Chicago Jury Awards $45 Million to Family in Johnson & Johnson Talc Lawsuit

On April 22, 2024, a Chicago jury awarded $45 million to the family of Theresa Garcia, an Illinois woman who died in 2020 from mesothelioma, a cancer linked to asbestos exposure. The jury found Kenvue Inc., a Johnson & Johnson spinoff, 70% responsible for Garcia's death, with the remaining 30% attributed to Johnson & Johnson. The family alleged that the companies knew their talcum-based baby powder was contaminated with asbestos.

Garcia's mother used Johnson's Baby Powder on her as an infant, and Garcia continued to use the product throughout her life and on her own children. She was diagnosed with pleural mesothelioma, a type of cancer caused by asbestos exposure. The lawsuit accused Johnson & Johnson of negligently selling asbestos-contaminated talc powder, despite knowing about the asbestos contamination.

Why this matters: This verdict is one of the first significant rulings against J&J and its affiliates since a judge dismissed a bankruptcy filing by a J&J unit last year, which was intended to settle ongoing talc cases. The outcome could impact the over 40,000 pending mesothelioma and ovarian cancer lawsuits against Johnson & Johnson, all filed by victims or survivors who accuse the company of selling its iconic baby powder product despite knowing that its talc was contaminated with asbestos.

Johnson & Johnson has stated that it will immediately appeal the verdict, stating that it expects to prevail as it typically does with "aberrant adverse verdicts that have no basis in the law or science and are predicated on clearly erroneous rulings by the trial court." The company had previously attempted to force the talcum powder litigation through the U.S. bankruptcy system, but the move was rejected by the courts.

In August 2022, J&J decided to end all global sales of its talc-based baby powder, marking the end of a 100-year era for its signature product, and has transitioned to an all cornstarch-based baby powder portfolio instead. The federal talcum powder litigation is now moving forward again, with the company seeking to delay trials by challenging expert witness testimony.

The Chicago verdict comes as Johnson & Johnson faces over 50,000 lawsuits related to its talcum powder products, with claims that they caused various types of cancer, including ovarian cancer and mesothelioma. The family of Theresa Garcia rejected a settlement offer that would have required them to settle all asbestos claims and any future cases. This ruling marks a significant development in the ongoing legal battles over the alleged health risks associated with Johnson & Johnson's talc-based products.

Key Takeaways

• Chicago jury awards $45M to family of woman who died from asbestos-linked cancer
• Jury finds Kenvue Inc. (J&J spinoff) 70% responsible, J&J 30% responsible
• Lawsuit accused companies of knowingly selling asbestos-contaminated talcum powder
• Verdict could impact over 40,000 pending mesothelioma and ovarian cancer lawsuits
• J&J to appeal verdict, previously tried to force talcum powder litigation through bankruptcy