Johnson & Johnson Tells Jurors That The Plaintiff's Father And Sisters Also Suffered From A Rare Form Of Cancer
Family history could play an important role in determining or ruling out Johnson's Baby Powder as the source of a person's cancer.
Monday, June 19, 2023 - Sources from Courtroom View News (CVN) tell reporters that lawyers for plaintiff Emory Valadez estimate that his talcum powder lawsuit could be worth in excess of $40 million. No specific amount of dollar damages was requested, however, the amount could reflect ten times the amount of compensatory damages the California man allegedly suffered from the lifelong use of Johnson's Baby Powder with talc. Lawyers base their estimate of punitive damages on what a Missouri Appeals Court Judge once described the company's corporate behavior as "reprehensible" when upholding a $2 billion jury award to 22 women with ovarian. According to CVN, " Plaintiff Emory Valadez, 24, sued J&J after developing pericardial mesothelioma, a rare and fatal form of cancer that is frequently associated with asbestos exposure. His lawyers argue years of exposure to talc supposedly present in products like Johnson's Baby Powder going back to his infancy caused Valadez's disease - an allegation J&J strenuously denies." The trial is significant as Johnson & Johnson seeks bankruptcy in Federal Bankruptcy Court in New Jersey for a second time. The company increased its settlement offer to $8.9 billion to the more than 45,000 plaintiffs that have filed ovarian cancer lawsuits against them. The trial may be why the Federal Bankruptcy judge has been hesitant to rule on J & J's second attempt at bankruptcy, and may prove to encourage a larger settlement amount should the plaintiff prevail.
Valadez is not expected to live longer than the summer and the 24-year-old "sued J&J after developing pericardial mesothelioma, a rare and fatal form of cancer that is frequently associated with asbestos exposure. His lawyers argue years of exposure to talc supposedly present in products like Johnson's Baby Powder going back to his infancy caused Valadez's disease - an allegation J&J strenuously denies." The defense in the Valadez pericardial mesothelioma case told the jury in the opening statement that the plaintiff could not provide receipts proving he bought the product and that the stores where the talcum powder was allegedly purchased were about 100 miles from where he lived. The defense also told jurors that the plaintiff's father died from a rare form of cancer in his 30s and that his sisters also had cancer. Asbestos.com describes pericardial mesothelioma as, " a very rare cancer that forms in the pericardium, or lining, of the heart. Tumors in the heart are very rare. Cardiac (heart) tumors are often caused by metastasis." The website also highlights how rare and deadly the disease pericardial mesothelioma can be. " Fewer than 150 cases of pericardial mesothelioma exist in medical literature. A 2023 research report notes that median survival is about 2 to 6 months. Survival rates are low, but some patients can live years after surgery or chemotherapy."
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