In Stephanie Salcedo et al., vs Cyprus Amax Minerals Company, et al., Cook County, Illinois Case No. 20 L 004505 (October 3, 2024), an Illinois state court judge has denied Johnson & Johnson’s motion for a new trial in an asbestos-containing talcum powder case that ended in a $45 million verdict earlier this year. In an October 3rd docket entry, the Illinois Circuit Court indicated that the defendant’s motion for a new trial had been denied, upholding the jury verdict’s and $45 million award in the asbestos-related death of a mother of six.
The Illinois state court jury reached the verdict in April, finding that the decedent’s use of Baby Powder caused her to develop mesothelioma. 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 decedent Theresa Garcia will stand.
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.