In April 2024, a Cook County, Illinois jury found that Theresa Garcia’s years of exposure to asbestos in Johnson’s Baby Powder caused her mesothelioma and awarded $45 million to her six children. The company almost immediately requested a new trial, and after that petition was rejected, it appealed the decision to an Illinois state appeals court. Last week, the court refused to disturb the verdict. The judges ruled that her case warranted both wrongful death and shortened life damages while affirming that J&J’s successor companies can be held liable for her fatal illness.
Mesothelioma Victim Used Baby Powder on Herself, Children, and Grandchildren
Mesothelioma claimed Theresa Garcia’s life in 2020, just six months after the 53-year-old was diagnosed with the rare, asbestos-related disease. She had used Johnson and Johnson’s Baby Powder on herself, her children, and her grandchildren for most of her life, and had never been warned by any label or public disclosure that the product might contain asbestos fibers or that prolonged use was capable of causing a fatal disease.
Her family’s mesothelioma lawsuit alleged that J&J knew of the dangers of asbestos as early as the 1930s, and said that the company “regularly and repeatedly” received information that its baby powder contained the toxic material. Despite that knowledge, J&J never placed a warning on its products, never disclosed that prolonged use could cause illness, and failed to develop a safer alternative even as other companies switched to cornstarch. The jury awarded the victim’s family $30 million for her shortened life expectancy, $1 million for pain and suffering, $1 million for emotional distress, $500,000 for loss of normal life, $500,000 for disfigurement, and $2 million to each child for past and future loss of their mother.
Baby Powder Mesothelioma Verdict Affirmed Despite J&J’s Arguments
The mesothelioma appellate panel majority’s ruling said that Johnson & Johnson Holdco Inc. and Kenvue Inc. — entities J&J created to isolate its growing talc liability and spin off its consumer healthcare products — could be held liable as successors to J&J’s former consumer products business, and wrote, “The trial court correctly instructed the jury on damages for Garcia’s claim brought under the Survival Act and successor liability.” Though Johnson & Johnson’s attorneys argued that the damages constituted double recovery, the court wrote, “Double recovery occurs when the same injury is compensated twice. That is not what happened here because the Survival Act and Wrongful Death Act compensate different injuries suffered by different claimants.”
Representatives for the Garcia family called the decision “an important victory for our client and for families seeking accountability from corporations that attempt to avoid responsibility through corporate restructuring” and that the court’s decision stands in “direct contrast” to J&J’s repeated assertions that adverse talc mesothelioma verdicts rarely survive appellate review. “We believe this decision sends a powerful message that jury findings in these asbestos cases will be upheld when they are supported by the evidence and the law.” J&J said it will immediately appeal.
If you or someone you love has been diagnosed with mesothelioma, the Patient Advocates at Mesothelioma.net can help. Contact us today at 1-800-692-8608 to learn more.
