Johnson & Johnson To Pay $18.9 Million For Causing Talcum Powder Cancer
Other Johnson's Baby Powder lawsuits could get a boost from the decision
Sunday, July 23, 2023 - A California jury has found in favor of plaintiff Anthony Hernandez Valadez and ordered Johnson & Johnson to pay $18.9 to compensate him for his medical expenses, lost wages, and pain and suffering. No punitive damages have been awarded as of yet but could reach up to 10 times the compensatory damages award. The talcum powder cancer verdict comes at a time when Johnson & Johnson is seeking to shelter themselves from over 38,000 similar lawsuits against them. Most are by women who have developed ovarian cancer and allege its cause was using Johnson's Baby powder for feminine hygiene. Lawsuits, except for Valadez, have been paused while a New Jersey Bankruptcy judge decides whether to allow Johnson & Johnson's second try at bankruptcy to stand or not. Two years ago, Johnson & Johnson created a subsidiary called LTL Management and placed their talcum powder legal liabilities within it, then petitioned the court to protect it from those liabilities through bankruptcy. LTL's original attempt at bankruptcy was allowed but reversed on appeal. Lawsuits that were in progress were suspended and others that did not yet start delayed while the matter was being decided. LTL's second bankruptcy request was accompanied by an increase in a proposed settlement offer to about $9 billion. Lawyers argue that a settlement would require approval by at least 75% of claimants to be acceptable. One law firm writes, " A landmark trust of $8.9 billion has been established to provide compensation to approximately 70,000 victims of talcum powder ovarian cancer as well as any future cases that arise. Women who have suffered and died as a result of talcum powder ovarian cancer now have a clear pathway to seeking compensation for their suffering and losses." They also tell ovarian cancer and mesothelioma victims that it is not too late to file a claim and to contact a talcum powder cancer lawyer immediately.
Valadez s mother testified that she used large quantities of Johnson's Baby Powder during diaper changes several times per day for several years when he was an infant. The lawsuit alleged that inhaling or otherwise ingesting the iconic baby powder, known to contain asbestos, caused him to develop pericardial mesothelioma, a cancer of the delicate lining of the heart. Valadez's lawsuit was allowed to proceed, and many others may soon follow because the plaintiff suffered from a terminal disease. Many of the 38,000 talcum powder cancer plaintiffs may have died waiting for their day in court which for them will never come. Pericardial mesothelioma is a rare and aggressive cancer affecting the pericardium, the protective lining surrounding the heart. Unlike other forms of mesothelioma, it accounts for only a small percentage of cases, making it particularly challenging to diagnose accurately. The primary cause of this condition is exposure to asbestos, commonly found in construction materials, leading to the development of malignant tumors in the pericardium. Symptoms may mimic other cardiac conditions, making early detection difficult. Treatment options include surgery, chemotherapy, and radiation therapy, but the prognosis remains generally poor due to its advanced stage at diagnosis. Strict regulations to prevent asbestos exposure are crucial in combating this life-threatening disease. Valadez is not expected to live much longer.