J&J Faces New Trial Over Talc Cancer Claims, Amid Settlement Push - Johnson & Johnson (JNJ.N) faced its first trial in nearly two years on Wednesday over claims that asbestos in its baby powder and other talc products caused cancer, as the company works to resolve thousands of similar cases in bankruptcy court.
Emory Hernandez, 24, claims he contracted mesothelioma, a lethal illness, in the tissue surrounding his heart as a result of his childhood exposure to J&J’s talc products. The corporation has denied that its talc includes asbestos, which has been linked to mesothelioma and is carcinogenic.
Hernandez’s attorney, Joseph Satterley, urged jurors in Alameda County, California, to reject the company’s defenses and hold it accountable for his client’s condition.
“I can assure you that the evidence will be very strong,” Satterley said. “Mesothelioma is the signature disease of asbestos.”
In her opening remarks, Allison Brown, a J&J lawyer, stated that the corporation went to great efforts to guarantee that there were no impurities in its talc. Hernandez’s type of mesothelioma, she noted, was extremely rare and was most likely caused by a family history of heart illness and cancer.
“We have never wavered in our belief that talc is safe and does not cause cancer,” she explained.
J&J subsidiary LTL Management filed for bankruptcy in Trenton, New Jersey in April, seeking to pay $8.9 billion to resolve more than 38,000 complaints and prevent new ones from being filed. It is the company’s second attempt to settle talc claims in bankruptcy, following the rejection of an earlier bid by a federal appeals court.
Although most litigation has been delayed during the bankruptcy proceedings, U.S. Chief Bankruptcy Judge Michael Kaplan, who is supervising LTL’s Chapter 11, allowed Hernandez’s trial to proceed because he is only anticipated to live for a limited time.
Even if Hernandez prevails, he will be unable to collect on the judgment while the bankruptcy proceedings are ongoing.
Nonetheless, the trial decision may impact whether other plaintiffs decide to join the proposed settlement.
Asbestos plaintiffs are attempting to have the current bankruptcy file dismissed, claiming it was brought in bad faith to shield the corporation from litigation.
J&J and LTL have maintained that bankruptcy provides more fair, efficient, and equitable settlement payouts than a “lottery” afforded by trial courts, in which some litigants receive substantial damages while others receive nothing.
In bankruptcy court documents, the corporation stated that the expenses of its talc-related judgments, settlements, and legal fees have risen to almost $4.5 billion.
TheJusticeNow.com will keep readers posted on any new developments in the Johnson and Johnson talc settlement.
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