J&J Ordered to Pay $18.8 Million in Baby Powder Lawsuit by California Jury
On Tuesday, a jury ruled that Johnson & Johnson must pay $18.8 million to a man from California who claimed that he developed cancer as a result of using the company’s baby powder. This verdict is a setback for Johnson & Johnson as it attempts to resolve thousands of similar cases related to its talc-based products in the U.S. bankruptcy court.
The company has faced numerous lawsuits alleging that its talc-based powders contain asbestos and have caused cancer in some users. The outcome of this case may have implications for the company’s efforts to reach settlements and address the ongoing litigation surrounding its baby powder products.
The jury’s ruling favored Emory Hernandez Valadez, a 24-year-old man who filed a lawsuit against Johnson & Johnson (J&J) in California state court last year. He sought monetary damages, claiming that he developed mesothelioma, a deadly cancer, due to heavy exposure to the company’s talc products since childhood. The trial, which lasted for six weeks, was the first talc-related case that J&J has faced in nearly two years. This verdict represents a significant legal blow to the company as it continues to deal with thousands of similar lawsuits over its talc-based products.
The jury’s decision in favor of Emory Hernandez Valadez awarded him damages to cover his medical expenses and pain and suffering resulting from his exposure to Johnson & Johnson’s talc-based products. However, they did not grant punitive damages, which are additional damages intended to punish the defendant for willful misconduct.
Despite the jury’s ruling, Hernandez will not be able to collect the judgment for the time being due to a bankruptcy court order that has frozen most litigation over J&J’s talc products. This ruling comes as J&J faces numerous similar cases and seeks to resolve them through a bankruptcy settlement in the United States.
J&J’s vice president of litigation, Erik Haas, expressed the company’s intention to appeal the verdict, stating that it is not in line with the extensive independent scientific evaluations that have consistently confirmed the safety of Johnson’s Baby Powder, asserting that it does not contain asbestos and does not cause cancer. On the other hand, there has been no immediate response from Hernandez’s lawyer regarding the jury’s decision and the company’s plan to appeal.
During the closing arguments on July 10, Johnson & Johnson’s lawyers contended that there was no evidence linking Hernandez’s mesothelioma to asbestos or proving his exposure to tainted talc. In contrast, Hernandez’s legal team accused J&J of engaging in a “despicable” coverup of asbestos contamination over several decades.
Hernandez himself testified in June, telling the jurors that he would have avoided using J&J’s talc if he had been warned about its potential asbestos content, as his lawsuit alleges. The jury also heard emotional testimony from Hernandez’s mother, Anna Camacho, who revealed that she had used large amounts of J&J’s baby powder on her son during his infancy and childhood. She tearfully described the devastating impact of his illness.
Tens of thousands of plaintiffs have filed lawsuits against Johnson & Johnson, alleging that its baby powder and other talc products contained asbestos, leading to ovarian cancer and mesothelioma. In response, J&J has maintained that its talc products are safe and asbestos-free, refuting any link to mesothelioma.
To address the extensive litigation, a J&J subsidiary named LTL Management filed for bankruptcy in April in Trenton, New Jersey, proposing a settlement of $8.9 billion to resolve over 38,000 lawsuits and prevent new cases from emerging. This is the company’s second attempt to address talc-related claims in bankruptcy, as a previous bid was rejected by a federal appeals court.
During the bankruptcy proceedings of J&J subsidiary LTL Management, most litigation has been put on hold. However, U.S. Chief Bankruptcy Judge Michael Kaplan allowed Emory Hernandez Valadez’s trial to proceed because of his terminal condition and short life expectancy.
Hernandez’s case is unique compared to the majority of pending cases against J&J as his form of mesothelioma is extremely rare. Asbestos plaintiffs are seeking to have LTL’s recent bankruptcy filing dismissed, claiming that it was brought in bad faith to shield the company from further litigation.
J&J and LTL have contended that bankruptcy provides a more equitable and efficient way to handle settlement payouts to plaintiffs compared to trial courts, which they have characterized as a “lottery” system where some litigants receive large awards while others get nothing.
According to J&J’s bankruptcy court filings, the company has incurred approximately $4.5 billion in costs related to talc-related verdicts, settlements, and legal fees. The bankruptcy proceedings aim to resolve thousands of talc-related lawsuits and prevent new cases from being filed.
