Johnson & Johnson/McNeil has issued a recall for Tylenol, Motrin and other over-the-counter children’s and infants’ liquid products. The recall includes 43 over-the-counter medications for children, mostly liquid medications. The recall comes after an FDA inspection of their facility.
Sure the recall is voluntary but why is it on the heels of an FDA inspection? Don’t they inspect their own facility?
Our lawyers have gotten a few calls but I don’t suspect there are going to be any viable lawsuits that will come from this recall. Still, it is the third major recall since August for Johnson & Johnson (which owns McNeil) for a problem unrelated to the prior two issues.
I really believe in these kinds of cases the drug companies don’t fear lawsuits because the risk of grave injury to the consumer is relatively low. Of course, this does not provide the proper incentives for the drug companies to do the right thing. I know there is a lot of debate on this topic and reasonable minds disagree. But I do believe that plaintiffs’ product liability lawyers are a critical component of keeping unsafe drugs off the market because companies fear lawsuits because lawsuits can crush their profits.