California Man Awarded $18.8 Million in Mesothelioma Claim Against Johnson & Johnson
Though almost all of the asbestos-based claims against Johnson & Johnson have been put on hold by the company’s ongoing bankruptcy litigation, a single mesothelioma lawsuit was allowed to move forward because of the plaintiff’s dire condition. This week, a California jury resolved that claim, ordering the manufacturer of the iconic baby powder product to pay Emory Hernandez Valadez $18.8 million in compensation for his medical expenses, pain, and suffering.
Victim Blames Baby Powder Used On Him as an Infant for his Fatal Mesothelioma Diagnosis
Mr. Valadez is just 24 years old and has been diagnosed with malignant pericardial mesothelioma that he blames on his childhood and lifelong exposure to Johnson & Johnson’s Baby Powder. The six-week trial included his testimony as well as testimony from his mother, who had used the product on him as an infant. Anna Camacho cried as she explained that she had used the product on him when he was an infant and beyond, and as she described the impact of his fatal illness on him and on their family.
Johnson & Johnson’s attorneys argued vehemently against being held responsible for Valadez’ mesothelioma, asserting that there was no evidence that pericardial mesothelioma is caused by exposure to asbestos, or even that he had been exposed to asbestos-contaminated powder. The jury clearly rejected their defense, though they chose not to award the victim punitive damages.
Johnson & Johnson Bankruptcy Litigation Will Stall Mesothelioma Victim Receiving Payment
The mesothelioma victim’s ability to access the $18.8 million award will be significantly hampered by the ongoing argument over Johnson & Johnson having assigned their asbestos liability to a newly formed subsidiary, then having that subsidiary declare bankruptcy. There are currently over 60,000 outstanding asbestos-related claims against the company that are awaiting the resolution of that issue.
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