Illinois Mesothelioma Verdict Has Johnson & Johnson Pay Part of $45 Million to Family

A jury in Illinois delivered a $45 million verdict against Johnson & Johnson and one other defendant in a mesothelioma wrongful death lawsuit. The trial, which concluded last week, was held in the Circuit Court of Cook County in Chicago, Illinois.

Mesothelioma is a cancer caused solely by exposure to asbestos, which is a mineral valued in construction and insulation. Johnson & Johnson, a leader in the pharmaceutical and health products industry, is linked to asbestos exposure due to the use of talc in its popular Baby Powder.

Talc and asbestos are naturally occurring minerals found in similar geographic regions. This often leads to the two minerals mixing together and contaminating talcum powder during the manufacturing process. 

The sharp asbestos fibers can blend into talcum powder – unknown to consumers. Talcum powders are lightweight and can create small clouds of dust when used. If a talc product contains asbestos, the toxic fibers can be easily inhaled or swallowed, causing serious long-term health effects.

Johnson & Johnson Baby Powder was a talc-based product for decades until the company announced in May 2020 that it would stop manufacturing the product in North America. The product was eventually discontinued worldwide as J&J introduced a new line of cornstarch-based baby powder.

However, mesothelioma cancer takes 20-50 years to develop after asbestos fibers enter the body. This means people developing mesothelioma in recent years – such as Theresa G., who was diagnosed in January 2020 – were likely exposed decades ago, such as when Johnson & Johnson Baby Powder was a popular consumer product during the 20th century.

 

Two Defendants Named in Mesothelioma Talc Lawsuit

According to a Reuters article, the family of Theresa G. filed a lawsuit against Johnson & Johnson and Kenvue. The latter company is the former consumer healthcare division of Johnson & Johnson. Kenvue became an independent company in August 2023.

Theresa G., of Chicago, a mother of six and a grandmother, regularly used Johnson & Johnson Baby Powder on herself and her children. She died of mesothelioma in July 2020, just six months after her diagnosis. Her family filed a mesothelioma wrongful death lawsuit after Theresa G. passed away.

The jury concluded that Kenvue is responsible for 70% of the issues leading to the victim’s death (approximately $31 million of the verdict). Johnson & Johnson is responsible for the other 30% (approximately $14 million)

 

Recent Mesothelioma Lawsuit News Involving Johnson & Johnson

Johnson & Johnson cannot escape the criticism and consequences regarding the risk of asbestos exposure due to the company’s once-popular talc Baby Powder. According to the Reuters article, the company was facing more than 50,000 cancer lawsuits related to the product as of December 2023.

The United States Justice Department began an investigation into Johnson & Johnson in July 2019 – specifically if the company knew the product could cause cancer. Several reports claimed the company knew of a connection between the talc Baby Powder and potential asbestos cancers such as mesothelioma, lung cancer and ovarian cancer. Reports indicate that company leaders continued manufacturing and marketing the product despite awareness of the risk.

Johnson & Johnson twice tried a bankruptcy maneuver called the “Texas Two-Step” to avoid facing lawsuits like the one filed by Theresa G.’s family. The Texas Two-Step allows companies to create an LLC to absorb legal liabilities and then go bankrupt.

Bankrupt companies cannot be sued. Instead, they create bankruptcy accounts called asbestos trust funds to compensate victims in smaller amounts than a settlement or verdict. This maneuver became popular in the 1980s and 1990s when the public began to learn the health risks of asbestos. Forming asbestos trust funds has since been common among asbestos manufacturing companies to avoid lawsuits from people affected by asbestos diseases like mesothelioma.

Both of Johnson & Johnson’s attempts at a Texas Two-Step were rejected by bankruptcy courts. The second attempt was stopped in July 2023.

In January, Johnson & Johnson reached a settlement agreement of nearly $700 million to resolve an investigation initiated by more than 40 U.S. states.