Johnson & Johnson’s Appeal of $45 Million Mesothelioma Verdict Denied
It’s been almost a year since an Illinois jury heard the details of Theresa Garcia’s mesothelioma and her family’s plea for justice. After reviewing significant testimony and evidence, the jury agreed with her survivors that her death had been caused by exposure to asbestos in Johnson & Johnson’s Baby Powder. They ordered the company to pay $45 million in damages. Though the company requested a new trial, judges denied their appeal, saying that the plaintiffs’ presentation had been appropriate and that issues the company raised as prejudicial did not affect the jury’s decision.
Asbestos in J&J Baby Powder Blamed for Mesothelioma Death
In their quest for justice, Theresa Garcia’s widower and six children presented the jury with evidence that her mesothelioma death followed a lifetime of using Johnson & Johnson’s talc-based product, as well as having used it on her children. The jury saw evidence that the popular powder contained asbestos fibers, as well as that the company had been aware of its presence and failed to act to protect or warn her of its dangers.
Remarkably, the $45 million award handed down by the jury came after the company had offered the family a significant amount to settle the case out of court. The family rejected the offer because it had strings attached – their assent would have required that all of their law firm’s pending asbestos claims, and any others that might be raised in the next ten years, be settled at the same time. Johnson & Johnson also required that the family issue a statement indicating that the company had done nothing wrong. The family rejected the offer, and a short time later got word of the $45 million verdict.
New Mesothelioma Trial Would Have Further Delayed Justice
In rejecting Johnson & Johnson’s request for a new trial, the appeals court provided the mesothelioma victim’s family long-awaited justice. Their original claim was filed shortly after she died in 2020, but through a series of legal maneuvers, the company delayed having her case heard. Had the new trial been ordered, it could have been many more years before the family could get closure and move forward in their new life without their wife and mother.
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