New York, New York (PRWEB) March 16, 2014
As Tylenol lawsuits (http://www.tylenollawsuitcenter.com/) continue to move forward in U.S. Courts, Bernstein Liebhard LLP notes that a federal judge in New Jersey has ruled that a claim stemming from a 2009 Tylenol recall will be allowed to proceed. According to an Order issued on March 5, 2014, Judge Robert B. Kugler of the U.S. District Court for the District of New Jersey, found that an economic damage claim filed against McNeil PPC-Inc. under the New Jersey Product Liability Act was not time-barred, and that the Plaintiff had sufficiently alleged an injury under the Act. However, Judge Kugler did grant summary judgment on similar claims filed against McNeil’s parent company, Johnson & Johnson, after finding, among other things, that as a holding company, it does not design, develop, manufacture, market, promote or sell any product. (Walters v. Johnson & Johnson, et al., No. 11-654)
According to court documents, the Tylenol lawsuit was filed on behalf of a New Jersey man who allegedly lost his job after missing work due to stomach problems he allegedly suffered after taking Tylenol Arthritis in October 2009. The Plaintiff allegedly learned in December of that year that the product he ingested had been included in a Tylenol recall due to an incidence of stomach problems among consumers who had used the medications.
“This filing comes at a time when both McNeil and Johnson & Johnson are named in dozens of other Tylenol lawsuits that claim the over-the-counter medications caused serious liver damage in some users,” 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 consumers who were allegedly harmed by a Tylenol-brand over-the-counter medication.
According to court documents, more 120 Tylenol lawsuits have been filed against Johnson & Johnson and McNeil that allege the acetaminophen in Tylenol-brand products caused liver injuries resulting in hospitalization, liver transplantation, and death. The majority of these claims have been filed in a multidistrict litigation now underway in U.S. District Court, Eastern District of Pennsylvania. According to these complaints, acetaminophen-induced liver damage can allegedly occur even when Tylenol products are used in accordance with package directions. (In Re: Tylenol (Acetaminophen) Marketing, Sales Practices and Products Liability Litigation, MDL No. 2436)
According to a recent report from the Philadelphia Inquirer, acetaminophen toxicity sends 78,000 people to the emergency room and result in about 33,000 hospitalizations every year.* In 2011, the FDA announced that it would limit the amount of acetaminophen in prescription medications to 325 mg per tablet. According to a notice posted on the Federal Register, the new limits went into affect on January 14, 2014. However, these new guidelines do not apply to over-the-counter medications that contain acetaminophen.
In August 2013, Bloomberg.com reported that over-the-counter Extra Strength Tylenol caplets each contain 500 mg of acetaminophen, well over the new limits for prescription medications set by the FDA. That same month, McNeil announced that it would add new, more prominent warnings regarding the risk of liver damage to the labels of Tylenol-brand medications.**
Individuals who allegedly sustained severe liver damage due to their use of a Tylenol-brand medication may be entitled to compensation for their injury-related damages. To find out more about filing a Tylenol lawsuit, please visit Bernstein Liebhard LLP’s website. To arrange for a free legal review, please call 800-511-5092.
*articles.philly.com/2014-02-17/news/47382323_1_acetaminophen-poisoning-tylenol-maker-kate-trunk, Philadelphia Inquirer, February 17, 2014
**bloomberg.com/news/2013-08-29/j-j-adds-warning-to-tylenol-caps-on-acetaminophen-risk.html, Bloomberg.com, August 29, 2013
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 12 consecutive years. Bernstein Liebhard LLP is the only firm in the country to be named to this prestigious list every year since the list was first published in 2003.
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Felecia L. Stern, Esq.
Bernstein Liebhard LLP