Johnson & Johnson has been ordered by a jury to pay $18.8 million to a man from California who claimed that he developed cancer due to exposure to the company’s baby powder. This verdict is a setback for Johnson & Johnson as it aims to resolve numerous similar cases related to its talc-based products in US bankruptcy court.
The jury ruled in favor of Emory Hernandez Valadez, who filed a lawsuit last year in California state court, seeking monetary compensation from J&J. Hernandez, aged 24, alleges that he developed mesothelioma, a fatal cancer, in the tissue around his heart due to prolonged exposure to J&J’s talc since childhood. This six-week trial marked the first talc-related case that J&J faced in nearly two years.
While the jury concluded that Hernandez should receive damages to cover his medical expenses and pain and suffering, they chose not to award punitive damages against the company. However, due to a bankruptcy court order freezing most talc litigation against J&J, Hernandez will likely be unable to collect the judgment in the foreseeable future.
Erik Haas, J&J’s vice president of litigation, expressed the company’s intention to appeal the verdict, asserting that it contradicts the numerous independent scientific evaluations affirming the safety of Johnson’s Baby Powder, stating that it does not contain asbestos or cause cancer.
As of now, no comments have been obtained from Hernandez’s lawyer.
Reuters observed the trial proceedings via Courtroom View Network.
During the closing arguments on July 10, J&J’s legal team contended that there was no evidence linking Hernandez’s specific type of mesothelioma to asbestos or proving his exposure to contaminated talc. On the other hand, Hernandez’s lawyers accused J&J of concealing asbestos contamination for decades, characterizing it as a “despicable” cover-up.
In June, Hernandez testified in court, informing the jurors that he would have refrained from using J&J’s talc if he had been warned about its asbestos content, as alleged in his lawsuit. The jurors also heard from Hernandez’s mother, Anna Camacho, who tearfully recounted her use of significant amounts of J&J’s baby powder on her son during his infancy and childhood. She emotionally described Hernandez’s illness.
Thousands of plaintiffs have filed lawsuits against J&J, alleging that its baby powder and other talc products sometimes contained asbestos, leading to ovarian cancer and mesothelioma. J&J maintains that its talc products are safe and asbestos-free, with mesothelioma being associated with asbestos exposure.
In April, J&J subsidiary LTL Management filed for bankruptcy, proposing a $8.9 billion settlement to resolve over 38,000 lawsuits and prevent new ones. This was the company’s second attempt to address talc claims in bankruptcy after a previous attempt was rejected by a federal appeals court.
While most litigation has been paused during the bankruptcy proceedings, Hernandez’s trial was allowed to proceed by U.S. Chief Bankruptcy Judge Michael Kaplan, given his expected short lifespan.
Hernandez’s type of mesothelioma is extremely rare, setting his case apart from the majority of cases pending against J&J.
Asbestos plaintiffs are seeking the dismissal of LTL’s recent bankruptcy filing, arguing that it was done in bad faith to shield the company from legal actions.
J&J and LTL argue that bankruptcy provides a more equitable, efficient, and fair method of compensating plaintiffs compared to trial courts, which they liken to a “lottery” where some claimants receive substantial awards while others receive nothing.
According to J&J’s bankruptcy court filings, the company’s expenses related to talc verdicts, settlements, and legal fees have amounted to approximately $4.5 billion.
