A Verdict In The Bellwether Johnson's Baby Powder Cancer Trial Is Likely Soon
About 38,000 talcum powder lawsuits are on hold waiting for the results of this trial
Thursday, July 13, 2023 - It is difficult to estimate the level of acrimony one should place on a company that would intentionally market a product they knew could cause talcum powder cancer to mothers for use on their babies. That is exactly what a California jury is being asked to do, however, by a plaintiff attorney thinking that asbestos in Johnson's Baby Powder will cause his client's inevitable death. According to YahooNews, " Lawyers for (Emory Hernandez Valadez) are urging a jury to order Johnson & Johnson to pay heavy punitive damages, citing the company's conduct as negligent and "despicable." Attorney Joseph Satterley, representing Valadez, stated that a careful corporation wouldn't sell a product that allows carcinogens to be applied to babies." Hernandez allegedly developed pericardial mesothelioma, a cancer of the lining surrounding the heart, from ingesting asbestos in talcum powder. The plaintiff repeatedly used Johnson's Baby Powder for many years. Johnson & Johnson has consistently denied that asbestos ever contaminated their talc supplies despite findings to the contrary by the US Food and Drug Administration (FDA). The company also blamed media misinformation stemming from multi-billion dollar talcm powder cancer lawsuit verdicts for their action of discontinuing selling Johnson's Baby Powder first in North America, and two years later worldwide.
The Valadez lawsuit against Johnson & Johnson was allowed to proceed due to a California law that grants plaintiffs with terminal conditions the right to have their trials before others with less pressing damage to their health. About 38,000 talcum powder lawsuits are on hold waiting for a New Jersey bankruptcy judge to decide if Johnson & Johnson can use bankruptcy to shelter the parent company from talcum powder cancer liabilities. Johnson & Johnson has proposed an $8.9 billion settlement aimed at protecting the multi-national health care company from future talcum powder cancer liabilities. The outcome of the Valadez trial may be a bellwether that could either force plaintiffs to accept the offer if there is a defense verdict or encourage lawsuits against the company if the jury finds for Valadez and awards substantial punitive damages.
Plaintiff attorneys are asking for a punitive damages award of ten times the $3.8 billion in compensatory damages requested. Valadez's pericardial mesothelioma is terminal and doctors do not expect him to live longer than the end of the summer of 2023. According to mesotheliomaguide.com, "There are only an estimated 2,500 cases of mesothelioma diagnosed in the United States each year, meaning there are at most two dozen pericardial mesothelioma cases. The Journal of Thoracic Oncology estimates 10-15 cases in the U.S. annually. It's called an "ultra rare" disease. The survival rates are so low that there's no concrete data indicating a median survival for patients. In fact, many patients are identified as having pericardial mesothelioma in autopsies." Given that pericardial mesothelioma is so rare, a plaintiff's verdict may seem like a long shot. In addition, the defense's opening statement told jurors that the Valadez family has a history of cancer and that it was unlikely the plaintiff would have traveled the hundreds of miles it would have taken them to purchase bottles of Johnson's Baby Powder based on the product's availability in their region.
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