LOS ANGELES - Johnson & Johnson’s must pay US$18.8 million to a California man who said he developed cancer from exposure to its baby powder, a jury decided on Tuesday, a setback for the company as it seeks toThe jury ruled in favour of Mr Emory Hernandez Valadez, who filed suit last year in California state court in Oakland against J&J, seeking monetary damages.
The jury found that Mr Hernandez was entitled to damages to compensate him for his medical bills and pain and suffering, but declined to award punitive damages against the company. In closing arguments to the jury on July 10, J&J’s lawyers said there was no evidence either linking Mr Hernandez’s kind of mesolthelioma to asbestos or proving that Mr Hernandez was ever exposed to tainted talc.
Jurors heard from Mr Hernandez’s mother, Ms Anna Camacho, who said she used large amounts of J&J’s baby powder on her son when he was a baby and through childhood. She cried as she described Mr Hernandez’s illness. J&J subsidiary LTL Management in April filed for bankruptcy in Trenton, New Jersey, proposing to pay US$8.9 billion to settle more than 38,000 lawsuits and prevent new cases from coming forward.
Mr Hernandez’s form of mesothelioma is extremely rare, making his case different from the vast majority pending against J&J.
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