Illinois Ranks Among the Top States for Massive Jury Verdicts Against Companies From 2009 to 2023, a Study Says

According to a new research report, American juries are imposing more supersized verdicts against firms than ever before, with state courts in Illinois alone issuing $3.4 billion in so-called nuclear verdicts between 2009 and last year.

Nuclear verdicts totaling at least $10 million hit a 15-year high in 2023. According to the Marathon Strategies research, 89 nuclear convictions against US firms would be issued in 2023, totaling $14.5 billion in jury awards.

Just this month, an Illinois court ordered Johnson & Johnson and Kenvue to pay $45 million to a family who claimed the companies’ talcum-based baby powder caused the death of a relative who was diagnosed with asbestos-related cancer. The verdict determined that Kenvue, the pharmaceutical company’s former consumer healthcare branch, was 70% responsible for the problem, while Johnson & Johnson was 30% guilty.

According to Marathon Strategies CEO Phil Singer, one possible explanation is that shifts in jury pool demographics influence verdicts.

“Coming out of the Great Recession, there were people who were young at that time who are now older and may be somewhat more skeptical about corporate America who are now sitting on juries and some of their views may be shaped by their experiences during the Great Recession,” Singer stated to The Center Square.

Despite a high rate of nuclear verdicts during the last 14 years, Illinois had a dip in 2023 and was not among the states with the most verdicts last year. Despite a fall in Illinois, their size and quantity have increased nationally since 2009. By 2023, the number of these instances had climbed by 27%.

Product liability cases accounted for the majority of nuclear verdicts (38%).

The industries with the most nuclear verdicts in Illinois were television, casino gaming, and healthcare technology. Singer suggested that one approach to resist nuclear convictions is to involve lawmakers.

“Some states have tried to address this legislatively and they tend to be [Republican-controlled] states,” Singer stated. “Florida, Iowa, Indiana, Montana, they’ve introduced bills that would limit the size of nuclear verdicts.”

Missouri, Texas, Pennsylvania, and Washington were the states with the most nuclear verdicts in 2023.