A Pennsylvania woman filed a lawsuit against the makers of Extra Strength Tylenol on February 5, claiming that she suffered from acute liver failure as a result of taking the popular over-the-counter (OTC) pain reliever. The complaint was brought by Sherry Laverne Burton, and the defendants named in the lawsuit are pharmaceutical giant Johnson & Johnson, and subsidiaries McNeil-PPC and McNeil Consumer Healthcare. In a February 25th removal notice, attorneys representing the Tylenol makers claimed that the case should be transferred to federal court, because there is diversity of citizenship between Burton and the defendants, and because the amount of damages sought by the plaintiff surpasses the jurisdictional limit in a Pennsylvania court. If you believe you have been adversely affected by the pain reliever Tylenol, consult our experienced lawyers at Atkins & Markoff for legal help.
Extra Strength Tylenol May Be Harmful
According to Burton's lawsuit, she began taking daily doses of Extra Strength Tylenol beginning sometime prior to December 2010, after which she learned that she had developed liver failure. Burton received the diagnosis after she visited Huntsville Hospital's emergency room on December 1, 2010, the lawsuit states. In her complaint, Burton asserts counts of strict liability, breach of implied warranty of fitness for a particular purpose, breach of implied warrant of merchantability, negligence, negligent failure to warn, negligent design defect, fraud, fraudulent concealment and negligent misrepresentation. In short, the defendants have been accused of manufacturing and distributing a consumer product that is defective in design and can cause harm to users.
Tylenol Makers Accused of Failure to Warn
The drug companies named as defendants in the Tylenol lawsuit have also been accused of over-promoting their drug's safety and efficacy, and of failing to properly warn consumers and the medical community about the pain reliever's possible side effects. Burton is seeking compensatory damages; damages for pain and suffering, attorney's fees and costs; and punitive damages meant to punish Johnson & Johnson, McNeil-PPC and McNeil Consumer Healthcare. In their removal notice, the defense attorneys wrote that the amount in controversy appears to exceed $75,000, which would call for federal court jurisdiction.
Our Experienced Lawyers Can Help You File a Claim
Despite the fact that Tylenol is marketed as one of the most trusted brand in the United States, mounting research has identified a potential link between Tylenol use and liver toxicity side effects possibly leading to acute liver failure and death or the need for a liver transplant. If you took Tylenol and you have since suffered from liver failure or another life-threatening potential side effect of the pain reliever, contact our skilled attorneys at Atkins & Markoff today to discuss your legal options. You may have grounds to file a product liability lawsuit against Johnson & Johnson, in order to pursue financial compensation for your injuries, current and future medical care, lost wages, pain and suffering, and other damages.