If you have a history of using talcum powder and received a diagnosis of mesothelioma or ovarian cancer, you may have the right to file a product liability lawsuit. This lawsuit would be against the retailer, manufacturer, or distributor of the product that made you ill.
If your loved one died from mesothelioma or ovarian cancer, and you believe that talcum powder caused their condition, you may be able to file a wrongful death lawsuit on their behalf.
However, it is important to understand that both of these types of lawsuits may have a time limit for when you can file. The applicable statute of limitations period determines how much time you have until a lawsuit must be filed.
What is a Statute of Limitations?
A statute of limitations is a law that states the maximum time allowed for a person to wait before filing a lawsuit against another. There is a statute of limitations that applies in a mesothelioma lawsuit.
Each state has a different rule for when the time starts to count down. If a claim is filed after the statute of limitation passes, the claim may be dismissed.
Most states have a two-year statute of limitations on product liability lawsuits, but some states may allow for four or more years. Wrongful death lawsuits typically have a statute of limitations of one to three years. A skilled personal attorney can assist you in determining the laws that apply in your state and may be able to help you file your lawsuit before the statute of limitations period is reached.
The Purpose of Statute of Limitations in Lawsuits
There are two main components to the statute of limitations.
First: The primary purpose of a statute of limitations is to make sure lawsuits can be handled quickly. Specifically, if a person wishes to file a case against another due to an alleged injury, they should pursue the lawsuit with reasonable diligence.
Second: Requiring lawsuits to be filed soon after an injury arises prevents the facts surrounding the lawsuit from becoming stale. In essence, by the time a stale claim is litigated, a defendant may have lost valuable evidence to disprove the claim. Timeliness helps ensure that evidence and facts necessary to prove or disprove a claim are fresh and discoverable.
What is the Statute of Limitations for Talcum Powder Causing Injury?
Each state has a different statute of limitations period for personal injury and wrongful death cases resulting from the use of talcum powder in product liability lawsuits. These time frames for filing a lawsuit are as follows:
| State | Personal Injury | Wrongful Death |
| Alabama | 2 years from diagnosis | 2 years from death |
| Alaska | 2 years from diagnosis | 2 years from death |
| Arizona | 2 years from diagnosis | 2 years from death |
| Arkansas | 3 years from diagnosis | 3 years from death |
| California | 1 year from diagnosis | 1 year from death |
| Colorado | 2 years from diagnosis | 2 years from death |
| Connecticut | 3 years from diagnosis | 3 years from death |
| Delaware | 2 years from diagnosis | 2 years from death |
| Florida | 2 years from diagnosis | 2 years from death |
| Georgia | 2 years from diagnosis | 2 years from death |
| Hawaii | 2 years from diagnosis | 2 years from death |
| Idaho | 2 years from diagnosis | 2 years from death |
| Illinois | 2 years from diagnosis | 2 years from death |
| Indiana | 2 years from diagnosis | 2 years from death |
| Iowa | 2 years from diagnosis | 2 years from death |
| Kansas | 2 years from diagnosis | 2 years from death |
| Kentucky | 1 year from diagnosis | 1 year from death |
| Louisiana | 1 year from diagnosis | 1 year from death |
| Maine | 6 years from diagnosis | 2 years from death |
| Maryland | 3 years from diagnosis | 3 years from death |
| Massachusetts | 3 years from diagnosis | 3 years from death |
| Michigan | 3 years from diagnosis | 3 years from death |
| Minnesota | 4 years from diagnosis | 3 years from death |
| Mississippi | 3 years from diagnosis | 3 years from death |
| Missouri | 5 years from diagnosis | 3 years from death |
| Montana | 3 years from diagnosis | 3 years from death |
| Nebraska | 4 years from diagnosis | 2 years from death |
| Nevada | 2 years from diagnosis | 2 years from death |
| New Hampshire | 3 years from diagnosis | 3 years from death |
| New Jersey | 2 years from diagnosis | 2 years from death |
| New Mexico | 3 years from diagnosis | 3 years from death |
| New York | 3 years from diagnosis | 2 years from death |
| North Carolina | 3 years from diagnosis | 2 years from death |
| North Dakota | 6 years from diagnosis | 2 years from death |
| Ohio | 2 years from diagnosis | 2 years from death |
| Oklahoma | 2 years from diagnosis | 2 years from death |
| Oregon | 3 years from diagnosis | 3 years from death |
| Pennsylvania | 2 years from diagnosis | 2 years from death |
| Rhode Island | 3 years from diagnosis | 3 years from death |
| South Carolina | 3 years from diagnosis | 3 years from death |
| South Dakota | 3 years from diagnosis | 3 years from death |
| Tennessee | 1 year from diagnosis | 1 year from death |
| Texas | 2 years from diagnosis | 2 years from death |
| Utah | 3 years from diagnosis | 2 years from death |
| Vermont | 3 years from diagnosis | 2 years from death |
| Virginia | 2 years from diagnosis | 2 years from death |
| Washington | 3 years from diagnosis | 3 years from death |
| Washington, D.C. | 3 years from diagnosis | 2 years from death |
| West Virginia | 2 years from diagnosis | 2 years from death |
| Wisconsin | 3 years from diagnosis | 3 years from death |
| Wyoming | 4 years from diagnosis | 2 years from death |
Some states may have different statutes of limitations for product liability cases. As such, it is best to consult with an attorney to learn more about the laws that apply in your state.
When Does the Statute of Limitations Timeline Begin for Talcum Powder Product Lawsuits?
In many types of personal injury cases, the statute of limitations “clock” might start ticking on the date an individual last used the talc-containing product.
Alternatively, under the “discovery rule,” the clock may not start running until a person discovers, or should reasonably have discovered, that they were harmed by the use of the baby powder or talc product, or on the date they were diagnosed with a health issue linked to the use of the product.
Talcum powder manufacturers are likely to claim that the onset of symptoms, instead of the diagnosis of a health problem, is enough to start the statute of limitations “clock” in certain instances. Some courts have agreed with the manufacturers to start the clock at the onset of symptoms.
An asbestos or mesothelioma lawyer can help determine the relevant state’s laws and whether it follows the discovery rule in talcum powder cases.
The Importance of Meeting the Applicable Statute of Limitations in Your Talcum Powder Case
There are a few reasons you will want to file your case within the statute of limitations: it reduces the risk of your case being dismissed, it allows you to receive mesothelioma compensation sooner, and it makes use of more accurate memory and fresher evidence.
Lawsuit Dismissal
Regardless of the cut-off date for filing a talcum powder lawsuit, you must not miss it. Missing the deadline may prevent you from pursuing a lawsuit against the talcum powder manufacturer and other parties responsible. If your lawsuit is dismissed, it means you will not be able to recover monetary mesothelioma compensation for the damages you experienced.
Earlier Compensation
Late-stage mesothelioma and ovarian cancer are aggressive asbestos-related diseases that often take the lives of patients. As such, you do not want to wait until you are too ill to take legal action against those who caused you harm.
Quality of Evidence and Memory
Lastly, documenting the use of talcum powder-containing products heavily relies on a person’s memory, which may fade over time. People simply forget their routine use of a product, which may change as time progresses. Accordingly, the sooner you record your statements and provide testimony on them, the better chance you will remember the details necessary to file a successful mesothelioma lawsuit.
Talcum Powder Lawsuits
As noted above, talcum powder is linked to an increased risk of mesothelioma and ovarian cancer. According to the American Cancer Society, this is because asbestos is sometimes contained in talcum powder, which manufacturers such as Johnson & Johnson have known since the early 1970s.
Recently, there have been several successful mesothelioma lawsuits against distributors, manufacturers, and sellers of talcum powder products (such as Johnson & Johnson’s Baby Powder) where companies willingly put users through asbestos exposure and failed to disclose the information to the public.
Johnson & Johnson Talc-Based Baby Powder Lawsuit
One such judgment awarded $4.69 billion in damages to 22 plaintiffs who sued Johnson & Johnson. They asserted that its talcum powder products were the cause of their ovarian cancer. Moreover, in February 2020, a New Jersey court awarded $750 million in punitive damages to four individuals whose mesothelioma was linked to their use of talcum powder.
Johnson & Johnson Multi-District Litigation Talcum Powder Lawsuit
Additionally, Johnson & Johnson currently faces approximately 20,000 baby powder and Shower-to-Shower® lawsuits pending in multi-district litigation (MDL) in the United States District Court for the District of New Jersey.* Each lawsuit involves claims that exposure to talc and asbestos-containing particles in the company’s talcum powder products resulted in the development of ovarian cancer and other serious injuries. This MDL continues to grow, with roughly 100 new cases added per week.
In addition, the company faces an additional 2,000 claims pending in various state courts throughout the country.
New Jersey uses its statute of limitations for all mass tort cases filed within the state, which is two years from the date of diagnosis. New Jersey does have a discovery rule, but it does not apply to wrongful death claims.
When to Contact a Lawyer About Your Injury Caused by Talcum Powder
An experienced personal injury lawyer will understand the complexities of the statute of limitations in talcum powder cases applied in your state. As with any personal injury case, the earlier you hire an attorney, the better position you will be in to meet the timeframe established by your state to file your lawsuit.
As such, if you develop symptoms that you believe are linked to your use of talcum powder, it is important to contact a skilled personal attorney right away to learn more about your legal rights and options. Keep in mind that the majority of attorneys will only start a talcum powder lawsuit after they confirm the potential client has a specific health issue linked to their use of a talc-containing product.
Additionally, by hiring legal representation as soon as possible, you provide your attorney with more time to gather evidence, interview potential witnesses, and calculate the damages that you may be entitled to receive. This extra time helps your attorney develop a solid case that may land you the compensation you deserve.
Mesothelioma Wrongful Death Settlements and Lawsuits
In cases where a loved one has passed away from mesothelioma, families may pursue mesothelioma wrongful death lawsuits. These lawsuits seek to hold companies accountable for asbestos exposure that led to the illness. A wrongful death claim allows the family to recover compensation for medical bills, lost wages, and emotional suffering.
An asbestos or Mesothelioma lawsuit settlement often occurs outside of court, but each mesothelioma wrongful death settlement depends on the unique circumstances of the case. Working with a skilled mesothelioma lawyer can help ensure that the settlement reflects the full extent of the family’s loss and suffering.
Importance of Mesothelioma Lawyers
A well-versed mesothelioma lawyer can also assist families in navigating the complexities of an asbestos wrongful death lawsuit. Legal professionals, such as those at Sokolove Law or Kazan Law, specialize in these cases and can help determine the best legal approach for victims. Their expertise is invaluable in securing compensation from asbestos claims, asbestos trust funds, and mesothelioma settlements.
Mesothelioma Victims and Asbestos Litigation
Victims of mesothelioma caused by asbestos exposure often face high medical costs. Filing a mesothelioma lawsuit or seeking mesothelioma compensation helps alleviate the financial burden of treatment. In addition to wrongful death lawsuits, asbestos litigation has led to substantial payouts through asbestos trust funds for those harmed by exposure.
Asbestos Cases and Verdicts
In some instances, mesothelioma victims have achieved large settlements or court victories. One notable case resulted in a mesothelioma verdict of $117 million in a mesothelioma lawsuit settlement. However, each mesothelioma case varies, and the amount recovered will depend on factors like the duration of asbestos exposure and the health impacts suffered.
Pursuing Justice Through Mesothelioma and Wrongful Death Claims
Families of mesothelioma victims should act swiftly due to the wrongful death statute that limits the time to file a claim. The average wrongful death settlement can range significantly depending on the details of the asbestos lawsuit or mesothelioma wrongful death claim. An experienced mesothelioma lawyer will ensure that the family’s rights are protected throughout the litigation process.
Common Questions About Statutes of Limitations in Talcum Powder Cases
A statute of limitations is a legal time frame that determines how long you have to file an asbestos lawsuit, including those related to mesothelioma and wrongful death.
The statute of limitations for a talcum powder lawsuit or mesothelioma lawsuit varies depending on state laws, typically ranging from one to six years. An attorney can guide the specific time limit applicable to your mesothelioma wrongful death lawsuit or asbestos exposure case.
Statutes of limitations were established to ensure that claims, including wrongful death lawsuits and mesothelioma cases, are filed promptly. This protects defendants from unfair lawsuits where evidence may have deteriorated over time, making it difficult to mount a proper defense.
The statute of limitations for talcum powder lawsuits begins at different points depending on your state’s legal rules. It might start when a person is diagnosed with a talcum powder-related illness or when they become aware or should have become aware, that they were harmed by its use. An experienced lawyer can help you pinpoint the exact starting point in your mesothelioma wrongful death claim.
