With at least 27 Tylenol liver failure lawsuits pending in seven different U.S. District Courts, a federal multidistrict litigation (MDL) has been established to consolidate the cases before one Eastern District of Pennsylvania judge, reducing duplicative discovery and eliminating conflicting rulings from different judges. Johnson & Johnson opposed the centralization but the panel saw the wisdom in consolidating the case even though, in MDL terms, it is a relatively small “class action.”
All of the 27 pending lawsuits involve similar allegations that Johnson & Johnson failed to adequately warn consumers about the risk of liver failure from acetaminophen overdoses. Implicit in these allegations is that J&J knew of the risks but ignored them because they are making money hand over fist on Tylenol.
Johnson & Johnson claims that they have appropriately warned consumers for years about the risks of Tylenol liver damage, and that arguing any product liability case will depend largely on the facts in the individual case. The U.S. Judicial Panel on Multidistrict Litigation (JPML) disagreed stating that individual health situations are often a major factor in MDLs created for the purpose of drug liability claims.
The FDA has indicated that acetaminophen overdose is a leading cause of liver failure in the U.S. Acetaminophen is found not only in Tylenol but other pain killers, as well as in a number of cold medicines.
If you have had any problems with Tylenol or any Johnson & Johnson product, particularly liver problems, contact our lawyers at 1.800.553.8082, or send us an online request for a free consultation.