Talcum powder lawsuits are based on different types of law, which have different statutes of limitation. If you want to know what the statute of limitations is for talcum powder causing ovarian cancer or mesothelioma claims, it is important to know that it can vary depending on your state. A statute of limitations is a deadline to file a claim in court. You must file your claim in a timely manner in order to receive compensation for your injuries. Missing the deadline, even by one day, can prevent you from obtaining the monetary recovery you may deserve. Contact the attorneys at Pintas & Mullins Law Firm at (800) 307-3113 for a free case review and to determine how long you have to file your claim in court. We work on a contingency basis, so you do not pay unless we win.
Product Liability Law for Talcum Powder Injury Cases
Product liability law handles talcum powder lawsuits, which legally requires manufacturers of products to ensure the safety of their products if they are in the stream of commerce in the United States. There are strict liability standards for any unsafe, dangerous, or defective product. These legal standards state that if any product in the stream of commerce is found to be defective or dangerous in any way, the manufacturer is liable for any injuries of victims related to their product.
Illinois Statute of Limitations
In the state of Illinois, you have two years to file a lawsuit starting on the date that you knew, or should have known, that your use of talcum powder caused your ovarian cancer or mesothelioma. However, the statute of limitations in Illinois can be complex. As an example, Illinois also has a 12-year statute of repose (the longest period of time possible to file a lawsuit). Once the product is sold, the 12-year statute of repose begins. The state also has a 10-year statute related to the delivery of the product to its first owner. Also, for minor children, the statute of limitations will not begin until the child turns 18 years of age.
Visiting with a talcum powder lawyer as soon as your doctor diagnosed you with ovarian cancer or mesothelioma can help you determine how long you have in your individual case to file a claim against a talcum powder manufacturer. Contact Pintas & Mullins Law Firm at (800) 307-3113. We can help you determine your exact deadline to file a claim in court and help you build your case.
For a free legal consultation, call (800) 307-3113
When the Statute of Limitations Timeline Begins
In many product liability cases, the statute of limitations timeline could begin at different points of time. The following are possible starting dates for a statute of limitations deadline to file a claim in court for talcum powder lawsuits:
- The Food and Drug Administration (FDA) issues a recall for all talc-containing products, which has not yet occurred to date.
- The FDA issues a warning that talcum powder causes ovarian cancer, which has not yet occurred to date.
- Johnson & Johnson, or another talc-manufacturer, fully admit that their talc-containing products are dangerous or defective. Interestingly, as recently as October 2019, Johnson & Johnson issued a recall of a single lot of talcum powder-based on finding asbestos within the product.
- You discover or realize that your use or exposure to a talc-containing product may have caused your ovarian cancer or mesothelioma.
- You have a scanning electron microscope imaging study which confirms that there are talc fibers in your cancerous tissue.
Your doctor may have diagnosed you several years ago. However, federal law requires that all tissue samples need to be retained for ten years, after which they are typically destroyed. Contacting a talcum powder lawyer as soon as possible can help you preserve the evidence that you may need to bring a lawsuit against a talcum powder manufacturer. A lawyer can send a preservation letter to your hospital or medical facility to attempt to prevent your tissue samples from being destroyed.
Contact a Talcum Powder Lawsuit Lawyer
No matter which state you attempt to file your talcum powder lawsuit in, each state will have a deadline to submit your lawsuit to the court. If your doctor diagnosed you with ovarian cancer or mesothelioma, and you are wondering, “What is the statute of limitations for talcum powder causing ovarian cancer or mesothelioma claims?” Our attorneys can help explain what deadlines apply to you and how to preserve the evidence in your case. Please contact Pintas & Mullins Law Firm at (800) 307-3113 for a free consultation.