An appeals court in Cook County, Illinois upheld a $45 million judgment against the pharmaceutical giant Johnson & Johnson last week, affirming a 2024 ruling that it was at fault for the death of a Chicago woman from mesothelioma caused by her exposure to Johnson & Johnson’s talc-based baby powder.
The ruling not only deals another blow to Johnson & Johnson, which has been besieged by thousands of lawsuits over baby powder contaminated with the cancer-linked mineral asbestos, but also opens up a potential new avenue for plaintiffs to claim greater damages through Illinois’ Survival Act.
A panel of three judges upheld a verdict that included $30 million awarded to the family of Theresa Garcia specifically for her “reduced lifespan” caused by her exposure to asbestos-tainted talc. The decision may strengthen the ability of estates to seek damages for years of life lost when an injured plaintiff dies before their mesothelioma case is resolved.
More About the Mesothelioma Lawsuit
52-year-old Theresa Garcia was diagnosed with mesothelioma in January 2020, and died of the cancer six months later. The mother of six had used Johnson & Johnson talc-based baby powder on herself and her children, and filed a lawsuit against Johnson & Johnson and its spinoff Kenvue for her exposure to asbestos through contaminated talc.
The lawsuit has proceeded with her daughter, Stephanie Salcedo, in Garcia’s place. A Cook County jury awarded a $45 million judgment in her family’s favor in April 2024, a verdict that included $30 million under the Illinois Survival Act.
The Illinois Survival Act preserves certain legal claims that accrued during a person’s lifetime, allowing the estate to continue pursuing them after the person dies.In this case, Garcia’s family is being compensated for “the injury she experienced before death,” according to Justice Michael Hyman’s majority opinion.
Johnson & Johnson has indicated that it will continue to appeal this unprecedented application of the Survival Act to a mesothelioma verdict, therefore Johnson & Johnson may ask the Illinois Supreme Court to review the decision.
Talc’s Link to Asbestos Cases
Talc has for decades been used in powders and cosmetics to absorb moisture and improve skin health. However, talc is often found near asbestos in the Earth’s soil, leading to potential contamination without careful mining practices.
Microscopic asbestos fibers may be present in contaminated talc and can become airborne when talc-based powder is used. Asbestos exposure is the only known cause of the deadly cancer mesothelioma, and has been linked to several forms of lung and ovarian cancers.
Johnson & Johnson Faces Another Legal Defeat
This ruling is another in a string of legal defeats involving allegations that Johnson & Johnson’s talc-based products caused mesothelioma or ovarian cancer.
Plaintiffs have introduced internal company records and expert testimony that they contend show Johnson & Johnson knew about possible asbestos contamination and failed to adequately warn consumers. Johnson & Johnson disputes those allegations and continues to defend the safety of its former talc products.
The company discontinued sales of talc-based Johnson’s Baby Powder in the United States and Canada in 2020 amid declining demand and mounting litigation. It stopped selling talc-based baby powder globally in 2023 and transitioned to a cornstarch-based formula.
As of July 2026, Johnson & Johnson faced approximately 69,000 claims in the federal talc multidistrict litigation, primarily involving allegations that talc use caused ovarian cancer. Additional talc cases, including mesothelioma cases, have been filed in state courts.
Johnson & Johnson has frequently been hit with very large judgments in these cases. And although the pharmaceutical giant has indicated that its fight in the Theresa Garcia case is not yet over, the use of the Illinois Survival Act in this case could open up yet another pathway for mesothelioma plaintiffs to claim large damages in Illinois.
Mesothelioma compensation can cover the high costs of treatment and the challenges that come with lost wages from not being able to work due to declining health. Victims such as yourself or your loved one with cancer deserve this financial help, paid directly from the company responsible for bringing asbestos into your home.
Contact our patient advocates to learn about your compensation options. Email Carl Jewett at cjewett@mesotheliomaguide.com to learn if your cancer diagnosis and use of Johnson & Johnson Baby Powder could lead to a settlement or verdict.
Sources & Author
- Court OKs $45M verdict in talc asbestos case, including unprecedented $30M for ‘reduced lifespan’. Cook County Record. Retrieved from https://www.legalnewsline.com/cook-county-record/court-oks-45m-verdict-in-talc-asbestos-case-including-unprecedented-30m-for-reduced-lifespan/article_0549069d-71de-4920-b753-0e27291b94fa.html. Accessed on 07/21/2026.
- Cook County jury orders Johnson & Johnson to pay $45M in talc powder asbestos verdict. Cook County Record. Retrieved from https://www.legalnewsline.com/cook-county-record/cook-county-jury-orders-johnson-johnson-to-pay-45m-in-talc-powder-asbestos-verdict/article_9c102e5b-b0fe-5e7b-9235-276150ae212f.html. Accessed on 07/21/2026.
- The Difference Between the Illinois Survival Act and Wrongful Death Act. Taxman, Pollock & Bekkerman, LLC. Retrieved from https://tpmblegal.com/the-difference-between-the-illinois-survival-act-and-wrongful-death-act/. Accessed on 07/21/2026.
