Tylenol Lawsuit Allowed to Proceed After Federal Judge Determines Nevada Law Applies to Case, Bernstein Liebhard LLP Reports

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The Firm is investigating Tylenol lawsuits on behalf of individuals who allegedly suffered severe liver damage due to acetaminophen, the active ingredient in Tylenol over-the-counter medications.

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This case is of great interest to our Firm, as we are currently evaluating a number of potential claims that allege the use of Tylenol products caused severe liver damage.

A Tylenol lawsuit (http://www.tylenollawsuitcenter.com/) involving the alleged wrongful death of an infant will be allowed to proceed after a federal judge ruled that Nevada’s discovery rule would apply to the case, Bernstein Liebhard LLP reports. The complaint, which is currently pending in the U.S. District Court, Eastern District of Pennsylvania, was filed by the parents of a child who died in Nevada in 2009 after he was given a version of the over-the-counter medication that had been involved in a Tylenol recall. (Sherfey v. Johnson & Johnson, PICS No. 14-0943)

According to court documents, Johnson & Johnson had asserted that the Tylenol lawsuit was time-barred by Pennsylvania’s two-year statute of limitations because it was not filed until 2012. But in a decision issued on June 10th, U.S. District Judge Robert F. Kelly refused to dismiss the lawsuit, and ruled that Nevada law applied to the case. The Nevada statute of limitations does not start tolling until a plaintiff realizes that an injury was caused by another party. The plaintiffs in this case maintain that they didn’t learn that the Tylenol given to their child had been recalled until April 2012.

“This case is of great interest to our Firm, as we are currently evaluating a number of potential claims that allege the use of Tylenol products caused severe 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 consumers who were allegedly harmed by a Tylenol-brand over-the-counter medication.

Tylenol Liver Damage Litigation
According to court documents, the Eastern District of Pennsylvania is also the venue for a multidistrict litigation where more than 140 Tylenol lawsuits have been filed on behalf of individuals who allegedly suffered acetaminophen-induced liver damage due to the use of Tylenol-brand over-the-counter medications. All of the claims accuse Johnson & Johnson and its McNeil Pharmaceuticals unit of failing to provide adequate warnings regarding the association between the acetaminophen in Tylenol and liver damage. In many cases, Tylenol lawsuit plaintiffs claim that liver damage occurred even though the drugs were used in accordance with label directions, and resulted in hospitalization, the need for liver transplantation or death. (In Re: Tylenol (Acetaminophen) Marketing, Sales Practices and Products Liability Litigation, MDL No. 2436)

According to a recent report published by The Philadelphia Inquirer, 78,000 people require emergency room care every year due to toxic reactions to acetaminophen, the active ingredient in Tylenol products. Such injuries also result in about 33,000 hospitalizations every year.* In April, the U.S. Food & Drug Administration (FDA) announced that prescription drugs containing more than 325 milligrams of acetaminophen were no longer considered safe and were being voluntarily removed from the market. However, these limits do not apply to over-the-counter medications like Tylenol.**

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 Consumer Healthcare announced that it would add new, more prominent warnings regarding the risk of liver damage to the labels of Tylenol-brand medication.***

Individuals who suffered severe liver damage allegedly due to the use of a Tylenol-brand medication may be entitled to file their own Tylenol lawsuit. To learn more about the association between Tylenol and liver damage, please contact 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
**latimes.com/science/sciencenow/la-sci-sn-extra-strength-acetaminophen-fda-20140428,0,6108401.story, LA Times, April 28, 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. As a national law firm, Bernstein Liebhard LLP possesses all of the legal and financial resources required to successfully challenge billion dollar pharmaceutical and medical device companies. As a result, our attorneys and legal staff have been able to recover more than $3 billion on behalf of our clients. 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 it was first published in 2003.

Bernstein Liebhard LLP represents the victims of defective drugs and medical devices on a contingency-fee basis, and our clients are never expected to pay attorneys fees unless their case results in a successful recovery on their behalf. New York States contingency fee cap rules generally limit those fees to 33 1/3% of the total recovery. As a result, the Firms fees can be significantly lower than those assessed by attorneys in other states, which depending on the law may amount to as much as 40% or more of a plaintiff’s recovery.

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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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