Despite efforts to hold asbestos-related lawsuits at bay while they seek bankruptcy protection, a new trial is pitting consumer giant Johnson & Johnson against a man who blames his pericardial mesothelioma on their iconic baby powder product.
24-Year-Old Diagnosed with Malignant Pericardial Mesothelioma
The claim filed by 24-year-old Emory Hernandez is the first mesothelioma lawsuit against Johnson & Johnson to be heard in almost two years. Thousands of other claims have been held up based on the company’s bankruptcy filing, which is still in litigation. A new settlement proposal has been offered by the company: it would halt new cases from being filed and pay the 38,000 victims with outstanding claims a total of $8.9 billion in compensation.
Mr. Hernandez has been diagnosed with a particularly rare form of mesothelioma that formed in the tissue lining the cavity around his heart. He blames his cancer on exposure to asbestos contaminating the Johnson & Johnson’s Baby Powder that was used on him from infancy. The company’s defense argues that Hernandez has a family history of heart disease and cancer, and asserts that significant effort went into assuring the purity of their product.
Mesothelioma Litigation Delayed by Bankruptcy Proceeding
Facing tens of thousands of mesothelioma and other asbestos-related lawsuits, Johnson & Johnson formed a subsidiary holding company called LTL Management and then had that company file a bankruptcy claim. Victims pursued legal action and the controversial move was rejected by a court. The company submitted a new bankruptcy proposal accompanied by the $8.9 billion settlement offer.
It is expected that Mr. Hernandez will succumb to his mesothelioma in the near future, which is why the judge overseeing the bankruptcy case allowed his case to move forward. Should he win his claim and be awarded damages by the jury, he will not be able to collect the award because of the bankruptcy proceeding, but it is thought that his outcome will play a role in whether others harmed by Johnson & Johnson’s talc-based product decide to pursue justice.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net are here to help. Contact us today at 1-800-692-8608 for more information.
