Asbestos & Mesothelioma Law Blog
For purposes of this article, the deceased mesothelioma victim in this case will be referred to as T.G.
In a recent court decision, a Chicago appeals court upheld a jury’s verdict against Johnson & Johnson (J&J), providing the deceased mesothelioma victim’s family with the deserved justice. Earlier this year, a Cook County court in Illinois ordered the giant pharmaceutical company to pay T.G.’s family $45 million in damages after T.G. died of malignant mesothelioma. J&J tried to secure a retrial, but the court of appeals stood firm and ensured the jury’s decision in favor of the late T.G.’s family remained intact.
T.G., who had six children, was diagnosed with malignant mesothelioma, a rare and aggressive form of cancer that occurs due to asbestos exposure. This illness most commonly affects the lining of the lungs. After T.G.’s death, her family filed a wrongful death lawsuit against J&J. According to the lawsuit, the source of the asbestos exposure that resulted in the death of T.G. was J&J’s talc-based product, which she used throughout her life. T.G. also used the product on her children. During the trial, the family’s legal representative presented evidence revealing that J&J’s talc-based product contained asbestos and the company knew about the dangers of this for years but failed to inform or warn the public, thus endangering the lives of millions of consumers, including T.G. and her children.
Before the case proceeded to court, J&J had offered T.G.’s family a substantial settlement. However, the offer came with specific conditions. The offer required settlement of all other outstanding asbestos claims and any other claims the law firm might be representing over the next ten years. Additionally, J&J required T.G.’s family to release a statement implying that the company had not committed any wrong. The family declined J&J’s offer and decided to proceed to court and pursue justice. This decision proved the best because shortly after their case got to court, T.G.’s family was awarded $45 million in damages.
The mesothelioma case had already been significantly delayed before it went to trial. T.G. passed away in 2020, but the pharmaceutical company delayed her family’s lawsuit and many others for years by filing for bankruptcy. This bankruptcy move was an attempt for J&J to minimize liability. If the appeals court had granted J&J’s request for a new trial, it would have delayed justice for T.G.’s children even further. The appeals court ordered that T.G.’s family receive the originally awarded $45 million. The appeals court denied every reason J&J raised in their appeal, either saying that the issues the company raised didn’t significantly sway the jury or that the claimants’ presentation had been appropriate. The court’s decision not to award J&J a new trial not only upheld the substantial award but also allowed T.G.’s family to achieve justice and a sense of closure.
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