As the public waits for a decision on whether Johnson & Johnson will be allowed to proceed with its controversial bankruptcy maneuver, those most affected by their decision continue to suffer the ravages of malignant mesothelioma and ovarian cancer. One of those victims died earlier this month, just weeks after testifying about his use of the company’s baby powder product, and his belief that it had been the cause of his illness.
Mesothelioma Claims Life of Health Care Worker
A few weeks before his February 6th death, Vincent Hill provided compelling testimony to U.S. Bankruptcy judge Michael Kaplan about his mesothelioma diagnosis and the role he believed Johnson & Johnson’s Baby Powder played in his illness. He explained that as part of his responsibilities at Sutter General Hospital in Sacramento, California he had sprinkled the product on patients’ bed linens to make them comfortable after their baths. In doing so he breathed in the asbestos-contaminated powder on a daily basis.
Though Judge Kaplan understood that Mr. Hill was in his last days and the importance of having his mesothelioma lawsuit move forward, he explained that his hands were tied. He said that the case would need to be postponed until a New Jersey court could decide on the legality of the company’s Chapter 11 filing through a strategy known as a Texas Two Step, which placed all of the company’s asbestos liabilities into a new subsidiary that had subsequently filed for bankruptcy protection.
Johnson & Johnson Denies Liability in Mr. Hill’s Death
Though Vincent Hill was convinced of the talc-based product’s role in his mesothelioma, Johnson & Johnson’s attorneys pointed to details in his medical records that they argued contradict his assertions. They cited his history of smoking, as well as his potential exposure to asbestos during the years that he worked in construction.
Like many other mesothelioma victims, Mr. Hill had hoped for compensation from the corporate giant for their negligence. He had wanted the chance to speak for himself in court, and when he appeared before Judge Kaplan he said, “It’s very important that I get a chance to tell my story.” Though his family will be able to continue his case, the chance for him to speak for himself is gone.
If you or someone you love has been diagnosed with malignant mesothelioma, the Patient Advocates at Mesothelioma.net can provide the support and resources you need. Contact us today at 1-800-692-8608.
