Chicago, IL | In a long-awaited decision, covering damages under the Survival Act, successor liability, and prejudgment interest, Johnson & Johnson was unable to overturn a $45 million verdict for our client, Theresa Garcia.
Ms. Garcia was a lifelong J&J baby powder user, and after five decades, she was diagnosed with mesothelioma due to the asbestos in the talcum powder. The case was pursued by her daughter and litigated by Vogelzang Law and the DOBS trial team. Coverage by the Chicago Daily Law Bulletin showed that J&J argued they were entitled to a remittitur of $30 million because the state of Illinois does not recognize damages for Ms. Garcia’s claim brought under the Survivor Act, while also challenging the constitutionality of the statute that mandates prejudgment interest in personal injury and wrongful death cases.
In a written opinion, a 1st District Appellate Court panel affirmed the judgment of Cook County Circuit Court Judge Patrick J. Sherlock and denied all of J&J’s post-trial motions.
Justice Michael B. Hyman delivered the opinion, saying, “The trial court correctly instructed the jury on damages for Garcia’s claim brought under the Survival Act and successor liability, and its evidentiary rulings did not deprive Johnson & Johnson of a fair trial. The injury at issue is not Garcia’s death itself but the injury she experienced before death.”
Upon receiving the decision, Erik Haas, worldwide vice president of litigation for J&J, said they would appeal.
“We’re grateful the majority affirmed the jury’s verdict and recognized that the years of life taken from Ms. Garcia by mesothelioma are a compensable injury that survives under Illinois law and the Survival Act,” Christian Luciano Santiago of Vogelzang Law said in a written statement. ‘More importantly, this decision brings long-awaited closure to the Garcia family after years of litigation.”
The estate for Ms. Garcia is represented by Christian Luciano Santiago of Vogelzang Law, David L. Franklin and Christopher M. Walling of Massey & Gail LLP, and Lisa W. Shirley, Rebecca Cucu and Lina Chagoya of Dean Omar Branham Shirley LLP.
For full coverage, please visit the Chicago Daily Law Bulletin, Law360, or Law.com.
