In a recent trial, Johnson & Johnson (J&J) has been ordered to pay $18.8 million to a man from California who claimed that the company’s talcum-based powders caused his cancer. This trial marked the first in nearly two years regarding allegations that J&J concealed the health risks associated with their popular baby powder. Jurors in an Oakland state court concluded that J&J’s baby powder played a role in the development of mesothelioma, a cancer linked to asbestos exposure, in the plaintiff, Anthony Hernandez Valadez. Despite a court order that halted all litigation, Valadez’s case was allowed to proceed due to his deteriorating health and J&J’s attempt to shield its talc liability through bankruptcy. Read More Business News on our website.
J&J has expressed its intention to appeal the verdict, claiming that “erroneous” rulings by the judge prevented them from presenting crucial evidence to the jury, which could have demonstrated that Valadez’s rare form of mesothelioma was not caused by their baby powder. Erik Haas, J&J’s worldwide vice president of litigation, argued that independent scientific evaluations conducted over the span of several decades have consistently affirmed the safety of Johnson’s Baby Powder. Haas stated that without the opportunity to present this evidence, the verdict contradicts the extensive scientific research confirming the safety of their product. J&J further asserted that the bankruptcy proceedings would not be affected by the verdict award and that it would not be paid during the ongoing process.
The $18.8 million awarded to Valadez could complicate J&J’s efforts to persuade other talc-related injury victims to accept an $8.9 billion settlement offered as part of the bankruptcy case filed by its LTL Management unit. This settlement aimed to resolve all existing and future lawsuits alleging that J&J knowingly sold talc based baby powder containing asbestos. According to Carl Tobias ; a law professor specializing in mass torts at the University of Richmond, the verdict could influence other plaintiffs to reject the settlement as they may perceive greater potential for compensation through individual trials. This development could disrupt the settlement negotiations for J&J.
As a consequence of declining sales, Johnson & Johnson removed its talc-based powders from the markets in the United States and Canada in 2020, replacing them with a corn-starch-based alternative. The company has committed to phasing out all talcum powder-containing baby powders from the global market by the end of this year.