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Failure to test for asbestos
August/September 2024Theresa Garcia’s mother used Johnson’s Baby Powder on her as an infant. Garcia continued to use the product for decades, and she also used Shower to Shower, Jean Naté, and Avon powder products. She died of pleural mesothelioma at age 53 and is survived by her six children and her grandchildren.
Suit against Johnson & Johnson, Johnson & Johnson Holdco (NA) Inc., and Kenvue, Inc., alleged negligent sale of asbestos-containing talcum powder, inadequate testing to detect the presence of asbestos in baby powder, and failure to warn of asbestos fibers contained in baby powder. The plaintiff claimed that Garcia had inhaled asbestos fibers during her daily use of Johnson’s Baby Powder and that this led to her pleural mesothelioma.
The jury awarded $45 million. The jury apportioned liability at 70% to Kenvue, Inc., as successor in interest to Johnson & Johnson, 15% to Johnson & Johnson Holdco (NA) Inc., and 15% to Johnson & Johnson.
Citation: Salcedo v. Johnson & Johnson, No. 2020L004505 (Ill. Cir. Ct. Cook Cnty. Apr. 19, 2024).
Plaintiff counsel: AAJ members Jessica Dean, Mark Buha, and Benjamin Adams, all of Dallas; and AAJ member Christian Luciano-Santiago, Chicago.
