First Tylenol Trial

On October 26, 2015, the Tylenol litigation is scheduled to begin with its first trial. The case involves Rana Terry who is suing on behalf of her sister, Denice Hayes. According to the Plaintiff, in August of 2010, the decedent took Tylenol Extra Strength according to the label’s instructions and later that month was found to have catastrophic liver damage after a trip to the emergency room. Hayes died a week later.

In May of 2015, a federal judge ruled that unlimited punitive damages may be sought by Plaintiffs under Alabama law. Johnson & Johnson requested that the Court apply New Jersey wrongful death law to the case, arguing that Johnson & Johnson and its subsidiary McNeil-PPC Inc. are both NJ corporations. NJ law is typically seen as more friendly to drug making companies,

In short, the plaintiff could gain maximum punitive damages under Alabama law and minimal, if any, punitive damages under New Jersey law.”

This decision is devastating news for Johnson & Johnson. Judge Stengel believes that Alabama law stands to truly protect the lives of the citizens in Alabama state, where as the NJ law exists to protect the drug manufacturers.

This ruling will certainly have a significant impact on the outcome of future proceedings. If you would like more information about Tylenol, contact Caputo and Mariotti today.

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