Johnson & Johnson has been ordered to pay $18.8 million to a California man who claims that he developed cancer as a result of using its baby powder. Emory Hernandez Valadez, aged 24, filed a lawsuit last year in California state court, alleging that he developed mesothelioma due to his heavy exposure to the talc-based powder since childhood. The recent jury ruling is a setback for Johnson & Johnson as it attempts to settle thousands of similar cases over its talc-based products in U.S. bankruptcy court.
The jury determined that Valadez was entitled to damages to cover his medical expenses and pain and suffering, although they did not award punitive damages against the company. However, Valadez will not be able to collect the judgment in the near future due to a bankruptcy court order that has frozen most litigation over Johnson & Johnson’s talc.
Erik Haas, the vice president of litigation for Johnson & Johnson, stated that the company intends to appeal the decision, arguing that it goes against independent scientific evaluations that have confirmed the safety of Johnson’s Baby Powder and its lack of asbestos content.
Closing arguments in the trial took place on July 10, with Johnson & Johnson’s lawyers maintaining that there was no evidence linking Valadez’s mesothelioma to asbestos or proving that he had been exposed to contaminated talc. Conversely, Valadez’s lawyers accused the company of a long-standing cover-up of asbestos contamination.
Valadez testified in June, explaining to the jury that he would have avoided Johnson & Johnson’s talc if he had been informed about its asbestos content, as alleged in his lawsuit. His mother, Anna Camacho, also testified, tearfully describing her son’s illness and revealing that she had used large amounts of the baby powder on him during his infancy and throughout his childhood.
Numerous plaintiffs have filed lawsuits against Johnson & Johnson, asserting that its talc products, including the baby powder, contained asbestos and caused ovarian cancer and mesothelioma. The company, however, maintains that its talc products are safe and asbestos-free. To address the mounting litigation, Johnson & Johnson subsidiary LTL Management filed for bankruptcy in April, aiming to settle over 38,000 lawsuits by paying $8.9 billion and prevent new cases from arising.
Although most litigation has been paused during the bankruptcy proceedings, Valadez’s trial was allowed to proceed because of his limited life expectancy due to his rare form of mesothelioma—a distinction that sets his case apart from the majority of pending lawsuits against Johnson & Johnson.
Plaintiffs filing asbestos-related claims are seeking the dismissal of LTL’s bankruptcy filing, arguing that it was brought in bad faith to shield the company from legal action. Johnson & Johnson and LTL contend that bankruptcy offers a fair, efficient, and equitable method for settling claims, unlike trial courts, which they compare to a “lottery” where some plaintiffs receive substantial awards while others receive nothing.
According to bankruptcy court filings, Johnson & Johnson has incurred approximately $4.5 billion in costs related to talc verdicts, settlements, and legal fees.
In conclusion, the recent jury verdict ordering Johnson & Johnson to pay $18.8 million to Emory Hernandez Valadez represents a setback for the company as it navigates thousands of similar cases related to its talc-based products. Despite the appeal planned by Johnson & Johnson, the ruling underscores the potential risks associated with the use of talc-based products and highlights the ongoing legal battle between the company and plaintiffs alleging harm caused by these products.
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