date to calculate the Statute of Limitations coincides with the date you suffered your injury.
However, the normal personal injury statute of limitations would preclude a victim of an illness caused by talcum powder from meeting the Statute of Limitations.
What is Long Latency?
Some illnesses have a long latency period. This means that in some cases, the symptoms of your illness may not make themselves known immediately. It’s possible that you could suffer from mesothelioma and not be diagnosed for a long period after you were exposed to the talcum powder that caused your illness.
The latency factor, when combined with the fact that the illness from talcum powder normally only happens after years of exposure, makes it difficult if not near impossible to nail down one date that would trigger the Statute of Limitations.
What is the Statute of Repose?
In addition to the Statute of Limitations, the talcum powder attorneys at Jeffcoat Injury and Car Accident Lawyers in Columbia, South Carolina, must also consider the Statute of Repose. The Statute of Repose was first put into place to protect defendants from long-term liability, which may in some cases negate your ability to recover damages.
Call Jeffcoat Injury and Car Accident Lawyers Now to Begin Your Talcum Powder Claim
At Jeffcoat Injury and Car Accident Lawyers, we understand how the Statute of Limitations for talcum powder-caused ovarian cancer, Invasive Fallopian Tube cancer or mesothelioma works in South Carolina. The earlier you start, the better position you are in to meet any time constraints.
If you or a loved one has been diagnosed with ovarian cancer or mesothelioma as a result of prolonged talcum powder use, Jeffcoat Injury and Car Accident Lawyers will do everything possible to see that you receive the monetary compensation you deserve.
