In April 2024, a Cook County, Illinois, jury ordered Johnson & Johnson to pay Theresa Garcia’s family $45 million in damages after malignant mesothelioma claimed her life. The company submitted a request to the Circuit Court, arguing that a new trial was in order. This week, the appeals court denied the company’s request, upholding the jury’s verdict and providing the woman’s family with the justice they deserve.
Wrongful Death Verdict Awarded to Mesothelioma Survivor’s Children
Mesothelioma victim Theresa Garcia was the mother of six children, and after she died, they filed a wrongful death lawsuit against Johnson & Johnson. Their suit argued that she had been exposed to asbestos in the talc-based product since she’d used it during her childhood and that she’d continued using it as an adult. She also used it on her children. The family’s attorney presented the jury with evidence that the company’s iconic product contained asbestos fibers and that the company had been aware of this for years.
The family had been offered a significant sum to settle the mesothelioma case out of court but refused the offer because it would have required settlement of all of their law firm’s outstanding asbestos claims and any other claims they might be representing over the next decade. The offer also demanded a statement indicating that the company had done nothing wrong. Shortly after the family refused the offer, the jury awarded them $45 million in damages.
Appeals Court Decision Comes After Mesothelioma Trial Had Been Delayed
Mrs. Garcia died in 2020, but Johnson & Johnson successfully delayed her family’s mesothelioma lawsuit, as well as thousands of others, for years by filing for bankruptcy. In asking for a new trial, the company would have delayed justice for her six children even further. Still, the appeals court denied each of the company’s reasons for asking for the case to be reheard, either saying that the plaintiffs’ presentation had been appropriate or that the issues the company raised did not significantly sway the jury.
If you have lost someone you love to malignant mesothelioma, you have rights. Contact the Patient Advocates at Mesothelioma.net at 1-800-692-8608 today to learn how we can help.
