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Is There a Statute of Limitations for Talcum Powder Lawsuits?

There is a statute of limitations in talcum powder lawsuits, but the time limit that applies in your case depends on the jurisdiction where you filed your case, as well as a number of other factors. Statutes of limitations are state laws that put a deadline on filing a civil suit in a legal matter or filing charges in a criminal matter. In talcum powder cancer cases, civil suits allow victims to pursue compensation and hold the powder manufacturers responsible.

There is ongoing multidistrict litigation regarding talcum powder in U.S. District Court – District of New Jersey. This is known as Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation, or MDL-2738.

On July 16, 2020, there were 18,283 pending cases in this MDL, according to the United States Judicial Panel on Multidistrict Litigation. If you have time remaining based on the statute of limitations that applies to your talcum powder injury case, you could join this MDL already underway.

Deadlines May Differ From the Statute of Limitations

While there is a statute of limitations for talcum powder lawsuits, these state laws do not always tell the whole story. Some additional laws and stipulations may apply, both under the state statutes and in individual cases. The statute of limitations provides a general rule, but the general rule may or may not apply in your case. Our team will help you understand the deadlines for filing a lawsuit, including:

  • When the clock began ticking in your case
  • If tolling (essentially, extending,) the statute of limitations is allowed
  • If there is an applicable statute of repose (i.e., another form of a legal deadline to act to enforce rights.)
  • If different timelines apply to a wrongful death case

Any of these factors could alter the timeline in your talcum powder lawsuit. They could extend the time you have to file paperwork to join MDL-2738 or shorten it. Either way, it is important to understand is that there are limits in these cases, and they are often short. You should take action to learn more as soon as possible.

The Importance of Meeting All Applicable Deadlines in Your Case

No matter what the cut-off date for filing your lawsuit is, it is imperative that you do not miss it. Missing the deadline will result in losing your right to take legal action and hold the powder manufacturer and other liable parties responsible. This means you are unlikely to be able to recover compensation for the damages you suffered.

There are also other reasons why it is important to act quickly. Late-stage ovarian cancer and mesothelioma are aggressive cancers that often take the lives of those who have them. You do not want to wait until you are too sick to take action.

Lastly, documenting the use of talcum powder products relies heavily on memory, which fades over time. According to the American Cancer Society, this is one reason why it is so difficult to know how big of a risk these products pose. People simply forget their personal hygiene routine as it changes and time passes. The sooner you record your statements and testimony on it, the better chance you will remember the details.

Go to Work Building Your Case for Compensation Today

If you are ready to take action in your case, you may want to speak with an attorney who is taking on talcum powder cancer lawsuits in your state. Give Friedman & Simon, L.L.P. a call today to learn more about your rights and how we will help if you qualify to join MDL-2738.

At Friedman & Simon, L.L.P., we do the following for those we represent in a talcum powder lawsuit:

  • Keep you updated about your case
  • Identify liable parties
  • Communicate with all parties for you
  • Gather evidence
  • Determine a value for your case

We will also enlist the help of expert witnesses to prove your case. This often includes medical experts, vocational rehabilitation specialists, and life care planners. They will help us prove your losses and recover damages, such as:

  • Medical diagnosis, treatment, and care expenses
  • Ongoing support and care
  • Lost income and benefits
  • Pain and suffering damage
  • Other intangible losses

Discuss Your Case With a Member of Our Talc Powder Lawsuit Team for Free Today

At Friedman & Simon, L.L.P., we are passionate advocates for the injured. If you received a mesothelioma or ovarian cancer diagnosis and used talcum powder for personal hygiene purposes, we will review the details of your case for free. You could qualify to take legal action and possibly even join MDL-2738, which is already underway.

Call Friedman & Simon, L.L.P. at (516) 932-0400 today for a review of your case at no cost to you.

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