Chicago, IL | Vogelzang Law is thrilled to announce that on Friday, April 19, 2024, a jury of 12 returned a unanimous verdict of $45,000,000 for their deceased client, Theresa Garcia, in Cook County, Illinois, against Johnson & Johnson, Johnson & Johnson Holdco (NA) Inc., and Kenvue, Inc., at the Daley Center in Cook County before the Honorable Patrick J. Sherlock. The jury deliberated for approximately two days before delivering the verdict on Friday afternoon. Ms. Garcia was a mother of six, a grandmother, and a lifelong Chicagoland resident.
Jessica Dean, Ben Adams, and Mark Buha of the Dean Omar Branham Shirley (DOBS) team out of Dallas, TX, and Christian Luciano Santiago of Vogelzang Law in Chicago, IL, tried the case for the plaintiff.
“I am honored to have had the opportunity to fight alongside the DOBS team on behalf of Ms. Garcia and her family,” said Christian Luciano of Vogelzang Law. “Finally, after 4 years, they were able to find some justice for the decades of asbestos exposure that Ms. Garcia endured from her use of Johnson’s talc-containing baby powder. No amount of money can compensate for the loss of Ms. Garcia’s life, but I am hopeful that holding the responsible parties accountable will be the first step towards healing for the family.”
Ms. Garcia was diagnosed with pleural mesothelioma after years of using talcum body powder and cosmetic powder products, including Johnson’s Baby Powder, Shower to Shower powder, Jean Naté powder, and Avon powder products. Her mother used Johnson’s baby powder on her as an infant, and she continued to use it throughout her teens, 20s, 30s, and 40s and on her children when they were born. On April 22, 2020, Ms. Garcia filed a twenty-one-page lawsuit against the Defendants for causing her mesothelioma wherein she alleged Defendants exposed her to asbestos fibers contained within their products.
After decades of daily exposure to Johnson’s talc-containing baby powder, Ms. Garcia was diagnosed with pleural mesothelioma in early January 2020. After a difficult and painful battle with mesothelioma, Ms. Garcia passed away in July 2020. At trial, Plaintiff’s experts explained and concluded that Ms. Garcia inhaled asbestos fibers during her daily use of Johnson’s talc-containing baby powder, which caused the development of her pleural mesothelioma.
Over the five-and-a-half-week trial, the DOBS and Vogelzang Law team utilized expert witnesses as well as family members to prove that Johnson & Johnson, Johnson & Johnson Holdco (NA) Inc., and Kenvue, Inc., were negligent when they sold asbestos-containing talcum baby powder, utilized inadequate testing to detect the presence of asbestos in their baby powder, included asbestos fibers in Johnson’s talc-containing baby powder even when adequate substitutes were available, and when Defendants failed to warn of asbestos fibers contained within Johnson’s baby powder manufactured and sold by the Defendants.
In determining the percentage of responsibility for Ms. Garcia’s mesothelioma and death, the jury found were responsible respectively as follows: Johnson & Johnson 15%, Johnson & Johnson Holdco (NA) Inc. 15% as successor in interest to Johnson & Johnson, and Kenvue, Inc. 70% responsible as successor in interest to Johnson & Johnson. During the pendency of Ms. Garcia’s case, Johnson & Johnson tried to file for bankruptcy twice to avoid paying their talc liabilities.
After four years of waiting since filing her lawsuit, Ms. Garcia and her family were victorious in their pursuit of justice. Ms. Garcia is survived by her devoted and loving family, including her fiance, daughters, son, grandchildren, siblings, and extended family.
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 irresponsible conduct of others. For more information, please visit http://www.dobslegal.com.
Vogelzang Law has over 20 years of litigation experience, advocating for victims of mesothelioma and lung cancer from asbestos exposure. A boutique firm in Chicago, IL, Vogelzang Law serves clients nationwide, successfully securing justice for their clients and loved ones. For more information about the firm and its accomplishments, visit www.vogelzanglaw.com.
