California Jury Awards $18.8 Million To Cancer Victim in Johnson & Johnson Talc Baby Powder Lawsuit

Johnson & Johnson california cancer Emory Hernandez Valadez J&J talc baby powder

By E.Baloyo , Parent Herald Jul 20, 03:57 am

Photo: (Photo : Justin Sullivan / Getty Images)

A California jury has ruled in favor of Emory Hernandez Valadez, a 24-year-old man who claimed he developed cancer due to exposure to Johnson & Johnson's baby powder.

The jury decided that Johnson & Johnson (J&J) must pay $18.8 million in damages to compensate Emory Hernandez Valadez for his medical bills and pain and suffering.

The verdict comes as a setback for the company as it grapples with thousands of similar cases over its talc-based products in U.S. bankruptcy court.

Jury Rules in Favor of Cancer Victim

Reuters reported that Emory Hernandez Valadez took legal action against Johnson & Johnson, filing a lawsuit last year in California state court in Oakland.

He alleged that the company's talc-based products, particularly its baby powder, had caused him to develop mesothelioma, a deadly cancer affecting the tissue around his heart.

Hernandez claimed he had been heavily exposed to J&J's talc since childhood. The six-week trial marked the first talc-related case J&J has faced in nearly two years.

Despite the company's assertion that its baby powder is safe and does not contain asbestos, the jury sided with the plaintiff, awarding him $18.8 million in damages.

J&J Plans to Appeal the Verdict

According to Axios, the jury determined that Hernandez should receive compensation for his medical expenses and emotional distress, but they chose not to grant punitive damages to the company.

However, due to ongoing bankruptcy proceedings related to J&J talc cases, Hernandez is currently unable to receive the awarded damages.

These cases involve allegations that J&J talc products were contaminated with the known carcinogen asbestos, a claim the company refutes.

In response to the verdict, J&J's vice president of litigation, Erik Haas, issued a statement announcing the company's intention to appeal the decision.

Haas asserted that the jury's decision was inconsistent with numerous independent scientific assessments that have validated the safety of Johnson's Baby Powder, confirming its asbestos-free composition and its lack of association with cancer.

Hernandez's lawyer is yet to comment on the jury's decision.

The legal battle over J&J's talc-based products has been ongoing for some time, with tens of thousands of plaintiffs alleging that the company's baby powder and other talc products have led to cases of ovarian cancer and mesothelioma.

J&J Faces Mounting Talc Lawsuits Amid Bankruptcy Filing

The $18.8 million verdict adds to the growing financial burden for Johnson & Johnson.

According to NBC News, the company's subsidiary, LTL Management, filed for bankruptcy in Trenton, New Jersey, aiming to resolve over 38,000 talc-related lawsuits and prevent new cases from emerging.

This was the second attempt by the company to handle talc claims through bankruptcy, after a previous bid was rejected by a federal appeals court.

Despite the bankruptcy filing, U.S. Chief Bankruptcy Judge Michael Kaplan permitted Hernandez's trial to proceed, considering the urgency of his situation.

Hernandez's form of mesothelioma is exceptionally rare, distinguishing his case from the majority of talc-related lawsuits against J&J.

The bankruptcy filing has halted most of the ongoing litigation, leaving many asbestos plaintiffs seeking to dismiss LTL's latest bankruptcy filing.

They argue that the filing was made in bad faith to shield the company from further litigation.

The California jury's decision to award $18.8 million to Emory Hernandez Valadez in his lawsuit against Johnson & Johnson over their talc-based baby powder products reflects the increasing legal challenges faced by the company.

With thousands of similar cases awaiting resolution in bankruptcy court, J&J's talc products remain under scrutiny. As the company vows to appeal the verdict, the controversy surrounding talc and its potential health risks continues to be a contentious issue.