Why is There a Statute of Limitations on Talc Cancer Lawsuits?
There are statutory limits established for most criminal and civil cases in the United States. Statutes of limitations are put in place in order to have a fair playing field for all parties and not let the matter drag on indefinitely.
Courts in the U.S. have tight controls that limit civil lawsuits and compensation claims. Statutes of limitations are designed to make legal actions occur in a reasonable period of time and to offer protection to defendants in civil lawsuits.
Related Article: Talcum Powder Litigation Update
What Factors Can Affect the Statute of Limitations?
Several factors which could initiate the statute of limitations in a talcum powder cancer claim could include:
- The discovery of the cancer diagnosis and its association with talc use
- The long latency period of ovarian cancer and mesothelioma
- The number of years of exposure to talc powder
- The state where the plaintiff lived
In many cases, Plaintiffs could have used talcum powder for years or even decades before their cancer was diagnosed. So it would be impossible to start the statute of limitations on their first year’s use of talc, and it might not even begin with the initial diagnosis of cancer.
What is a Statute of Repose?
Certain U.S. states have a so-called "statute of repose" for product liability actions, which sets a lawsuit filing time limit based on when the plaintiff suffered harm. The statute of repose sets a deadline based on the passage of time or the occurrence of an event that does not itself cause harm or induce a potential legal claim.
In rare cases, the statutes of limitations can be waived or extended. However, the statutes of repose will limit the time in which any claim may be filed by selecting a final deadline for the plaintiff to bring the case.
Will J&J Settle Talcum Powder Cases in 2022?
To date, Johnson & Johnson has had nearly 38,000 lawsuits related to asbestos in the company's talcum powder products and has paid about $4 billion in settlements, verdicts, and defense costs. In August 2022, J&J stated that it would pull all talcum powder products off the global market in 2023, replacing talc with cornstarch.
Who Can I Sue for Talc Powder Injuries?
Manufacturers, distributors, brands, and retailers of talcum powder have all been named as defendants in lawsuits. Talc manufacturers include:
- Johnson & Johnson
- Imerys Talc North America
- Whittaker, Clark & Daniels
- Vanderbilt Minerals
Talcum powder products named in lawsuits include:
- Johnson’s Baby Powder
- Shower to Shower
- Gold Bond No Mess Powder Spray
- Gold Bond Body Powder
- Gold Bond Extra Strength Body Powder
- Old Spice Powder
Suppliers of talc, as well as retailers including Target, Walmart, CVS, and Walgreens, have all been successfully sued.
How Long Will My Lawsuit Take?
Product liability lawsuits involving talcum powder cancer claims can take months or even years but will vary greatly depending on the facts of the specific case and the litigation strategy of your legal team. While some cases may be resolved in under a year, other claims will take several years to resolve.
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See all related product liability lawsuits our attorneys covered so far.
Get a Free a Lawsuit Evaluation With Our Lawyers
The Product Liability Litigation Group at Schmidt & Clark, LLP law firms is an experienced team of trial lawyers that focus on the representation of plaintiffs in Talcum Powder Lawsuits. We are handling individual talcum powder cases nationwide and currently investigating potential settlements in all 50 states.
Again, if you got ovarian cancer or mesothelioma after using talcum powder, you should contact our law firm immediately. You may be entitled to compensation by filing a suit and we can help.