Illinois Appellate Court Affirms $45 Million Mesothelioma Verdict Against Johnson & Johnson and Kenvue

Decision preserves rejection of Johnson & Johnson's effort to overturn verdict

DALLAS--(BUSINESS WIRE)--Dean Omar Branham Shirley, LLP (DOBS), announced today that the Illinois Appellate Court has affirmed a $45 million jury verdict awarded to the family of Theresa Garcia, who developed the deadly disease mesothelioma after decades of using Johnson & Johnson's Baby Powder. This product and other talc-based products have been found to be contaminated with asbestos.

The decision represents a significant appellate victory for asbestos victims and rejects Johnson & Johnson's attempt to overturn the jury's verdict or substantially reduce the judgment. The appellate court affirmed the trial court in all respects, including its denial of Johnson & Johnson's requests for judgment notwithstanding the verdict, its request for a new trial and its challenge to Illinois' prejudgment interest statute.

The court also upheld the jury's findings that Kenvue Inc. and Johnson & Johnson Holdco (NA), Inc.. could be held liable as successors to Johnson & Johnson's former consumer products business despite the company's corporate restructuring. In addition, the court affirmed the jury's award for the years of life lost because of mesothelioma under the Illinois Survival Act.

"This is an important victory for our client and for families seeking accountability from corporations that attempt to avoid responsibility through corporate restructuring," said DOBS partner Lisa Shirley, who represented the plaintiff on appeal. "The appellate court carefully considered each of Johnson & Johnson's arguments and affirmed the judgment in its entirety."

The decision also carries broader significance because Johnson & Johnson has repeatedly maintained that adverse talc verdicts rarely survive appellate review.

Following previous plaintiff verdicts, Erik Haas, worldwide vice president of litigation for Johnson & Johnson, publicly stated that the company expected those judgments to be reversed "for the same reasons as virtually all the other plaintiff verdicts" in the talc litigation.

"This court’s decision stands in direct contrast to those assertions from Mr. Haas," said Trey Branham of Dean Omar Branham Shirley, LLP. "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."

Trial evidence showed that Ms. Garcia, who died six months after being diagnosed with mesothelioma in 2020 at age 53, used Johnson & Johnson baby powder on herself, her children and her grandchildren for most of her life.

The case is Stephanie Salcedo et al., vs Cyprus Amax Minerals Company, et al., 2026 IL App (1st) 242199.

About Dean Omar Branham Shirley, LLP

Dean Omar Branham Shirley, LLP is a nationally recognized trial firm dedicated to representing individuals and families in complex personal injury, product liability, and asbestos litigation. The firm has obtained numerous landmark verdicts and settlements on behalf of victims of mesothelioma and other catastrophic injuries. For more information, please visit http://www.dobslegal.com.