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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118237
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I was working with an attorney on a lawsuit regarding the

Customer Question

I was working with an attorney on a lawsuit regarding the use of Talcum powder by my mother. She was diagnosised in 1998 with ovarian cancer. She had chemo and surgery and we thought she was cured. However she had recurrent Ovarian Ca and died in 2008. She used Talcum powder all of her life.
I started working with these attorneys 3/14, for well over a year they led me to believe that they were working on the case, I always had to contact them, they didn't contact me at all. They responded but it still led me to believe we had a case. I have a letter dated 10/15 (after I had ask questions to them) that states they hadn't even filed the case. It also stated that it took them along time to get my moms records. 3/14 I signed papers for them to get my moms records. Then on 10/15 I get the letter that they don't think we have a case, most likely the statue of limitations ran out prior to me contacting their office. If that were the case then why didn't they tell me from day 1
I want to know if I have a case against this firm This is emotional abuse to string me along for way over a year. And then tell me they hadn't even filed the lawsuit
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
There have been 2 talcum suits judgments against Johnson & Johnson so far that they caused cancer. Johnson & Johnson is appealing the judgments, but they did lose the cases.
However any case must be timely filed within the statute of limitations which begins to run from the date you discovered the harm. HOWEVER, if the statute of limitations did run out, which in WA was 3 years from her death or 3 years from discovery from a credible medical expert that attributes her death to the talcum caused cancer, then the firm is not liable to you.
The firm is liable to you for malpractice only if the statute of limitations had NOT run out prior to you bringing them the case AND if you have sufficient evidence that the talcum use caused the cancer and her death with credible medical evidence.
You need to contact one of the talcum firms first and get a second opinion on your evidence before you know how to proceed and whether or not you have a claim against the first firm.
Customer: replied 1 year ago.
Well I am assuming that the Statue of limitations hadn't run out or otherwise they would not have had me sign a contingency agreement. Do you agree ? She died in 2008, 3 yrs would be 2011, they took the case in 2014
How do I find a Talcum firm???
Did anyone in 1998 know for sure Talc caused the cancer for sure
So I am suppose to find a medical person that will say it was the Talcum powder that caused the cancer?
She used Talcum powder all of her life, she was overweight and very particular about hygiene. When she was rediagnosed no one told her anything about the powder.
Can I have an attorney that deals with malpractice suits please
I have been in the medical field for 47 years and really need an attorney who can help me
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Not necessarily. Once they get an agreement on a case, they then research it to see what the issues are and if the evidence supports the case and many times find out the statute has expired. However, this is why you need to get a talcum case attorney to review your evidence, such as
Once they make the determination 1) that you have sufficient evidence that would have supported your case AND 2) the statute of limitations was not expired on your claim, THEN you would need a legal malpractice attorney.
We cannot represent you or anyone else from this site. I do handle legal malpractice cases as well as medical malpractice cases. While you have been in the medical field for years, you still need a licensed medical expert who is independent from your biased opinion on the case to link your mom's death to the talcum use. See: Wash. Rev. Code Ann. §§ 4.24.290 and 7.70.40 (West 1992).
Customer: replied 1 year ago.
OK I will try everything you said. I am so upset because they could have kept in contact with me instead of making me wait for 19 months. I am sure the Statue of limitations had run out by then.
Thank you
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
You have a right to be upset. If the statute of limitations had not expired when you first brought the case to them, then not only is this a good case for malpractice to collect damages, but also to make a complaint to the state bar and the attorney involved can receive sanctions including suspension or revocation of his bar license.
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