01/06/2012 // WPB, FL, USA // Injury Lawyers News // Nicole Howley
Philadelphia, PA — Johnson & Johnson is facing a lawsuit filed by a Washington state couple whose son died after taking defective Children’s Tylenol from a batch that had been previously recalled. The lawsuit was filed last Friday in Philadelphia’s Court of Common Pleas, accusing Johnson & Johnson of reckless, negligence, breach of warranty, infliction of emotional distress, conspiracy and other offenses, reports the Washington Post.
On July 22, 2010, Daniel and Katy Moore of Ellensburg, Wash., say they gave their 2-year-old son, River Moore, Very Berry Strawberry flavored Children’s Tylenol for a slight fever that night. About 30 minutes later, River began spitting up blood.
The next day, after being rushed to the hospital the night before, doctors pronounced River dead from liver failure.
The medicine reportedly contained excessive acetaminophen, which damaged his liver and led to his death.
CEO William Weldon, three J&J subsidiaries, former consumer health business head Colleen Goggins and other company executives and board members, along with retailers and distributors who handled the product were also named in the lawsuit with Johnson & Johnson. The defendants have been accused of “willful and reckless conduct which needlessly caused the death of (the boy) simply to preserve the continuation of their billion-dollar revenue streams of pediatric medicines.
Court filings state that the lot number of the Children’s Tylenol allegedly taken by the victim was part of an April 30, 2010 recall, which involved Children’s Tylenol and several other nonprescription pediatric medicines.
Johnson & Johnson contends that its 2010 recalls of children’s products were not related to the “serious adverse events or cases of overdose” alleged in the lawsuit, the Washington Post reported.
Johnson & Johnson said in a statement issued at the time of the recall, “Some of the products included in the recall may contain a higher concentration of active ingredient than is specified; others may contain inactive ingredients that may not meet internal testing requirements; and others may contain tiny particles,” the Washington Post revealed.
The lawsuit is seeking unspecified compensatory and punitive damages, interest and legal expenses.
Legal News Reporter: Nicole Howley-Legal news for product liability lawyers.
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