Johnson & Johnson's campus - JOHNSON & JOHNSON
Johnson & Johnson's campus - JOHNSON & JOHNSON
Kimberly Redmond//July 20, 2023//
Johnson & Johnson was ordered to pay $18.8 million to a California man who blames the New Brunswick-based health conglomerate’s talcum-based products for giving him cancer.
Following a six-week trial in Oakland, Calif., a jury ruled July 18 in favor of 24-year-old Anthony Hernandez Valadez, concluding that they believe Johnson & Johnson‘s iconic baby powder helped cause his mesothelioma, a deadly cancer linked to asbestos exposure, Reuters reported.
The trial is the first that J&J has faced in almost two years over accusations that the company was hiding the health risks of its baby powder and other talc products.
In April, LTL Management, a subsidiary created by J&J to handle the cases, filed for Chapter 11 bankruptcy in U.S. Bankruptcy Court for the District of New Jersey, and proposed an $8.9 billion settlement to resolve current and future talc claims.
While Judge Michael Kaplan in Trenton froze more than 38,000 lawsuits alleging that Johnson & Johnson’s products caused cancer to allow more time for the sides to reach a settlement, he allowed the California trial to proceed due to Valadez’s failing health.
Valadez sued J&J last year, claiming he developed a rare form of mesothelioma as a result of heavy exposure to baby powder since childhood. The jury found Valadez was entitled to monetary damages to compensate for medical bills, as well as pain and suffering, but declined to award punitive damages against Johnson & Johnson.
In a July 18 statement, Erik Haas, J&J’s worldwide vice president of litigation, said the company plans to pursue an appeal “based on erroneous rulings by the trial judge.”
“Those rulings prevented us from sharing with the jury critical facts that demonstrate the plaintiff’s exceedingly rare form of mesothelioma was not caused by baby powder,” he stated. “Without the benefit of that evidence, the verdict is irreconcilable with the decades of independent scientific evaluations confirming Johnson’s Baby Powder is safe, does not contain asbestos and does not cause cancer. The research, clinical evidence and over 40 years of studies by independent medical experts around the world continue to support the safety of our cosmetic talc.”
According to Haas, the verdict award will not be paid while the bankruptcy proceeding continues.
He added, “This decision has absolutely no impact on that process, which has the support of lawyers representing the majority of claimants. We remain focused on all claimants having the opportunity to vote and decide for themselves on our plan to compensate them in a timely and efficient manner.”
A group of plaintiffs who have filed suits against J&J are urging the court to dismiss LTL’s latest bankruptcy petition and argued that the filing was brought in bad faith to insulate the company from litigation.
A previous Chapter 11 petition was rejected earlier this year by the Third Circuit Court in Philadelphia, which ruled that neither J&J nor its subsidiary were in dire financial straits. During its first bankruptcy bid, which began in October 2021 and kept lawsuits frozen for 18 months, J&J committed $2 billion to settle claims.
According to Reuters, Johnson & Johnson has spent about $4.5 billion defending itself against talc claims so far.