Tylenol Lawsuits Move Forward, as Federal Judge Denies Request to Remand Liver Damage Claim to State Court, Bernstein Liebhard LLP Reports

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The Firm is evaluating Tylenol lawsuits that allege use of the over-the-counter medications resulted in acetaminophen-induced liver damage.

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The allegations put forth in this lawsuit echo what we have heard from our own clients, as well as those contained in dozens of other filings that allege a connection between the use of Tylenol and liver damage.

As Tylenol lawsuits (http://www.tylenollawsuitcenter.com/) continue to move forward in courts around the country, Bernstein Liebhard LLP notes that a federal judge in Pennsylvania has denied a request to remand a liver damage claim to state court. In a decision issued on January 30th, U.S. District Senior Judge Robert F. Kelly of the Eastern District of Pennsylvania found that Johnson & Johnson subsidiary, McNeil Consumer Healthcare, is run primarily by its parent company in New Jersey, making it a citizen of that state rather than Pennsylvania. As such, Judge Kelly ruled that federal court was the appropriate venue for the Tylenol lawsuit. (Sherfey v. Johnson & Johnson, No. 14-0135)

According to court documents, the claim was filed by the parents of a two-week old infant who experienced acute liver failure and died in February 2009, allegedly due to three doses of Infant’s Tylenol he had been administered over a two-day period. The Plaintiffs had sought to have the case remanded to Pennsylvania State Court in Philadelphia.

“The allegations put forth in this lawsuit echo what we have heard from our own clients, as well as those contained in dozens of other filings that allege a connection between the use of Tylenol and liver damage,” says Bernstein Liebhard LLP, a nationwide law firm representing the victims of defective drugs and medical devices. The Firm is offering free legal reviews to alleged victims of Tylenol and liver damage.

Tylenol Lawsuits

This case is just one of more than 100 lawsuits currently pending in courts around the country that allege the acetaminophen in Tylenol caused liver damage. According to court documents, dozens of those claims have been consolidated in a multidistrict litigation currently underway in the Eastern District of Pennsylvania. That litigation is scheduled to convene its next Case Management Conference on February 18, 2014. All of the lawsuits pending in the federal proceeding involve allegations that over-the-counter acetaminophen-containing products sold under the Tylenol brand-name caused liver damage, including liver failure, even when taken as directed. (In Re: Tylenol (Acetaminophen) Marketing, Sales Practices and Products Liability Litigation, MDL No. 2436)

In 2009, the U.S. Food & Drug Administration reported that acetaminophen was the leading cause of acute liver failure in the U.S. between 1998 and 2003.* This month, new guidelines limiting the amount of acetaminophen in prescription products to 325 mg per tablet went into affect, according to the agency.

Alleged victims of Tylenol-induced liver damage may be entitled to compensation if their injury resulted in hospitalization, liver transplantation or death. To learn more about filing a Tylenol lawsuit, please visit Bernstein Liebhard LLP's website. Free, confidential and no-obligation case reviews are available by calling 800-511-5092.

*fda.gov/downloads/AdvisoryCommittees/CommitteesMeetingMaterials/Drugs/DrugSafetyandRiskManagementAdvisoryCommittee/UCM164897.pdf, FDA, 2009

About Bernstein Liebhard LLP
Bernstein Liebhard LLP is a New York-based law firm exclusively representing injured persons in complex individual and class action lawsuits nationwide since 1993, including those who have been harmed by dangerous drugs, defective medical devices and consumer products. The firm has been named by The National Law Journal to the “Plaintiffs’ Hot List,” recognizing the top plaintiffs’ firms in the country, for the past 11 consecutive years.

Bernstein Liebhard LLP
10 East 40th Street
New York, New York 10016

ATTORNEY ADVERTISING. © 2014 Bernstein Liebhard LLP. The law firm responsible for this advertisement is Bernstein Liebhard LLP, 10 East 40th Street, New York, New York 10016, 800-511-5092. Prior results do not guarantee or predict a similar outcome with respect to any future matter.

Contact Information:
Felecia L. Stern, Esq.
Bernstein Liebhard LLP

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