A wrongful death claim filed by a widow in New York over her husband’s death as an alleged side effect of Tylenol use has been transferred to the newly-formed Tylenol multidistrict litigation (MDL) in Philadelphia. The wrongful death complaint was brought by Cathleen Murphy against McNeil Consumer & Specialty Pharmaceuticals, a division of pharmaceutical giant Johnson & Johnson. The lawsuit was filed in December 2010 in the U.S. District Court for the Eastern District of New York, and alleges that Cathleen Murphy’s husband, Michael Murphy, suffered devastating liver damage and ultimately died as a result of taking Extra-Strength Tylenol. If you took Tylenol and have since experienced a major side effect like liver damage or liver failure, consult our reputable attorneys at Atkins & Markoff today.
ACETAMINOPHEN TOXICITY AND LIVER FAILURE
According to the wrongful death suit, although Michael Murphy only took Tylenol regularly from April 2008 to May 2008, he died as a result of acute liver failure due to alleged acetaminophen poisoning on January 23, 2009. The complaint accuses McNeil and Johnson & Johnson of representing to Murphy and the public that Extra-Strength Tylenol is safe and poses “no significant health hazard to consumers,” when the medication may actually be toxic to the liver. “Defendants owed a legal duty to Plaintiff’s Decedent to manufacture and sell Extra-Strength Tylenol without hidden and/or concealed defects,” the lawsuit states. “Defendants breached such duty which proximately caused Plaintiff’s Decedent damages.”
DRUG COMPANIES ACCUSED OF FAILURE TO WARN
In her complaint, Cathleen Murphy claims that the drug companies failed to warn consumers about any possible side effects of Tylenol use affecting the liver until 1993, and at that time only warned consumers who drank three or more alcoholic beverages per day to consult a physician before taking the pain reliever. “It did not warn of hepatic injury in the absence of alcohol intake,” the complaint states. “Subsequent changes in the warnings remained inadequate to inform Plaintiff’s Decedent of the risk of liver injury and death from the use of Extra-Strength Tylenol.” After sustaining liver failure, Michael Murphy underwent a liver transplant, but ultimately died when his body rejected the new organ.
CONTACT OUR EXPERIENCED ATTORNEYS FOR LEGAL HELP
As a result of Michael Murphy’s alleged Tylenol-related death, the lawsuit contains counts of defective design, negligence, failure to warn, manufacturing defect, fraudulent misrepresentation, breach of implied and express warranties, negligent misrepresentation, fraudulent concealment and wrongful death. If you have suffered injuries like liver damage, or if you lost a loved one to liver failure, and you believe Johnson & Johnson’s Tylenol pain reliever to be the cause, contact our knowledgeable lawyers at Atkins & Markoff to discuss your legal options. You may have grounds to file a drug injury or wrongful death lawsuit against Johnson & Johnson, in order to pursue financial compensation for your losses.