The Illinois Appellate Court has affirmed a $45 million jury verdict against Johnson & Johnson and Kenvue in a mesothelioma lawsuit, rejecting the company's attempt to overturn the judgment. The decision preserves the award for the family of Theresa Garcia, who developed the deadly disease after decades of using Johnson & Johnson's Baby Powder. The ruling represents a significant victory for asbestos victims and upholds the jury's findings regarding product contamination.
The appellate court affirmed the trial court in all respects, including the denial of Johnson & Johnson's requests for judgment notwithstanding the verdict and a new trial. The court also rejected the company's challenge to Illinois' prejudgment interest statute. Additionally, the panel upheld the jury's determination that Kenvue Inc. and Johnson & Johnson Holdco (NA), Inc. remain liable as successors to Johnson & Johnson's former consumer products business despite the corporate restructuring.
The court affirmed the jury's award for the years of life lost due to mesothelioma under the Illinois Survival Act. Trial evidence showed that Garcia used Johnson & Johnson baby powder on herself, her children, and her grandchildren for most of her life. She died six months after being diagnosed with mesothelioma in 2020 at age 53.
"This is an important victory for our client and for families seeking accountability from corporations that attempt to avoid responsibility through corporate restructuring," said Lisa Shirley, a partner at Dean Omar Branham Shirley, LLP, 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 counters public assertions by Johnson & Johnson regarding the durability of adverse talc verdicts. Following previous plaintiff verdicts, Erik Haas, worldwide vice president of litigation for Johnson & Johnson, stated the company expected judgments to be reversed "for the same reasons as virtually all the other plaintiff verdicts" in talc litigation. Trey Branham of Dean Omar Branham Shirley, LLP noted that this decision sends a message that jury findings will be upheld when supported by evidence and law.
| Case Details |
| Case Name: Stephanie Salcedo et al., vs Cyprus Amax Minerals Company, et al. |
| Case Number: 2026 IL App (1st) 242199 |
| Verdict Amount: $45 million |
| Key Defendants: Johnson & Johnson, Kenvue Inc., Johnson & Johnson Holdco (NA), Inc. |