According to Reuters, a U.S. District Court judge has denied Johnson & Johnson and McNeil’s motions to dismiss claims in one of over 200 federal Tylenol liver failure lawsuits. Judge Lawrence Stengel, of the U.S. District Court for the Eastern District of Pennsylvania, confirmed the Tylenol liver failure bellwether trial, originally scheduled for October 26, could now go before a jury.
There are currently 212 Tylenol liver failure lawsuits pending in a federal MDL in Pennsylvania. Plaintiffs in these lawsuits claim McNeil Consumer Healthcare, a subsidiary of pharmaceutical giant Johnson & Johnson, was aware of the potential for several forms of the popular painkiller acetaminophen to cause liver damage or failure, yet failed to sufficiently warn doctors and consumers of this risk.
Johnson & Johnson and McNeil had sought summary judgment on claims of design defect, failure to warn, fraud, and wrongful death in the 2012 lawsuit. The makers of Tylenol had argued they were unable to change the drug’s label due to federal restrictions. However, Judge Stengel noted that the companies had updated warnings in the past, and that they could have added stricter safety warnings to Tylenol’s label.
With the way now clear for the first Tylenol liver failure bellwether trial, plaintiffs in other pending Tylenol liver failure lawsuits will be eager to learn how the jury reacts.
Speak with your doctor about any health concerns you may have about your medications. If you or someone you know suffered liver damage or liver failure after taking Tylenol, contact Lopez McHugh today to speak free of charge with a qualified pharmaceutical attorney. You may qualify to bring a Tylenol liver failure lawsuit.