Q: Is my Doctor or Hospital going to be brought into the case?
A: No, this is not a case against any doctors, hospitals, pharmacies or any other health care provider. We believe fault lies solely with the manufacturer of the product.
Q: How much time do I have to file my lawsuit?
A: You can file your litigation only within a maximum timeframe defined by each state, known as the Statute of Limitations. You must either resolve your claim fully and completely within the limitations period or file a lawsuit in court. Failure to comply may result in your case being forever barred. Some states have Statutes of Limitations as short as one (1) year, so every day you wait means you have one less day to seek just compensation. Like a virtual ticking time bomb, if you wait too long, you run the risk of never being able to collect any money.
Q: Do I need to provide any proof of talcum use (receipts, bottles)?
A: No, you don’t. You just need to provide valid testimony or proof that using talcum for feminine hygiene was a personal or family habit of the subject who was diagnosed with ovarian cancer. This testimony can be provided by you, your spouse, your relatives, or any other person with personal knowledge of your talcum powder habits.
Q: What kind of evidence do I need to provide?
A: In talcum powder cancer cases, it is vital that your medical records remain available; especially the pathology report which shows precisely which particular type of ovarian cancer you were diagnosed with. This information is important to confirm that your cancer was epithelial cancer (serous or serous invasive) and not stromal or germ. Ovarian tissue samples that were collected from you and sent to the pathology department when you were first diagnosed or when you had a hysterectomy are also amongst the most important pieces of evidence in the case. Experts can view this tissue under a scanning electron microscope (SEM) to determine the presence of talc fibers in the ovaries and surrounding cancerous tissue.
Please note that at the time of your diagnosis, the pathologist likely would not have been looking for talc fibers and almost certainly would not have tested your tissue samples for the presence of talc fibers. Testing for talc fibers in the ovaries is a highly specialized procedure that can only be done under a SEM. Our firm can arrange for the preservation of tissue samples and obtain the proper testing of tissue samples for our clients.
Q: What can I do to protect my evidence?
A: The importance of protecting your evidence cannot be overstated. Medical providers only keep your records for a relatively short period of time. So, immediate action needs to be taken before these records are destroyed or otherwise become inaccessible. It is critical that the hospitals be immediately put on notice with a preservation letter not to destroy your tissue samples and pathology report. By calling us, we can take care of these immediate matters for you and make sure your Legal Rights and your Evidence is protected.
Q: Which products or companies are subject to litigation?
A: Any manufacturer of talc-based products that have contributed to a woman developing ovarian cancer may be held liable through a lawsuit. More than 1,000 suits have been filed against Johnson & Johnson for failing to warn women of the risk of developing ovarian cancer from using its popular baby powder in the pelvic area.
Q: Who is eligible?
A: If you or a loved one has contracted ovarian cancer after using talc-based powders or products in the genital area, you may be entitled to compensation for pain and suffering, medical bills, economic injury, and (in the case of a loved one’s death) funeral expenses.
Q: How much does it cost?
A: Scovern Law uses a contingency fee contract. This means that we will only collect if the case is successful. We accept a fixed percentage of the recovery.
For more information about Scovern Law go to www.scovernlaw.com
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