CHICAGO – A Circuit Court in Cook County, Ill., has denied a request by Johnson & Johnson (NYSE;JNJ) for a new trial in a mesothelioma lawsuit decided in April, upholding a jury verdict and award of $45 million in the asbestos-related death of a mother of six.
Johnson & Johnson raised multiple issues in its motion for a new trial, but in each case, the court either found for the plaintiff or determined that any issue did not substantially prejudice the jury.
The decision from Judge Patrick J. Sherlock means the jury’s verdict in the case filed by the children of Theresa Garcia will stand.
“We are happy that the court saw through Johnson & Johnson’s bag of tricks,” said Trey Branham of Dean Omar Branham Shirley, LLP, the firm representing the Garcia family. “Johnson & Johnson and its subsidiaries tried for years to delay this trial, all the while knowing that their powder contained asbestos.”
During trial, the jury heard testimony indicating Ms. Garcia’s lifelong use of Johnson & Johnson’s talc-based Baby Powder resulted in mesothelioma, an always-fatal cancer in the lining of the lungs. She was diagnosed in January 2020 and died in July of that year.
Laboratory testing has shown the presence of asbestos in many samples of Johnson’s Baby Powder.
“Johnson & Johnson deceived its customers for years rather than owning up to its negligence,” said partner Jessica Dean, who also represents Ms. Garcia’s family. “It’s truly shameless.”
Ms. Garcia is survived by her children Stephanie Salcedo, Vanessa Garcia, Edward Cerda, Jr., Jazmine Cerda, Caressa Garcia and Anyssa Cerda.
The case is Stephanie Salcedo et al., vs Cyprus Amax Minerals Company, et al., Case No. 2020 L 004505 in Circuit Court in Cook County, Illinois.
Dean Omar Branham Shirley, LLP, is a nationally recognized trial firm that handles cases across the country for individuals who have suffered catastrophic injuries or have died as a result of the irresponsible conduct of others. For more information, visit www.dobslegal.com.
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