In 2016 there was a high-profile lawsuit verdict against Johnson & Johnson regarding a woman who contracted ovarian cancer after using talcum powder. This led to The Falkowitz Law Firm in Long Island, New York to notice a sharp spike in the number of calls regarding talcum powder lawsuits.
Many New York women have developed ovarian cancer after using talcum powder as a daily part of their feminine hygiene routine and have been calling us to find out if they can file a talcum powder lawsuit.
How Do I Know if I Qualify for A Talcum Powder Lawsuit in New York?
In general, you may qualify to file a talcum powder lawsuit in New York if:
- Kind of Cancer: There’s a type of cancer called epithelial ovarian cancer that has a link to the use of talcum or baby powder that contains talc as an ingredient. Epithelial ovarian cancer is the most common type of ovarian cancer.
- Using Talcum Powder: If you were one of the thousands of women who used talcum powder or Shower to Shower, or another talc-based product for feminine hygiene as an adult woman, you may have a claim. If you only used talcum powder occasionally, or sporadically throughout your life that isn’t enough.
Generally speaking, if you used baby powder regularly for at least two years your claim may be successful. The chances of you developing ovarian cancer from using talc-based products do increase with the number of years you used the product and how frequently you used talcum powder.
- When Were You Diagnosed With Cancer: Each state has its own Statute of Limitations that are different if you are the family of a woman who died from ovarian cancer. However, there are exceptions based on whether your deceased loved one knew how they got ovarian cancer.
What About the Statute of Limitations?
In New York, there are a few factors that may determine the length of time you have to file your talcum powder lawsuit. Generally, the statute of limitations begins to run using the beginning date to calculate the statute of limitations to coincide with the date you suffered your injury.
However, a normal personal injury statute of limitations would preclude you if you were a victim of an illness that was caused by talcum powder from meeting the statute of limitations.
What Does Long Latency Mean?
Some types of illnesses have a long latency period. This means that sometimes the symptoms of your illness may not be apparent immediately. It is possible that you could be suffering from mesothelioma and not be diagnosed for a prolonged period after you were exposed to the talcum powder that caused you to become ill.
The latency factor when combined with the known fact that illnesses from talcum powder normally only takes place after years of use and exposure, can make it difficult if not almost impossible to nail down one specific date that could trigger the Statute of Limitations in New York.
What is the Statute of Repose?
In addition to the Statute of Limitations, the talcum powder lawyers at The Falkowitz Law Firm in Long Island, New York, must also take into consideration the Statute of Repose. The Statute of Repose was put into place to protect any defendants from long-term liability which could negate your ability to recover any monetary damages.
Call The Falkowitz Law Firm for Your Talcum Powder Claim
At The Falkowitz Law Firm in Long Island, New York, we understand how the Statute of Limitations for talcum powder caused ovarian cancer or mesothelioma works in New York. The earlier you begin the better chances you can meet any time constraints.
If you or a loved one has been diagnosed with mesothelioma or ovarian cancer as a result of long-term use of talcum powder, The Falkowitz Law Firm will do everything possible to ensure you receive all the monetary compensation you deserve.