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Writer's pictureKirk Hartley

A Talc “Personal Use” Complaint That Cries Out for Genetic Investigation of the Ovarian

A new ovarian cancer complaint cries out for genetic investigation. The facts suggesting that need are that the plaintiff developed ovarian cancer at age 45, and her mother died of ovarian cancer.  That type of history should raise a red flag for all involved lawyers – on either side – to investigate and think about a possible role of genetics in these two ovarian cancers. Once again, the information arrives from HarrisMartin’s detailed tracking of the talc litigation and its frequent reports on new developments. The case is pending in the Southern District of Illinois, and the complaint is online.

The case also illustrates another variable for defendants and for insurance coverage lawyers. That variable arises from the fact that some cancers can be stopped, at least for a time. When that happens, there may be multiple personal injury claims and trials involving what may be viewed as one cancer or two cancers or….. The complaint also raises fear of recurrence issues. And, if “recurrence” occurs and is fatal, a wrongful death suit may follow.

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