Jury awards $45m in damages in asbestos-related lawsuit against Johnson & Johnson

In a landmark decision, the Circuit Court of Cook County in Chicago has found Johnson & Johnson (NYSE: JNJ) and two of its subsidiaries, Johnson & Johnson Holdco, Inc., and Kenvue, Inc. (NYSE: KVUE), liable for the asbestos-related death of Theresa Garcia, a mother and grandmother. The family was awarded $45 million in damages, concluding that Ms. Garcia’s lifelong use of talc-based Johnson’s Baby Powder and other similar products caused her mesothelioma, a fatal cancer linked to asbestos exposure. This case is particularly notable following Johnson & Johnson’s controversial attempts to use bankruptcy filings to stay litigation tied to numerous asbestos and talc-related claims.

Ms. Garcia, a Chicago resident and mother of six, regularly used talc-based products throughout her life, unknowingly exposing herself to asbestos. She was diagnosed with mesothelioma in January 2020 and succumbed to the disease in July 2020. The lawsuit contended that Johnson & Johnson was aware of the asbestos contamination in their talc products, which ultimately led to Ms. Garcia’s illness and death. Laboratory tests have confirmed the presence of asbestos in samples of Johnson’s Baby Powder.

The jury assigned 70% of the responsibility for Ms. Garcia’s injuries and subsequent death to Kenvue, Inc., a company created by Johnson & Johnson during its bankruptcy proceedings, viewed as a strategy to mitigate liability. Johnson & Johnson and Johnson & Johnson Holdco, Inc. each were held 15% responsible. The trial illuminated the alleged deceit and negligence on the part of Johnson & Johnson in masking the dangers of its talc-based products.

Jessica Dean of Dallas’ Dean Omar Branham Shirley, who represented Ms. Garcia’s family, expressed relief and gratitude towards the jury for recognizing the manipulation of the bankruptcy system by Johnson & Johnson. “Not only did the defendants’ negligence and deceit cheat loyal customers like Theresa, but their deception has ultimately robbed a family of their mother,” Dean stated. Ben Adams, another attorney for the family, criticized Johnson & Johnson for delaying justice through “bad faith bankruptcies” and engaging in corporate restructuring to avoid facing its liabilities.

This verdict has significant implications for Johnson & Johnson, potentially setting a precedent for future cases involving asbestos in talcum powder. It underscores the growing scrutiny over the safety of such products and the responsibilities of manufacturers to ensure their products do not pose health risks to consumers.

The outcome of this case highlights a critical moment in consumer safety litigation, reflecting a shift towards greater corporate accountability and transparency. It serves as a cautionary tale for corporations about the dire consequences of neglecting consumer safety in favor of product profitability. This verdict could prompt more stringent safety checks on cosmetic and personal care products, potentially leading to reformulated products that are safer for everyday use.