Johnson & Johnson which is a multinational and enjoys a huge chunk of the baby care market has been ordered by a US jury to pay $18.8 million to a Californian man, Emory Hernandez Valadez, who alleged that he got cancer after using the company’s talcum powder in his childhood. Who is this man who has brought the multi-billion company on its knees and seeking a compromise?
Emory Hernandez Valadez is the man and he is one of the many people who have sued the baby care product company alleging that its baby powder contained asbestos which is a banned product and indicted for causing cancer. Asbestos has been banned from use in most nations because of its carcinogenic properties. However, Emory Hernandez Valadez will not be getting the compensation soon since the multinational company is seeking refuge under the bankruptcy provisions of US laws.
Emory Hernandez Valadez- The unknown plaintiff
Emory Hernandez Valadez, 24, is seeking compensation from J&J in a California State Court alleging that heavy exposure to the baby powder product of the company led to the development of mesothelioma, a malignant carcinoma that affects the tissues surrounding the heart.
It was the first talc-related case that the multinational had to face in two years and the plaintiff was seeking compensation from the court covering the medical costs and agony and suffering. However, the court upholding the plaintiff’s contention stopped short of punishing the company with punitive charges. There is a bankruptcy court decision already in limbo and this has put a brake on most of the J&J’s talc litigation and the plaintiff will not be getting his compensation any time soon. Emory Hernandez Valadez filed the suit in 2022.
The Johnson & Johnson top brass is adamant and contended that the verdict is not in accordance with the findings of independent scientific studies which confirmed that the Baby Powder was safe and does not contain asbestos. He further added that there is no proof that the applicant was ever exposed to the baby powder of the company and the carcinoma type suffered by the plaintiff is extremely rare.
On the other hand, the plaintiff’s attorney said that the asbestos contamination was being covered up in the most disgusting manner for years. Asbestos has been conclusively proven of its carcinogenic properties and indicted without doubt for causing ovarian cancer and mesothelioma. The total cost of the litigations which run into thousands is believed to be a whopping $4.5 billion.